Florida has strict sovereign immunity laws that protect certain hospitals from negligence and malpractice lawsuits. Sovereign immunity means the government owns or operates the hospital, so it is ‘immune’ from a civil lawsuit. However, litigants in Florida are not completely barred from suing a sovereign immune hospital. Instead, Section 13 of Article X of the...
Negligent Observation of Psychiatric Patient is Not Medical Malpractice, Appellate Court Holds
A recent ruling in Florida’s 5th District Court of Appeal holds that failing to properly supervise and observe a suicide risk psychiatric resident risk is not medical malpractice. The plaintiff is represented by Senior Justice Law Firm. Allegations in the Publicly Filed Complaint against LifeStream Behavioral Center PLAINTIFF was admitted to DEFENDANT FACILITY on or...
Best and Worst Counties to Try a Nursing Home Case in Florida
Top Counties to Try an Injury or Wrongful Death Case in Florida Below are some of the most conservative and the most liberal counties in Florida to try a civil injury case. Traditionally, liberal counties are more favorable to plaintiffs (the injured party). Most of the large, multi-million Florida plaintiff jury verdicts we read about...
Why Do Medical Malpractice Cases Take So Long to Settle?
Most clients are shocked at how long medical malpractice cases take to settle. There is a common misconception that hospitals or insurance companies will fear exposure and pay a hefty settlement early on in the case. Unfortunately, medical malpractice is one of the most litigious subcategories of personal injury. Many medical liability cases do not...
When Does a Hospital Create an Adverse Incident Report?
Mandatory Reporting of Adverse Incidents in Florida Hospitals Florida law requires that adverse incidents in hospitals must be reported to government agencies. This hospital accident and injury data is tracked and monitored. Usually, the reported incidents can be obtained by the public. The adverse incident report is always available to the effected patient or the...
Subsequent Doctor’s Testimony Inadmissible as Evidence
Recently, the Supreme Court of Florida issued a ruling in Cantore v. West Boca Medical Center, that a treating physician cannot testify as to how he would have treated the patient had the patient been brought to a higher level care hospital sooner. Our Boca Raton Medical Malpractice attorneys explain the opinion. Underlying Facts of...
Florida Supreme Court Opinion Distinguishes Medical Malpractice from Ordinary Negligence
A recent Florida Supreme Court Opinion distinguishes cases of medical malpractice from ordinary negligence. This ruling will be helpful to plaintiffs injured in quasi-medical incidents in establishing their case is not subject to medical malpractice laws. Attorney Michael Brevda represented the Plaintiff in the underlying Supreme Court case of Townes v. National Deaf Academy. A...
Binding Arbitration in Florida Medical Malpractice Cases
Claimants May Use “Pre-Suit Voluntary Binding Arbitration” To Their Advantage in Florida Medical Malpractice Cases Is Binding Arbitration Worth it in Florida Med Mal Claims? Medical malpractice cases are notorious for their complexity and costliness. In an effort to minimize the risks associated with bringing a medical malpractice claim, the Florida Legislature allows either party,...
Hospital Pressure Ulcer Lawsuit Filed vs. Northwest Regional Medical Center
Recently, our Fort Lauderdale hospital malpractice attorneys filed a lawsuit against Northwest Medical Center, alleging hospital acquired pressure ulcers. If you or a loved one have a potential case against Northwest Medical Center, contact our Fort Lauderdale office today for a free case consultation: 754-312-7202. Below is the publicly filed Amended Complaint. Lawsuit Complaint vs....
Bed Sore Lawsuit Filed vs. Bethesda Hospital in Boynton Beach
Recently, our Boynton Beach injury lawyers filed a lawsuit against Bethesda Hospital East. The case against Bethesda Hospital in Boynton alleges medical malpractice resulting in a hospital acquired pressure ulcer, also known as a bedsore. Hospital bed sores are a ‘never event’ in medicine; meaning they should never occur. Our lawyers routinely handle cases against...