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When most people think of post-traumatic stress disorder (PTSD) they imagine a soldier returning home to civilian life after witnessing the atrocities of war in a far-away foreign locale. However, a recent article in the New...
Author: Bonnie Navin
When patients are discharged from a stay in the hospital the last thing on their mind is coming back for another stay. However, an article entitled “At Too Many Hospitals, a Revolving Door” from the New York Times paints...
Medically Stable or not: It’s a jury question! The First District Court of Appeal, on June 21, 2012, held in University of Florida v. Marguerite Stone, as Personal Representative of the Estate of Ronald Stone, that the Good...
An Unverified Expert Opinion is Not Enough
April 30, 2012
As we know, courts will look for every opportunity to allow a litigant to have their day in court but they will not do so when every opportunity is available to follow the statutory procedures within the statute of...
In an interesting turn of events, the Second District Court of Appeal turned the tables on an earlier opinion after consideration of the remand by the Florida Supreme Court on the issue of whether improper conduct on the part...
Presuit Notice to Dr. is Sufficient to Impute Knowledge to Hospital Where a Legal Relationship Exists
April 30, 2012
NOTICE IS NOTICE, don’t ignore the words “Agents, Employees, and Apparent Agents”: The intended Plaintiff sent presuit notice of intent to sue to the physician and his group alleging malpractice by this doctor and his...
Hospitals Hampering Florida’s Right To Know Amendment
December 12, 2011
The Miami Herald recently reported that Florida hospitals are finding ways to hamper patients’ access to medical records as provided in the voter-approved provision of the Florida Constitution. Seven years ago, Florida...
The Fifth District Court of Appeal recently reversed a final summary judgment entered in favor of a psychiatric facility, finding that the plaintiff had no obligation to engage in the presuit normally required in medical...
Public Health Trust Is Not Immune From Suit Through Sovereign Immunity Or Florida’s Good Samaritan Act
October 5, 2011
Last week, the Third District Court of Appeal denied a petition for certiorari filed by The Public Health Trust of Miami-Dade County. The appeal stemmed from a trial order denying the Trust’s motion for summary...
Medical Incident Reports Not Protected As Work Product
September 1, 2011
The Third DCA recently addressed whether a healthcare facility’s adverse medical incident reports are protected as attorney work product. In a unanimous opinion, the Court held that the work product privilege does not...