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Florida’s medical malpractice law is very complicated as there are many procedural requirements set forth in Chapter 766 of the Florida Statutes. If these rules are not strictly followed, the court may strike pleadings...

On November 10th 2014, the Eleventh Circuit overturned the long-standing rule that cruise lines could not be sued for medical malpractice.  In Franza v. Royal Caribbean Cruises, 2014 WL 5802293 (11th Cir. 2014), the...

Recently, in Buck v. Columbia Hospital Corp. of South Broward, Case No. 4D13-2165 (Fla. 4th DCA) (September 10, 2014), the Fourth DCA affirmed the dismissal of a complaint for failing to comply with the pre-suit requirements...

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...

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...

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...

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...

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...