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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...

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...

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...

The Eleventh Circuit Federal Court of Appeals recently addressed the constitutionality of Florida’s statutory cap on non-economic damages in medical malpractice cases.  Fla. Stat. § 766.118. The Eleventh Circuit affirmed...

The first DCA recently ruled that a settlement proposal in a medical malpractice case was invalid, because it was conditioned upon joint acceptance by both plaintiffs.  After receiving a defense verdict, the defendants at...

The Fourth DCA recently reversed a trial court’s order granting summary judgment for a defendant hospital in a medical malpractice action.  In so doing, the appellate court held that it was error to grant the...

The 2nd District Court of Appeals recently addressed the adequacy of medical provider notice regarding the Neurological Injury Compensation Plan, where some, but not all, medical providers have complied with statutory notice...

Researchers at the University of California School of Medicine recently released the findings of a study that indicate that babies born at night may be at greater risk of developing neonatal encephalopathy, a rare brain...

The Hawaii Supreme Court recently heard oral arguments on the constitutional validity of the state’s cap on medical malpractice damages. The cap, which applies to most tort cases, provides that “physical pain and...

On October 13, 2010, Florida’s Third District Court of Appeals, in Deno v. Lifemark Hospital of Florida, No. 3D09-984 (Fla. 3d DCA 2010), upheld the ruling of an arbitration panel, holding that the relevant statutory...