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...
Eleventh Circuit Certifies Questions to Florida Supreme Court On Non-Economic Damages Cap
June 2, 2011
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...
Fourth DCA Reverses Summary Judgment for Hospital and Remands for Reconsideration of Punitive Damages
March 21, 2011
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...
NICA Notice Case Remanded For Further Proceedings
February 23, 2011
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...
Night Time Births Increase Risk of Brain Injuries
January 7, 2011
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...
5th DCA Addresses Necessary Qualifications of Pre-Suit Expert
November 17, 2010
The 5th District Court of Appeals recently addressed the adequacy of the qualifications of a pre-suit expert, and determined that the trial court did not err in its denial of the defendant hospital’s motion to dismiss,...
Hawaii Supreme Court Addresses Med-Mal Damages Cap
November 12, 2010
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...