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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...
In Wax v. Tenet, 32 Fla. L. Weekly D641a (4th DCA March 7, 2002) a 37-year-old gentleman underwent an elective hernia repair at West Boca Medical Center. The surgical consent included a provision consenting to anesthesia...
Presuit Doesn’t Apply to Hospital’s “Simple Negligence”
February 16, 2007
In Lakeland Regional v. Allen, 32 Fla. L. Weekly D94b (2d DCA December 27, 2006) the Second DCA addressed a situation where a hospital was alleged to have served a patient a turkey sandwich that caused salmonella infection...
Administrative Law Judge can Determine NICA Notice
February 16, 2007
In NICA v. DOA, 32 Fla. L. Weekly (Fla. Sct January 11, 2007), the Supreme Court addressed the issue of whether an Administrative Law Judge (ALJ) has jurisdiction to decide whether proper NICA notice was given. The case...
Presuit Affidavits Need Not Name Every Prospective Defendant
February 15, 2007
In Michael v. MSN, 32 Fla. L Weekly D207b (3rd DCA January 10, 2007), a man went to a hospital following a head laceration. While there he experienced chest pain, and was given 5 doses of nitroglycerine by a nurse –...