medical malpractice

Supreme Court Rejects Medical Malpractice Caps

Jun 9, 2017
JMV0586 / FLICKR

The Florida Supreme Court on Thursday ruled that a law limiting pain-and-suffering damages in medical malpractice cases is unconstitutional, rejecting a controversial change that the Legislature and then-Gov. Jeb Bush approved in 2003.

Court Backs Patient In Malpractice Release Dispute

Jun 9, 2017

A state appeals court Wednesday cleared the way for a medical-malpractice case to move forward, rejecting arguments that a doctor was shielded from the lawsuit because of a release signed by a patient.

State lawmakers are advancing a measure giving women the opportunity to sue over physical or emotional injuries from an abortion.

Court Rejects Legal Fee Cap In Injured Boy Dispute

Feb 1, 2017
p1 lawyer / Flickr

In a case involving a boy severely injured at birth, a split Florida Supreme Court ruled Tuesday that lawmakers' decision to impose a $100,000 cap on attorneys' fees — a fraction of the costs incurred in a decade-long legal fight — was unconstitutional.

Justices Rule Medical Documents Must Be Disclosed

Feb 1, 2017
Wikimedia Commons

In a ruling that could have implications for medical-malpractice cases across the state, the Florida Supreme Court on Tuesday said a Jacksonville hospital system was required to provide records to a patient's family because of a 2004 constitutional amendment.

Supreme Court Asked To Reconsider Medical Malpractice Case

Jan 10, 2017
JMV0586 / FLICKR

Pointing to potentially far-reaching effects, a physicians' group is asking the Florida Supreme Court to reconsider the rejection of an arbitration agreement in a medical-malpractice case.

Court Rejects Medical Malpractice Arbitration Agreement

Dec 23, 2016
JMV0586 / FLICKR

The Florida Supreme Court on Thursday rejected an arbitration agreement in a medical-malpractice case involving an infant who was stillborn.

Supreme Court Questions Medical Malpractice Law

Dec 9, 2016
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Florida Supreme Court justices appeared skeptical Thursday about the constitutionality of a 2013 medical-malpractice law that critics argue could lead to violations of patient privacy rights.

Florida Supreme Court Hears Arguments About Medical Record Access

Oct 6, 2016
Florida Supreme Court

Though the parties reached an eleventh-hour settlement, the Florida Supreme Court on Wednesday plunged into a dispute that could have implications for medical-malpractice cases across the state.

Court Sides With Tampa General In Malpractice Case

Aug 25, 2016

An appeals court Wednesday upheld a ruling that cleared Tampa General Hospital from potential liability in a medical-malpractice case stemming from the death of a patient during surgery.

Submitted

Most of Steve Kenan was laid to rest in St. Petersburg after his unexpected death in 2013. But not his heart.

That organ, preserved in formaldehyde, has traveled more than 1,000 miles to be studied by pathologists in three states. So far, they can’t agree on what killed him; was it his chronic heart condition or a medical mistake?

Justices To Weigh Case Involving Escaped Patient

Jun 20, 2016
University of Florida Health

The Florida Supreme Court said Friday it will take up a case stemming from the death of a woman who was killed on Interstate 75 after escaping from a psychiatric hospital.

Justices Eye Constitutionality Of Malpractice Caps

Jun 10, 2016
JMV0586 / FLICKR

More than a dozen years after a fierce political fight about the state's medical-malpractice laws, the Florida Supreme Court on Thursday heard arguments about the constitutionality of limits on damages in malpractice lawsuits.

Justices Decline To Hear 'Bad Faith' Dispute In Medical Malpractice Case

May 27, 2016
Brandonrush (Wikimedia Commons)

In a case involving a $35 million arbitration award, the Florida Supreme Court on Thursday said it will not take up a dispute about whether a physician is able to pursue a "bad faith" claim against a medical-malpractice insurer.

Supreme Court Ready To Hear Medical Malpractice, Other Major Cases

May 26, 2016

For legal junkies, the Florida Supreme Court will be the best show in town during a three-day period in June.

Justices are poised to hear arguments on a series of high-profile issues, including gambling, the death penalty, guns and medical malpractice, according to a schedule released Wednesday.

Supreme Court To Decide Malpractice Dispute

Apr 18, 2016

The Florida Supreme Court has agreed to take up a constitutional challenge to a 2013 medical-malpractice law that spurred a lobbying battle between groups such as doctors and plaintiffs' attorneys.

Florida Supreme Court Could Consider Medical Malpractice Battle

Feb 8, 2016
Wikimedia Commons

The Florida Supreme Court could decide whether a physician is able to pursue a "bad faith" claim against an insurer in a medical-malpractice case that led to a $35 million arbitration award.

Court Backs Hospitals In 'Heart-Wrenching' Malpractice Case

Sep 28, 2015

A state appeals court Thursday sided with two South Florida hospitals in a medical-malpractice case involving a child who suffered brain damage after needing emergency care in 2008.

Supreme Court Ponders Medical Malpractice In Patient Suicide

Sep 3, 2015
Wikimedia Commons

In a medical-malpractice lawsuit stemming from the death of a woman who hanged herself, the Florida Supreme Court on Wednesday weighed whether her doctor could be found negligent in the suicide.

Court Sides With Hospital In Death Of Escaped Patient

Aug 31, 2015
University of Florida Health

A sharply divided appeals court Friday ruled that the death of a woman who was hit by a truck after escaping from a psychiatric hospital should be handled as a medical-malpractice case --- effectively leading to the dismissal of a lawsuit filed by her estate.

Court Overturns $4.1M Medical Malpractice Verdict

Aug 27, 2015
Jupiter Images

Pointing to the unfair use of expert witnesses, a South Florida appeals court Wednesday ordered a new trial in a medical-malpractice case that led to a $4.1 million verdict against a pediatrician accused of negligently diagnosing a child's kidney disease.

Court Backs Medical Malpractice Change

Jul 21, 2015

A state appeals court Tuesday upheld the constitutionality of a controversial change in Florida's medical-malpractice laws, ruling in part that some privacy rights are "waived" when people pursue malpractice lawsuits.

The decision by a three-judge panel of the 1st District Court of Appeal stemmed from a 2013 law, which the Republican-controlled Legislature passed after a lobbying battle between groups such as doctors and plaintiffs' attorneys. A federal appeals court last year also upheld the change in a separate case.

Medical Malpractice Rate Cuts Challenged

Jul 15, 2015

A major medical-malpractice insurer is challenging an order by Florida regulators to reduce rates by 15 percent, according to newly filed documents in the state Division of Administrative Hearings.

The Doctors Company made an annual rate filing in December that did not request changes in rates. But the state Office of Insurance Regulation said an analysis showed that rates should be reduced 11.9 percent to 17.3 percent and last month ordered the company to make a new filing that reflected rate cuts of 15 percent.

A 2003 law capping medical malpractice lawsuit awards at $500,000 can't be applied retroactively. That's what the Supreme Court ruled Thursday in a Miami-Dade County case in which a woman suffered permanent damage to her leg from unnecessary surgery. A jury awarded Kimberly Ann Miles $1.5 million, but Dr. Daniel Weingrad appealed the case saying the award should be limited to the $500,000 cap then-Gov.

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A federal appeals court has refused to reconsider a decision that opens the door for cruise ship passengers to sue for medical malpractice.

The 11th U.S. Circuit Court of Appeals last week rejected a bid by Royal Caribbean Cruise Lines to revisit the ruling. The court noted that none of the 11th Circuit judges voted in support of reconsideration.

Royal Caribbean could still appeal to the U.S. Supreme Court. A company spokesman said legal options are under review.

A ruling on the ongoing challenge to Florida's medical malpractice law is a win for groups such as the Florida Medical Association, Jim Saunders of the News Service of Florida reports. The 11th U.S. Circuit Court of Appeals decision on Friday says changes made in 2013 to the "ex parte communications" portion of the law does not violate patient privacy, the News Service reports.

The ongoing debate over Florida’s controversial medical malpractice law is being pondered again by the state’s Supreme Court.

Justices heard arguments this week about whether a Miami-Dade County woman injured before the 2003 law should have the damage caps applied in her case, the News Service of Florida reports.

Kimberly Ann Miles did not file a lawsuit against her physician until January 2006.

Following a Florida Supreme Court decision that struck down caps on certain awards in medical malpractice lawsuits, the members of a 2002 task force that supported those caps are calling for a constitutional amendment that would place the caps on solid footing.

A Boca Raton patient won a $30 million verdict for injuries from a simple surgery that went went horribly wrong and left her unable to work.  But she won’t be able to collect the money.  The same legal system that helped Laura Haughie win the verdict blocked her from receiving it, the Palm Beach Post reports.

JMV0586 / FLICKR

Thursday's Florida Supreme Court decision that threw out medical malpractice limits on "pain and suffering" drew quick rebukes from doctors and applause from trial attorneys.

The 5-2 landmark decision, issued two years after oral arguments, called into question the very reason the Legislature imposed the limits in the first place: the "alleged medical malpractice crisis."

Second-guessing the legislative intent in such a case is extraordinary, says Jay Wolfson, University of South Florida professor of public health and medicine.

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