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Blog Posts in Medical Negligence

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  • Florida Third DCA rules that children’s loss of consortium claims for injury to parent from alleged medical negligence did not relate back for statute of limitations purposes to date of filing of underlying lawsuit

    On July 22, 2020, in Castro v. Linfante, No. 3D19-2136, a medical negligence case, the Florida Third DCA affirmed a trial court’s dismissal on statute of limitations grounds ...

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  • Florida Second DCA finds that Fla. Stat. § 766.11, which provides sanctions for doctors who perform unnecessary diagnostic tests, is an independent cause of action from related common law medical negligence claim

    On July 17, 2020, in Haynes v. Blackshear, No. 2D18-4649, the Florida Second DCA reversed a final judgment in favor of the defendant doctor in a medical negligence case ...

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  • Florida Second DCA rules that date of defendant’s receipt of plaintiff’s notice of intent to initiate medical negligence litigation, rather than date of mailing, controls for statute of limitations purposes, certifies conflict with First, Fourth and Fifth DCAs

    On July 1, 2020, in Boyle v. Samotin, et al., No. 2D18-2932, the Florida Second DCA affirmed the dismissal by the trial court of a medical negligence case based on statute of limitations grounds ...

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  • Florida Fifth DCA rejects plaintiff’s argument that case premised on defendant doctor’s decision to admit patient to ICU, allegedly for revenue generating purposes, was not subject to medical negligence presuit statute

    On May 29, 2020, in Rockledge HMA, LLC, et al. v. Lawley, No. 5D19-1223, the Florida Fifth DCA granted a defendant’s petition for certiorari in a medical negligence ...

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  • Florida Fourth DCA rules that case alleging hospital and care facility acted negligently in failing to ensure that hospital-prescribed medications were continued at care facility sounded in medical negligence and was subject to medical negligence pre-suit requirements

    On May 20, 2020, in Henderson Behavioral Health, Inc. v. Cortes, No. 4D20-650, the Florida Fourth DCA granted the certiorari petitions of the defendants ...

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  • Florida Second DCA reverses jury verdict for plaintiff in medical negligence case, finds that defendant was denied the opportunity to present “empty chair” defense

    On May 22, 2020, in Board of Trustees of University of South Florida v. Carter, No. 2D18-1219, the Florida Second DCA reversed a jury verdict ...

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  • Florida Third DCA finds that trial court did not abuse discretion in allowing testimony in medical negligence trial from treating physicians which the plaintiff alleged contained impermissible standard of care and causation opinions

    On April 1, 2020, in McDuffie v. Uribe, No. 3D18-2558, the Florida Third DCA affirmed a defense verdict in a medical negligence case ...

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  • Florida Fifth DCA rules that disputed issues of fact and conflicting expert opinions precluded summary judgment in medical negligence case against hospital involving allegedly negligent administration of contaminated heparin

    On March 27, 2020, in Dumigan v. Holmes Regional Medical Center, No. 5D19-1491, the Florida Fifth DCA reversed a trial court ruling which had granted ...

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  • Florida Second DCA finds that plaintiff failed to comply with medical negligence presuit requirements by failing to timely provide expert affidavit to defendant doctor

    On March 18, 2020, in Brundage v. Evans, No. 2D19-1441, the Florida Second DCA quashed a trial court’s order denying the defendant medical providers’ motion ...

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  • Florida Third DCA reverses trial court dismissal of medical negligence plaintiff’s case on statute of limitations grounds, finding genuine issue of material fact

    On December 26, 2019, in Mobley v. Homestead Hospital, Inc., No. 3D18-895, the Florida Third DCA reversed a trial court’s dismissal of the plaintiff’s medical negligence case ...

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  • Florida Third DCA upholds constitutionality of Florida’s $350,000 monetary cap on non-economic damages in medical negligence case in which plaintiff rejected voluntary binding pre-suit arbitration

    On December 18, 2019, Poole v. DeFranko, No. 3D18-1809, the Florida Third DCA reversed a trial court’s determination that Florida Statutes ...

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  • Florida First DCA affirms dismissal of plaintiff’s medical negligence case, concluding that physician’s pre-suit affidavit did not sufficiently corroborate injuries arising from alleged negligence

    On December 17, 2019, in Howell v. Balchunas, No. 1D19-288, the Florida First DCA affirmed the trial court’s dismissal of the plaintiff’s medical negligence case ...

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  • Florida Third DCA reverses trial court’s summary judgment dismissal of plaintiff’s medical negligence lawsuit against hospital, finds that plaintiff’s claim of apparent agency between allegedly negligent doctor and hospital should have been left for jury determination

    On November 27, 2019, in King v. Baptist Hospital of Miami, et al., No. 3D18-1017, the Florida Third DCA reversed the trial court’s summary ...

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  • Florida Fifth DCA rules that hospital’s adverse incident reports were properly excluded as evidence at medical negligence trial

    On November 19, 2019, in Bauduy v. Adventist Health System, No. 5D18-2678, the Florida Fifth DCA affirmed a trial court ruling which excluded ...

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  • Florida Second DCA rules that doctor’s alleged failure to identify cancer on successive x-rays constituted discrete acts of negligence each subject to its own statute of limitations

    On October 18, 2019, in Santiago v. Rodriguez, No. 2D18-3114, the Florida Second DCA considered an appeal in which the plaintiffs ...

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  • Florida Fifth DCA rules that written statements of hospital employees were subject to disclosure to patient as adverse incident records despite hospital’s invocation of attorney-client privilege

    On August 30, 2019, in The Nemours Foundation v. Arroyo, No. 5D19-817, the Florida Fifth DCA denied a certiorari petition from a hospital seeking relief from a trial court order requiring it to produce five written statements of hospital employees ...

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  • Florida First DCA rules that medical negligence allegation cannot form the basis of a claim of abuse claim under Florida’s Adult Protective Services Act and health care provider tortfeasor was not entitled to allocate fault with independent, subsequent tor

    On July 15, 2019, in Specialty Hospital-Gainesville, Inc. v. Barth, No. 1D18-511, the Florida First DCA reversed a judgment in favor of the plaintiff in case which was brought under both Florida’s ...

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  • Florida Fourth DCA reverses multi-million dollar judgment for plaintiff in medical negligence lawsuit on the basis of improper informed consent jury instruction

    On June 12, 2019, in Sherrer v. Hollingsworth , No. 4D18-830, a medical negligence case, the Florida Fourth DCA reversed a multi-million dollar plaintiff’s verdict and ordered a new trial after ...

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  • Florida Fourth DCA rules that defendant dentists were entitled to dismissal of patient’s lawsuit based on plaintiff’s failure to conduct statutorily required medical negligence pre-suit investigation

    On March 27, 2019, in Seider v. Leibner , No. 4D18-3363, the Florida Fourth DCA granted the defendant dentists’ petition to quash a trial court order denying their motion to dismiss the lawsuit ...

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  • Florida Third DCA rules that hospital does not have non-delegable duty to provide non-negligent ER services, certifies conflict with Fourth DCA

    On March 27, 2019, in Tabraue v. Doctors Hospital , No. 3D16-1661, the Florida Third DCA affirmed a trial court’s dismissal of a medical negligence complaint against the defendant hospital, rejecting ...

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  • Florida Fourth DCA rules that physician who prevailed in medical negligence lawsuit could not equitably be bound by premature judgment requiring her to indemnify settling codefendant

    On June 6, 2018, in Fitzpatrick v. Meredith , No. 4D17-3438, the Florida Fourth DCA affirmed a trial court’s order granting the defendant doctor’s motion for relief from a summary judgment on ...

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  • Florida First DCA rules that infectious disease expert did not practice in "similar" specialty to defendant ophthalmologist treating patient for eye infection

    On May 18, 2018, in Rodriguez v. Nicolitz , No. 1D16-4604, the Florida First DCA affirmed a trial court’s dismissal of a medical negligence plaintiff’s amended complaint on the basis that Florida’s ...

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