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Blog Posts in Medical Negligence

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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
    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
    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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  • Florida Supreme Court rules that plaintiff's complaint alleging negligent physical restraint by National Deaf Academy personnel of resident not subject to medical negligence pre-suit requirements
    Florida Supreme Court rules that plaintiff's complaint alleging negligent physical restraint by National Deaf Academy personnel of resident not subject to medical negligence pre-suit requirements

    On April 26, 2018, in The National Deaf Academy v. Townes , No. SC16-1587, the Florida Supreme Court affirmed a Florida Fifth DCA decision holding that a plaintiff’s complaint alleging negligent ...

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  • Florida Supreme Court rules in medical negligence case that trial court erroneously admitted testimony from treating physician based on improper hypothetical
    Florida Supreme Court rules in medical negligence case that trial court erroneously admitted testimony from treating physician based on improper hypothetical

    On April 26, 2018, in Cantore v. West Boca Medical Center , No. SC15-1926, the Florida Supreme Court quashed a Florida Fourth DCA opinion that had affirmed a defense verdict in a medical negligence ...

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  • Florida Second DCA reverses trial court's dismissal of medical negligence plaintiff's complaint for failure to state a cause of action alleging vicarious liability
    Florida Second DCA reverses trial court's dismissal of medical negligence plaintiff's complaint for failure to state a cause of action alleging vicarious liability

    On February 16, 2018, in Payas v. Adventist Health System/Sunbelt Inc ., No. 2D16-3615, the Florida Second DCA reversed the trial court’s dismissal of the plaintiff’s medical negligence complaint ...

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  • Florida Fourth DCA rules that medical negligence plaintiff should have been allowed to amend admission to correct legal error made by plaintiff's previous attorney
    Florida Fourth DCA rules that medical negligence plaintiff should have been allowed to amend admission to correct legal error made by plaintiff's previous attorney

    On December 13, 2017, in Clemons v. Namnum , No. 4D16-3558, the Florida Fourth DCA reversed a trial court’s summary judgment ruling in favor a medical negligence defendant. The plaintiff had filed a ...

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