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Blog Posts in Medical Negligence

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  • Florida Fourth DCA rules that lawsuit involving nursing staff’s alleged refusal to allow patient to keep her walker during hospital admission, resulting in fall, was subject to medical negligence presuit requirements

    On April 20, 2022, in Martin Memorial Health Systems, Inc., et al. v. Gorham, No. 4D21-2949, the Florida Fourth DCA granted a medical negligence defendant’s certiorari petition and quashed a trial court order denying the defendant’s motion to dismiss the complaint...

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  • Florida Third DCA quashes trial court order denying medical negligence defendant’s motion to dismiss case based on plaintiff’s alleged failure to comply with statutory presuit requirements

    On April 20, 2022, in University of Miami, etc. v. Jones, etc., No. 3D22-0046, the Florida Third DCA granted a medical negligence defendant’s certiorari petition and quashed a trial court order denying the defendant’s motion to dismiss the complaint for failure...

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  • Florida Supreme Court rules in medical negligence case that mailing of presuit notice of intent to initiate litigation, not receipt of notice, begins statutory tolling period

    On April 21, 2022, in Boyle v. Samotin, et al., No. SC-20-1399, the Florida Supreme Court ruled that under § 766.106, Florida Statutes (2018), and Fla. R. Civ. P. 1.650, it is the timely mailing of the presuit notice of intent to initiate litigation (“NIIL”) in a medical negligence...

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  • Florida Fourth DCA affirms dismissal of hospital and nursing staff from medical negligence complaint based on pre-suit affidavit’s failure to address their negligence

    On March 23, 2022, in Rafferty v. Martin Memorial Medical Center, Inc., et al, No. 4D21-368, the Florida Fourth DCA issued a per curiam affirmance of a trial court order granting a motion to dismiss certain defendants from a medical negligence complaint for...

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  • Florida Third DCA rules that personal injury complaint involving injuries allegedly suffered by plaintiff when surgical table collapsed underneath him was not subject to Florida’s medical negligence pre-suit requirements

    On January 26, 2022, in University of Miami d/b/a Bascom Palmer Eye Institute v. Bloomer, No. 3D21-2298, the Florida Third DCA denied a certiorari petition by the defendant medical provider to quash the trial court’s denial of a motion to dismiss a negligence ...

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  • Florida First DCA rules that Covid-19 patient’s right to self-determination did not legally compel hospital physicians to administer treatment against their medical judgment or perceived ethics

    On January 27, 2022, in Pisano v. Mayo Clinic Florida, No. 1D22-43, the Florida First DCA issued an opinion explaining its reasoning for an expedited order entered on January 14, 2022, declining to exercise certiorari review of a trial court’s order denying...

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  • Florida First DCA denies certiorari review of trial court’s denial of defendants’ motion to dismiss medical negligence complaint based on plaintiff’s submission of pre-suit affidavit from allegedly unqualified medical expert
    Florida First DCA denies certiorari review of trial court’s denial of defendants’ motion to dismiss medical negligence complaint based on plaintiff’s submission of pre-suit affidavit from allegedly unqualified medical expert

    On November 10, 2021, in University Board of Trustees, et al. v. Carmody, No. 1D21-634, the Florida First DCA denied a certiorari petition from the defendant medical providers in a medical negligence case. The defendants sought certiorari review of an adverse ruling...

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  • Florida Second DCA denies certiorari review of trial court’s denial of defendant’s motion to dismiss medical negligence complaint for failure to comply with the applicable statute of limitations
    Florida Second DCA denies certiorari review of trial court’s denial of defendant’s motion to dismiss medical negligence complaint for failure to comply with the applicable statute of limitations

    On November 12, 2021, in Kozma, et al, v. Advanced Surgery Center of Sarasota, LLC, et al., No. 2D20-3210, the Florida Second DCA issued a per curiam dismissal of the certiorari petition by a medical negligence defendant claiming the statute of limitations...

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  • Florida Third DCA rules that negligence complaint of plaintiff who was injured at defendant’s medical facility while moving from imaging table to wheelchair sounded in ordinary negligence and was not subject to medical negligence pre-suit requirements and statute of limitations

    On October 13, 2021, in Torres v. Kendall Healthcare Group. Ltd., No. 3D19-1528, the Florida Third DCA reversed a trial court ruling which had dismissed a plaintiff’s negligence case on the grounds that the plaintiff failed to comply with the medical negligence ...

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  • Florida Third DCA reverses trial court order which dismissed medical negligence complaint for failure comply with the presuit requirements; finds that trial court erred by not holding evidentiary hearing

    On October 20, 2021, in Powell v. Sampson, No. 3D20-1082, a per curiam decision, the Florida Third DCA reversed a trial court order which had dismissed the plaintiff’s medical negligence complaint for failure to comply with the medical negligence...

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  • Florida Fourth DCA reverses trial’s dismissal of medical negligence complaint against defendant doctor, finding that trial court’s ruling that pre-suit notice to codefendant hospital could not be imputed to doctor was erroneously based on evidence outside the four corners of the complaint

    On September 8, 2021, in Rhiner v. Koyama, No. 4D20-2196, the Florida Fourth DCA reversed the trial court’s dismissal of a defendant doctor from the plaintiff’s medical negligence complaint which was filed against both doctor and the hospital ...

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  • Florida Fifth DCA rules that complaint alleging negligent supervision of inpatient at defendant behavioral center sounds in general negligence rather than medical malpractice and is therefore not subject to presuit requirements of Florida Statutes Chapter 766

    On September 24, 2021, in Lifestream Behavioral Center, Inc. v. Allerton, No. 5D21-884, the Florida Fifth DCAdenied a certiorari petition filed by the defendant in a pending negligence lawsuit. The defendant was seeking to overturn a trial court...

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  • Eleventh Circuit Court of Appeals rules that district court properly exercised admiralty jurisdiction over medical negligence complaint involving care rendered on cruise ship because providing care and comfort to passengers is a traditional maritime activity

    On March 29, 2021, in Buland v. NCL (Bahamas) Ltd., No. 19-13012, the Eleventh Circuit Court of Appeals made several notable rulings and in an admiralty case involving a cruise ship passenger who allegedly was injured due to medical negligence...

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  • Florida Third DCA rules that trial court erred in not addressing defendant’s argument that medical negligence plaintiff failed to follow pre-suit requirements by not submitting expert medical affidavit

    On March 17, 2021, in Dial 4 Care, Inc., v. Brinson, et al., No. 3d20-1644, the Florida Third DCA granted a medical negligence defendant’s certiorari petition and quashed a trial court order dismissing the defendant’s motion to dismiss the complaint...

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  • Florida Fifth DCA reverses summary judgment for defendant hospital in medical negligence case, finding jury issue regarding whether an independent contractor on-call surgeon was an apparent agent of the hospital

    On February 5, 2021, in Luebbert v. Adventist Health System/Sunbelt, Inc., et al, No. 5D19-2824, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the defendant hospital in a medical negligence case...

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  • Eleventh Circuit rules that Emergency Medical Treatment and Active Labor Act is not a federal malpractice statute creating tort or malpractice remedies

    On January 22, 2021, in Smith v. Crisp Regional Hospital, Inc. et al, No. 19-12225, the Eleventh Circuit Court of Appeals affirmed a district court ruling that the Emergency Medical Treatment...

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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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