Medical Malpractice

News & Analysis as of

Florida Supreme Court Strikes Down Wrongful Death Non-Economic Damages Cap for Med Mal Cases

On March 13, 2014, the Florida Supreme Court, in a 5-2 ruling, issued its long-awaited opinion following review of the Eleventh Circuit Court of Appeal’s decision in Estate of McCall v. United States, 642 F.3d 944 (11th Cir....more

Medical Malpractice: Common Terms and Definitions

Medical malpractice lawsuits can seem overwhelming. In addition to managing the emotional and physical injuries, victims and their families often have to contend with a dizzying mix of medical and legal jargon. With this in...more

Florida Supreme Court’s Decision in McCall v. U.S:

- Determined that the statutory caps on wrongful death non-economic damages (i.e., mental pain and suffering) provided in Section 766.118, Florida Statutes were unconstitutional because they violated the right to equal...more

Federation of State Medical Boards to Vote on Telemedicine Policy

The March 20th edition of Modern Healthcare reports on a “patient centered telemedicine policy” to be voted on by the Federation of State Medical Boards (FSMB). I’ve attached links to both the article and to the FSMB model...more

Florida Supreme Court Holds Statutory Cap on Non-Economic Wrongful Death Damages in Medical Malpractice Actions Violates the...

In Estate of Michelle Evette McCall, et. al. v. United States of America, SC11-1148 (Fla. 2014), the Florida Supreme Court decided the following certified question: Does The Statutory Cap On Wrongful Death Noneconomic...more

Illinois Supreme Court Defines "Good Samaritan" in Medical Malpractice Case

Nearly every state has some variation on a "Good Samaritan" law. In Illinois, the statute says that any licensed medical professional "who, in good faith, provides emergency care without fee to a person, shall not, as a...more

Health Care Case Law Update

Health Care Authority for Baptist Health v. Davis, --- So. 3d. ----, 2013 WL 2149493 (Ala. Feb. 28, 2014). - The Supreme Court of Alabama reversed itself on re-hearing of its May 2013 opinion to affirm a judgment for a...more

Finding Expert Witnesses in Florida Medical Malpractice Cases Presents Significant Challenges

Individuals who sustain injury because of medical negligence naturally face challenges because of the technical nature of their cases. First, local medical practitioners are reluctant to testify against others in their field....more

Finding the Right Expert Witness Can Be Challenging in Arizona Medical Malpractice Cases

The price of medical malpractice insurance contributes to the rising cost of medical care. Before medical malpractice cases go to trial in Arizona, the law attempts to prequalify witnesses by permitting testimony only from...more

Medical Malpractice at the Dentist’s Office? It Happens!

Many medical malpractice claims are filed because of an incorrect diagnosis or an improper medical procedure performed by a physician. However, malpractice is not exclusive to medical doctors in California. Things can go...more

Appeals Court Affirms Jury Verdict against Orthopedic Surgeons Society

An orthopedic surgeon who fought back and won a court case after the society of orthopedic surgeons slammed him for testifying that another surgeon had committed malpractice has now won an appeal of the legal case....more

Redressing Medical Malpractice Injuries

When you head to a hospital, doctor’s office, or operating room, you expect to get flawless assistance from an expert in the field of healthcare. As medical patients, we are often quick to place complete trust in the hands of...more

Court Invalidates Exception to Tolling Provision for Medical Malpractice Cases Brought by Minors

In Schroeder v. Weighall, 2014 WL 172665 (Wa., Jan. 16, 2014), the Washington Supreme Court invalidated another portion of Washington’s medical malpractice reform legislation. Specifically, the court invalidated RCW...more

Medical Malpractice Liability: Kazakhstan Law and Practice

Liability for medical malpractice in Kazakhstan remains poorly regulated. The Kazakhstan healthcare system has recently undergone a crucial transformation, with pending reforms designed to improve the quality of...more

Florida Appellate Court Construes Term "Legal Relationship" in Med-Mal Presuit Screening Rule

On January 3, 2014, Florida’s Second District Court of Appeal held, in a case of first impression, that a medical malpractice plaintiff’s direct notice to a medical provider of its intent to sue would also operate as notice...more

What Are the Types of Medical Malpractice?

You hope your health care provider won’t make a mistake when you are under his or her care. You trust your doctor or nurse to know what is best for you. Phoenix medical malpractice lawyers understand that medical...more

Illinois Supreme Court to Hear Arguments in Five Civil Cases This Week

The civil portion of the Illinois Supreme Court’s argument docket for the January term begins tomorrow morning at 9:30 a.m. in the Court’s temporary courtroom on the 18th floor of the Michael A. Bilandic Building, 160 N....more

Benevolent Gesture Law Doesn’t Bar Malpractice Suits

Sometimes an apology is all it takes to mend fences ? at least the state of Pennsylvania hopes this is the case for healthcare providers who own up to their negligent actions. Recently, Governor Tom Corbett signed Senate Bill...more

Stryker Hip Replacements Linked to Metal Poisoning

Studies show that patients with metal-on-metal hip replacements including the Stryker Rejuvenate and Stryker ABG II models face an increased risk of developing metallosis, or metal poisoning from their implant. ...more

California’s Medical Malpractice Cap on the Ballot in 2014

In the Medical Injury Compensation Reform Act of 1975 (MICRA), the California legislature placed a $250,000 cap on medical malpractice awards. When it was passed, the purpose of MICRA was to help keep medical malpractice...more

NPDB Guidebook revision would clarify investigation reporting issues

Physicians always have been justifiably concerned about reports to the National Practitioner Data Bank (NPDB) regarding malpractice payments and adverse peer review actions. Two areas of frequent uncertainty have...more

Appellate Court Notes - Week of December 20

SC18845 - Milliun v. New Milford Hospital - A medical malpractice case with some general principals of law: Patient went into respiratory failure in a CT hospital which allegedly resulted in a brain injury. Patient was...more

What the Collateral Source Rule Means for You

Two bills have recently passed the Arizona state legislature modifying the application of the collateral source rule — a law that prevents a jury from considering outside payments or benefits when calculating its own award of...more

Reverse Tort Reform?

In a notable departure from other tort-reform movements in the country, one state may soon permit medical malpractice lawsuit plaintiffs to recover significantly more noneconomic damages in negligence cases and other...more

Florida High Court to Examine Retroactive Application of Noneconomic Damages Cap in Med Mal Cases

On October 15, 2013, the Florida Supreme Court accepted review of a case to decide whether the retroactive application of the cap on noneconomic damages for certain medical malpractice cases found in section 766.118, Florida...more

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