Terminating Your Physician Employment Contract: Knowing your Exit Strategy
Malpractice Insurance: What Physicians And Dentists Should Know About Their Coverage
Malpractice Insurance: What Providers Need to Know
Polsinelli Podcast - Avoiding Professional Liability
Medical Malpractice Litigation
Personal injury cases in Florida span the range of injuries from car and truck accidents, medical malpractice, dog bites, trips and falls, and many others. Florida’s personal injury law sets out your legal rights if you have...more
The risk of suffering unnecessary complications due to medical malpractice is a concern for patients and families across Florida. While all healthcare providers have a duty to ensure that they provide a professional standard...more
Being injured by another’s negligence carries the risk of serious harm. A personal injury victim can be forced to miss time from work, to undergo extensive medical treatment, and to suffer emotional distress. Anyone who has...more
On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. HB 837 contains sweeping tort reform that will uproot the landscape of Florida civil litigation. The changes apply to causes...more
What’s the difference between too late and just in time? The Supreme Court of Florida just decided that a medical malpractice plaintiff who mails the required presuit notice before the expiration of the statute of...more
When doctors, hospitals, and insurers bellyache about malpractice claims with little evidence on their prevalence or outcomes, patients and politicians should push back: And they can cite the nightmares people in grievous...more
On March 29, 2021, Florida Governor Ron DeSantis signed SB 72 into law, providing civil liability for business entities for COVID-19 related claims for damages, injury, or death in certain circumstances, and only after the...more
Florida House Bill 7 (HB 7), Civil Liability for Damages Relating to COVID-19, passed an important hurdle on Friday, March 5, 2021. House Bill 7 (HB 7) and corresponding Senate Bill 72 (SB 72) limit exposure and liability...more
Updated March 9, 2021 - On March 5, 2021, Florida’s House passed HB 7 which if ratified by the Senate and signed by the Governor will make proving a personal injury case arising from COVID liability in Florida all but...more
Shortly after the introduction of the COVID-19 general liability bill, (HB 7 and SB 72) in an effort to protect businesses from frivolous lawsuits, Senate Judiciary Chairman Jeff Brandes of St. Petersburg introduced Senate...more
Good news is here for healthcare providers worried about being left out of COVID-19-related liability protections during the 2021 Florida Legislative Session! The Republican-led Legislature, supported by Governor Ron...more
No amount of money can erase, or even substantially ease, the pain of losing a loved one, especially to an accident that could have been prevented. Still, unpaid bills, along with an uncertain financial future, can increase...more
In Lazzari v. Guzman, M.D., No. 3D19-597, 2020 WL 6302405(Fla. 3d DCA Oct. 28, 2020), the Third DCA upheld a trial court’s ruling that the University of Miami Miller School of Medicine (“UM”) was entitled to sovereign...more
As we previously reported, on August 7, 2020, the Florida Board of Medicine (the “Board”) considered a petition for declaratory statement filed in response to Florida’s new pelvic exam laws. The petition sought clarification...more
Long before Covid-19 ravaged nursing homes, the long-term care industry had an infection control problem. On March 4, 2020 in response to the coronavirus, the Centers for Medicare & Medicaid Services (CMS) announced that it...more
Until recently, there had been confusion regarding the application of Florida’s Medical Malpractice Act (the “Act”) as it pertains to (1) the proper appellate standard of review of a presuit expert’s qualifications, and (2)...more
Protecting Hospitals — Sacrificing Patients - Patient Access to Adverse-Incident Reports Threatened - Florida’s Constitution Revision Commission has on its 2018 agenda a proposal to amend a provision that gives parties...more
In the case of Weaver v. Myers, a sharply divided Florida Supreme Court recently struck down part of the 2013 amendments to Fla. Stats. §§766.106 and 766.1065, which govern the informal discovery process of the medical...more
Mammogram Studies and Their Quality - Medical professionals have debated the frequency and relative age for performing mammogram studies on women; some claiming that once yearly is too often and under 50 years old is too...more
Don’t Ignore Elder Abuse - Nursing-home nightmares continue to plague the country, from California to Texas to Minnesota to Pennsylvania. But perhaps no other state is as impacted by the abuse, neglect and robbery of the...more
On January 31, 2017, the Florida Supreme Court held that adverse medical incident reports produced in accordance with Florida law cannot constitute confidential and privileged patient safety work product (PSWP) under the...more
On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist...more
In the latest challenge to a Florida law designed to promote early settlement of meritorious medical malpractice claims, the Florida First District Court of Appeal recently rejected a plaintiff’s arguments that 2013...more