Earlier this year, a state appellate court issued a written opinion in a Florida medical malpractice case requiring the court to determine whether the plaintiff’s three expert affidavits were sufficient to comply with the requirements of Florida Statutes 766.102 outlining the expert affidavit requirement. Florida’s Expert Affidavit Requirement Under Florida…
Recently, a state appellate court issued a written opinion in a case discussing one of the most complex and contested elements in Florida medical malpractice cases. The case required the court to explain the causation requirement as it applies to Florida medical malpractice claims. Ultimately, the court remanded the case…
Before a court hears any Florida medical malpractice case, specific procedural requirements must be met. If a court determines that a plaintiff failed to follow each of the necessary steps, the court will very likely dismiss a plaintiff’s claim. While some plaintiffs may be able to re-file their complaint after…
Earlier this month, the state’s supreme court issued a very important opinion in a Florida medical malpractice case discussing under what circumstances a plaintiff’s case must be dismissed when she fails to comply with the expert opinion requirement contained in Florida Statutes section 766.102. Importantly, the court held that a…
Earlier this month, a state appellate court issued a written opinion in a Florida medical malpractice lawsuit discussing the potential consequences that may arise when a plaintiff fails to properly follow all of the procedural requirements. Ultimately, the court affirmed the dismissal of the plaintiff’s lawsuit against the defendant because…
Recently, a federal appellate court issued an opinion stemming from a lawsuit filed by the husband of a Navy lieutenant who died following complications from childbirth. The husband filed a lawsuit alleging that his wife’s death was caused by the negligence of the medical staff at a naval hospital. Ultimately,…
Earlier this year, a state appellate court issued a written opinion that raised an interesting issue that comes up in Florida personal injury cases from time to time. The case presented the court with the opportunity to discuss under which circumstances a jury’s zero-dollar damages award is insufficient as a…
Recently, an appellate court issued a written opinion in a case overturning a verdict that initially favored a surgical patient’s medical malpractice case. The reversal of this verdict highlights a primary element that is necessary for Florida medical malpractice plaintiffs. Here, the Supreme Court held that without sufficient evidence to…
Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing when summary judgment is appropriate in a car accident case involving the payment of future medical expenses. The case illustrates an important concept that is applicable in all Florida car accident cases when…
When a someone is injured due to the negligence of a medical professional, they may be entitled to recover compensation for their injuries through a Florida medical malpractice lawsuit. All Florida personal injury lawsuits, especially medical malpractice lawsuits, are subject to strict procedural requirements that must be followed. One of…