Florida’s Medical Malpractice Law Called Into Question

Florida’s Medical Malpractice Law Called Into Question

26007246 - criminal handcuffed medical person with lancet scalpel in handThis December, a medical malpractice law came under scrutiny by the Florida Supreme Court. The law has been volleying back and forth between doctors and the attorneys for medical malpractice plaintiffs since 2013. It allows something called “ex parte communications” to help a doctor’s defense attorney gather information regarding medical malpractice cases. “Ex parte” means that the defense attorney is able to talk directly with other doctors who have treated the patient or patients involved in the dispute. Since the patient’s attorney would not be present for such conversations, and the doctors may have treated the patients for non related issues, critics of the law argue that it is unconstitutional. Continue reading

3 Reasons Tractor Trailer Accidents Require Specialized Legal Help

3 Reasons Tractor Trailer Accidents Require Specialized Legal Help

tractor-trailer-accidentIt’s impossible to drive on a highway without passing at least a few dozen big trucks in the process. For better or worse, tractor trailers are the bedrock of our economy because they transport the majority of items that we are eager to buy at the store, like food, clothes, and household goods. But despite this important role in supply and demand, tractor trailers pose a major danger to other cars on the road and are all too frequently involved in tragic accidents. Due to the rules and regulations that govern truckers and their vehicles, tractor trailer accidents cannot be handled like normal car crashes and often require a lawyer to properly seek the deserved compensation. Continue reading

Recent Controversy Over Malpractice Compensation Limits

Recent Controversy Over Malpractice Compensation Limits

settlementThe Florida Supreme Court has spent 2016 making major decisions that impact lawsuits related to workers’ compensation and personal injury. It is currently considering a case related to non-economic damages in medical malpractice lawsuits. In the meantime, the 2nd District Court of Appeal in a Charlotte County case ruled that limits on “noneconomic” damages in medical malpractice cases are unconstitutional.

The Significance of Non-Economic Damages

Non-economic damages have the potential to play a main role in many lawsuits since they include things like pain and suffering, loss of consortium, and mental anguish. They have long been controversial, and in 2003 Governor Jeb Bush approved caps on noneconomic damages due to skyrocketing malpractice insurance costs for doctors at the time. Continue reading

Florida Workers’ Comp System Will Not Be Changing Anytime Soon

Florida Workers’ Comp System Will Not Be Changing Anytime Soon

workers-compBack in May 2016, the Florida Supreme Court caused a major controversy when it declared that attorneys would no longer face a limit on the fees they can collect during workers’ compensation cases. This decision was a major victory for workers but a devastating loss for businesses, and despite the decision, the battle is far from over. The case of Daniel Stahl v. Hialeah Hospital was decided on October 31 when the United States Supreme Court declared it would not review a Florida case challenging the state’s workers’ compensation system. Continue reading

How the Discovery Rule Can Make or Break a Medical Malpractice Case

How the Discovery Rule Can Make or Break a Medical Malpractice Case

legal-docs-1It may not be something a common American citizen considers in her day to day life, but anybody who has sued for medical malpractice becomes intimately familiar with the laws governmenting the “discovery rule.” The timing and manner in which a medical malpractice situation is discovered holds immense power of the future legal proceedings.

The Discovery Rule Overpowers the Statute of Limitations

In any other lawsuit, the statute of limitations firmly dictates the time limit within which a victim file a lawsuit in response to a crime. If the victim does not file within the statute of limitations timeframe, he loses his right to a legal remedy for any wrongdoing that occurred. In Florida, for example, personal injury and property damage both have a statute of limitations of four years. But medical malpractice is different thanks to the discovery rule. Continue reading

When Is It Best to Claim Social Security Early?

When Is It Best to Claim Social Security Early?

43980176 - background concept wordcloud illustration of social securityThe rules and regulations that govern social security are complex by nature, so you need to be strategic about understanding the relationship between your social security benefits and the rules imposed by the government. The bottom line? Social security is all about your timing. This guide will help you understand whether you will benefit most from claiming social security early or not. Continue reading

South Florida Doctor Charged with Medical Malpractice

South Florida Doctor Charged with Medical Malpractice

When patients undergo any type of surgery, whether elective or life-saving, they trust their surgeons and doctors to uphold strict surgical safety procedures and scientifically proven techniques. Unfortunately, this does not always happen, and many men and women across the country have suffered severe and long term injuries and disabilities after their surgeons committed medical malpractice. A cosmetic surgeon in South Florida is one of the most recent to come under fire for alleged medical malpractice after he botched four different cosmetic surgeries. Continue reading

Drones May Have a Future in Managing Florida Auto Accidents

Drones May Have a Future in Managing Florida Auto Accidents

Driving comes with inherent risks, and widespread exhaustion and distracted driving has recently made those risks more pronounced. This is especially true in Florida, where four of the top 50 deadliest roads in the country are located. Interstate 10, US 98, US 90, and US 29 have some of the highest fatal accidents per 100 miles. The Florida Department of Transportation is working to reduce these fatalities. FDOT Jim Boxold explained, “Our collective vision of a fatality-free transportation system will continue to require a united emphasis on traffic safety, using all of the tools we each have in our toolboxes.” Continue reading

The Role of Surveillance in Personal Injury Cases

The Role of Surveillance in Personal Injury Cases

27108085 - cctv camera or surveillance operating in department store buildingAn incredible number of personal injury cases go to trial each year, and now the onset of advanced video technology and social media has added another layer of complexity to those proceedings. Personal injury is a unique category of law because the plaintiff claims that he has suffered extensive physical or mental injury due to the defendant’s negligence. This has led to a surprising yet common trend: the defendant and his insurance company will frequently follow and videotape the plaintiff. Victims of negligence are always shocked to find that it is legal for the defendant to do this, so it’s important to understand what it all means. Continue reading

Dollar General Slammed with $2 Million Verdict

Dollar General Slammed with $2 Million Verdict

Image Credit: Wikipedia

Image Credit: Wikimedia

 

Like Wells Fargo, the large retailer Dollar General has recently fallen on hard times. An Alabama jury recently found that Dollar General lacks inadequate inspection policies, and that those policies directly contributed to a customer’s injury. The $1,725,000 verdict has provided well-deserved vindication to the injured customer, a 60-year-old woman named Deborah Revette. Continue reading