If The Rehabilitation Center of Hollywood Hills in Hollywood, Florida wasn’t familiar with handling lawsuits before, it will be now. Hurricane Irma slammed into southern Florida on September 10 and pummeled cities like Miami and Ft. Lauderdale. While many homeowners and businesses evacuated or took extensive efforts to protect themselves from storm damage, The Rehabilitation Center of Hollywood Hills failed to take the actions necessary to protect its patients. As a result, 12 residents from the home have died and families are filing lawsuits without hesitation. (more…)
Consumers rely upon product manufacturers to sell safe and reliable products, but unfortunately that isn’t always the case. Many companies have been sued or forced out of business for making and selling products that threaten user health and wellness. Johnson & Johnson is one such company that is currently suffering from the consequences of selling a product with questionable safety.
Talcum powder, often known as baby powder, is made from talc, a mineral composed of magnesium, oxygen, and silicon. It’s perfect for keeping skin dry and preventing rashes. Women commonly use talcum powder to dust their genital region, and it’s common to sprinkle it on babies during diaper changes. However, it is now believed that talc-based powders used over long periods of time by women in the genital region are associated with ovarian cancer. (more…)
Back in 2003, then-governor Jeb Bush and the Florida Legislature implemented a controversial change that limited the pain and suffering damages that plaintiffs were able to collect in medical malpractice cases. They spent months debating whether the caps should be implemented due to a report of a crisis of high insurance premiums. Though plaintiffs’ attorneys strongly opposed the implementation of caps due to the injustices it would cause injured patients, Bush decided to sign the law nonetheless. As he approved it, the law capped damages at different amounts based on certain factors. (more…)
As suicide rates around the country continue to rise at an alarming rate, more attention is being placed on what can be done to prevent such tragic deaths. In the legal realm, a Florida court was recently faced with the task of determining the responsibilities – and liabilities – of physicians in certain instances of suicide.
Suing For Medical Malpractice After a Patient’s Suicide (more…)
Marlande Lazard is the last person you would expect to be blindsided by breast cancer. She spent 25 years working as an emergency nurse and traveling on medical missions to teach women in Haiti how to check for signs of breast cancer by padding their fingers around the breast and armpits in small circular motions to uncover any bumps. (more…)
Florida’s Medical Malpractice Law Called Into Question
This 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. (more…)
Recent Controversy Over Malpractice Compensation Limits
The 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. (more…)
How the Discovery Rule Can Make or Break a Medical Malpractice Case
It 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. (more…)
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. (more…)
Should You Be Filing Dental Malpractice?
We have all heard of medical malpractice, but dental malpractice is also now occurring as a more common trend. If you have ever felt that your dentist neglected your care or failed to properly provide the treatment you needed, dental malpractice could very well apply to you. (more…)