News & Analysis as of

Florida Medical Malpractice

Searcy Denney Scarola Barnhart & Shipley

Understanding Statutes of Limitations for Personal Injury Cases in Florida

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

Searcy Denney Scarola Barnhart & Shipley

FAQs: What You Need to Know About Filing a Medical Malpractice Claim in Florida

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

Searcy Denney Scarola Barnhart & Shipley

The Most Common Types of Personal Injuries in Florida and How to Prevent Them

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

Marshall Dennehey

Florida Passes Tort Reform: What You Need to Know

Marshall Dennehey on

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

Rumberger | Kirk

Florida Supreme Court Resolves Conflict Among District Courts of Appeal over MedMal Notice Period

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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

Patrick Malone & Associates P.C. | DC Injury...

With malpractice claims constrained, injured Florida kids and families struggle

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

Rumberger | Kirk

Florida Governor Signs COVID Liability Limitation Bill into Law

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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

Rumberger | Kirk

Legislative Update: COVID-19 General Liability Legislation Passes First Key Vote

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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

Lowndes

Updated: Florida Legislature Advancing COVID-19 Liability Shield Bills

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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

Rumberger | Kirk

COVID-19 General Liability Legislation Extension to Healthcare Providers

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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

Akerman LLP - Health Law Rx

The Sun is Rising on COVID Liability Protection for Florida Healthcare Providers

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

Searcy Denney Scarola Barnhart & Shipley

How Can a Lawyer Assist Florida Families With Wrongful Death Claims?

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

Rumberger | Kirk

3rd DCA Confirms Sovereign Immunity Applies to Private Entities Providing Healthcare to State Institutions

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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

Shumaker, Loop & Kendrick, LLP

Client Alert: Florida Board of Medicine Signals Some Relief for Providers from New Pelvic Exam Requirements

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

Searcy Denney Scarola Barnhart & Shipley

Elder Care Facilities and Nursing Homes Putting Patients at Risk - Long Before Coronavirus

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

Rumberger | Kirk

Morris v. Muniz: A Sword Against Whom?

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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

Searcy Denney Scarola Barnhart & Shipley

Patients Stand To Lose if Amendment 7 Goes to Polls

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

Rumberger | Kirk

Florida Supreme Court Says Right to Privacy Survives Death and Prohibits Ex Parte Interviews in Medmal Actions

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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

Searcy Denney Scarola Barnhart & Shipley

South Florida Breast Exams — Mammogram Quality in Question

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

Searcy Denney Scarola Barnhart & Shipley

1 Incident Too Many — Crime in Nursing Homes

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

Robinson+Cole Data Privacy + Security Insider

Florida Supreme Court Rejects PSQIA Preemption of Florida Constitution

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

Carlton Fields

Amendment 7 Prevails Over Patient Safety Work Product Protections

Carlton Fields on

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

Akerman LLP - Health Law Rx

Can We Talk? Florida Court Rejects Latest Challenge to Med Mal Presuit Authorization Law

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

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