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Category Archives: Medical Malpractice

MedMal9

Do You Waive Your Right to Privacy When Filing a Medical Malpractice Suit?

By Masterson, Hoag & Smith, P.A. |

In 2013, a Republican-controlled Florida legislature passed a law that allowed ex parte communications between those defending doctors in medical malpractice lawsuits and their current health care providers. Those opposed to the law claimed that it unnecessarily breached patient privacy. Essentially, the law imposed the necessity on any plaintiff who brought a medical malpractice… Read More »

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MedMalp

State of Florida Seldom Punishes Doctors for Malpractice

By Masterson, Hoag & Smith, P.A. |

While doctors have medical malpractice lawsuits filed against them when medical negligence causes an injury to their patient, there are also state and institutional sanctions that can be levied against doctors who make egregious or continual mistakes. A report released by the South Florida Sun Sentinel reviewed over 24,000 cases of medical malpractice with… Read More »

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DoctorMalp

A Primer on Expert Testimony in Medical Malpractice Cases

By Masterson, Hoag & Smith, P.A. |

In order to bring a medical malpractice lawsuit in the State of Florida, the plaintiff must produce an expert witness to testify on their behalf. This witness will be produced by the plaintiffs to testify that medical negligence resulted in the plaintiff’s injuries or, in the case where a patient dies, say that the… Read More »

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MedMal4

Court Upholds Medical Malpractice Immunity Law

By Masterson, Hoag & Smith, P.A. |

In Florida, the legal doctrine of sovereign immunity limits the amount of damages recoverable in a medical malpractice claim against certain government and quasi-governmental entities. The 3rd District Court of Appeals recently ruled in favor the University of Miami rejecting constitutional arguments against a 2011 law that limits aggrieved parties in the amount of… Read More »

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Hospital2

Is Every Act of Negligence in a Hospital Considered Medical Malpractice?

By Masterson, Hoag & Smith, P.A. |

Appellate Court Rules Psychiatric Hospital Attack Not Malpractice  In a lawsuit filed against Jackson Memorial Hospital, the hospital attempted to claim that a man badly beaten in the hospital’s psychiatric ward was required to comply with the medical malpractice laws with the injury claim being pursued. Florida requires that plaintiffs in medical malpractice lawsuits… Read More »

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Doctor_Steth

Defamation Lawsuit Alleges Retaliation by Hospital Against Staff Doctor

By Masterson, Hoag & Smith, P.A. |

Dr. Hadi Hakki, who was the chief of surgery at Northside Hospital, filed a lawsuit in 2012 against Galencare, Inc., which operates the hospital, and alleged that the hospital misrepresented statistics related to their surgical success.  Dr. Hakki alleged that in 2007 Northside Hospital made a number of false reports to the Society of… Read More »

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MedError

Florida Hospital Accused of Covering Up Medical Error to Avoid Lawsuit

By Masterson, Hoag & Smith, P.A. |

The family of a 25-year-old man has accused a Florida hospital of committing medical negligence and then attempting to cover it up after the fact. The man died as a result of an improperly removed central venous catheter line. Palms West Hospital is accused of attempting to cover up the mistake by claiming that… Read More »

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MedLaws

Reports Indicate that Paramedics Let Woman Die Assuming She Could not Afford an Ambulance

By Masterson, Hoag & Smith, P.A. |

In a very troubling display of discrimination and medical neglect, four fire rescue paramedics allegedly allowed a 30-year-old mother to die of a stroke rather than assisting her. The woman had recently given birth and was nursing a 5-day-old baby when paramedics arrived on the scene. She had shown stroke-like symptoms after her baby… Read More »

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Pregnant

USA Today investigation reveals U.S. hospitals not protecting mothers

By Masterson, Hoag & Smith, P.A. |

A recent USA Today investigation revealed that since 1990, maternal deaths in the U.S. have risen sharply to the point that the U.S. now has the highest level of maternal deaths per 100,000 births in the developed world.  The investigation further found that the deaths often result from medical staff failing to follow long-known… Read More »

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MedMalp

Judge Denies Motion to Cap Damages in Medical Malpractice Suit

By Masterson, Hoag & Smith, P.A. |

Last year, the Florida Supreme Court declared that some damage caps in medical malpractice lawsuits were unconstitutional. Their rationale was two-fold. First, there was little evidence that the damage caps did what proponents claimed they would do: reduce healthcare costs. Nor did they find any evidence that there was a “malpractice insurance crisis” that… Read More »

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