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Category Archives: Medical Malpractice

ER

Emergency Room Bills are Unaffordable

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

Many wonder why the cost of health care is so much higher in the U.S. than it is in other countries. There are a couple of major differences between medical care and other purchases. First, when you walk into a store, you know exactly how much everything should cost. Either it’s labeled or there’s… Read More »

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MedMal

Kentucky Supreme Court Rejects Medical Malpractice Approval Panel

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

There has an effort in our country to limit the number of medical malpractice lawsuits against doctors. This is not only true in Florida, which had damage caps in place for years, but it is also true of other states. In Florida, this is, in part, achieved by requiring the plaintiff provide an expert… Read More »

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BirthInj3

Midwife Malpractice Lawsuits

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

Most people understand what happens when a doctor or nursing staff cause an avoidable injury to one of their patients. But what happens when a midwife is involved? It’s true that birth injuries are among the most common kinds of medical malpractice lawsuits, but with more women opting to have their children with the… Read More »

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MedMal2

Can Surrendering Your License to Practice Medicine Save Your Medical Career?

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

Sounds like a contradiction, doesn’t it? Nonetheless, it is not an uncommon occurrence for doctors who want to continue to practice medicine. By the time they are brought before the medical board, there are some doctors who have been instructed by their attorneys to offer, as an option, the surrendering of their medical license… Read More »

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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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