The Florida Supreme Court late last month ruled in favor of a plaintiff fighting the enforcement of an arbitration agreement following a dispute regarding the care of her infant son, who was stillborn. In the case of Hernandez v. Crespo, the state high court ruled the arbitration agreement between the child’s…
There is a lot of anxiety that comes along with being a new parent. One of those sources of anxiety shouldn’t be the doctors and nurses trusted to take care of your baby. Unfortunately, severe birth injuries and infant deaths caused by medical malpractice are more common than some people…
Florida’s 2nd District Court of Appeal has joined the 4th DCA in its finding that damage caps in medical malpractice injury lawsuits are unconstitutional. These damage caps, enacted by a 2003 overhaul of state law by then-Gov. Jeb Bush, limit the amount of money injury plaintiffs can receive for pain…
A jury in Illinois has awarded a near-record $53 million to a young boy born with a serious brain injury after his mother says he suffered 12 hours of fetal distress during her full-term delivery. The damage award was announced following a month-long trial in which the boy’s mother and…
The Florida Supreme Court is slated to hear oral arguments today over the state’s claim bill process, and whether lawmakers have the right to undercut personal injury lawyer contingency fee agreements in awarding damages to plaintiffs injured by government entities. In Searcy, Denny, Scarola, Barnhart & Shipley v. State of Florida, attorneys…
Medical mistakes by hospitals, surgeons, doctors, nurses and other health care professionals cause 250,000 deaths a year. That’s according to recent research by physicians at Johns Hopkins Medicine, who are urging the Centers for Disease Control and Prevention to revise their “Top 10” causes of death to include this problem. …
A statute of limitations is a statutory deadline on the amount of time a person has to file a lawsuit. These time limits are present in many criminal proceedings, but in civil actions as well. A personal injury victim who tries to file a lawsuit after the statute of limitations has…
Recently, a hospital in the Central California city of Fresno was fined $86,000 for a medical error that almost killed a patient. According to the Los Angeles Times, medical staffers inadvertently left a towel inside his body after surgery. It stayed there for three months until the error was discovered.…
A couple from Nebraska is suing a doctor in Colorado, seeking more than $75,000 in damages, after it is alleged he botched an abortion procedure and left his patient sterile. The federal claim, Debuhr et al v. Hern et al, was was filed in Colorado District Court in Denver. Plaintiff…
When a patient undergoes surgery – either under emergency circumstances or in the course of a long-anticipated treatment plan – there is an expectation that the doctors, nurses and anesthesiologists involved are going to use the utmost care and caution. We all know there are many potential risks associated with…