Urinary catheters are used in many medical settings to help patients with bladder dysfunction (or temporary inability, sometimes due to surgery or other conditions) to continuously drain urine. They can be inserted in men and women, and research has established they are used by between 15 percent and 25 percent…
Caps on non-economic damages in medical malpractice lawsuits – set at $250,000 per incident under Gov. Jeb Bush – are unconstitutional. The Florida Supreme Court decided this soundly – first in the 2015 case of Estate of McCall v. U.S. (medical malpractice wrongful death cases) and again in 2017 with…
A new analysis by Harvard Medical School researchers indicates that while the number of successful medical malpractice claims in the U.S. has fallen – dramatically so – the average payout in successful claims has risen. Between 1992 and 2014, the number of medical malpractice claims nationally that resulted in a…
In most medical malpractice lawsuits, plaintiffs have to prove “but-for” causation. What this means is but for the negligence of the medical professional, plaintiff would not have suffered an adverse outcome. However, this burden of proof would leave those who already had terminal conditions or residual chances of survival or…
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…
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…