Florida medical malpractice News

Florida Supreme Court Rules Medical Malpractice Caps Aren’t Retroactive

A 2003 law capping medical malpractice lawsuit awards at $500,000 can’t be applied retroactively. That’s what the Supreme Court ruled in a Miami-Dade County case in which a woman suffered permanent damage to her leg from unnecessary surgery in early …

Florida Constitutional Amendment on Medical Malpractice Caps Urged

Following a Florida Supreme Court decision that struck down caps on certain awards in medical malpractice lawsuits, the members of a 2002 task force that supported those caps are calling for a constitutional amendment that would place the caps on …

Florida Supreme Court Rejects Rule on Medical Malpractice Expert Testimony

The Florida Supreme Court refused last Thursday to adopt a state rule reflected in a law that creates restrictions on doctors who can testify during medical malpractice trials, agreeing it would have a chilling effect on the ability to find …

Trial Attorneys Challenge Florida’s Medical Malpractice Law

Florida trial attorneys filed five lawsuits against health care providers challenging a state law that imposes new restrictions on medical malpractice claims. The attorneys allege that the law allows medical malpractice defendants to acquire personal health care information about a …

Florida Supreme Court Nixes Pre-Surgery Damages Clause without Concession

The Florida Supreme Court has ruled unenforceable a doctor’s financial and arbitration agreement with a patient prior to surgery because it lacked an admission of liability by the medical provider. To be enforceable under Florida’s medical malpractice statute, such an …

Florida Lawmakers Approve Medical Malpractice Reform

In a victory for medical malpractice insurers and physicians, Florida lawmakers have approved a series of tort reforms that among other things will require expert witnesses testifying against physicians in a malpractice suit to be engaged in the same specialty. …

Florida Medical Malpractice Bill Fate Uncertain

The Florida House this took up a bill that critics say would make it harder to pursue medical malpractice claims. But the bill also had fallen victim to a tactic by Democrats upset that the House Republican leadership won’t accept …

Florida Senate Passes Bill on Medical Malpractice Expert Witnesses

The Florida Senate is making it harder to pursue medical malpractice claims. The Senate last week voted 27-12 for the bill and sent it to the House. The legislation (SB 1792) requires that expert witnesses called against a defendant doctor …

Florida Senate Medical Malpractice Bill Advances

A bill that would make it even harder to pursue medical malpractice claims in Florida has cleared a Senate panel. The Senate Judiciary committee voted up the bill (SB 7030) by a vote of 6-3 on Monday. It would require …

Court Upholds Florida Medical Malpractice Notification Rules

The Florida Supreme Court has ruled that refiled medical malpractice lawsuits must follow new state laws. The high court in a unanimous opinion dismissed a lawsuit by Curtis Myers, who alleged medical malpractice after he suffered a stroke in 2006. …