Florida medical malpractice News

The Doctors Co. Challenging Florida’s Order to Decrease Med Mal Rates

An order by the Florida Office of Insurance Regulation for medical malpractice insurer The Doctors Co. (TDC) to decrease its rates by 15 percent is being contested by the California-based company. A hearing has been set for Oct. 7, 2015, …

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 …