Developments in the Law

Developments in the Law

Taking the Cap Off: The Florida Supreme Court Strikes Medical Malpractice Cap in Personal Injury Suits

In a much anticipated 4-3 decision, the Florida Supreme Court has affirmed the Fourth District Court of Appeal’s decision in North Broward Hospital District v. Kalitan, 174 So. 3d 403 (Fla. 4th DCA 2014), holding that Florida’s cap on nonecon… Read More
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Categories: Medical Malpractice

Worley Limits Evidence of Potential Bias By Treating Physicians

In a disappointing decision for the defense bar, the Florida Supreme Court has quashed the decision of the Fifth District Court of Appeal in Worley v. Central Florida Young Men’s Christian Ass’n, Inc., 163 So. 3d 1240 (Fla. 5th DCA 2015);… Read More
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Categories: Civil Litigation

Skin in the Game: Clarifying Good Faith in the Negotiation of Consent Judgments May Help Carriers

It is a generally accepted principle of insurance coverage that when an insurer fails to defend its insured, the “abandoned” alleged tortfeasor may enter into a reasonable settlement agreement and then accept a covenant from the plaintiff not to… Read More
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Ambiguity in Proposals for Settlement May Result In Invalidation

     Proposals for Settlement (“PFS”) made pursuant to Florida Statute § 768.79 and Florida Rule of Civil Procedure 1.442, which provide for statutory fee-shifting of attorneys fees when a settlement offer is unreasonably rejected if certain… Read More
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Categories: Civil Litigation

The Power of Surveillance

Recently, Partner, Carmen Y. Cartaya and Associate, Michelle Hardin secured a voluntary dismissal (with prejudice) of a personal injury case set for trial, a result achieved by the effective use of video surveillance.  In the litigation, the plainti… Read More
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Categories: Medical Malpractice

Florida Supreme Court Refuses to Adopt Daubert as Rule of Procedure

          The Florida Supreme Court has rejected the Daubert Amendment to the extent that it is procedural. The Court cited “grave” constitutional concerns, such as undermining the right to a jury trial and denying access to courts, in d… Read More
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Categories: Medical Malpractice

Is That Claim Covered? An Overview of CGL Policies

Determining if a lawsuit or demand triggers coverage under a standard comprehensive liability policy is, unfortunately, not always a simple or straight-forward question.  Rather, it requires some understanding of how the standard CGL policy is desig… Read More
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Plaintiff's Wrongful Death Medical Malpractice Verdict Reversed and Remanded for New Trial Due to the Admission of Prejudicial Undisclosed Expert Testimony

          In Doctors Company v. Plummer, a patient visited a health clinic, complaining of an earache. The patient was given antibiotics and told to follow up in two weeks. Two weeks later, the patient then treated with the defendant doctor,… Read More
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Categories: Medical Malpractice

Medical Malpractice or Simple Negligence?

On December 21, 2016, the Fourth District Court of Appeals determined whether the facts pled in Ferraro and Ferraro v. Horizon Medical Services and Reyes constituted a medical negligence action for purposes of triggering the pre-suit requirements und… Read More
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Fifth District Court of Appeal Holds Amended Rule 1.190 Requires a Hearing Before the Amendment of a Complaint to Assert Punitive Damages

Currently, in order to assert a claim for punitive damages in Florida,  the plaintiff must move for leave to amend their complaint to add punitive damages.  Florida law holds that parties have a substantive right not be subjected to a punitive dama… Read More
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Categories: Insurance Coverage