» Medical Malpractice

The Florida Supreme Court Hears Argument on Evidentiary Standards for Expert Testimony

   On March 6, 2018, the Florida Supreme Court heard oral arguments in a much anticipated case on the evidentiary standard for expert testimony in Florida. The case is Richard Delisle v. Crane Company, SC16-2182, and it marked the first time the Co… Read More
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The Florida Supreme Court Finds External Peer Review Reports Are Discoverable Under Amendment 7

The Florida Supreme Court Finds External Peer Review Reports Are Discoverable Under Amendment 7 By: Kimberly Kanoff Berman, Esq.    In a 5-2 decision, the Florida Supreme Court has quashed the Second District Court of Appeal’s decision on th… Read More
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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

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

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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