In 2003, then Governor Jeb Bush signed into law Fla. Stat.§ 766.118, which capped the amount of recovery a plaintiff could receive from defendants for medical malpractice. The medical community claimed that doctors were fleeing Florida because of the sky-high cost of medical malpractice insurance and these caps would help…
Diagnostic errors are defined as any mistake or failure in the diagnostic process leading to missed, wrong, or delayed diagnoses. Diagnostic errors make up the largest number of malpractice claims in the U.S. today. Researchers at Johns Hopkins Medical Center, Baltimore, reviewed all U.S. paid malpractice claims from the past…
Earlier this month, the Supreme Court of Mississippi allowed a victim of alleged medical malpractice to put up an expert witness to testify as to whether the victim may have avoided having a stroke had the defendant hospital provided him with the proper medical care. In the case of Memorial Hospital at Gulfport…
Florida’s 4th District Court of Appeals handed down a decision earlier this month that will effectively remove the caps on non-economic damages, such as pain and suffering, in Florida medical malpractice and personal injury lawsuits. The Court decided that arbitrarily limiting the amount that an injured plaintiff can recover for…
Earlier this month, the Supreme Court of West Virginia decided an interesting case that may influence the way Florida courts interpret a pressing legal issue in the State. In the case of Tug Valley Pharmacy, LLC v. All Plaintiffs Below, a group of 29 plaintiffs banded together to sue three…
Earlier this year in a closely divided decision, the Mississippi Supreme Court decided the case of Holaday v. Moore, in which the court affirmed the denial of a doctor’s motion to dismiss the charges against him for being brought after the statute of limitations had expired. The plaintiff added the defendant…
Earlier this month, a Fox News affiliate posted an article discussing pharmacy errors in general but also covering the fact that the nationwide drugstore chain, Walgreen’s, has currently had several claims made against it alleging the negligence of pharmacy personnel. According to the report, there have been two recent accusations that…
A prominent medical malpractice case against a doctor at the University of Texas Health Science Center of Houston began earlier this month. According to a report by the Times-News, a patient was 35 in 2009 when she went to the emergency room for abdominal pain and was diagnosed with appendicitis. During…
The Supreme Court of Idaho reversed a medical malpractice case in favor of the plaintiff. The defendant is a nursing home that specializes in long-term rehabilitation care. The plaintiff’s mother was a resident of the nursing home for five years. Apparently, during her stay there, the plaintiff’s mother had a fall. Subsequently,…
The Florida justice system sees hundreds of thousands of cases each year. Many of these cases are medical malpractice cases. Essentially, a medical malpractice case is a claim of medical negligence, alleging that, but for the medical professional’s negligence, the plaintiff would have avoided the harm that they suffered. In…