You can’t speak to my doctor without me being there!

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In recent years, Florida’s legislature has made it much more difficult for injured patients to bring medical malpractice claims. One of the most draconian laws requires a medical malpractice victim to give the doctor’s or hospital’s lawyer the right to speak to their treating doctors without a representative being present at the meeting. Can you… Read More »

Ordinary Negligence or Medical Malpractice

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Not every injury claim that happens in a hospital or a doctor’s office is medical malpractice. However, one of the tricks of insurance defense lawyers is to take that position. We see it all the time in practice. A patient falls down in a hospital and the hospital’s lawyer beats their chest and says this… Read More »

Prisoner Malpractice

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Florida Prison/Jail Malpractice Lawyer People who are detained or incarcerated are not free to seek their own medical care.  Because of this situation, the City or County who runs the jail or the Florida Department of Corrections is responsible for the medical care.  The issue in these cases is whether the medical care is appropriate… Read More »

Malpractice in Florida Jail or Prison

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Many incarcerated individuals get crappy medical care and want to make a medical malpractice claim, however, there is one thing that you must understand about medical malpractice claims in the jail and/or prison system. Medical malpractice claims are difficult outside of the prison or jail system because of a number of jury biases. For incarcerated… Read More »

Can the defendant doctor block your medical malpractice settlement?

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You filed a medical malpractice claim against a doctor. The insurance company wants to settle your claim, can the doctor block the settlement? The answer depends on the state in which the claim is pending. As an example, Indiana medical malpractice insurance policies have a consent provision requiring the doctor’s consent before settling. So, in Indiana… Read More »

3 things you must know about deliberate indifference claims

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Many incarcerated individuals get crappy medical care and want to make a deliberate indifference claim, hang on a moment and I’ll give you the three things that you need to know regarding deliberate indifference claims. Prisons and jails are required to give medical care, however, crappy medical care is okay if you’re looking at a… Read More »

6 potential signs of nursing home abuse or neglect

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Leesburg Florida nursing home lawyer discusses the 6 potential signs of nursing home abuse or neglect. Nursing homes serve an important purpose in the healthcare system. They provide a place for folks to undergo short-term rehabilitation after a surgery, so they can regain their activities of daily living and go back home. Nursing homes also… Read More »

What is the number one factor when evaluating a Leesburg medical malpractice claim?

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Throughout the course of any given week, I receive multiple phone calls from potential clients who often convey stories of medical malpractice. When these folks are on the phone, they start to recite everything that happened them with such passion and conviction. A lot of times because of their passion, I have to interrupt the… Read More »

Pain and suffering is no longer capped in Florida Medical Malpractice Claims

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For a little over 10 years, non-economic damages (pain and suffering) damages have been capped by Florida Statute 766.118 to $500,000 for a non-catastrophic injury or death case and $1,000,000 for a catastrophic injury or death claim. In 2014, the Florida Supreme Court in McCall struck down the damage cap in a death case with multiple survivors.… Read More »

Central Florida Pharmacy Malpractice (Medication Errors) Why Does It Happen?

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Why do pharmacies make mistakes with your prescription and how do you prove your claim? You left your doctor’s office with a prescription and went to the pharmacy and had it filled. You took the medication as prescribed and you ended up getting sicker. You called your doctor’s office and she was not in so… Read More »