Fla. Supreme Court Allows Early Dismissal of Medical Malpractice Cases

After forty years, Florida courts and the legislature still can’t decide exactly what the rules for medical malpractice should be. Your lawyer needs to appreciate all the potential pitfalls. “We acknowledged that ‘the Medical Malpractice Act changed the law such that an interlocutory remedy for parties facing claims that fail to satisfy its pre-suit requirements […]

The Endless Courthouse Drama When Hospitals Are Determined To Hide Their Policies And Procedures

I posted recently about frivolous defenses and appeals raised by defendants, often because their insurance carriers have the resources to waste time and the incentive to hold on to the money that will eventually be paid to satisfy the claim. When we hear about frivolous claims, it is usually from insurance interests complaining that non-meritorious […]

Surgeon’s Recorded OR Conversation About His Suboxone Prescription Is Admissible

It isn’t easy to develop evidence that your surgeon was under the influence. I know. I’ve done it. In a 49-page opinion comparing the saga to both a traditional opera and a TV soap opera, Allegheny County Court of Common Pleas Judge Philip J. Ignelzi said that while rival doctors Jonathan D’Cunha and Lara Schaheen […]

There’s No Course For Fist-Fighting In Law School

Lawyers aren’t supposed to fight each other physically. The system wasn’t designed that way. In fact, it is built as a replacement to combat. A California state judge declared a mistrial Monday in a contentious legal malpractice case over allegations Geragos & Geragos botched a medical malpractice suit, an outcome that a Geragos attorney attributed […]

‘Slip and Fall’ Cases Are Hard: A reminder from St. Pete.

Don’t let anyone tell you that there are too many successful “slip and fall” verdicts for Plaintiffs. The truth is judges and juries are hard on slip-and-fall cases. Defendants and their carriers know this, and they litigate these cases fiercely. Only careful, thoughtful, and considered legal strategies can keep you out of this kind of […]

Fla. Justices Say Malpractice Claim Met Expert Qualifications

In the late 1980s, Florida’s legislature passed lots of special rules for medical malpractice cases – hoops to be jumped through before a case can be filed. These laws, on the books from the time I became a lawyer, spawned warehouses full of legal challenges, appeals, opinions, and related paperwork. Whether the laws accomplished anything […]