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Jibrael S. Hindi, representing the three Florida plaintiffs, told Law360 that he is representing victims of the data breach who went to the HCA facilities in Miami-Dade, Broward and Palm Beach counties. Hindi estimated there are at least 100 people, including children, in those three counties whose data was breached. He is avoiding a class action and plans on filing individual cases in state court, where he believes his clients will receive more justice.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1720304?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-12&read_main=1&nlsidx=0&nlaidx=18?copied=1

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“Six Flags cannot take the fright out of Fright Fest, just as baseball teams cannot remove their bats and balls without fundamentally changing the game,” the opinion reads.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1690823?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-21&nlsidx=0&nlaidx=0?copied=1

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If trouble comes when you least expect it then maybe the thing to do is to always expect it.

Cormack McCarthy, The Road

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Back in the Spring, I wrote in separate posts about a long hoped-for consumer win in Florida to change unfair wrongful death laws:

Turns out, politics isn’t the only place where misinformation is used to ply the soil that grows bad ideas. In the 1980’s, health care providers and insurance carriers deliberately and falsely yelled that the sky was falling due to negligence claims and payouts. Their solution? Caps on damages in the most righteous and significant cases. And as it turns out down the road, the “crisis” was just a public relations ploy to immunize themselves from the costs of medical error. And the con continues.

….

For decades, families of medical malpractice victims in Florida have suffered without a remedy under an unfair law that treats them differently from other grieving families. Florida’s wrongful death act exempts negligent health care providers from righteous claims that would exist if anyone else caused their parent’s death. The pain they experience is no different from the pain suffered by families victimized by a car accident or equipment malfunction. But in Florida’s never-ending quest for “tort reform” and special protections – even immunity – for powerful special interests, their pain is treated as non-existent.

That may be about to change.

Politicians paid by the insurance lobby killed that victims’ rights bill in committee even though versions passed both the House and Senate.

Legislative History and Death of Florida HB 6011

This happens in other states.

The New York Trial Lawyers Association, various law firms and their allies in the Legislature have also been ratcheting up the pressure on Hochul to approve the Grieving Families Act. “This year we passed the Grieving Families Act because we all know that the value of a person’s life is more than their paycheck,” state Sen. Sean M. Ryan, D-Buffalo.

Here is the New York story

New York Wrongful Death Changes Setup Lobbying Battle

In a political environment flush with insurance industry cash where the rules are written by insurance lobbyists, victims of wrongful death have little chance on their own. Justice demands that you choose your lawyer carefully. Or, as the lyrics from the Led Zeppelin song go,

Oh dance in the dark of night
Sing to the mornin’ light.
The magic runes are writ in gold
To bring the balance back
Bring it back

The post The Battle of Evermore: How the Insurance Lobby Rules Florida appeared first on The Thompson Law Firm.

Did your doctor make a mistake? Suing medical providers in Florida is easy, winning isn’t.

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There’s nothing like a toe-tapper about a mass casualty event. When it comes down to it, that’s all the blues are about: making the insufferable thing bearable. In High Water Everywhere, Charley Patton sang about the 1927 Mississippi levee break that displaced tens of thousands. Patton lived on Dockery’s Plantation near Greenville, Mississippi, where the Army Corps of Engineers built a system of earthen wall barriers designed to control the Mississippi River. In the spring of 1927, the River flooded. The levee groaned before failing. Greenville residents are described as watching from the streets below as riverboats floated high above them on the topped levees of the cresting river before it broke. In many parts, the disaster was slow-moving. The muddy wall of water (described by some as seven feet high) moved across bottom land at a pace of fourteen miles a day. In the tense aftermath of the flood, riots and violence broke out between whites and blacks – who felt impressed into service of the recovery efforts and were forced into centralized tent camps that may have felt more like prison or slave camps.

None of this is mentioned in Patton’s song High Water Everywhere, but the feeling of dread, chaos, and confusion that permeated the Mississippi low country in early 1927 surely comes through. The blues idiom is like that – simultaneously and intensely personal and universal, putting the singer at the very center of a universally appreciated narrative of difficulty and sometimes tragedy.

Backwater at Blytheville, backed up all around
Backwater at Blytheville, done took Joiner town
It was fifty families and children come to sink and drown

The water was risin’ up at my friend’s door
The water was risin’ up at my friend’s door
The man said to his women folk, “Lord, we’d better go”

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