Swamp Music

My first year practicing law was the year Florida started limiting the rights of medical malpractice victims. “Tort reform” started in 1988 with Florida’s pre-suit screening rules, making it more difficult to hold hospitals and health care providers responsible for the catastrophic costs of malpractice. Not satisfied with these protections, Florida’s legislature later added changes […]

Not everything bad that happens in a hospital is medical malpractice …

Here’s the story: Miami Bascom Palmer surgical table collapse is an ordinary negligence claim per judge, not subject to medical malpractice rules The test for whether a claim is “medical malpractice” boils down to the use of professional judgment. If the medical or nursing error involves the use or failure to use good professional judgment […]

Our Healthcare System Is Getting Worse, Not Better

My blogs about Quality Fraud pick up items like the $54,000 Air Ambulance Ride and the $6,000 ER Visit Without Treatment. For thirty years, our healthcare delivery systems have been changing dramatically and repeatedly. These changes were caused by two primary factors: the market and the law. In some instances, market changes caused a reaction by the Legislature. […]