I have litigated similar issues regarding the duty a hospital owes to relatives of a patient, intentional infliction of emotional distress, wrongful death, and immunity. Here is a link to the reported appeals decision in my case. These are difficult cases, trying for all involved. Press attention can help but can also add to the […]
A recent and large Palm Beach County med mal verdict brings to mind the case of Bethany Morris in our office – a little girl scheduled for office surgery to remove a port wine stain from her face. A “dental block” was applied as an anesthetic but the surgeon had no oxygen to help deal […]
There have been a lot of tweaks in the Wrongful Death Act over the years that prompt appeals and opinions clarifying how wrongful death claims may be brought. For instance, I have litigated cases concerning who qualifies as a survivor under Florida’s Wrongful Death Act. I have also litigated changes in the law that allowed […]
Lord, it’s a mighty hard living But a damn good feeling to run these roads Tyler Childers, Whitehouse Road
SCOTUS is honoring some precedent. Their decision in Health and Hospital Corp. of Marion County et al. v. Talevski is inthe news today, The U.S. Supreme Court on Thursday refused to upend decades of precedent and allowed a nursing home resident’s family to sue an Indiana care home under the Federal Nursing Home Reform Act for […]
Grief is in two parts. The first is loss. The second is the remaking of life. Anne Roiphe, writer
Evidentiary issues during the trial need to be preserved in order to be protected on appeal. In oral argument before a three-judge panel in Miami, Discount Rock & Sand’s attorney Andrea Cox told the appeals court that the district court judge erred in allowing jurors to view what she called a “horror show of an […]
These are rare cases but I’ve brought the claim of tortious interference with a dead body and had to address the same kind of argument. Celebrity Cruises Says Storing Body In Cooler Not Misconduct Celebrity Cruises urged a Florida federal judge on Friday to toss a suit by the family of a man who died […]
If you have friends in Gloryland Who left because of pain Thank God up there, they’ll die no more They’ll suffer not again Then weep not friends I’m going home Gloryland, Ralph Stanley, and The Clinch Mountain Boys Trial lawyers become experts in the circumstances just before and after the end of life. Some deaths […]
A jury has awarded $8.5 million to the wife and estate of a patient who died after a routine knee-replacement surgery at a private surgical practice based in Glastonbury. In many cases, anesthesia is the culprit in such shocking outcomes but in this case it was the failure to detect and treat a fatal blood […]
