Discovery of Hospital Incident Reporting and Peer Review Privilege

I have had cases like the one below with both anonymous and signed reports removed from medical charts. In one case, a doctor met me in a restaurant across the street from the hospital and delivered to me his copy of a report that had been removed from the patient’s chart. I have also been […]

Pay No Attention to the Man Behind the Curtain

I’ve been around the block long enough to know that in personal injury cases – particularly serious ones – there are frequently issues “behind the curtain”. The other side will often conceal these issues but they can affect everything from trial scheduling to negotiations. Sometimes, the defense counsel will be upfront but more often your […]

Fla. Jury Hits Doc With $20M Verdict Over Dilaudid Death

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 […]

Florida’s Wrongful Death Act: Still Being Interpreted After All These Years

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 […]

Our Experience Litigating Seat Belt Defects

When I worked with my Father, we had a case involving catastrophic injuries in a Ford pickup rollover caused by an inoperable seatbelt. We won that case at trial and, to fully recover, we had to take the case to the Florida Supreme Court. I wrote about that case in a prior post linked just […]