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 […]

Song For The Walls

A lawyer is more than a mouthpiece. When it feels that nobody will ever hear you – that your grief and pain are shouted in an empty room, falling upon silent and unmoving walls – a good lawyer will break through and force your message to be heard. H/T Eric Amble for the title.

You Have 2 Years To Sue Dead People, Fla. High Court Rules

The Florida Supreme Court ruled Thursday that insurance liability lawsuits must be filed within two years of a would-be defendant’s death, upholding a decision dismissing a suit against Lewis Bear Co. and the estate of a now-deceased employee who injured two women with a company truck. In a 5-1 decision, the state high court said […]

Improper Client Solicitation Is In The News Again

Reward lawyers who do it the right way. Ignore the scammers. “The training manual literally teaches employees how to commit barratry by gaining the trust of vulnerable potential clients to sell them legal services,” the complaint said. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1692386?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-27&nlsidx=0&nlaidx=9?copied=1

Iowa Court Overturns $6M Nursing Home Negligence Verdict

On appeal, Timely Mission argues that a new trial is warranted because the jury heard improper testimony from nursing home staff members that a certified nursing assistant, Melanie Blakesley, had physically and verbally abused residents other than Weaver. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1691891?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-23&nlsidx=0&nlaidx=6?copied=1 From the website page summarizing my experience in nursing home injuries The health […]

“Barebone affirmative defenses have always been deficient,” he told the court.

My clients see it all the time. They look at defenses raised in writing by the other side and say things like, “What does that mean?” My typical response to my clients (without waiving any attorney-client privilege) is usually, “Nothing. Absolutely nothing.” “Barebone affirmative defenses have always been deficient,” he told the court. To show […]

Six Flags Not Liable For Woman’s Injury Fleeing From Clown

My sister was terrified of a giant clown that loomed over us every time we drove past a certain car dealership on Sunrise Boulevard. “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: […]

Vicarious Liability Quacking Like A Duck

I got nuthin’. Wait … I do. Dear Hospital Counsel – stop litigating this nonsense. “Taking a broader view of the relationship between RMF and Burke, we emphasize that those parties deliberately chose to use the term ’employee’ in their agreement,” the appeals court said. “They could have used the term ‘independent contractor,’ but they […]