Medical Negligence / Malpractice

Posted July 22, 2010
Medical Malpractice—        
Kristensen-Kepler v. Cooney,
35 FLW D1510 (Fla. 4th DCA July 7, 2010)
Fourth DCA Finds That Statutory Non-Delegable Duty To Provide Non-Negligent Anesthesia Services Does Not Apply Where Patient Directly Contracts With His Own Selected Anesthesiologist For Surgery Performed At Ambulatory Surgical Center

Posted July 19, 2010
Medical Malpractice—        
Quesada v. Mercy Hospital, Inc.,
35 FLW D1565a (Fla. 3rd DCA July 14, 2010)
Third DCA Affirms Summary Judgment For Hospital Where Record Was Clear That Surgeon Was Not Agent Of Hospital

Posted May 25, 2010
Medical Negligence—        
Abreu v. F.E.Development Recycling, Inc.,
35 FLW D1018 (Fla. 5th DCA, May 7, 2010)
Fifth DCA Reverses Summary Judgment Based On Defense Of Sudden And Unexpected Loss Of Consciousness Where Records Indicated Defendant Had Been Experiencing Significant Symptoms Prior To Acciden

Posted May 3, 2010
Medical Negligence—        
Nason v. Shafranski,,
35 Fla. L. Weekly D943a (Fla. 4th DCA Apr. 28, 2010)
Fourth DCA Reverses Verdict Where Trial Court Failed To Give Intervening Medical Negligence Instruction Where Defense Was Strongly Premised On Argument That Plaintiff's Surgeries Following Accident Were Unnecessary

Posted April 28, 2010
Medical Malpractice—        
Parham v. Fla. Health Sciences Center, Inc. (d/b/a Tampa General Hospital),
35 Fla. L. Weekly D722a (Fla. 2nd DCA Mar. 31, 2010)
Second DCA Asks Supreme Court To Revisit Constitutionality Of Cap On Noneconomic Damages In Med Mal Cases; Also Finds Pain And Suffering Can Be Awarded To Parent Even When They Do Not Testify

Posted December 3, 2009
Medical Malpractice—        
Dr. Navarro's Vein Centre of the Palm Beach, Inc. v. Miller, 34 FLW 2395 (Fla. 4th DCA Nov. 18, 2009)
Fourth DCA Finds That Laser Hair Removal Is Medical Procedure And Subject To The Requirements Of Chapter 766