Publications
A written opinion by a medical expert that is neither sworn, notarized nor otherwise verified is not sufficient to meet medical malpractice pre-suit requirement for a "corroborating medical expert opinion" pursuant to §§ 766.203 and 766.206, Fla. Stat.
The plaintiffs, a husband and wife, brought suit against the wife's orthopedic physician and the physician's practice, alleging medical malpractice during the performance of a knee replacement surgery.
Case Law Alert - 4th Qtr 2012
Employer medical facility or hospital can remain vicariously liable for an employee-physician who is dismissed pursuant to the statute of limitations.
In this medical malpractice suit, a deceased patient's family sued a hospital and medical group, along with four physicians it employed, for wrongful death and medical malpractice.
Case Law Alert - 4th Qtr 2012
The defense may retain plaintiff’s treating physicians as expert witnesses.
In this suit on behalf of several hundred plaintiffs against Johnson & Johnson and Ethicon, Inc.
Case Law Alert - 4th Qtr 2012
Use caution when asking for a jury instruction in a medical battery/lack of consent claim.
The Supreme Court affirmed that the jury charge given in a medical battery/lack-of-consent claim, which included "intent to cause harm" language, in its entirety, clearly and accurately set forth in the law.
Case Law Alert - 4th Qtr 2012
Inmate civil right claims alleging various prison employees and officials had violated his First, Fifth, Eighth and Fourteenth Amendment rights were dismissed.
An inmate of the state prison filed a civil rights complaint pursuant to 42 U.S.C.
Case Law Alert - 4th Qtr 2012
Plaintiff's claims against the borough and its code enforcer under 42 U.S.C.S. for the alleged unlawful search and seizure under the 4th Amendment and procedural due process under the 14th Amendment was dismissed.
Under a borough ordinance, an owner of a property must obtain a rental license prior to renting any part of such property.
Case Law Alert - 4th Qtr 2012
Superior Court affirms the right of the employer to require a claimant to fill her prescriptions through a provider of its choosing.
The issue on appeal in this case is whether the claimant had the right to obtain her prescriptions from a provider of her choosing rather than utilizing the company with which the employer had contracted.
Case Law Alert - 4th Qtr 2012
Finding that the employer had showed no change in the claimant's medical condition, the Board dismisses the employer's termination petition by granting the claimant's motion to dismiss the petition pursuant to the doctrine of collateral estoppel.
The claimant suffered a compensable work injury on May 28, 1992, and was receiving ongoing compensation for total disability. The employer had filed a review petition in October 2004, which was denied by the Board.
Case Law Alert - 4th Qtr 2012
"Premises Rule" broadly construed: Appellate Division finds that an employee struck by a car on a public street while walking to her workplace from an employer-controlled parking garage is eligible for benefits.
The respondent assigned the petitioner free parking at a private garage located two blocks from her workplace.
Case Law Alert - 4th Qtr 2012
Failure to disclose prior relevant medical history results in a dismissal with prejudice of petitioner's claim and carrier is reimbursed for previously paid temporary benefits.
On August 4, 2008, the petitioner sustained injury to his right knee while in the course of his employment with the respondent. The petitioner was authorized for treatment with an orthopedist.
Case Law Alert - 4th Qtr 2012