Medical Malpractice Law For the Florida Neurologist. Mark G. Morgan, M.D., J.D. MD-JD Consult, P.A. Tampa, FL

Size: px
Start display at page:

Download "Medical Malpractice Law For the Florida Neurologist. Mark G. Morgan, M.D., J.D. MD-JD Consult, P.A. Tampa, FL www.mdjdconsult.com"

Transcription

1 Medical Malpractice Law For the Florida Neurologist Mark G. Morgan, M.D., J.D. MD-JD Consult, P.A. Tampa, FL

2 Scope of the Problem

3 Legislative findings and intent. F.S

4 (1) The Legislature makes the following findings: (a) Medical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased medical care costs for most patients and functional unavailability of malpractice insurance for some physicians.

5 b) The primary cause of increased medical malpractice liability insurance premiums has been the substantial increase in loss payments to claimants caused by tremendous increases in the amounts of paid claims.

6 (c) The average cost of a medical negligence claim has escalated in the past decade to the point where it has become imperative to control such cost in the interests of the public need for quality medical services

7 Financial Facts Florida physicians pay the highest average medical malpractice insurance premiums in the country Average jury verdict in Florida medical malpractice cases exceeds $1,000,000 Duke study showed an average of sixty figure reported, paid malpractice judgments per year in FL from (Unreported or outstanding judgments were not included)

8 Medical Malpractice Law 101

9 The Statutes of Limitation & Repose F.S (4)(b)

10 What s s the Difference? Statue of Repose is 4 years and starts on date of the allegedly negligent incident. Statute of Limitations is 2 years and starts on the date that the incident is discovered, or should have been discovered with the exercise of due diligence.

11 Exceptions to Statute of Repose 7 years from date of incident if fraud, concealment, or intentional misrepresentation of fact prevented discovery. (NOT misdiagnosis) Myklejord v. Morris (Fla 5 th DCA 2000) Child has until 8 th birthday NOTE: These are NOT exceptions to the SOL

12 Automatic Extension F.S (2) provides for an automatic 90 day extension of the Statute of Limitations for $37.50, payable to Clerk of Court. Can be filed anytime prior to expiration of SOL Trap for the unwary Plaintiff s s attorney: Petition must be made to the Clerk of the County where the suit will be filed

13 PRESUIT F.S lay the statutory framework, but many cases have interpreted these statutes so must be read with caution.

14 The Notice of Intent Arrives by Certified Mail, RRR Tolls the Statute of Limitations as of date sent Starts 90 day presuit period as of date received

15 Verified Written Medical Opinion Mandatory in every case Must be sent prior to expiration of SOL Must be by physician of same specialty as defendant physician (Same requirement as for trial testimony) Now discoverable under (4), but no court has ruled on admissibility

16 Specificity of Allegations NOI and VWMO, taken together, must establish that a reasonable investigation was made to support the claim. Not necessary to detail every aspect of negligence Must contain sufficient description of defendants but not necessarily their names. Michael v. Medical Staffing (Fla. 3 rd DCA 2000)

17 Presuit Discovery (6) permits: Unsworn Statements of Plaintiff & Defendants Document Production Written Questions Unsworn Statement of Treating Physicians by Defendant (but Plaintiff s s Attorney can attend) BUT NONE OF THIS IS ADMISSIBLE

18 WHEN DOES PRESUIT END? On the earliest of: 90 days from receipt of Notice of Intent On receipt of denial of the claim (requires expert) On Settlement Offer (expert not required) On Defendant s s offer to arbitrate under F.S (Requires admission of liability)

19 The Malpractice Lawsuit

20 Legal Elements What the Plaintiff must prove to win 1. Duty 2. Breach 3. Causation 4. Damages

21 Duty

22 Duty Existence decided as a matter of law Physician Patient relationship is enough Rarely an issue in medical malpractice cases No Duty to victim of Auto Accident allegedly caused by other driver taking Quaaludes prescribed by physician Forlaw v. Fitzer (Fla. 1984)

23 Duty However there has been found to be a duty to known and identifiable 3 rd parties Duty owed to child born with congenital anomalies for alleged improper genetic screening / counseling of parents Pate v. Threkel (Fla. 1995)

24 Breach

25 What is the Standard of Care? F.S (1): The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.

26 Fla. Std. Jury Instruction 4.2 Professional Negligence Negligence is the failure to use reasonable care. Reasonable care on the part of a physician is that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by similar and reasonably careful physicians.

27 What is a similar physician? If Defendant is board certified in a specialty or is providing evaluation, treatment, or diagnosis for a condition that is not within his or her specialty,, a similar physician is a physician in that same specialty (F.S.( (8).

28 Expert Testimony

29 Who can testify against a Neurologist? F.S (5) No reference to board certification BUT must be ALL of the following: Licensed Health Care Provider Practicing in Neurology or a similar specialty that involves the evaluation, diagnosis or treatment of the medical condition in question

30 AND have devoted professional time during the 3 years immediately preceding the date of the occurrence that is the basis for the action to: a. The active clinical practice of, or consulting with respect to, the same or similar specialty and have prior experience treating similar patients; or b. Instruction of students in an accredited health professional school or accredited residency or clinical research program in the same or similar specialty; or c. A clinical research program that is affiliated with an accredited health professional school or accredited residency or clinical research program in the same or similar specialty.

31 What can the Expert say? Fullerton v. FMA (Fla. 1 st DCA 2006): After a judgment exonerating them from liability, defendants forwarded a letter to the FMA complaining of Dr. Fullerton's testimony, stating, among other things, that his opinion testimony fell below reasonable professional standards, that it was made for the sole purpose of propagating a frivolous lawsuit for financial gain, and that he specifically presented false testimony and false theories about stroke in the hope to prove negligent medical care in an 80-year year-old diabetic with previous strokes who suffered a stroke despite appropriate care.

32 1 st DCA s s Response The common law has long recognized that an absolute civil privilege extends to a witness's testimony in connection with or in the course of an existing judicial proceeding. See Ange v. State, 98 Fla. 538, 123 So. 916, 917 (Fla.1929); Stucchio v. Tincher, 726 So.2d 372, 375 (Fla. 5th DCA 1999).. As noted in Fariello v. Gavin, 873 So.2d 1243, 1245 (Fla. 5th DCA 2004): By virtue of this immunity, defamatory statements made in the course of judicial proceedings by parties, witnesses and counsel are absolutely privileged, no matter how false or malicious those statements might be, provided the statements are relevant to the subject of the inquiry. The consequence of the rule is that [t]orts such as perjury, libel, slander, and other actions based on statements made in connection with a judicial proceeding are not actionable.

33 Fla. Std. Jury Instruction 2.2(b) Expert witnesses: You have heard opinion testimony on certain technical subjects from persons referred to as expert witnesses. You may accept such opinion testimony, reject it, or give it the weight you think it deserves,, considering the knowledge, skill, experience, training, or education of the witness, the reasons given by the witness for the opinion expressed, and all the other evidence in the case.

34 Causation

35 Proximate Legal Cause The proximate causation element is concerned with whether and to what extent the defendant's conduct foreseeably and substantially caused the specific injury that actually occurred. McCain v. Florida Power Corp., (Fla. 1992)

36 Fla. Std. Jury Instruction 5.1(a) Legal cause generally: Negligence is a legal cause of loss, injury or damage if it directly and in natural and continuous sequence produces or contributes substantially to producing such loss, injury or damage, so that it can reasonably be said that, but for the negligence, the loss, injury or damage would not have occurred.

37 Gooding v. University Hospital In Gooding,, the Florida Supreme Court acknowledged that Florida courts follow the more likely than not standard of causation and require proof that the negligence probably caused the plaintiff's injuries. Gooding,, 445 So. 2d at In other words, the plaintiff must show that there is a 51% or more likelihood that the defendant's negligence caused the plaintiff's injuries. Gooding,, 445 So. 2d at 1020.

38 Damages

39 Economic Types of Damages Wage Loss (Past & Future) Medical Expenses (Past & Future) Loss of Support & Services Non-Economic Pain & Suffering Loss of Consortium / Companionship Mental anguish, loss of ability for enjoyment of life Punitive

40 Statutory Caps on Damages F.S Caps apply only to Non-Economic Damages For a Neurologist, usual cap is $500,000 Automatic breakthrough to $1,000,0000 for death or permanent vegetative state Breakthrough to $1,000,000 if court finds catastrophic injury Especially relevant to Neurologists

41 (1)(a) "Catastrophic injury" means a permanent impairment constituted by: 1. Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk; 2. Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage; 3. Severe brain or closed-head injury as evidenced by: a. Severe sensory or motor disturbances; b. Severe communication disturbances; c. Severe complex integrated disturbances of cerebral function; d. Severe episodic neurological disorders; or e. Other severe brain and closed-head injury conditions at least as severe in nature as any condition provided in subsubparagraphs a.-d.

42 Common Malpractice Claims Neurology Failure to diagnose / treat impending stroke TIA Migraine misdiagnosis Failure to use TPA Window issues Gooding Defense Endarterectomy Carotid Dissection Status Epilepticus

43 Constitutional Amendments

44 Amendment 3 The Medical Liability Claimant s s Compensation Amendment Intended to limit malpractice plaintiff s attorney s s fee to 30% of the 1 st $250,000 and 10% of any additional recovery Florida Supreme Court has approved waiver procedure now routinely utilized by plaintiff s attorneys Bottom Line: Absolutely useless

45 Amendment 7 Patients Right to know about adverse medical incidents Mandates disclosure upon request of any adverse medical incident Adverse Medical Incident VERY broadly defined anything that could have caused injury Supersedes peer review and all prior privileges Virtually anyone can make the request Any individual who has sought, is seeking, is undergoing or has undergone care or treatment

46 3 DCA s s Have Upheld Amendment 7 as Written All 3 DCA s s held implementing legislation invalid Florida Hospital v. Waterman (Fla. 5 th DCA 2006) Not Retroactive FL S. Ct. granted review - Oral Argument 6/7/07 Decision still pending as of 8/17/07 Notami v. Bowen (Fla. 1 st DCA 2006) Retroactive North Broward v. Kroll (Fla. 4 th DCA 2006) Retroactive

47 FL Hospital Waterman v. Buster (Fla. 5 th DCA 2006) the Hospital continues to view this issue through the prism of privilege and confidentiality. The Hospital contends that preservation of the legislatively-established established privileges that enhance self-policing by health care providers for the betterment of the patients they serve is a firmly- established policy that is of paramount importance and the people of Florida could not have meant to abrogate such a policy, especially one so carefully guarded by the courts.

48 Interpreting the text of Amendment 7 differently and more broadly, we disagree. Further, what the Legislature gives through its enactments and the courts protect through their decisions, the people, through the constitutional amendment process, can certainly take away. We believe that is what the people of Florida intended when they inserted Amendment 7 into our constitution. Through this amendment, the people have clearly expressed their preference for freedom of information regarding adverse medical incidents over the privileges that protect the selfpolicing processes enacted by the Legislature and protected by the courts. The people have made their choice, and it is not for us to question the wisdom of it.

49 Privileges Lost FN6. The privileges referred to are the numerous laws that prohibit discovery of various components of a hospital's self-evaluation evaluation process, which the Legislature believes are essential to meaningful self-regulation by health care providers in general. See, e.g., (5), Fla. Stat. (2005) (medical review committee privilege); (2), Fla. Stat. (2005) (patient safety data); (3), Fla. Stat. (2005) (reports of disciplinary actions); , Fla. Stat. (2005) (quality assurance nursing homes); (8), Fla. Stat. (2005) (staff membership and clinical privileges); (4), (6)(c), (7), (13), Fla. Stat. (2005) (internal risk management); (8), Fla. Stat. (2005) (peer review).

50 Amendment 8 Public Protection from Repeated Medical Malpractice (The 33 Strikes Amendment ) Mandates loss of Florida medical license if physician found to have committed 3 or more incidents of medical malpractice Retroactive Incidents in other states or countries count No Florida Courts have ruled on Amendment 8 but logic of Amendment 7 cases foreboding

51 What Counts as a Strike Final Judgment of a Court of Law Final Administrative Agency Decision Decision of Binding Arbitration SETTLEMENTS ARE NOT STRIKES (Guess Why)

52 Who Makes the Decisions in a Malpractice Lawsuit?

53 F.S Medical malpractice insurance contracts. (1) In addition to any other requirements imposed by law, each self-insurance policy as authorized under s or s or insurance policy providing coverage for claims arising out of the rendering of, or the failure to render, medical care or services, including those of the Florida Medical Malpractice Joint Underwriting Association, shall include: (a) A clause requiring the insured to cooperate fully in the review process prescribed under s if a notice of intent to file a claim for medical malpractice is made against the insured. (b)1. Except as provided in subparagraph 2., a clause authorizing the insurer or selfinsurer to determine, to make, and to conclude, without the permission of the insured, any offer of admission of liability and for arbitration pursuant to s , settlement offer, or offer of judgment. It is against public policy for any insurance or self-insurance policy to contain a clause giving the insured the exclusive right to veto any offer for admission of liability and for arbitration made pursuant to s , settlement offer, or offer of judgment, when such offer is within the policy limits. However, any offer of admission of liability, settlement offer, or offer of judgment made by an insurer or self-insurer shall be made in good faith and in the best interests of the insured.

54 The Malpractice Insurance Gap Most Florida physicians only carry $250/750 policies, the minimum required for physicians with staff privileges by FL s s Financial Responsibility Statute. ( )(

55 Who Fills the Gap?

56 Excess Judgments Are Not Paid by Malpractice Insurance If your malpractice carrier takes the case to trial and an excess judgment results, the carrier is not obligated to pay the excess YOU are. Only exception is if insurance carrier acted in Bad Faith by failing to settle your case within policy limits when it could and should have done so Bad Faith requires an entirely separate lawsuit in which you carry the burden of proof Your malpractice carrier s s duty to defend may end when it pays the policy limits even if you are not released from the lawsuit CHECK YOUR POLICY

57 Legislative Protection for the Malpractice Insurance Carrier F.S Bad faith actions. In all actions for bad faith against a medical malpractice insurer relating to professional liability insurance coverage for medical negligence, and in determining whether the insurer could and should have settled the claim within the policy limits had it acted fairly and honestly towards its insured with due regard for her or his interest, whether under statute or common law:

58 (1)(a): An insurer shall not be held in bad faith for failure to pay its policy limits if it tenders its policy limits and meets other reasonable conditions of settlement by the earlier of either:

59 1. The 210th day after service of the complaint in the medical negligence action upon the insured. or

60 2. The 60th day after the conclusion of all of the following: a. Deposition of all claimants named in the complaint or amended complaint. b. Deposition of all defendants named in the complaint or amended complaint, including, in the case of a corporate defendant, deposition of a designated representative. c. Deposition of all of the claimants' expert witnesses. d. The initial disclosure of witnesses and production of documents. e. Mediation as provided in s

61 Physician Protect Thyself

62 Medical Malpractice Triage Program Mark G. Morgan, MD JD MD-JD Consult, PA Tampa, FL

CHAPTER 2011-233. Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No.

CHAPTER 2011-233. Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. CHAPTER 2011-233 Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 479 An act relating to medical malpractice; creating ss. 458.3175, 459.0066,

More information

Medical Malpractice Reform

Medical Malpractice Reform Medical Malpractice Reform 49 This Act to contains a clause wherein the state legislature asks the state Supreme Court to require a plaintiff filing a medical liability claim to include a certificate of

More information

FLORIDA SOVEREIGN IMMUNITY WAIVER

FLORIDA SOVEREIGN IMMUNITY WAIVER FLORIDA SOVEREIGN IMMUNITY WAIVER Florida Educational Risk Management Association July 22, 2011 Lisa J. Augspurger, Esq. Bush & Augspurger, P.A. Orlando/Tallahassee Chapter 2010-26 C.S.S.B. No. 2060 TORTS--CLAIMS--SOVEREIGN

More information

Georgia Board for Physician Workforce

Georgia Board for Physician Workforce Board for Physician Workforce Spotlight on National Tort Reform & Reform in the Surrounding States August 2010 Tort reform continues to be a highly debated issue at both the state and national level. In

More information

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION Arizona State Senate Issue Paper June 22, 2010 Note to Reader: The Senate Research Staff provides nonpartisan, objective legislative research, policy analysis and related assistance to the members of the

More information

This briefing paper summarizes the measures the Montana Legislature has put into place to improve the state's medical liability climate.

This briefing paper summarizes the measures the Montana Legislature has put into place to improve the state's medical liability climate. SRJ 35: Study of Health Care Medical Malpractice: Montana's Approach to Limiting Liability by Sue O'Connell, Research Analyst Prepared for the Children, Families, Health, and Human Services Interim Committee

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA JENNIFER WINDISCH, Plaintiff, v. CIVIL DIVISION CASE NO: 2007-CA-1174-K JOHN SUNDIN, M.D., RHODA SMITH, M.D., LAURRAURI

More information

CHAPTER 246 HOUSE BILL 2603 AN ACT

CHAPTER 246 HOUSE BILL 2603 AN ACT House Engrossed State of Arizona House of Representatives Fifty-second Legislature First Regular Session CHAPTER HOUSE BILL 0 AN ACT AMENDING TITLE, CHAPTER, ARIZONA REVISED STATUTES, BY ADDING ARTICLE

More information

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA, vs. Plaintiff(s),, Defendant(s) / MOTION TO ABATE CASE NO. COME(S) NOW, Defendant(s),, by and through (its/their) undersigned counsel,

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

Summary of the Key Provisions of Florida Medical Malpractice Statutes d. Expert Witness Rules

Summary of the Key Provisions of Florida Medical Malpractice Statutes d. Expert Witness Rules Summary of the Key Provisions of Florida Medical Malpractice Statutes 766.102. Medical negligence; standards of recovery; expert witness (5) A person may not give expert testimony concerning the prevailing

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

Birth Trauma: Litigating Medical Malpractice Cases in Numerous States

Birth Trauma: Litigating Medical Malpractice Cases in Numerous States Birth Trauma: Litigating Medical Malpractice Cases in Numerous States is currently litigating birth trauma cases throughout the country. The firm s attorneys are licensed to practice law in Texas, Louisiana

More information

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

Personal injury claim" does not include a claim for compensatory benefits pursuant to worker s compensation or veterans benefits.

Personal injury claim does not include a claim for compensatory benefits pursuant to worker s compensation or veterans benefits. Wisconsin AB 19 (2013) (a) Personal injury claim" means any claim for damages, loss, indemnification, contribution, restitution or other relief, including punitive damages, that is related to bodily injury

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

THE STATE OF FLORIDA...

THE STATE OF FLORIDA... TABLE OF CONTENTS I. THE STATE OF FLORIDA... 2 A. FREQUENTLY CITED FLORIDA STATUTES... 2 1. General Considerations in Insurance Claim Management... 2 2. Insurance Fraud... 5 3. Automobile Insurance...

More information

AN ACT. To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act.

AN ACT. To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act. 3721L.01I AN ACT To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

More information

Civil Suits: The Process

Civil Suits: The Process Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized

More information

S.B. 88 126th General Assembly (As Introduced)

S.B. 88 126th General Assembly (As Introduced) Elizabeth Dominic Bill Analysis Legislative Service Commission S.B. 88 126th General Assembly (As Introduced) Sens. Coughlin, Goodman BILL SUMMARY Requires the Superintendent of Insurance to establish

More information

4/28/2011. Personal Auto and Past Court Rulings: Florida. Florida Bad Faith Case Law

4/28/2011. Personal Auto and Past Court Rulings: Florida. Florida Bad Faith Case Law Personal Auto and Past Court Rulings: Florida Florida Bad Faith Case Law Todd Parnell 2 A number of seminal cases on FL Bad Faith that have shaped the issues insurer s must contend with today 4 primary

More information

Florida Senate - 2011 SB 1908

Florida Senate - 2011 SB 1908 By Senator Smith 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A bill to be entitled An act relating to insurance; amending s. 501.212, F.S.; removing an exemption from

More information

HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR SUMMARY ANALYSIS

HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR SUMMARY ANALYSIS HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 497 Medical Negligence SPONSOR(S): Cretul and others TIED BILLS: IDEN./SIM. BILLS: SB 1944 REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Judiciary Committee

More information

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA Codification District of Columbia Official Code 2001 Edition 2007 Winter Supp. West Group Publisher To amend AN ACT To provide for regulation of certain

More information

HAWAI`I REVISED STATUTES CHAPTER 672B DESIGN CLAIM CONCILIATION PANEL. Act 207, 2007 Session Laws of Hawai`i

HAWAI`I REVISED STATUTES CHAPTER 672B DESIGN CLAIM CONCILIATION PANEL. Act 207, 2007 Session Laws of Hawai`i HAWAI`I REVISED STATUTES CHAPTER 672B DESIGN CLAIM CONCILIATION PANEL Act 207, 2007 Session Laws of Hawai`i Section 672B-1 Definitions 672B-2 Administration of chapter 672B-3 Design claim conciliation

More information

Construction Defect Action Reform Act

Construction Defect Action Reform Act COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction

More information

Cole, Scott & Kissane, P.A.

Cole, Scott & Kissane, P.A. Cole, Scott & Kissane, P.A. Miami - West Palm Beach - Tampa - Key West - Ft. Lauderdale West - Naples Jacksonville Orlando - Pensacola - Bonita Springs - Fort Lauderdale East Medical Malpractice Legal

More information

Title XLV TORTS. Chapter 768 NEGLIGENCE. View Entire Chapter

Title XLV TORTS. Chapter 768 NEGLIGENCE. View Entire Chapter Title XLV TORTS Chapter 768 NEGLIGENCE View Entire Chapter 768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification;

More information

INITIATIVE FINANCIAL INFORMATION STATEMENT. Patients Right to Know About Adverse Medical Incidents

INITIATIVE FINANCIAL INFORMATION STATEMENT. Patients Right to Know About Adverse Medical Incidents INITIATIVE FINANCIAL INFORMATION STATEMENT Patients Right to Know About Adverse Medical Incidents SUMMARY OF INITIATIVE FINANCIAL INFORMATION STATEMENT Information about most adverse medical incidents

More information

FOR PROPERTY LOSS AND DAMAGE 1

FOR PROPERTY LOSS AND DAMAGE 1 13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction

More information

Advocate Magazine March 2011. Why medical malpractice still matters.

Advocate Magazine March 2011. Why medical malpractice still matters. Advocate Magazine March 2011 Why medical malpractice still matters. Despite MICRA limitations, medical-negligence claims still have a crucial role in society BY BRUCE G. FAGEL We all know the statistics

More information

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP

More information

OREGON LAWS 2013 Chap. 5

OREGON LAWS 2013 Chap. 5 CHAPTER 5 AN ACT SB 483 Relating to resolution of matters related to health care; creating new provisions; amending ORS 30.278, 31.250 and 743.056; and declaring an emergency. Be It Enacted by the People

More information

Lowcountry Injury Law

Lowcountry Injury Law Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 532-9254 Workers Comp DanDenton@Lawyer.com

More information

BAD FAITH LAW IN FLORIDA

BAD FAITH LAW IN FLORIDA BAD FAITH LAW IN FLORIDA CINCINNATI, OH COLUMBUS, OH DETROIT, MI FT. MITCHELL, KY ORLANDO, FL SARASOTA, FL www.smithrolfes.com 2012 This handout is meant to provide a top-line overview of bad faith law

More information

Small Claims: The Process in Detail

Small Claims: The Process in Detail What is a small claims division? Every justice court in Arizona has a small claims division to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $2,500. All

More information

Medical Malpractice Litigation. What to Expect as a Defendant

Medical Malpractice Litigation. What to Expect as a Defendant Medical Malpractice Litigation What to Expect as a Defendant Being named as a defendant in a malpractice suit may be your first exposure to civil litigation. You will probably wish it would just go away.

More information

HOUSE BILL NO. HB0106. Medical malpractice-use of expert witnesses. A BILL. for. AN ACT relating to medical malpractice actions; providing

HOUSE BILL NO. HB0106. Medical malpractice-use of expert witnesses. A BILL. for. AN ACT relating to medical malpractice actions; providing 00 STATE OF WYOMING 0LSO-0 HOUSE BILL NO. HB0 Medical malpractice-use of expert witnesses. Sponsored by: Representative(s) Gingery A BILL for AN ACT relating to medical malpractice actions; providing for

More information

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3527. New Act 225 ILCS 60/29 from Ch. 111, par. 4400-29

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3527. New Act 225 ILCS 60/29 from Ch. 111, par. 4400-29 *LRB0ASKb* TH GENERAL ASSEMBLY State of Illinois 00 and 00 SB Introduced /0/00, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: New Act ILCS 0/ from Ch., par. 00- Creates the Affordable Health Care Act and

More information

Sub. S.B. 179 124th General Assembly (As Passed by the General Assembly)

Sub. S.B. 179 124th General Assembly (As Passed by the General Assembly) Jennifer L. La Fayette Final Analysis Legislative Service Commission Sub. S.B. 179 124th General Assembly (As Passed by the General Assembly) Sens. Wachtmann, Jacobson, Prentiss, Mumper Reps. Seitz, Manning,

More information

IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS PLAINTIFF S PROPOSED JURY INSTRUCTIONS

IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS PLAINTIFF S PROPOSED JURY INSTRUCTIONS IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS KC Plaintiff ) ) Plaintiff, ) ) v. ) Case No.: 06 CV 1383 ) Defendant Doctor ) ) Defendant. ) PLAINTIFF S PROPOSED JURY INSTRUCTIONS Plaintiff submits

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

Massachusetts Legislature Reforms Medical Malpractice Legislation to Promote Apologies and Encourage Settlements

Massachusetts Legislature Reforms Medical Malpractice Legislation to Promote Apologies and Encourage Settlements Massachusetts Legislature Reforms Medical Malpractice Legislation to Promote Apologies and Encourage Settlements By: On November 4, 2012, a number of statutory provisions reforming the medical malpractice

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

SUPREME COURT OF FLORIDA Case No. SC05-1150

SUPREME COURT OF FLORIDA Case No. SC05-1150 SUPREME COURT OF FLORIDA Case No. SC05-1150 In Re: Petition to Amend Rule Rule 4-1.5(f)(4)(B) of the Rules of Professional Conduct / as follows: RESPONSE OF HARRY A. SHEVIN, ESQUIRE IN OPPOSITION TO PETITION

More information

SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE

SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE These instructions will be in three parts: first, general rules that define and control your duties

More information

Our Personal Injury Guidebook

Our Personal Injury Guidebook Our Personal Injury Guidebook Partnering with you on your road to recovery 2 Table of Contents Injured? You Must Take the Following Steps........... 3 Our Promise to Our Clients.................... 4 At

More information

No-Fault Automobile Insurance

No-Fault Automobile Insurance No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject

More information

TITLE I REDUCTION OF ABUSIVE LITIGATION

TITLE I REDUCTION OF ABUSIVE LITIGATION 109 STAT. 737 Public Law 104 67 104th Congress An Act To reform Federal securities litigation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America

More information

Florida Gulf Coast University "The Entrepreneur's Law School"

Florida Gulf Coast University The Entrepreneur's Law School Florida Gulf Coast University "The Entrepreneur's Law School" Basic Personal Injury Law by James L. O'Leary, Esq. Saturday January 28, 2006, 2 pm Entrepreneurs sometimes overlook the legal aspects of personal

More information

OKLAHOMA (CURRENT SYSTEM)

OKLAHOMA (CURRENT SYSTEM) OKLAHOMA (CURRENT SYSTEM) 1) MAKE-UP / STRUCTURE The Oklahoma Workers Compensation Court has exclusive jurisdiction (OWCC) over work related injury claims unless the employer fails to carry insurance and

More information

ILLINOIS LAW MANUAL CHAPTER I CIVIL PROCEDURE. A statute of limitations is a statute establishing a time limit for suing in a civil case,

ILLINOIS LAW MANUAL CHAPTER I CIVIL PROCEDURE. A statute of limitations is a statute establishing a time limit for suing in a civil case, If you have questions or would like further information regarding Statutes of Limitations, please contact: Christopher Johnston 312-540-7568 cjohnston@querrey.com Result Oriented. Success Driven. www.querrey.com

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

809.100 MEDICAL MALPRACTICE DAMAGES PERSONAL INJURY GENERALLY. 1

809.100 MEDICAL MALPRACTICE DAMAGES PERSONAL INJURY GENERALLY. 1 Page 1 of 5 809.100 MEDICAL MALPRACTICE DAMAGES PERSONAL INJURY GENERALLY. 1 (Use for claims filed on or after 1 October 2011. For claims filed before 1 October 2011, use N.C.P.I.-Civil 810.00 et seq.)

More information

Legal, Practical, and Ethical Considerations of Medical Malpractice Settlements

Legal, Practical, and Ethical Considerations of Medical Malpractice Settlements becker poliakoff bp@becker-poliakoff.com Legal, Practical, and Ethical Considerations of Medical Malpractice Settlements The Florida Bar Journal, January, 2009 Volume 83, No. 1 Reprinted with Permission

More information

Individual Pharmacist Professional Liability Insurance Policy

Individual Pharmacist Professional Liability Insurance Policy THIS IS A LEGAL CONTRACT -- PLEASE READ THIS CAREFULLY -- Individual Pharmacist Professional Liability Insurance Policy Table of Contents Page DEFINITIONS... 1 PROFESSIONAL LIABILITY COVERAGE... 3 SUPPLEMENTAL

More information

Department of Legislative Services Maryland General Assembly 2004 Session

Department of Legislative Services Maryland General Assembly 2004 Session Department of Legislative Services Maryland General Assembly 2004 Session HB 1237 FISCAL AND POLICY NOTE House Bill 1237 Judiciary (Delegate Vallario, et al.) Health Care Malpractice - Mandatory Mediation

More information

UTAH. Past medical expenses may be recovered. Plaintiffs must show that they have been injured and,

UTAH. Past medical expenses may be recovered. Plaintiffs must show that they have been injured and, UTAH Rick L. Rose Kristine M. Larsen RAY QUINNEY & NEBEKER P.C. 36 South State Street, Suite 1400 P.O. Box 43585 Salt Lake City, Utah 84111 Telephone: (801) 532-1500 Facsimile: (801) 532-7543 rrose@rqn.com

More information

PART III MEDICAID LIEN RECOVERY. 1) From the estate of the Medicaid recipient.

PART III MEDICAID LIEN RECOVERY. 1) From the estate of the Medicaid recipient. PART III MEDICAID LIEN RECOVERY 1. Basics: 1) For Medicaid benefits that are correctly paid, there are two major instances in which Medicaid may seek to impose and recover liens: 1) From the estate of

More information

Prepared By: The Professional Staff of the Committee on Judiciary REVISED:

Prepared By: The Professional Staff of the Committee on Judiciary REVISED: BILL: SPB 7030 The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The

More information

Medical Malpractice Litigation in Arizona

Medical Malpractice Litigation in Arizona Medical Malpractice Litigation in Arizona Michael J. Ryan Broening Oberg Woods & Wilson, P.C. mjr@bowwlaw.com ARIZONA S CURRENT LEGAL CLIMATE FOR MEDICAL MALPRACTICE LAWSUITS Trends in the number of medical

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

CHAPTER 2003-416. Committee Substitute for Senate Bill No. 2-D

CHAPTER 2003-416. Committee Substitute for Senate Bill No. 2-D CHAPTER 2003-416 Committee Substitute for Senate Bill No. 2-D An act relating to medical incidents; providing legislative findings; creating s. 395.0056, F.S.; requiring the Agency for Health Care Administration

More information

Compulsory Arbitration

Compulsory Arbitration Local Rule 1301 Scope. Compulsory Arbitration Local Rule 1301 Scope. (1) The following civil actions shall first be submitted to and heard by a Board of Arbitrators: (a) (b) (c) (d) Civil actions, proceedings

More information

HOW MICHIGAN MEDICAL MALPRACTICE TORT REFORM LEGISLATION HAS FARED IN MICHIGAN COURTS

HOW MICHIGAN MEDICAL MALPRACTICE TORT REFORM LEGISLATION HAS FARED IN MICHIGAN COURTS HOW MICHIGAN MEDICAL MALPRACTICE TORT REFORM LEGISLATION HAS FARED IN MICHIGAN COURTS TORT REFORM STATUTE OF LIMITATIONS FOR MINORS MCL 600.5851 Bissell v Kommareddi, 202 Mich App 578 (1993) Constitutionality

More information

FLORIDA PERSONAL INJURY PROTECTION

FLORIDA PERSONAL INJURY PROTECTION POLICY NUMBER: COMMERCIAL AUTO CA 22 10 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA PERSONAL INJURY PROTECTION For a covered "auto" licensed or principally garaged in,

More information

PREVIEW. 1. The following form may be used to file a personal injury lawsuit.

PREVIEW. 1. The following form may be used to file a personal injury lawsuit. Information or instructions: Plaintiff's original petition-auto accident 1. The following form may be used to file a personal injury lawsuit. 2. It assumes several plaintiffs were rear-ended by an employee

More information

MONTANA MEDICAL MALPRACTICE LIABILITY LAW

MONTANA MEDICAL MALPRACTICE LIABILITY LAW MONTANA MEDICAL MALPRACTICE LIABILITY LAW A Report to the Subcommittee on Medical Malpractice Liability Insurance Prepared by John MacMaster November 2003 Published By Legislative Services Division PO

More information

About Mcare. (ii) Pay expenses of the fund incurred during the preceding claims period.

About Mcare. (ii) Pay expenses of the fund incurred during the preceding claims period. The Medical Care Availability and Reduction of Error Fund ( Mcare ) was created by Act 13 of 2002 ( Act 13 ), and signed into law on March 20, 2002. Mcare is the successor to the Medical Professional Liability

More information

Our Personal Injury Guidebook

Our Personal Injury Guidebook Our Personal Injury Guidebook Partnering with you on your road to recovery 2 Table of Contents Injured? You Must Take the Following Steps........... 3 Our Promise to Our Clients.................... 4 At

More information

FARAH & FARAH RULES OF LAW

FARAH & FARAH RULES OF LAW RULES OF LAW Injury Case Roadmap: The Legal Process for Personal Injury Cases BY EDDIE E. FARAH & CHARLIE E. FARAH, ATTORNEYS AT LAW ...insurance companies more and more are being run by bean counters,...

More information

Fridman v. Safeco Insurance Co., 41 Fla. Law Weekly S62 (Fla. February 25, 2016):

Fridman v. Safeco Insurance Co., 41 Fla. Law Weekly S62 (Fla. February 25, 2016): Clark Fountain welcomes referrals of personal injury, products liability, medical malpractice and other cases that require extensive time and resources. We handle cases throughout the state and across

More information

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016 2014 Construction of Statute Definition of Injury (Causation) Revises Section 50-6-116, Construction of Chapter, to indicate that for dates of injury on or after July 1, 2014, the chapter should no longer

More information

The New Jersey Workers Compensation Process from a Defense Attorneys Perspective. TRICO JIF Planning Retreat

The New Jersey Workers Compensation Process from a Defense Attorneys Perspective. TRICO JIF Planning Retreat The New Jersey Workers Compensation Process from a Defense Attorneys Perspective Presented to: TRICO JIF Planning Retreat Benjamin F. Smith, Esq. 856 761 3773; bfs@pslawnj.com July 31, 2015 Overview How

More information

An action brought against an attorney alleging negligence in the practice of

An action brought against an attorney alleging negligence in the practice of 5.51 LEGAL MALPRACTICE (Approved 6/79) CHARGE 5.51A Page 1 of 9 A. General Duty Owing An action brought against an attorney alleging negligence in the practice of law is referred to as a malpractice action.

More information

Notice of Rulemaking Hearing. Department of Commerce and Insurance Insurance Division

Notice of Rulemaking Hearing. Department of Commerce and Insurance Insurance Division Notice of Rulemaking Hearing Department of Commerce and Insurance Insurance Division There will be a hearing before the Insurance Division of the Department of Commerce and Insurance ( Division ) to consider

More information

trial court and Court of Appeals found that the Plaintiff's case was barred by the statute of limitations.

trial court and Court of Appeals found that the Plaintiff's case was barred by the statute of limitations. RESULTS Appellate Court upholds decision that malpractice action barred September 2, 2015 The South Carolina Court of Appeals recently upheld a summary judgment obtained by David Overstreet and Mike McCall

More information

Insurance Coverage In Consumer Class Actions

Insurance Coverage In Consumer Class Actions This article first appeared in the October 2010 issue of The Corporate Counselor. Insurance Coverage In Consumer Class Actions John W. McGuinness and Justin F. Lavella The business world is an increasingly

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1150 COMMENTS OF DAN CYTRYN, ESQUIRE OF LAW OFFICES CYTRYN & SANTANA, P.A.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1150 COMMENTS OF DAN CYTRYN, ESQUIRE OF LAW OFFICES CYTRYN & SANTANA, P.A. IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1150 IN RE: PETITION TO AMEND RULE 4-1.5(F)(4)(B) OF THE RULES OF PROFESSIONAL CONDUCT / COMMENTS OF DAN CYTRYN, ESQUIRE OF LAW OFFICES CYTRYN & SANTANA, P.A.

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ALFREDO MEJIA, ) ) Appellant, ) ) v. ) Case No. 2D13-2248 ) CITIZENS

More information

Anatomy Of A Medical Malpractice Lawsuit

Anatomy Of A Medical Malpractice Lawsuit Anatomy Of A Medical Malpractice Lawsuit Brian D. Goldwasser White, Getgey & Meyer Co. LPA One West Fourth, Suite 1700 Cincinnati, OH 45202 (513) 241-3685 2011 Closed Claims Report From Department of Insurance

More information

No. 64,976. [November 1, 1984] The Supreme Court Committee on Standard Jury Instructions

No. 64,976. [November 1, 1984] The Supreme Court Committee on Standard Jury Instructions ,. No. 64,976 THE FLORIDA BAR RE: STANDARD JURY INSTRUCTIONS - CIVIL (PROFESSIONAL l1alpractice) [November 1, 1984] McDONALD, J. The Supreme Court Committee on Standard Jury Instructions (Civil) has submitted

More information

RUTGERS THE STATE UNIVERSITY OF NEW JERSEY

RUTGERS THE STATE UNIVERSITY OF NEW JERSEY RUTGERS THE STATE UNIVERSITY OF NEW JERSEY RUTGERS BIOMEDICAL HEALTH SCIENCES PROFESSIONAL LIABILITY PROGRAM OF SELF-INSURANCE Blanket Information Policy Statement for University: Physicians Surgeons Dentists

More information

Medical Malpractice Defenses

Medical Malpractice Defenses Ch24-A04438 9/18/06 1:46 PM Page 257 C H A P T E R 2 4 Medical Malpractice Defenses S. Sandy Sanbar, M.D., Ph.D., J.D. GOLDEN RULES 1. The physician should be knowledgeable of the general defense theories

More information

What to expect when you are injured in a New York accident!

What to expect when you are injured in a New York accident! What to expect when you are injured in a New York accident! An ebook by Stuart DiMartini 1325 Sixth Avenue, 27 th Floor New York, NY 10019 dimartinilaw.com 2012 Law Offices of Stuart DiMartini P a g e

More information

2015 IADC Mid-Year Meeting. Marco Island, Florida. Medical Liability and Health Law Committee Meeting

2015 IADC Mid-Year Meeting. Marco Island, Florida. Medical Liability and Health Law Committee Meeting 2015 IADC Mid-Year Meeting Marco Island, Florida Medical Liability and Health Law Committee Meeting Constitutional Challenges to Non-Economic Damages Caps The Florida Experience Jeptha F. Barbour, Esq.

More information

809.142 MEDICAL MALPRACTICE DAMAGES WRONGFUL DEATH GENERALLY. 1

809.142 MEDICAL MALPRACTICE DAMAGES WRONGFUL DEATH GENERALLY. 1 Page 1 of 5 809.142 MEDICAL MALPRACTICE DAMAGES WRONGFUL DEATH GENERALLY. 1 (Use for claims filed on or after 1 October 2011. For claims filed before 1 October 2011, use N.C.P.I.-Civil 810.42 et seq.)

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

[July 16, 19871 REVISED OPINION. We have for review two cases of the district courts of

[July 16, 19871 REVISED OPINION. We have for review two cases of the district courts of FLORIDA PATIENT'S COMPENSATION FUND, Petitioner, VS. GEORGE BOUCHOC, et a1., Respondents. No. 69,230 WINTER HAVEN HOSPITAL, INC., Petitioner, VS. No. 69,493 FLORIDA PATIENT'S COMPENSATION FUND, Respondent.

More information

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction What Trustees Should Know About Florida s New Attorneys Fee Statute By David P. Hathaway and David J. Akins Introduction More and more lawsuits are filed in Florida alleging that the trustee of a trust

More information

PHYSICIAN PROFESSIONAL LIABILITY INSURANCE ENTITY APPLICATION

PHYSICIAN PROFESSIONAL LIABILITY INSURANCE ENTITY APPLICATION PHYSICIAN PROFESSIONAL LIABILITY INSURANCE ENTITY APPLICATION All questions must be answered completely If the answer to any question is NONE or NOT APPLICABLE, so state Upon receiving a copy of your final

More information

A Bill Regular Session, 2015 SENATE BILL 830

A Bill Regular Session, 2015 SENATE BILL 830 Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders

More information

PERSONAL INJURIES PROCEEDINGS BILL 2002

PERSONAL INJURIES PROCEEDINGS BILL 2002 1 PERSONAL INJURIES PROCEEDINGS BILL 2002 EXPLANATORY NOTES General Outline Purpose of legislation The main purpose of this Act is to facilitate the ongoing affordability of insurance through appropriate

More information

Memorandum. Trial Counsel in Medical Malpractice Cases. John E. Wetsel, Jr., Judge. From: Date: December 11, 2012. Sample Instructions.

Memorandum. Trial Counsel in Medical Malpractice Cases. John E. Wetsel, Jr., Judge. From: Date: December 11, 2012. Sample Instructions. Memorandum To: From: Trial Counsel in Medical Malpractice Cases John E. Wetsel, Jr., Judge Date: December 11, 2012 Subject: Sample Instructions ============================== Here is a complete set of

More information

MICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY

MICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY WHAT IS LEGAL MALPRACTICE IN CALIFORNIA? A client who sustains harm as a direct result of legal malpractice can file a civil lawsuit against the attorney who was responsible for causing that harm. MICHAEL

More information

Information for Worker s Compensation Clients

Information for Worker s Compensation Clients Information for Worker s Compensation Clients Overview of the Worker s Compensation Act Indiana Worker s Compensation cases are governed by a State law known as the Worker s Compensation Act. The legislature

More information

Public Policy Position

Public Policy Position ISSUE In line with the overall tort system, the purpose of medical malpractice liability is to compensate patients who suffer an injury as a result of medical negligence. However, an effective tort system

More information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions

More information