Skip to Content
Search Site Menu

Our attorneys are routinely contacted by the news media to comment on legal issues. To coordinate interviews, journalists should contact Gonzalo Perez, the firm’s administrator:
(954) 523-9922 or via e-mail at firm@hpslegal.com.

Say it Ain’t So!

Say it ain’t so! Broward litigators are becoming more polite in the courtroom…due to the pandemic? Hear what HPS co-founding partner James S. Haliczer and other top senior law firm partners are saying in the Daily Business Review article It Took a Pandemic and a Committee, but Broward Litigators Have Become More Polite, about the Broward Circuit Court’s new civility pilot program to keep attorneys nice during litigation when things return to normal.

Read the Full Article

(L to R) Broward Circuit Court Chief Judge Jack Tuter; Jamie Alan Cole, a partner at Weiss Serota Helfman Cole & Bierman; Jim Haliczer, a partner at Haliczer Pettis & Schwamm; Gary Rosen, managing shareholder at Becker & Poliakoff. (Photos: J. Albert Diaz/ALM)

COVID-19 is Complicating Things: Likely Trends in Medical Malpractice

COVID 19 is complicating thingsWe hear daily about the public health and economic impacts of the Covid-19 pandemic. The news focuses first on the deaths that this horrible disease has caused. Second, the focus is naturally on the sweeping unemployment that the disease has caused and speculation on what the long term impact will be. These are undoubtedly troubling times. What do we think about the impact of Covid-19 on medical malpractice litigation? There are several trends likely to evolve into a new normal for medical malpractice lawyers.

First, because medical malpractice cases require expert witnesses and they often reside in cities where major hospitals and tertiary care centers are located, there was a lot of travel for depositions and conferences. This travel took the lawyers from Boston to New York to Los Angeles to San Francisco and more. It’s our view that because those very same depositions and conferences have been conducted via video conference for several months now that this will be the new normal in the medical malpractice litigation space. The amount of travel will be reduced significantly and, consequently, the cost of litigating these cases will drop and the billable hours available to defense attorneys will as well.

Second, those of us who practice regularly in the medical malpractice litigation space know that cases rarely settle until a trial date has been assigned and the insurance companies know that they’re either going to have to pay up in settlement or face a reckoning in the courtroom. Without trial dates that pressure cannot be brought to bear on the insurance companies who insure health care providers. How exactly this will alter case resolution strategies within particular insurance companies is still an open question. However, three possibilities seem most likely:

  1. One, the companies will realize that they don’t have to pay and they’ll keep their money as long as they can;
  2. Two, companies may believe that because without trials there will be great delays that plaintiffs will accept less money and attempt to resolve the cases for some number of cents on the dollar;
  3. Third, the impact of the pandemic on the health care delivery system itself has been unique. The providers have been focusing on Covid-19 patients and their emergencies while routine health care and serious, but not emergent conditions, have gone unmanaged. That probably means that there is a fair amount of medical malpractice being committed, albeit unrelated to Covid-19. This could represent a significant uptick in new cases sometime in late 2021 or early 2022.

We here at HPS have been monitoring the Covid-19 pandemic and its implications for our practice from the very start. We’ve implemented all of the necessary technology to conduct video conferences with just about anybody at any time for any reason. We’ve continued to notice cases for trial, albeit with the knowledge that the cases likely won’t go to trial. And, we’re even beginning to see some cases that arise out of neglect due to office closures, refusals to perform elective procedures, etc. What we will continue to tell the community, whether Covid-19 related or not, is be your own advocate in your healthcare routines and if you feel that you’ve suffered a loss or experienced a bad outcome due to medical negligence, call the attorneys at Haliczer Pettis & Schwamm. We can help.

Click here to download the article as a PDF.

Top 5 Legal Insights to Help You Navigate During Covid 19

HPS Partner Kenneth J. Miller and top attorneys in their fields give valuable tips and legal updates to help you navigate during these challenging times in this informative webinar “Top 5 Legal Insights to Help You Navigate During Covid 19.”

Watch the Webinar on YouTube:
COVID-19 Webinar

 

Eugene K. Pettis named to Florida Trend’s FLORIDA 500

Eugene Pettis Named to Florida 500Congratulations to HPS Senior Partner and co-founder Eugene K. Pettis for, once again, being named to Florida Trend’s FLORIDA 500, which spotlights the 500 most influential business leaders throughout the state. This special edition recognizes CEOs of enduring influence and activity within their sectors to curate the Florida 500 list. Mr. Pettis has been serving the Florida community for 35 years which has earned him many accolades and prestigious positions – namely becoming the first African American president of the FL Bar in 2013. His law firm, Haliczer Pettis & Schwamm celebrated its 24th year in business this year and continues its mission to help individuals and families recover from medical malpractice, wrongful death and catastrophic injuries. Thank you to Florida Trend for recognizing Mr. Pettis’ outstanding works and contributions to the legal profession and the community at large.

Click Here to Read Full Article