By Michael M. Riedhammer, B.C.S.  Workers’ compensation in Florida is governed primarily by statute. That law puts virtually exclusive control over which doctor treats an injured worker in the hands of the employer and the insurance carrier (E/C). The injured worker has very little to say about who he or she receives medical treatment from. When an injured worker is unhappy with the medical treatment they receive, they have one option if they are to stay...

By Kenneth J. Miller. In December 2022, the Agency for Healthcare Research & Quality (the AHRQ) published new findings regarding diagnostic errors made when a patient is in an Emergency Department (ED). The AHRQ is one of twelve agencies within the United States Department of Health & Human Services. The AHRQ contracted with researchers from Johns Hopkins University to study decades of data relating to these errors. The AHRQ report is now available to the public....

The birth process is complex. Medical professionals involved in the birthing process – doctors, midwives, nurses and others – are typically well-trained. In most cases, the mother and child fare well during and after birth. But sometimes, things go wrong. While some birth injuries are unavoidable, others are the result of medical malpractice.  A lawyer who specializes in dealing with birth injury cases can help you evaluate whether an injury to the child or the...

By Richard B. Schwamm. Hospitals have a responsibility to provide an adequate number of nurses and physicians on staff at all times in order to provide the appropriate level of care to a patient during their stay. Agencies like the Florida Agency for Healthcare Administration, Department of Health, and accrediting organizations like the Joint Commission impose obligations on hospitals to ensure patient safety. As numerous media outlets have reported, hospitals in Florida and around the United...

By Kenneth J. Miller. In our prior two alerts, we discussed some of the difficulties, specifically in the State of Florida, to successfully prove a violation of the Standard of Care and Causation in medical malpractice cases. In this alert, we will discuss Damages, which some may say is the most challenging factor of every successful case. Because even if you prove a violation of the Standard of Care or Causation, none of that matters if...

By Kenneth J. Miller. In our previous HPS Legal Alert, we discussed that when attorneys bring forth a medical malpractice claim, they need to prove that there was a violation of the Standard of Care. In this alert, we will discuss the second step to successfully proving liability in a medical malpractice claim, which is to establish Causation. Many articles discuss what negligence is and how to prove it, but Causation is often an overlooked...

By Kenneth J. Miller. In every negligence case the elements are the same: duty, breach, causation, and damages. Medical malpractice cases are a specific type of negligence case. The difference is that when bringing a medical malpractice claim, instead of discussing the duty and breach, the legal discussions revolve around whether there was a violation of the Professional Standard of Care. What to Prove? The Florida legislature enacted Chapter 766 of the Florida Statutes in...

By James S. Haliczer. The law requires a medical malpractice plaintiff to present the testimony of a qualified expert or face a directed verdict at the close of the case in chief.  While the testimony of a defendant doctor in a medical malpractice case is important, the plaintiff attorney’s expert’s testimony is of equal, if not greater, significance. Therefore, the initial expert selection process is a critical element to a successful case, especially a medical...