By Richard L. Allen, Jr. Injury attorneys are aware of the challenges that often arise when attempting to obtain a client’s medical records. Regardless of the type of “injury” that we are discussing, it is vital for the attorney to obtain a complete set of records relating to the client’s injuries and treatment. However, other attorneys, be it business, tax, probate, or other practices, sometimes need to obtain medical records to assist in the representation of...

By Debra P. Klauber. Artificial intelligence (AI) is coming to a law firm near you. In fact, if you consider the technology being used by Westlaw and Lexis, it is already here. Likewise, just in case you haven’t heard, the latest versions of these chatbots are capable of passing the Multistate Bar Exam as well as law school final examinations, so the time has come for us to properly consider how these advancements can, and should,...

By Debra P. Klauber. On March 24, 2023, the latest round of tort reform measures were signed into law in Florida. While there are a number of implications, the following is a summary of what these changes mean to those who are injured at the hands of another. The law is purposefully designed to reduce litigation and its impact will be felt most by people with personal injury claims, and those who represent them. Here’s what...

By Richard L. Allen, Jr. We recently wrote an HPS Legal Alert that discussed the challenges and frequency of medication errors, and the impact this has on patients who are victims of medical malpractice. Knowledge of the common types of medication errors greatly assists in the process of trying to determine if a patient’s injury is related to a medication. As a reminder, the most common errors usually occur at one of these points: Ordering/prescribing Documenting...

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....

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...