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...

By Debra P. Klauber. The Florida Supreme Court, on its own motion, recently amended Florida Rule of Civil Procedure 1.442, which governs the procedural aspects of proposals for settlement. The court explained that the changes were made in an effort to “align” the rule of procedure with the substantive portion of the Florida Statute (section 768.79) dealing with such settlement proposals. Because the statute does not specifically refer to any “nonmonetary” terms, the court specifically...

By Richard L. Allen, Jr. There are approximately 6,800 prescription and numerous over-the-counter medications and supplements that people in the U.S. use to treat a variety of health problems. Even the best physician, nurse, pharmacist or technician cannot be familiar with all exact dose amounts, routes of administration, and the types of drug interactions that can occur. Unfortunately, in the U.S., this results in 7,000-9,000 people dying and thousands more suffering injuries per year, all...

By Michael M. Riedhammer, B.C.S.  An employee just fell while working! Will he or she receive workers’ compensation benefits? Do we know why the fall occurred? Or do we have no idea what caused the fall? What exactly was he or she doing when the fall took place? Was it something related to their job?  Valcourt-Williams is the Answer! Just short of three years ago we thought we had all the answers when the First...

By Richard B. Schwamm. The annual check-up is the time when patients can see their physician and discuss the need preventative care services such as screening tests, x-rays, and other tests that may detect early signs of serious illness. The “failure of preventative care” occurs when routine or well-known standards of practice are not followed because the physician misunderstands the patient’s risk factors, fails to recommend necessary treatment or fails to order the right tests....

By Debra P. Klauber and Trisha Widowfield. Perhaps the question is rhetorical, but “are men and women treated the same in medical research, diagnosis and treatment?”* In our view, the answer is a resounding “no” and some of the statistics are shocking. Women are not offered the same treatment as men in many common conditions such as coronary artery disease, Parkinson’s disease, irritable bowel syndrome, neck pain, and arthritis. Most adverse events related to prescription...