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If you or a loved one will be having surgery, it’s likely that you will be asked by your doctor’s office, clinic, hospital or other medical venue to sign a form known as a consent form. This form usually contains language about the risks of the procedure and often attempts to have you, as the patient, waive your right to bring claims if there are complications. The waiver language within the consent form can often...

HPS Senior Partner Richard Schwamm will be a panelist at the upcoming CommonSpirit Health Perinatal Summit, to be held October 23-25, 2024, at Creighton University in Phoenix, Arizona. Richard’s panel presentation title will be “Lessons from Our Legal Experts,” and will take place on October 24 at 1:15 p.m. His presentation will focus on the common mistakes seen in medical malpractice litigation related to medical care during labor and delivery. Learn more about CommonSpirit Health’s...

Haliczer Pettis & Schwamm (HPS), a leading Florida medical malpractice law firm, is extremely pleased to announce that every single one of our attorneys is listed in the latest edition of The Best Lawyers in America! Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Each attorney’s The Best Lawyers in America rankings include the following notable practice areas: James Haliczer Medical Malpractice Law...

This two-day training program hosted by the OCBA and sponsored by HPS is designed especially for young lawyers. Participants will learn from the experts on how to navigate the court system and practice with professionalism and success. These practical sessions – and much more – will help new attorneys become professional, confident, and successful practitioners in Orange County and beyond.  HPS Partner Richard Schwamm will be presenting on his favorite topic, LAWYER NETWORKING & RELATIONSHIP BUILDING,...

Florida is a haven for many people seeking great weather, job opportunities, and a lack of state income tax. It’s considered to have a vigorous healthcare industry, particularly due to the number of retired people who decide to call Florida home. And yet, every year there are thousands of medical malpractice lawsuits that are filed against the doctors and other healthcare professionals who practice in the state. In fact, the National Practitioner Database, a database...

Medical malpractice cases are complex and require substantial evidence to support claims of negligence or wrongdoing by healthcare providers. The burden of proof lies with the plaintiff, who must present evidence that the healthcare provider deviated from the standard of care, resulting in harm. The following elements typically serve as evidence in a medical malpractice case in Florida: Medical Records At the heart of a medical malpractice case are medical records. These typically include documentation...

Haliczer Pettis & Schwamm (HPS), a leading Florida medical malpractice law firm, is pleased to announce that five attorneys have been recognized as Florida Super Lawyers for 2024. James Haliczer, Eugene Pettis, Richard Schwamm and Trisha Widowfield are all listed in the “Personal Injury Medical Malpractice: Plaintiff” area. Debra Klauber is listed in the “Appellate” area. No more than 5% of the lawyers in the state are selected by the research team at Super Lawyers...

Medical malpractice occurs when a hospital, doctor, nurse or other healthcare provider fails to meet the standard of care that another provider, in the same situation, with the same credentials, would have met. A patient who is seeking to prove that the medical provider was negligent must show the following elements: A duty of care. Typically, this requires showing that there is a doctor-patient relationship. The healthcare professional breached that duty of care.   The doctor’s...