Recent Blog Posts
Burden of Proof in a Medical Malpractice Case
Medical malpractice cases require the injured party, or plaintiff, to prove–by the greater weight of the evidence–that a healthcare provider was negligent and caused the plaintiff’s injuries, per Florida Statutes § 766.102. This requirement, called the burden of proof, typically rests with the patient filing the lawsuit. Another way to describe it is that… Read More »
Are Doctors Liable for a Misdiagnosis?
Doctors may be liable for misdiagnosis if patients suffer serious injuries or advancing disease as a result. They will also need to show that the doctor failed to provide an acceptable level of care in analyzing and diagnosing their symptoms. Misdiagnosis, failure to diagnose, and other diagnostic errors are common allegations in medical malpractice… Read More »
What Is the Difference Between Medical Malpractice and Negligence?
Medical malpractice occurs when a doctor or another healthcare provider acts negligently, meaning their careless or reckless actions cause a patient to suffer preventable harm. Victims of medical malpractice can hold the at-fault parties accountable and recover compensation just like victims of other negligence injuries can. Florida law has specific legal definitions and processes… Read More »
When Should You Hire a Medical Malpractice Lawyer in Florida?
You should hire a Florida medical malpractice lawyer as soon as you suffer an injury you believe resulted from a medical error. The state has complex medical malpractice laws, and medical negligence can be challenging to prove. Engaging legal help from the outset can give your attorney plenty of time to build a solid… Read More »
What Is the Average Settlement for Cancer Misdiagnosis?
Payouts for a cancer misdiagnosis can vary widely based on the claim’s circumstances. Therefore, there is no set average settlement for injuries and damages caused by diagnostic errors. A cancer misdiagnosis can be a life-or-death mistake, resulting in unnecessary suffering and potentially avoidable financial losses. If you suffered harm due to medical negligence, continue… Read More »
Cauda Equina Syndrome Caused by Medical Malpractice
Cauda equina syndrome (CES) is a rare but serious health condition that can result from a failure to diagnose and treat the signs of a cauda equina injury. If you or your loved one has cauda equina syndrome caused by medical malpractice, a liable party may owe you compensation. Read on to learn more… Read More »
Chemotherapy Overdose and Filing a Cancer Malpractice Claim: Everything You Need to Know
Chemotherapy is somewhat unique in the medical world in the sense that it is a kind of poison that damages cells in the human body; of course, this is the whole point when Florida healthcare providers implement chemo in connection with treating cancer. Researchers at the Mayo Clinic in Jacksonville, FL, explain that chemotherapy… Read More »
South Florida Trial Attorney Philip Freidin Receives FJA’s Highest Honor
[Miami, Florida – September 2023] – On Thursday, September 28, the Florida Justice Association recognized Miami attorney Philip Freidin for his lifetime dedication to the pursuit of justice by awarding him the Perry Nichols Award, which is the highest honor that the FJA bestows. Phillip Freidin is the founder of Freidin Brown, P.A. and… Read More »
Top Hospital Errors Revealed In Leapfrog Safety Report Fall 2022
A national watchdog group that focuses on patient safety in health care recently issued its findings on the performance of hospitals across the US, and the news is good for Florida. The Leapfrog Group released its Hospital Safety Grade Report for Fall 2022, revealing that the state falls in the Top 10 for the… Read More »
Will I Need To Do A Physical Examination For A Medical Malpractice Case?
It may not come as welcome news, but there is a good possibility that you must undergo a physical examination when pursuing a claim for medical malpractice. This issue often arises even before litigation gets underway, as Florida’s medical malpractice statute imposes certain presuit rules. A plaintiff cannot file a lawsuit until 90 days… Read More »
Nursing Errors Are Common Considering Care Times By Florida Providers
If you have spent any time at a typical Florida hospital as a patient or visitor, one issue regarding the interactions and movement of staff becomes apparent. Nurses seem to spend a lot more of their daily routine with patients as compared to physicians. In fact, studies have been conducted regarding this phenomenon. Researchers… Read More »
Birth Injury Cases Consolidated: Claims Link Acetaminophen And Autism
Class action lawsuits are in the news quite often, but proceedings in a recent case should be of interest for parents of children with autism spectrum disorder and attention deficit hyperactivity disorder (ADHD). A recent article published by Reuters covers the development, in which 66 cases involving claims of birth injuries from acetaminophen were… Read More »
Comparing Florida Nursing Home Injury And Medical Malpractice Cases
malpractice claims. They both involve health care providers and the individuals who receive care from them, as well as some type of misconduct that causes harm. Fortunately, med mal and nursing home injury claims also allow victims to pursue the wrongdoer for compensation. Under Florida’s medical negligence statute and laws covering assisted living facilities,… Read More »
Defenses In Florida Hospital Errors Cases
While some medical mistakes can be the result of negligence by an individual health care provider, Florida law also allows patients to pursue hospitals that cause harm. In fact, the National Institutes of Health (NIH) points out that many medical errors are the result of defects at the enterprise level. Entire health care systems… Read More »
Damages in Florida Medical Malpractice Cases
Damages in a medical malpractice case are intended to make the victim whole after being harmed by a healthcare provider’s negligence, and there is one important fact that stands out initially. Statistics reported by Forbes indicate that Florida ranked second for medical malpractice payouts by state in 2022, with compensation to victims hitting $382… Read More »