Miami medical malpractice lawyer Tag Archives

June 19, 2017

Florida Supreme Court Strikes Down Caps on Medical Malpractice Damages

For over a decade, Florida patients who were injured by a doctor’s negligence or malpractice have been limited in the amount they could recover in compensation. In medical malpractice lawsuits, injured patients could only recover $500,000 in damages for their pain and suffering, or up to $1 million in cases of catastrophic injuries. Recently, the state’s highest court found that these limits are unconstitutional, opening the door for injured people to recover full compensation for their injuries. Our medical malpractice attorneys in Miami are happy to see that the highest court in the land has ruled against these caps. Not surprisingly, the caps have made it more difficult to access courts and for medical malpratice victims recover for negligent healthcare services.

Broward Case Challenges Law

In 2003, then-Governor Jeb Bush signed into law a piece of legislation meant to protect doctors from the rising costs of practicing medicine. The law aimed to correct what the legislature called a “medical malpractice insurance crisis.” According to the governor and the supporting legislators, the high cost of physicians’ medical malpractice insurance premiums was forcing doctors to either leave Florida to practice in another state or retire from practicing medicine early.

March 13, 2015

Be Aware of Pharmacist Liability for Drug-Related Injuries

by Gerson & Schwartz, P.A.

When we think of medical errors, we usually think of medical malpractice, or errors by other medical providers or facilities. We don’t often think of pharmacists. But where a medication creates an adverse effect—including death—it’s important for someone who is injured to consider the liability that a pharmacist may have.

When Pharmacists are Liable

Suits against pharmacist may include:

November 21, 2014

Forced Arbitration in Medical Malpractice Cases Could Take Away Your Right to a Jury

by Gerson & Schwartz, P.A.

If you are injured as a result of medical malpractice, you probably have the expectation that you’ll get your day in court, the chance to tell your story to a jury of your peers, and the opportunity to confront those who have wronged you.

More and more, however, doctors are trying to use forced, compelled arbitration to deny you that right. It’s a practice that is very harmful to Florida patients and consumers, and unfortunately, the law is very unclear whether these arbitration agreements are permissible or not.

What is Arbitration?