Professional Liability Advocate

Professional Liability Advocate

Category Archives: Medical Malpractice

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Florida Supreme Court Rulings Affecting Health Care Providers

Posted in Healthcare, Medical Malpractice, Professional Liability
1. It is well established that Florida physicians are required to report any adverse incident that occurs in their office to the Department of Health. Discovery of these reports is a patient’s constitutional right under Article X, section 25 of the Florida Constitution (Amendment 7). Now, it also appears that adverse incident reports to any… Continue Reading

Claims of Negligent Hiring, Supervision or Retention Draw Hospitals into Abuse Cases

Posted in Employment, Medical Malpractice, Professional Liability
Hospitals are commonly named as defendants in medical malpractice lawsuits for claims arising from alleged injuries within their walls, but what is their exposure to liability for claims that arise from alleged sexual assaults by staff on their premises? In September 2016, the Atlanta Journal-Constitution released a five-part investigative series examining the alleged epidemic of… Continue Reading

Obamacare in the Courtroom: In the Matter of Double Recovery

Posted in Healthcare, Insurance, Medical Malpractice, Professional Liability
The Patient Protection and Affordable Care Act (ACA), a/k/a Obamacare, was drafted to make health care and health insurance more affordable and more available to more Americans as well as to relieve some of the burden on Medicaid. However, the ACA also may have an impact on personal injury litigation. In particular, this legislation may… Continue Reading

Arbitration of Nursing Home Suits: Take Two

Posted in Alternative Dispute Resolution, Medical Malpractice
Quasi Tort Reform in Nursing Home Litigation Is on the Way! Last fall, I posted a blog about the national trend of including arbitration provisions in nursing home admission agreements. This trend peaked following the U.S. Supreme Court’s decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (2012), in which the Court determined… Continue Reading