In a 4-to-3 ruling, the Florida Supreme Court today affirmed the decision of the Fourth District Court of Appeal that the Florida statute establishing caps on noneconomic damages in medical malpractice personal injury cases is unconstitutional. In its ruling, the…
How will last week’s Daubert ruling affect your practice?
In the wake of the recent ground breaking Florida Supreme Court ruling, the timing for Daubert University at the 2017 Workhorse Seminar could not be more perfect.
“This Florida Supreme Court Opinion is a game changer for cases with Daubert challenges pending.”
– Paul Jess, Florida Justice Association Interim Executive Director
In a major victory for civil justice advocates, the Florida Supreme Court has declined to adopt, to the extent they are procedural, the changes to the Florida Evidence Code and statutes created by the 2013 passage of the Daubert and…
Compiled by Don Freeman, FJA Legislative Analyst
St. Joseph’s Hospital, Inc. v. Jane Doe
Opinion from the Second DCA filed January 13, 2017
Appellant claimed she was sexually assaulted by an employee of St. Joseph’s while a patient in its mental health unit. Count one of the complaint alleged negligence for failing to prevent the attack from happening. Count two alleged violations of § 766.110, Fla. Stat., entitled “Liability of Healthcare Facilities,” for failing to have and comply with a comprehensive risk management program, pursuant to § 395.0197, Fla. Stat., tasked with investigating and reviewing “adverse incidents.” St. Joseph’s tried to argue that summary judgment should be granted because this was a medical malpractice case and presuit was not followed. Trial court denied on both counts.
Posted on myPalmBeachPost: 6:00 a.m. Saturday, January 07, 2017
By Frank Cerabino – Palm Beach Post Staff Writer
By my count, this is Plan E.
I’m talking about the latest harebrained attempt launched from the Florida Legislature to invalidate the state’s highest court.
Florida lawmakers have long ago realized that some of their most precious plans could be realized if it weren’t for those pesky guys and gals in the black robes on the Florida Supreme Court.