Since 1990, Florida has maintained a statute that has come to be commonly referred to as the “Free Kill” law. The statute, section 768.21(8), is located in the damages portion of the Wrongful Death Act. The legislative intent of the Wrongful Death Act is set forth in section 768.17: It…
Republicans control all phases of lawmaking at the state level in Florida. This has been the case since the election of Jeb Bush as governor in 1998, complementing their majorities in the Florida House and Senate. Presently, they rule by supermajority in the Legislature, meaning they don’t have to negotiate…
In every negligence action for injuries or wrongful death the plaintiff must establish (1) a duty owed by the defendant; (2) the defendant’s breach of the duty; and (3) and that said breach proximately caused the damages claimed. In negligence actions Florida courts follow the more likely than not standard…
It is common for health and disability (lost wages) insurance companies to pay benefits to their insureds who have been injured through the negligence of others. Most of the insurance policies contain language granting the insurance company a right of reimbursement for the money it has paid out from the…
The difficulties and limitations associated with medical negligence claims are many. The list includes: Medical malpractice claims have a shorter statute of limitations than ordinary negligence claims — two years versus four years. See § 95.11(4)(b) and § 95.11(3)(a). Prospective medical malpractice plaintiffs must comply with complex and costly presuit…
I have railed at length in this blog against a Florida law that allows medical providers alone to avoid the same legal liability everyone else faces for causing the negligent loss of life. The offensive statute is section 768.21(8), Florida Statutes, which is part of Florida’s Wrongful Death Act. Section…
Civil disputes arising from death due to negligence are governed by statutes 768.16-768.26, known as the “Florida Wrongful Death Act.” Section 768.17 sets forth the legislative intent of the Act: “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors…
Most people are surprised to learn that most hospital emergency room physicians are not hospital employees. Instead, they are independent contractors. “An independent contractor is a natural person, business, or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal agreement.…
Here is my Letter to the Editor, word for word, that was published by the Miami Herald on June 25, 2014: WRONGFUL DEATH CAP Re the June 19 letter DeGennaro the best person to lead Miami VA: While Barth Green may be a prominent South Florida doctor, he is hardly…
In McCall v. United States of America, the Florida Supreme Court declared that the statutory cap on noneconomic damages in medical malpractice cases was unconstitutional. (In reaching this conclusion, the court determined that the numbers Governor Jeb Bush and his cronies presented to the Florida Legislature to demonstrate a medical…