Legislative Success in FL Suggests Time is Ripe for Further Genetic Nondiscrimination Protections
Florida’s recent legislation highlights there is continued bipartisan interest in addressing concerns of genetic discrimination in insurance.
Florida
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Read more: Legislative Success in FL Suggests Time is Ripe for Further Genetic Nondiscrimination Protections -
Read more: A Look at Florida’s Decade-Long Effort to Curb the Opioid Epidemic A Look at Florida’s Decade-Long Effort to Curb the Opioid Epidemic
Over the years, Florida has implemented legal and regulatory responses to the opioid epidemic that have been met with both success and continued challenges.
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Read more: Another Blow to Tort Reform in Florida: Statute Allowing Defendants in Medical Malpractice Suits to Hold Ex Parte Interviews with the Aggrieved Patient’s Care Providers Declared Unconstitutional Another Blow to Tort Reform in Florida: Statute Allowing Defendants in Medical Malpractice Suits to Hold Ex Parte Interviews with the Aggrieved Patient’s Care Providers Declared Unconstitutional
By Alex Stein STEIN on Medical Malpractice has recently published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, Weaver v. Myers, 229 So.3d 1118 (Fla. 2017), that voided Florida statute allowing defendants in medical malpractice suits to hold ex parte interviews with the aggrieved patient’s care providers….
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Read more: Florida Caps on Noneconomic Damages Held Unconstitutional Florida Caps on Noneconomic Damages Held Unconstitutional
By Alex Stein STEIN on Medical Malpractice has published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, North Broward Hospital District v. Kalitan, 219 So.3d 49 (Fla. 2017), that voided Florida’s cap on medical malpractice victims’ noneconomic damages, Fla. Stat. Ann. §§ 766.118(2), 766.118(3). Section 766.118(2) provides that in…
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Read more: Outpatient Psychiatric Treatment: The Duty to Prevent Patient Suicide Outpatient Psychiatric Treatment: The Duty to Prevent Patient Suicide
By Alex Stein In Chirillo v. Granicz, — So.3d —- (Fla. 2016), 2016 WL 4493536, the Florida Supreme Court formulated an important rule for psychiatric malpractice cases. Back in 2001, the First District Court of Appeal decided that psychiatrists assume no liability for an outpatient’s suicide because it is generally unforeseeable. Tort liability, it held, can…
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Read more: Nevada’s $350,000 Cap on Noneconomic Damages Held Constitutional and Applicable Per Incident Nevada’s $350,000 Cap on Noneconomic Damages Held Constitutional and Applicable Per Incident
By Alex Stein Bad news for Nevada’s victims of medical malpractice. This state’s Supreme Court upheld the constitutionality of the $350,000 cap on noneconomic damages as limiting recovery for all kinds of victims and injuries. Tam v. Eighth Jud. Dist. Ct., — P.3d —- , 2015 WL 5771245 (Nev. 2015). Moreover, the Court held that the cap…
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Read more: “Medical Malpractice or Ordinary Negligence?” in the Context of Psychiatric Treatment “Medical Malpractice or Ordinary Negligence?” in the Context of Psychiatric Treatment
By Alex Stein “Medical Malpractice or Ordinary Negligence?” is an issue that will stay on the courts’ agenda for long. See here, here, here, here, here, here, and here. As I explained in these posts and in a foundational article on medical malpractice, categorizing a plaintiff’s action as “medical malpractice” rather than “ordinary negligence” determines whether it must satisfy rigid…
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Read more: Fraudulent Concealment and the Statute of Repose Fraudulent Concealment and the Statute of Repose
By Alex Stein Anyone interested in the tobacco litigation and/or medical malpractice must read Hess v. Philip Morris USA, Inc., — So.3d —- (Fla. 2015). Stemming from the Engle class action, this decision of the Florida Supreme Court advances the understanding of statutes of repose and how they apply, inter alia, in medical malpractice cases.
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Read more: The Scope of Virginia’s Birth–Related Neurological Injury Compensation Program The Scope of Virginia’s Birth–Related Neurological Injury Compensation Program
By Alex Stein Virginia’s Birth–Related Neurological Injury Compensation Act of 1987 (BRNICA) affords aggrieved patients a no-fault compensation remedy for qualified injuries while giving potential tort defendants – doctors and hospitals who choose to participate in the Birth–Related Neurological Injury Compensation Fund – an absolute immunity from malpractice liability. Va. Code Ann. § 38.2-5002. For a…
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Read more: Evidential Damage: Liability for Uncertainty in Medical Malpractice Suits Evidential Damage: Liability for Uncertainty in Medical Malpractice Suits
By Alex Stein As I wrote in my book with Ariel Porat, Tort Liability Under Uncertainty, our torts system must develop systematic remedy for wrongful inflictions of evidentiary harm. The Florida Supreme Court’s recent decision, Saunders v. Dickens, — So.3d —- (Fla. 2014), is a case in point.