Florida 5th DCA – Evidence of Hospital’s Policy of Adminsitration of Medication Admissible as Routine Practice Evidence

The 5th District Court of Appeal recently held in Shands Teaching Hospital v. Dunn that a hospital’s policy and procedure requiring two hospital nurses to administer Digoxin to patients in order to ensure that a patient receives the prescribed dose is evidence of routine practice and should be admitted as evidence even if the nurses involved have no recollection of the subject patient or subject administration of the medication.  Section 90.406, Florida Statutes states, “Evidence of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is admissible to prove that the conduct of the organization on a particular occasion was in conformity with the routine practice.”  The existence of a routine practice creates an inference that an agent or employee of the organization acted in accordance with the practice.  In the absence of contrary evidence, jurors may properly assume that an employee has adhered to established procedures.  The evidence of a hospital’s routine practice that two nurses are used to corroborate the correct medication dosage would be evidence to rebut a claim of overdose. 

Read the entire opinion by clicking here: Shands Teaching Hospital v. Dunn

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Supreme Court of Florida – Florida Landowners Now Liable for Car Accidents Caused by their Landscaping

The Florida Supreme Court recently held in a 4-3 decision that homeowners may be liable for wrongful death and personal injury from automobile accidents caused by the landowner’s failure to prevent their landscaping from overlapping into a public right of way and obstructing traffic and traffic signs/signals.  In Williams v. Davis, the Court extended the liability which already exists for commercial property owners to homeowners who permit foliage, trees and bushes to extend over their property line and into a public right of way.

Read the entire opinion by clicking here: Williams v. Davis Opinion

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Florida Physicians Say Damage Caps on Medical Malpractice Claims Not Reducing Insurance Premiums

Although physicians in Florida have seen a decrease in medical malpractice insurance premiums in the last few years, many are unconvinced that the malpractice reform legislation is the cause.  According to the Florida Office of Insurance Regulation, medical malpractice insurance premiums fell 8% on average for physicians across the state.  Although the severity of medical negligence claims has continued to rise over the last few years, the frequency of claims filed has been reduced.

To read the complete Miami Herald article on this topic, please click on the following link: http://www.miamiherald.com/152/story/321898.html

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

4th DCA of Florida – Settlement Increasing Insurance Premiums and Damaging Reputation is Not Bad Faith

The 4th DCA of Florida recently held that higher insurance premiums and damages to an insured’s reputation are not examples of bad faith by the carrier in settlement of a covered claim within the limits of a liability insurance policy.  In Freeman v. Cohen, the Court specifically held that a physician was not able to challenge the settlement of a medical malpractice claim within the limits of his insurance policy if the settlement was made within the limits of the policy and in “good faith.”  Despite written objection by the defendant physician, cancellation of his insurance policy and release of the insurance company from “financial insurance obligations” in the defense of the subject medical malpractice claim, the insurance company was able to settle on the physician’s behalf. 

Read the entire opinion by clicking here: Freeman v. Cohen Opinion

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Surge in Physician License Applications in Texas – A Result of Medical Malpractice Damage Caps

Four years after the State of Texas established caps on damages in medical malpractice actions, doctors from other states have applied in droves for medical licensure.  According to the Texas Medical Board, it can take up to six months to process an application due to the volume of prospective applicants.  The Board found an 18% increase in licenses since 2003 when the damage caps on medical malpractice actions were instituted. 

To read the complete New York Times article and opinions of critics of such caps, please click on the following link: http://www.nytimes.com/2007/10/05/us/05doctors.html?_r=1&oref=slogin

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

University of Miami and Jackson Memorial Hospital Uses Simulation Operating Room to Reduce Medical Errors Amongst Staff

The University of Miami – Jackson Memorial Health Center for Patient Safety uses a simulation operating room to teach medical students, residents, interns and the health care staff to reduce medical errors during the care and treatment of patients.  The simulation operating room allows health care providers to be challenged with real life- threatening scenarios in a supervised teaching environment.  The instructors use mannequins and actors to simulate these real-life medical emergencies.  The program was recently featured in the Miami Herald.  To read the entire story, please click the link below:

http://www.miamiherald.com/1057/story/304690.html

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Undisclosed Expert Testimony Grounds for New Trial says 4th DCA of Florida

Perryman v. Crawford- The 4th DCA of Florida recently held that surprise, changed or undisclosed expert testimony may result in prejudice sufficient to require a new trial.  In the medical negligence case of  Perryman, the Court concluded that the failure to disclose an expert witness’s opinion in compliance with a pretrial order and a proper discovery request is tantamount to permitting an undisclosed adverse to testify.

Read the entire opinion by clicking here: Perryman v. Crawford

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Two Prong Test for Attorney Attendance and Videotape of Neuropsych Exam says 3rd DCA of Florida

Bacallao v. Dauphin- The Third DCA of Florida recently reversed a decision barring a plaintiff’s lawyer from attending and videotaping a neuropsychological examination conducted by a physician defense expert witness in a medical malpractice case.  Using a two prong test, the Third DCA held that the party opposing the recording and taping of such an examination must demonstrate why the attendance by counsel and the taping would disrupt the examination and that no other qualified physician exists in the area to perform the exam.  In the subject case, the Third DCA found that the defendants failed to provide case specific reasons to to prohibit a video or audio recording of the examination and that mere testimony from the examining physician that no other doctor in the area would be willing to perform the examination was insufficient. 

Read the entire opinion by clicking here: Bacallao v. Dauphin

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Plaintiffs’ Newest Challenge to Caps on Non-Economic Damages – Gender Bias

Rebecca Korzec, a University of Baltimore law professor, recently authored an article arguing that the statutory caps on non-economic damages in medical malpractice cases in Maryland, although facially neutral, have the unintended consequence of disproportionately disadvantaging women.  The essential premise is that limiting non-economic damages disproportionately affects female plaintiffs because women as a whole earn less than men.  Accordingly, limiting pain and suffering damages for women who are non-earning “stay at home moms” biases female litigants because of their gender and limited economic harm. 

The subject article  can be found at: Maryland Tort Damages: A Form of Sex-Based Discrimination, 37 U. Balt. L.F. 97 (2007).

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Blood Bank Subject to Pre-suit Notice Under Chapter 766 says 1st DCA of Florida

Fitchner v. Lifesouth Community Blood Centers, Inc. – The First District Court of Appeal of Florida recently held that a blood bank which negligently screened blood donors resulting in the death of a recipient of such blood was a claim subject to the pre-suit notice requirements set forth under Chapter 766 of the Florida Statutes.  The Court explained that under the 2003 amendments to Chapter 766 that blood banks are considered health care providers and that the negligent screening of blood amounts to medical negligence.  Further, the Court commented that case law from other jurisdictions supports the premise that blood banks provide “medical services.”  A copy of the entire opinion is provided below.

http://opinions.1dca.org/written/opinions2007/10-30-07/06-4475.pdf

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.