Author: Domnick Cunningham and Whalen

July 6, 2024

Telemedicine and Medical Malpractice Laws in Florida

Telemedicine, the practice of providing medical care remotely through digital communication tools, has revolutionized healthcare delivery. Especially in a state like Florida, where large rural areas and an aging population create significant barriers to in-person medical consultations, telemedicine offers an accessible and efficient solution. However, with the rise of telemedicine …

July 5, 2024

Comparative Fault in Florida Medical Malpractice Law

Medical malpractice cases can be complex, especially when multiple parties share responsibility for the injury. In Florida, the concept of comparative fault plays a crucial role in determining how damages are awarded in these cases. Understanding how comparative fault works is essential for anyone involved in a medical malpractice claim, …

July 4, 2024

How Guardianship Can Play a Vital Role in Nursing Home Abuse Cases in Florida

Guardianship is a legal mechanism designed to protect individuals who are unable to care for themselves due to age, illness, or disability. In Florida, this role becomes particularly crucial when dealing with elderly residents in nursing homes, who are often at risk of abuse and neglect. The significance of guardianship …

July 3, 2024

Understanding the Legal and Factual Issues Surrounding Recent Child Drownings in Florida

The state of Florida has seen a troubling rise in fatal drownings in the first half of this year, with a total of 60 drownings reported. Of these, 47 involved children who were not supposed to be in or near water, raising significant concerns and questions about safety measures, parental …

July 3, 2024

Legal Recourse for Victims of Medical Device Failures in Florida

Medical devices play a crucial role in modern healthcare, from life-saving implants to essential diagnostic tools. However, when these devices fail, the consequences can be severe, leading to injury, prolonged illness, or even death. Understanding the legal recourse available to victims of medical device failures in Florida is essential for …

July 2, 2024

Florida Nursing Home Abuse Cases: How Punitive Damages Can Make a Difference

Nursing home abuse is a growing concern in Florida, a state with a significant elderly population. Abuse in these facilities can take many forms, including physical, emotional, sexual, and financial exploitation. Neglect, a more passive form of abuse, is also alarmingly common. Families trust nursing homes to provide a safe …

July 1, 2024

Informed Consent in Florida Malpractice Claims

Informed consent is a fundamental principle in healthcare, ensuring that patients are fully aware of and understand the risks, benefits, and alternatives to medical treatments or procedures before they are undertaken. In the context of medical malpractice, informed consent is crucial as it protects patient autonomy and upholds ethical standards …

June 28, 2024

Impact of Medical Malpractice Insurance Laws on Florida Physicians

Medical malpractice insurance is a crucial component of the healthcare system, designed to protect physicians against claims of negligence and ensure patients receive compensation for medical errors. In Florida, these laws have evolved significantly over the years, shaping the landscape in which medical professionals operate. Understanding these laws is vital …

June 28, 2024

Advocacy for Cosmetic Surgery Malpractice

Millions of people seek cosmetic procedures each year, but the lack of strict regulations means that many end up in the hands of unqualified practitioners.  These patients, trusting in the promise of safe and effective results, are often left to deal with severe complications, disfigurement, and immense psychological trauma. Women, …

June 27, 2024

Effective Strategies for Negotiating Medical Malpractice Settlements in Florida

Medical malpractice laws in Florida are designed to protect patients who have suffered harm due to the negligence of healthcare providers. These laws encompass a wide range of medical errors, including surgical mistakes, misdiagnoses, medication errors, and failure to provide appropriate treatment. Understanding the legal framework is crucial for anyone …

June 26, 2024

What is a Expert Testimony in Florida Medical Malpractice Cases

Medical malpractice occurs when a healthcare professional deviates from the standard of care, causing harm to a patient. In Florida, these cases are governed by complex laws designed to protect both patients and medical professionals. One of the most critical elements in a medical malpractice lawsuit is expert testimony. This …

June 25, 2024

Florida’s Legal Protections for Nursing Home Residents Against Emotional and Psychological Abuse

Emotional and psychological abuse in nursing homes is a distressing reality for many residents, often manifesting as verbal assaults, threats, humiliation, or isolation. These forms of abuse can lead to severe mental and emotional distress, diminishing the quality of life for the elderly who rely on these facilities for care. …

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