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Florida Supreme Court Strikes Down Caps on Medical Malpractice Damages

The Florida Supreme Court just ruled that a law limiting non-economic damages (pain and suffering, emotional distress, mental anguish, etc.) is unconstitutional, nullifying the controversial law passed by the Florida legislature back in 2003. The divided Court handed down the 4-3 ruling, with the majority of Justices holding that the arbitrary caps on non-economic damages violated equal protection rights.  Essentially, these caps meant that, in most cases, victims of Florida malpractice were limited in the amount of compensation they could recover in a lawsuit, regardless of how severe their injuries may be. The majority opined, "We conclude that the caps on non-economic damages arbitrarily reduce damages awards for plaintiffs who suffer the most drastic injuries."  From our perspective, this ruling got it right.  While there may be some

June 10th, 2017|Malpractice|

Tragic Golf Cart Incident Fatally Injures Child

A golf cart incident fatally injured an 8-year-old boy after he ran out in front of the golf cart and was struck. The golf cart was being operated by an 11-year-old child and occupied by three other children. The injured child was taken rushed to a nearby hospital, however, efforts to save his life were unsuccessful. Golf carts are somewhat unique to Florida in that they are frequently used for transportation around neighborhoods or to local stores or restaurants, especially in areas throughout South Florida like Fort Lauderdale, Weston, Davie, Boca Raton and others. Unfortunately, despite their slower speeds, golf carts, like many other recreational vehicles can prove to be very dangerous, especially if being operated by children. Frequently, golf cart injuries are caused when a golf cart

Man Injured in Florida Jetski Accident

Official say a Kentucky man vacationing in Florida was injured when he and his mother crashed their jetskis into each other.  The 22-year-old man was taken to a nearby hospital following the collision with a pelvic injury. Local areas of South Florida like Fort Lauderdale, Hollywood, Aventura, Boca Raton, Miami and others are wildly popular with residents and tourists alike because of their proximity to the beach.  Being so close to the beach allows for many recreational activities that bring with them many inherent dangers. Many injuries on South Florida waterways comes as the result of boating, jetski and other personal watercraft collisions.  Often times when people are boating or using jet skis in places like Fort Lauderdale and Miami, safety takes a backseat as people get caught

Davie Man Killed in Florida Tractor-Trailer Accident

A tractor-trailer fatally struck a pedestrian on the Florida turnpike in Palm Beach County.  Authorities stated that the tractor-trailer driver lost control of the vehicle just north of Southern Boulevard. The pedestrian, a local resident from Davie, Florida, had just pulled over and exited his vehicle on the shoulder when the tractor-trailer veered off the highway and struck him.  The Florida tractor-trailer also struck the Davie man's pickup truck, where another passenger was still seated, however she was not injured after being involved in the accident. Accidents involving tractor-trailers occur often in the South Florida region, and are common on roadways from Fort Lauderdale to Davie, Weston, and other local areas. These collisions carry with them inherent complexity so if you find yourself involved in a collision with

Boca Raton Hospital Sued for Nursing Staff Negligence

A South Florida hospital has been sued by a senior citizen who is alleged to have fallen and sustained significant injuries as the result of the Florida hospital's negligence. Attorneys for the Plaintiff claim that she lived a fully independent lifestyle until she presented to West Boca Medical Center in September of 2015 with a minor medical issue, and when she eventually left the hospital she was disabled for life.   Specifically, it is alleged that while she was at the Boca Raton hospital the nursing staff failed to use more than two guardrails on her bed, which caused her to fall when she searched for the nurse call button late at night.  The fall resulted in the Plaintiff suffering a fractured hip, and because the break was

Home Depot Settles Traumatic Injury Lawsuit After Trial Begins

A California man sued Home Depot after sustaining traumatic brain injuries when metal boxes allegedly fell on his head while he shopped at a Home Depot store. Lawyers for the injured Plaintiff argued that the severe brain injury he sustained would result in medical expenses costing in excess of $8 million over the remainder of his life.  Home Depot admitted liability in the incident, but maintained that the Plaintiff suffered a less serious brain injury than has been alleged, and that his current symptoms were the result of untreated psychological issues from which he can recover.  Attorneys for the Plaintiff were asking a jury to award $50 million in damages, while Home Depot argued that $1.3 million would be adequate compensation. The Plaintiff's case contends that a Home