Complications of Laparoscopic Gallbladder Surgery

by Bonner Law | Jan 26, 2021 | Legal Questions/Issues Medical Issues/Negligence

The gallbladder is a small organ underneath the liver that stores bile, or the liquid produced in the liver that helps digest fats.[i] The gallbladder releases the bile into the small intestine to help break down fats so they can be absorbed and used by the body.[ii] While the gallbladder is an important part of the digestive system, sometimes medical complications require removal of the gallbladder. There are various medical diagnoses, complications and illnesses that subsequently require gallbladder removal.[iii] Cholelithiasis, or gallstones that form when liquid bile solidifies in the gallbladders, is the most common reason for gallbladder removal.[iv] When...

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Slip and Fall Injury – Premises Liability

by Bonner Law | Nov 11, 2020 | Legal Questions/Issues

n many instances, a slip and fall injury could have been prevented if the property owners had kept their property safe.  Under Florida Law, all property owners have a duty to maintain their property in a safe condition and may be liable for accidents that happen on their property.[1] However, Florida law places some burdens on the injured party to prove certain elements before they can recover for a slip and fall, especially if they slip and fall on a transitory foreign substance. Transitory Foreign Substances A transient foreign substance is a liquid or solid substance located where it does...

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Florida’s Wrongful Death Act

by Bonner Law | Sep 16, 2020 | Legal Questions/Issues

The death of a family member or loved one impacts a family for a lifetime. In addition to the inevitable grief, shock, and sadness, families may also face financial hardships due to the lost financial support of the deceased, medical bills and funeral expenses. When someone is killed because of the negligence of another or due to an intentional or even criminal act, or because of a defective product, a claim can be pursued under Florida’s Wrongful Death Act.  If a loved one's death is caused by the wrongful actions of another, family members can recover for their pain, suffering,...

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Medical Malpractice Presuit Requirements in Florida

by Bonner Law | Aug 25, 2020 | Legal Questions/Issues

Florida is one of several states that has placed restrictions on the filing and prosecution of lawsuits for Medical Malpractice because of a perceived litigation crisis affecting the health care industry.  Medical Malpractice reform in Florida began in 1985 by requiring potential plaintiffs in Medical Malpractice cases to provide a Notice of Intent to each prospective defendant before filing a lawsuit.  In 1988, Florida added a “Presuit Investigation” requirement, which included provisions permitting potential parties to conduct “informal discovery” before a complaint was filed.  Florida’s “Presuit” requirements have been modified several times since then, with the most recent revisions coming...

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Medical Malpractice Presuit Requirements in Florida

by Bonner Law | Aug 25, 2020 | Legal Questions/Issues

Florida is one of several states that has placed restrictions on the filing and prosecution of lawsuits for Medical Malpractice because of a perceived litigation crisis affecting the health care industry.  Medical Malpractice reform in Florida began in 1985 by requiring potential plaintiffs in Medical Malpractice cases to provide a Notice of Intent to each prospective defendant before filing a lawsuit.  In 1988, Florida added a “Presuit Investigation” requirement, which included provisions permitting potential parties to conduct “informal discovery” before a complaint was filed.  Florida’s “Presuit” requirements have been modified several times since then, with the most recent revisions coming...

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Medical Malpractice Damages Caps in Florida

by Bonner Law | Aug 05, 2020 | Legal Questions/Issues

Currently, in most cases, there are no caps on the amount of damages that can be recovered by the victim of medical malpractice.   Section 766.118(2)(a), Florida Statutes, imposed certain caps on the Non-Economic Damages (pain and suffering) that victims of medical malpractice could recover, however, the Florida Courts have since found that statute to be unconstitutional. When enacted, the statute provided for different caps on Non-Economic Damages depending on the circumstances and the type of Health Care Provider involved, i.e. Emergency Department, Physician, Hospital, Wrongful Death or Catastrophic Injuries.  For example, the statute provided that non-economic damages for the negligence...

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Elder Abuse Laws in Florida

by Bonner Law | Jul 14, 2020 | Legal Questions/Issues

Sadly, elder abuse and neglect is not uncommon.  While a majority of elder abusers are relatives of the vulnerable older adult, Skilled Nursing Facilities, Adult Living Facilities and Acute Care Hospitals account for a significant portion abuse and neglect cases.   To address Elder Abuse, Florida has adopted the Adult Protective Services Act which states that “[a] vulnerable adult who has been abused, neglected, or exploited” may bring a cause of action against the perpetrator “and may recover actual and punitive damages for such abuse, neglect, or exploitation.” Fla. Stat. § 415.1111. Pursuant to Florida Statute 415.102(28), a “vulnerable adult” is...

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Who Can Obtain Medical Records After the Death of a Hospital Patient in Florida?

by Bonner Law | Jun 16, 2020 | Legal Questions/Issues

Following the death of a hospital patient, the family members of the deceased may have questions regarding the death and wish to see a copy of their deceased family member’s medical records.  Pursuant to Florida Statute §395.3025, “any licensed [medical] facility shall, upon request” provide a copy of the deceased patient’s medical records to the Personal Representative of the deceased patient.[i]  This Florida law is consistent with HIPAA (Health Insurance Portability and Accountability Act) which states that if a person “has authority to act on behalf of a deceased individual or of the individual’s estate,” such person shall have access...

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Wrongful Birth Claims in Florida

by Bonner Law | Jun 14, 2020 | Legal Questions/Issues

[caption id="attachment_272" align="alignnone" width="200"] Portrait of girl smiling[/caption] The State of Florida does not recognize “Wrongful Life” as a cause of action, explaining that “the relative value of human existence over human nonexistence is not a matter cognizable under Florida tort law.  There is no right to remain unborn.” Kush v. Lloyd, 616 So. 2d 415, 423 (Fla. 1992).  However, Florida does recognize “Wrongful Birth” as a cause of action. A Wrongful Birth claim is brought by parents of a child born with a genetic or congenital disease claiming that had their physician warned them about the genetic or congenital...

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