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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