Close Menu
West Palm Beach Medical Malpractice Lawyer
Schedule Your Consultation Today We Understand Medical Injuries
561-686-1800

Tag Archives: West Palm Beach Medical Malpractice Attorney

Report Released on Anesthesia-Related Medical Malpractice Claims

By Gary Roberts & Associates, P.A. |

A study was released by the Journal of Healthcare Risk Management that focused on closed anesthesia medical malpractice claims experienced by one of the country’s largest physician owned, medical malpractice insurance companies. It looked at a variety of factors, including the types of medical malpractice claims made, the types of medical facilities where the… Read More »

Facebook Twitter LinkedIn

Appeals Court Won’t Reconsider Cruise Medical Malpractice Ruling

By Gary Roberts & Associates, P.A. |

A federal appeals court has refused to reconsider an earlier decision that opened the door for medical malpractice cases to be filed against cruise lines for accidents that happen to their passengers. The 11th U.S. Circuit Court of Appeals unanimously rejected an application by the Royal Caribbean Cruise Line last week asking to revisit… Read More »

Facebook Twitter LinkedIn

Choosing the Right Cause of Action in Medical Practice Claims

By Gary Roberts & Associates, P.A. |

As every good attorney knows, the facts of many cases can support multiple causes of action (or, said somewhat more colloquially, theories of relief). The choice of an appropriate cause of action is important. It determines, most vitally, exactly what elements need to be proved in order to prevail. Sometimes the evidence will be… Read More »

Facebook Twitter LinkedIn

Delivering Tough Truths: Avoiding Losing on Appeal in Medical Malpractice Cases

By Gary Roberts & Associates, P.A. |

One of the most difficult aspects of any lawyer’s career is having the courage to tell a client with sympathetic facts that he or she has no case. That is what the lawyers in the 2013 case of Shartz v. Miulli should have done — deliver the tough truth. What follows is a tragic… Read More »

Facebook Twitter LinkedIn

Florida Medical Malpractice Caps May Be Deemed Unconstitutional

By Gary Roberts & Associates, P.A. |

Less than four months after the Florida Supreme Court declared that the state’s wrongful death non-economic damages cap was unconstitutional, the same ruling may also be announced for the state’s cap on personal injury medical malpractice non-economic damages. If the court rules in favor of eliminating this cap, then victims of medical malpractice will… Read More »

Facebook Twitter LinkedIn

A Medical Malpractice Victory

By Gary Roberts & Associates, P.A. |

In a medical malpractice case, sometimes the attorneys for the victim do such a good job that defense counsel appeals just for the sake of appealing—out of spite, as it were. Recent Example In the case of Philippon v. Shreffler, the victim of malpractice by a novice surgeon was awarded $2.15 million for her… Read More »

Facebook Twitter LinkedIn

The Dangers of Hospital Paperwork: Navigating Arbitration of Medical Malpractice Claims

By Gary Roberts & Associates, P.A. |

Upon arriving at the hospital during a medical emergency, we are, all too often, confronted with a veritable mountain of paperwork. At a time when the well-being of our loved ones (not the niceties of medical billing) are at the forefront of our minds, hospital administrators ask us to sign forms that we scarcely… Read More »

Facebook Twitter LinkedIn

The “Respectable Minority” Defense and Unorthodox Medical Treatments

By Gary Roberts & Associates, P.A. |

If you elect to use a new or experimental medical treatment—one accepted, say, by a growing minority of doctors—and something goes wrong, can you sue for malpractice? Perhaps the experimental treatment fails where a more conventional one would have succeeded. Perhaps the physician trying the experimental procedure is somewhat unfamiliar with its details and… Read More »

Facebook Twitter LinkedIn

Florida’s Pre-Suit Notice Requirements and the Role of Medical Experts

By Gary Roberts & Associates, P.A. |

In traumatic brain injury cases, as in all medical malpractice actions in Florida, injured patients are required to comply with the state’s pre-suit notice requirements. These statutory prerequisites to the lawsuit, which are designed to weed out frivolous cases, add an element of expert opinion—a question over which parties frequently litigate—fairly early in the… Read More »

Facebook Twitter LinkedIn

Hospital Errors On the Rise

By Gary Roberts & Associates, P.A. |

Hospitals across the country are reporting a rise in serious medical errors and other patient injuries that occurred last year. In Massachusetts, acute-care hospitals reported 753 serious medical errors and 206 other serious reportable events in other types of hospitals, including facilities that provide psychiatric or rehabilitative care. Last year, hospitals also reported more… Read More »

Facebook Twitter LinkedIn

© 2019 Gary Roberts & Associates, P.A. All rights reserved.