Under Florida’s Wrongful Death Act, claims for wrongful death are limited and brought forth by the personal representative of the decedent. The compensation recovered — if successful — benefits the survivors of the...
Thu 16th Jun | 2016
Hospital Error Statistics & Medical Malpractice
Mistakes in hospitals happen at an alarming rate. In fact, a recent study published by British Medical Journal that found medical errors are the third leading cause of death in the United States, resulting in roughly 250,000...
Wed 15th Jun | 2016
The Week in Torts – Cases from the Week of June 3, 2016
FLORIDA LAW WEEKLY VOLUME 41, NUMBER 22 CASES FROM THE WEEK OF JUNE 3, 2016 HEALTH CARE PROVIDER NOT REQUIRED TO OBTAIN INFORMED CONSENT FROM BOTH PARENTS BEFORE RENDERING NON-EMERGENCY CARE OR TREATMENT TO A MINOR...
Fri 10th Jun | 2016
Confidential Settlement Obtained for Client Who Suffered Neurological Injuries from Chemical Exposure
Fountain was ultimately able to overcome the inherent causation obstacles to obtain a favorable recovery for the client. Attorney Don Fountain was successful in obtaining a confidential settlement for a client who suffered...
Wed 8th Jun | 2016
The Week in Torts – Cases from the Week of May 27, 2016
FLORIDA LAW WEEKLY VOLUME 41, NUMBER 21 CASES FROM THE WEEK OF MAY 27, 2016 TRIAL COURT ERRED IN FINDING PLAINTIFF TIMELY ACCEPTED PROPOSAL FOR SETTLEMENT WHERE IT WAS NOT ACCEPTED IN THE 30-DAY PERIOD–A RULE 1.090...
All-Terrain Vehicles are marketed for fun, adventurous times. However, it is important to know that these vehicles can still be dangerous if other vehicles are nearby, or if the ATV is defective. The United States Consumer...
Wed 1st Jun | 2016
The Week in Torts – Cases from the Week of May 20, 2016
FLORIDA LAW WEEKLY VOLUME 41, NUMBER 20 CASES FROM THE WEEK OF MAY 20, 2016 TRIAL COURT ERRED IN DISMISSING COUNT AGAINST COMPOUNDING PHARMACIST FOR NEGLIGENCE–HOWEVER, CLAIM FOR NEGLIGENCE PER SE WAS PROPERLY...
Thu 26th May | 2016
What Are Medical Malpractice Never Events?
While we usually discuss the different types of medical malpractice, there are certain things that are considered “never events.” This means that these actions are never supposed to happen in a hospital. Unfortunately,...
Wed 25th May | 2016
The Week in Torts – Cases from the Week of May 13, 2016
FLORIDA LAW WEEKLY VOLUME 41, NUMBER 19 CASES FROM THE WEEK OF MAY 13, 2016 PUNITIVE DAMAGES IN AMOUNT WHICH IS EQUAL TO 100% OF THE DEFENDANT’S NET WORTH WAS SO EXCESSIVE AS TO BE UNCONSTITUTIONAL–ON REMAND TRIAL...
Wed 18th May | 2016
The Week in Torts – Cases from the Week of May 6, 2016
FLORIDA LAW WEEKLY VOLUME 41, NUMBER 18 CASES FROM THE WEEK OF MAY 6, 2016 COURT DID NOT ERR IN DISMISSING MEDICAL MALPRACTICE CASE ON BASIS THAT PLAINTIFF FAILED TO PROVIDE INFORMATION DURING PRESUIT, REGARDING THE...