In October of 2011, Dwayne Schwartz side-swiped Susan Christ while he was trying to pass a stopped bus; Schwartz was travelling approximately ten miles per hour. After the accident, both drivers moved their cars to the side of the rode and at that time Mrs. Christ got out of her…
Ocala Injury Lawyers Blog
Where There’s a Will, There Isn’t Always a Way
Paul L. Kurth died in Missoula, Montana on January 26, 2000; he was 82 years old. At the time of his death he was living with his niece and her husband, Sinda and Marty Puryer. According to Mr. Puryer, two years prior to Mr. Kurth’s death, Mr. Kurth dictated his…
The Plaintiff’s Burden: Medical Malpractice and Standard of Care
On July 22, 2016, the Idaho Supreme Court affirmed the verdict in Morrison v. St. Luke’s Regional Medical Center, Ltd.; Joachim G. Franklin, M.D., and Emergency Medicine of Idaho, P.A. The jury in the case had found that Dr. Franklin had not failed to meet the applicable standard of health…
North Broward Hospital v. Kalitan and the Possible Death of Medical Malpractice Caps
In 2003, then Governor Jeb Bush signed into law Fla. Stat.§ 766.118, which capped the amount of recovery a plaintiff could receive from defendants for medical malpractice. The medical community claimed that doctors were fleeing Florida because of the sky-high cost of medical malpractice insurance and these caps would help…
Uninsured/Underinsured Motorist Coverage: The Good, the Bad, and the Ugly
Etherton v. Owners Insurance Company: On December 19, 2007, Donald Etherton was rear-ended. Mr. Etherton’s back was injured in the collision and he had to endure three back surgeries to repair the damaged disc in his spine. The other driver’s insurance settled with Mr. Etherton for $250,000, the policy…
Changes Needed as Diagnostic Errors Become More Frequent
Diagnostic errors are defined as any mistake or failure in the diagnostic process leading to missed, wrong, or delayed diagnoses. Diagnostic errors make up the largest number of malpractice claims in the U.S. today. Researchers at Johns Hopkins Medical Center, Baltimore, reviewed all U.S. paid malpractice claims from the past…
State Supreme Court Rules on Admissibility of Expert Testimony in Medical Malpractice Case
Earlier this month, the Supreme Court of Mississippi allowed a victim of alleged medical malpractice to put up an expert witness to testify as to whether the victim may have avoided having a stroke had the defendant hospital provided him with the proper medical care. In the case of Memorial Hospital at Gulfport…
Three Dead, Five Injured in Fatal Lecanto Car Accident
Late last month, a fatal accident tragically claimed the lives of one young couple and injured six other people. According to one local news source, the accident occurred around 4:40 in the afternoon in Lecanto, Florida, between W. Grover Cleveland Boulevard and C.R. 491. Evidently, a Suzuki Aerio was traveling…
Seventh Circuit Court of Appeals Denies Plaintiffs’ Attempt to Stack Underinsured Motorist Limits
The U.S. Seventh Circuit Court of Appeals released a decision earlier this month, affirming a U.S. District Court decision that denied the plaintiffs’ attempt to collect on an underinsured motorist claim. The plaintiffs attempted to aggregate the policy limits for underinsured motorist coverage in a case filed against their own insurance…
Appellate Court Allows Slip-and-Fall Plaintiff’s Case to Proceed Past Summary Judgment Motion
Earlier this month, an appellate court in California heard a case brought by a woman and her husband against the gym at which they were both members after the woman was injured while working out at the facility. In the case, Chavez v. 24 Hour Fitness, the plaintiff sustained a…