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…
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…
Florida’s 4th District Court of Appeals handed down a decision earlier this month that will effectively remove the caps on non-economic damages, such as pain and suffering, in Florida medical malpractice and personal injury lawsuits. The Court decided that arbitrarily limiting the amount that an injured plaintiff can recover for…
In a recent case, the Florida Supreme Court determined drivers cannot be prosecuted for leaving the scene of a car accident unless they knew they were involved in the accident when it occurred. The case involved a truck driver who hit a teenage boy on his skateboard on highway A1A in…
The Supreme Court of Idaho reversed a medical malpractice case in favor of the plaintiff. The defendant is a nursing home that specializes in long-term rehabilitation care. The plaintiff’s mother was a resident of the nursing home for five years. Apparently, during her stay there, the plaintiff’s mother had a fall. Subsequently,…
The Medical Liability Act was enacted in 2003 in an attempt to make health care more accessible and reduce insurance premiums. The Act explains that under the “statute of repose” individuals may only bring medical malpractice claims within 10 years of the medical treatment giving rise to the claim. Background In…
During the discovery process in a Florida personal injury suit, both parties are required to hand over certain evidence that they believe they will introduce at trial. This is fair to both sides, for it decreases the chance of being surprised on the day of trial. Discovery rules are strict and,…
About a week ago, a Florida district court upheld a jury verdict awarding the family of a man killed by police $2.26 million. According to a report by CBS 12 News, the man was killed after he was involved in an altercation with police that he may have started. Evidently, the…
The Florida justice system sees hundreds of thousands of cases each year. Many of these cases are medical malpractice cases. Essentially, a medical malpractice case is a claim of medical negligence, alleging that, but for the medical professional’s negligence, the plaintiff would have avoided the harm that they suffered. In…
Issues of negligence are usually determined by the jury. However, in some cases where the plaintiff’s case is especially weak, a defendant may petition the court to dismiss the case against them. This is usually the case when the plaintiff does not submit enough evidence to prove that a legal…