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In 2011, the Republican-controlled Florida Legislature targeted some of the state’s most vulnerable citizens by enacting legislation that curtailed the legal rights of Medicaid recipients. Specifically, it imposed a cap on the amount of noneconomic damages—such as pain and suffering—that Medicaid recipients may recover in medical negligence cases. The pertinent provisions of that legislation, codified…

Severe brachial plexus injury cases often turn on a single, sharply contested question: what caused the nerve damage—obstetrical forces applied by the physician, or the natural forces of labor itself? In a recent Florida medical malpractice case involving a catastrophic, permanent five-root brachial plexus injury, the plaintiff challenged the admissibility of the defense’s causation theory…

Florida Statute 624.155 gives people the right to sue insurance companies if they mishandle claims and cause financial harm. However, workers’ compensation insurance carriers are exempt from these provisions. Section 440.11(4) provides as follows: “Notwithstanding the provisions of s. 624.155, the liability of a carrier to an employee or to anyone entitled to bring suit in…

For those of us in Florida familiar with the constraints of the state’s sovereign immunity law, Florida Statute 768.28, the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, comes as a pleasant surprise. Under the state law, judgment damages against the state—or any of its agencies or subdivisions — are capped at $200,000 per…

Most work-related injuries arise from acute, single-incident accidents — a fall, a lifting injury, or a sudden mechanical failure. With few exceptions (such as injuries caused by horseplay), these “one-time” accidents are compensable under Florida’s workers’ compensation system. But what about injuries that develop gradually over time — through years of physical stress or repetitive…

Our firm is contacted nearly every week by the adult children of elderly parents who have died as a result of medical negligence. Sadly, if the deceased left behind no surviving spouse or child under the age of 25, neither our firm nor any other can pursue damages on their behalf. This harsh limitation arises…

The purpose of the “Assisted Living Facilities Act,” contained in Chapter 429 of the Florida Statutes, is to “promote the availability of appropriate services for elderly persons and adults with disabilities in the least restrictive and most homelike environment, to encourage the development of facilities that promote the dignity, individuality, privacy, and decisionmaking ability of…

Although our law firm does not handle employment discrimination cases, we frequently refer such matters to excellent attorneys. Recently, however, I came across a particularly insightful and well-written Florida Bar Journal (volume 99, No. 4 July/August 2025) article by Attorney James Poindexter, which inspired me to write this blog. Employment discrimination cases are primarily grounded…

I have blogged extensively on the constant tug-of-war between insurance companies and their insureds when it comes to claims handling. While insurers are relentless in demanding timely premium payments, their approach to claims is often summarized in two words: delay and deny. Insurance carriers have an arsenal of tools designed to execute this strategy. Examinations…

In our practice—focused on personal injury, medical negligence, workers’ compensation, and wrongful death—we routinely handle Medicare and health insurance liens. These entities often have statutory or contractual rights to be reimbursed from any settlement or judgment recovered from third parties, meaning those legally responsible for causing the harm. This article addresses a separate legal issue…