Articles Posted in medical negligence

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…

Under Section 400.022, Florida Statutes (2025), nursing home residents are guaranteed specific rights. Licensed facilities must publish these rights and ensure that residents are treated in accordance with them. If a facility violates these rights and a resident suffers injury or death as a result, the facility may face legal proceedings. Although nursing homes are…

Since 1990, Florida has enforced a statute commonly referred to as the “Free Kill” law. Codified at Section 768.21(8) of the Florida Wrongful Death Act, this provision creates a glaring exception in an otherwise remedial framework intended to support grieving families. The legislative intent behind the Wrongful Death Act, as stated in Section 768.17, is…

Since 1990, Florida has maintained a statute that has come to be commonly referred to as the “Free Kill” law. The statute, section 768.21(8), is located in the damages portion of the Wrongful Death Act. The legislative intent of the Wrongful Death Act is set forth in section 768.17: It is the public policy of…