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Articles Posted in Litigation

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Special Considerations for Cruise Ship Passenger Accidents

The Port of Miami is one of the busiest cruise ship ports in the world. Thousands of passengers from around the world sail from its docks weekly. Many of these passengers become victims of cruise ship negligence, from food poisoning, to slipping and falling, to onboard sexual molestation. For those…

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Hepatitis C Infection from Contaminated Miami VA Colonoscopy Equipment Results in Lawsuits

Our law firm was recently hired by a military veteran who claims to have been infected with the liver disease Hepatitis C by equipment used to perform colonoscopies at the Veterans Administration (VA) hospital in Miami, Florida. Last year the VA acknowledged contamination issues with endoscopic equipment used to perform…

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Florida’s 2008 PIP Law Simplifies Out-of-Pocket Medical Expenses Determination

Unlike prior PIP statutes that applied the “usual and customary” standard to determine allowable charges for medical services, Florida’s 2008 version (627.736), mostly mandates that allowable charges are 200% of prospective payments for the same services under Medicare Parts A & B. (Main exceptions: emergency transportation and emergency hospital services.)…

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“IME,” “Independent Medical Examination,” & “Peer Review” – Says Who? (Florida Law)

Florida Statues may allow PIP carriers to conduct medical examinations and perform paper reviews, but no authority, including the statute itself, grants PIP carriers license to reference those procedures as an “IME,” “Independent Medical Examination,” or a “Peer Review.” In short, PIP carriers have created the terms out of whole…

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Florida’s Dangerous Instrumentality Doctrine & The Graves Amendment

A well-established common law principle in Florida is that motor vehicles are “dangerous instrumentalities.” Southern Cotton Oil Co. v. Anderson, 86 So. 629 (Fla. 1920). In 1941, the Florida Supreme Court held that because the use of a dangerous instrumentality involves such a high degree of risk of serious injury…

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