The difficulties and limitations associated with medical negligence claims are many. The list includes: Medical malpractice claims have a shorter statute of limitations than ordinary negligence claims — two years versus four years. See § 95.11(4)(b) and § 95.11(3)(a). Prospective medical malpractice plaintiffs must comply with complex and costly presuit…
Florida Injury Attorney Blawg
Jeffrey P. Gale, P.A. // Florida’s Nursing Home Statute Provides Remedy to Some Barred by Florida’s Wrongful Death Act
I have railed at length in this blog against a Florida law that allows medical providers alone to avoid the same legal liability everyone else faces for causing the negligent loss of life. The offensive statute is section 768.21(8), Florida Statutes, which is part of Florida’s Wrongful Death Act. Section…
Jeffrey P. Gale, P.A. // Two-Tiered Analysis Required Under F.S. 112.18(1) a/k/a the “Firefighter’s Presumption” or the “Heart-Lung” Statute When Disabling Condition Results From a Combination of an Underlying Condition With a “Triggering Event.”
In City of Jacksonville v. Ratliff, 217 So. 3d 183 (Fla. 1st DCE 2017), a firefighter with a pre-existing history of diabetes, high cholesterol, prior history of smoking, and a family history of early onset CAD – blocked arteries (CAD – coronary artery disease) caused by the build-up of plaque…
Jeffrey P. Gale, P.A. // Personal Injuries Sustained in Subsequent Accident May Be Compensable
We currently represent an elderly woman who was knocked down in the hallway of her condominium building by a large, unleashed dog. She fell and struck her head on the ground. In the days following the event, she had headaches and was lightheaded. While taking a shower, she fainted. As…
Jeffrey P. Gale, P.A. // Florida Politicians Do Not Like “We the People”
Within the past two weeks, three bills limiting the rights of everyday citizens to control how they are governed were signed into law in Florida. On May 10, 2021, Florida Governor Ron DeSantis signed Senate Bill 1890. The bill places a $3,000 cap on contributions to political committees trying to…
Jeffrey P. Gale, P.A. // Florida Statute Creates Presumption Entitling Firefighters and Law Enforcement or Correctional Officers to Workers’ Compensation Benefits
Unless you are a firefighter or any law enforcement officer, correctional officer, or correctional probation officer, in order to receive workers’ compensation benefits under Chapter 440 of the Florida Statutes for any condition or impairment of health caused by tuberculosis, heart disease, or hypertension, the burden will be on you…
Jeffrey P. Gale, P.A. // Severely Injured Uber Eats Operator Fighting for Compensation in Florida
We represent a young man who was severely injured in a roadway accident while making a delivery for Uber Eats. He was struck by a phantom motor vehicle (i.e., unidentified vehicle) while riding his bicycle and left to die by the side of the road. He was discovered and transported…
Jeffrey P. Gale, P.A. // Dealing With Medical Payments Made by the Wrong Entity During a Pending Florida Workers’ Compensation Case
It is not unusual for entities other than the workers’ compensation insurance carrier to pay medical expenses following a work-related accident. The most common payors are health insurance carriers, Medicare, and Medicaid. (PIP (a/k/a “No Fault”) insurance also pays if the accident involves motor vehicles, but since their rights are…
Jeffrey P. Gale, P.A. // Dealing With Defendant’s Formal Bankruptcy Proceedings During Pending Personal Injury Case
Every citizen of this state should know that the only thing compelling personal injury liability insurance companies to voluntarily pay claims is the threat of being sued for bad faith. Liability insurance companies have a legal obligation to act in the best interests of their insureds. Boston Old Colony Ins.…
Jeffrey P. Gale, P.A. // Obtaining Defendant’s Medical Records to Benefit Plaintiff’s Personal Injury Case
A patient’s medical records enjoy a confidential status by the right to privacy in Article I, Section 23 of the Florida Constitution. State v. Johnson, 814 So. 2d 390, 393 (Fla. 2002). “Florida law, however, also recognizes that this confidentiality right is not absolute, and provides for the disclosure of…