Category Archives: Medical Malpractice
In industries all over the country, information has transitioned from hard files to electronic data, and the medical field is no exception. A person can gain access to these electronic medical records online by requesting them from the provider, or an attorney can assist them. Here’s Colson Hicks Eidson partner and medical malpractice attorney Joseph Kalbac to explain the how electronically stored medical records is changing the way lawyers investigate cases of possible medical malpractice. Video Transcription: Electronic medical records, I don’t think are very good because it allows anybody to input into the medical records. Part of what we do in a medical negligence case is we try to access, and we do access, a system in the hospitals whereby we can tell who logged onto a patients file and who made a particular entry. In the older days, the doctors, nurses and other healthcare practitioners had to write…
Read More »
Until recently, there was a law in Florida that limited the families of wrongful death victims from receiving more than $200,000 in noneconomic damages after medical malpractice. This is still true in some parts of the country. In this video, Miami wrongful death attorney Joe Kalbac explains how wrongful death damage caps are actually unconstitutional under the 7th Amendment, which guarantees the right to a jury trial. Video Transcription: There’s a law in Florida, the Wrongful Death Statute, which governs every death as someone’s else’s negligence. There’s an exception in that, that if you die as a result of medical negligence and you don’t have a surviving spouse or minor children, children under 25, then you have no case for pain and suffering or for the loss of that loved one or that person. If that same person got hit by a commercial vehicle, then the adult children could recover…
Read More »
When someone suffers injuries due to medical malpractice, they are entitled to both economic damages, such as medical expenses, as well as noneconomic damages for pain and suffering. However, some lawmakers have sought to put medical malpractice damage caps on the amount of noneconomic damages a victim can recover. In this video, Miami medical malpractice attorney Joe Kalbac explains why these caps harm victims of medical negligence. Video Transcription: Legislators in Tallahassee and around the country are telling people who are victims of medical negligence how much pain and suffering they’re entitled to. And you can’t put a cap, you can’t put a number on a person’s pain and suffering. If someone’s paralyzed, their pain and suffering is obviously a lot greater than someone that’s lesser injured. And there’s just no rationale for it. Medical negligence cases are the most complicated and most expensive and time-consuming cases that we handle….
Read More »