Author Archives: Jay Butchko
Florida Hospital Asks U.S. Supreme Court to Decide Medical Records Dispute
A Jacksonville hospital system recently petitioned the U.S. Supreme Court to decide a legal dispute involving the disclosure of medical records. The case could affect what medical records are discoverable in medical malpractice cases. The Lawsuit This is a medical malpractice case involving a woman who allegedly suffered a severe neurological injury because of… Read More »
Supreme Court Limits Jurisdiction in Personal Injury Lawsuits
It’s not enough to have a viable personal injury complaint against a negligent defendant — you also have to file that complaint in the proper court. Otherwise your claims can be dismissed for lack of jurisdiction. What Is Jurisdiction? There are two types of jurisdiction: subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction… Read More »
Understanding Medical Malpractice Law in Florida
Medical malpractice occurs when a doctor, nurse or other healthcare provider makes a mistake that injures a patient. However, not all mistakes constitute medical malpractice. Only mistakes that rise to the level of negligence meet the definition of medical malpractice. Specifically, if the healthcare provider violates the standard of care in treating a patient,… Read More »
Florida Supreme Court Finds Damages Cap Unconstitutional
The Florida Supreme Court recently ruled that caps on noneconomic damages in medical malpractice cases are unconstitutional, overturning a 2003 law that enacted such caps. Noneconomic damages are damages awarded for pain and suffering. (Economic damages refer to medical expenses, lost wages and other easily quantifiable costs.) Two appeals courts already had held that… Read More »
Breaking One of These Traffic Laws Can Be Grounds for Personal Injury Lawsuit
Driving comes with inherent risks for everyone on the road: drivers, passengers, bicyclists and pedestrians. Because most of those risks stem from automobile drivers, Florida has numerous traffic safety laws on the books. Breaking one of those laws can be a major factor in a personal injury lawsuit if the motorist’s actions result in… Read More »
Pedestrian Safety Laws in Florida
Walking and running are popular modes of transportation, especially during the spring and summer months when the weather is warmer. But pedestrians have to share the streets with motorists and cyclists, which means risking injury from negligent drivers. Many of Florida’s municipalities have taken steps to reduce the risks for pedestrians. The City of… Read More »
Florida Ranks Worst in the Country for Motorcycle Fatalities
Florida roads are a dangerous place for motorcyclists. In fact, the state once again has been ranked the worst in the country for motorcycle fatalities. A recent AAA study found a 30 percent increase in motorcycle deaths between 2014 and 2015. While motorcycles account for 3 percent of vehicles, they are involved in more… Read More »
Settlement Agreement in Takata Airbag Recall Lawsuit
Driving can be dangerous enough without adding defective automobile parts into the mix, but that’s exactly what’s at issue in a class action lawsuit filed in federal court in Miami against four automakers. Toyota, Subaru, BMW and Mazda recently agreed to pay $553 million to 15.8 million current and former car owners (and lessees)… Read More »
Understanding Litigation Risks and Challenges
Personal injury lawsuits come with inherent risks. They typically involve a lot of time and money, and sometimes you don’t get the result that you want. An experienced personal injury attorney will take the time to understand the complexities of your case and develop the most cost-effective, time-efficient strategy to help you recover the… Read More »
Accidents Involving Autonomous and Semi-Autonomous Vehicles
A federal class action lawsuit in California involving a Florida plaintiff claims that the enhanced autopilot system in 47,000 Tesla S 90D electric sedans is dangerously defective. The Florida plaintiff is a man from Davie named John Kelner, who bought his Tesla in December 2016. According to the complaint, these cars veer out of… Read More »