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M&S In The News

More Than 100 Lawsuits Filed Against South Florida Senior Care Facilities

Lawsuits

By Phil Prazan • Published March 16, 2021 Some of the most heartbreaking impacts of the pandemic came in Florida nursing homes and assisted living facilities. State data shows roughly a third of the reported coronavirus deaths in the state were related to these facilities.   Now, some state lawmakers are supporting a measure that would protect them from most COVID-related lawsuits. NBC 6 Investigators found the move could impact local lawsuits filed during the pandemic.   https://youtu.be/qsc7ddCITGA According to the Florida Department of Health, 74 people died after testing positive for the virus at the Hialeah Nursing and Rehabilitation Center – more than any other...

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Mallard & Sharp, P.A. Has Moved To Pinecrest

Offices At Pinecrest

Mallard & Sharp, P.A., one of South Florida's premier law firms with notable cases including a 2019 recovery of more than $26 million dollars after an appellate victory from a 2017 verdict of over $33,800,000, has moved to Pinecrest. The firm provides services for Miami, Kendall, Pinecrest, and all of South Florida as well as the rest of the state, and also offers representation nationally. The firm's focus is on providing the best possible legal results for seriously injured individuals and the families of wrongful death victims. Its highly reputable and respected legal team, led by Vidian Mallard and Richard "Bo"...

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Mallard & Sharp Achieve Highest Medical Malpractice Verdict in Miami Dade

Highest Medical Malpractice Verdict

Mallard & Sharp, P.A. is proud to announce their achievement of obtaining the Highest Medical Malpractice Verdict of the Top 100 Verdicts of 2017, and the 9th largest verdict for the entire state in 2017. Under the professional direction of founding member Richard “Bo” Sharp, Esq. and co-counsel Vidian Mallard, the firm successfully attained the highest medical malpractice verdict in Miami Dade in the amount of $33,153,912.00 in the case of MARLA DIXON, EARL REESE-THORNTON, and ER v. The United States of America, of E.R., a minor, Case No.: 1:15-cv- 23502 (case type Birth Injury, Medical Malpractice, Personal Injury, Professional Negligence, and...

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Fla. Injury Defense Attys Hope To Thwart ‘Phantom Damages’

phantom damages

By Y. Peter Kang Law360 (February 5, 2020, 6:42 PM EST) -- Injury defense attorneys in Florida are closely watching proposed legislation that would outlaw so-called phantom damages in injury trials, describing the bill as a key step in reining in jury verdicts that don’t reflect the actual costs of medical care. The Florida Senate’s Judiciary Committee on Jan. 28 advanced S.B. 1668, a bill that would bar phantom damages, or when a jury only hears about the billed price of medical expenses, which is often not the actual amount paid by an insurance company that already negotiated discount prices...

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Richard “Bo” Sharp is selected to the 2020 Florida Super Lawyers list

Super Lawyers

Richard Bo Sharp is proud to be selected as a Super Lawyer for 2020. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. Super Lawyers selects attorneys using a patented multi-phase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and...

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Military Medical Malpractice Legislation Gives Active Duty Victims More Hope

Medical Malpractice

By Y. Peter Kang Law360 (May 17, 2019, 8:05 PM EDT) -- A recently floated Military Medical Malpractice bill that would allow active-duty military members to sue the federal government for medical malpractice is an encouraging first step in providing justice for victims who are barred from filing such cases because of a 70-year-old U.S. Supreme Court precedent, experts said. Led by U.S. Rep. Jackie Speier, D-Calif., House lawmakers introduced bipartisan legislation on April 30 that would carve out a medical malpractice exception under the Federal Tort Claims Act, which specifically bars military members' claims for injuries or deaths "incident to” their service. The bill’s co-sponsors...

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Feds Pay $1.25 Million To End Baby Brain Damage And Death Suit

Brain Damage

By Y. Peter Kang Law360 (May 2, 2019, 8:09 PM EDT) -- A Florida federal judge has approved a $1.25 million settlement to resolve a suit accusing a federally funded health clinic of negligently causing a newborn's brain damage, which ultimately resulted in his death 14 months later. U.S. District Judge Marcia G. Cooke signed off on the deal to end a Federal Tort Claims Act suit accusing Dr. Carlos A. Rodriguez, an employee of Citrus Health Network Inc., of failing to timely perform an emergency Cesarean section on patient Dayami Hernandez, which caused her son to suffer permanent and severe brain...

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Feds Can’t Recoup From $33M Award If Child Dies: 11th Circuit

a

By Y. Peter Kang Law360 (August 17, 2018, 10:01 PM EDT) -- The Eleventh Circuit on Friday largely affirmed a trial judge’s post-verdict decisions in a suit accusing a federally funded health clinic doctor of causing a newborn’s brain damage, saying the federal government can’t recover portions of a $33 million award verdict if the child dies earlier than expected. In a published opinion, a three-judge Eleventh Circuit panel unanimously affirmed the trial judge’s decision rejecting the federal government’s bid to implement a reversionary trust that would allow it to recoup potentially millions of dollars earmarked for the future medical costs and...

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Dangerous Doctors: Malpractice lawsuits rarely lead to discipline

Attorney Richard Bo Sharp discusses malpractice lawsuits

Original Source: By STEPHEN HOBBS, SUN SENTINEL, NOV 19, 2017 | 4:30 PM Dr. Pachavit Kasemsap faced payouts of nearly $3 million in five medical malpractice lawsuits over five years. Patients accused him of slicing an aorta while trying to remove a gallbladder, cutting an artery to a liver, and connecting a woman’s rectum to her vagina. Florida lawmakers have long recognized that medical malpractice lawsuits are a warning sign for dangerous doctors. But state health officials never took action against Kasemsap. https://youtu.be/Bqyo3zT7x1o The state Department of Health is required to review every malpractice lawsuit filed against Florida doctors to identify and punish problem doctors....

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Fla. Justices’ Medical Malpractice Cap Ruling May Mobilize Lawmakers

Judgement Award Settlement for Personal Injury Settlements

By Y. Peter Kang Law360, Los Angeles (June 9, 2017, 9:29 PM EDT) -- The Florida Supreme Court's recent split ruling that a 2003 state law capping noneconomic damages in medical malpractice cases is unconstitutional was a major decision which experts said was a big win for patients but may not be the end of Florida lawmakers' efforts to enact tort reform bills. In a 4-3 decision, the state's highest court found that the law capping noneconomic damages at $500,000, or $1 million in the most egregious cases, violates the equal protection clause of the Florida Constitution because it arbitrarily reduces damage awards...

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