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Personal Injury Blog

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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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Richard “Bo” Sharp Is AV Rated A 5 Star Preeminent Lawyer By Martindale

AV Rated Preeminent Lawyer

AV Rated For The Highest Level Of Professional Excellence AV Rated Martindale-Hubbell® Peer Review Ratings™, the gold standard in attorney ratings, have recognized Richard "Bo" Sharp for his strong legal ability and high ethical standards. Attorneys looking to refer a client, as well as individuals researching lawyers for their own legal needs, use these ratings to identify, evaluate and select the most appropriate lawyer for their legal issue. Richard "Bo" Sharp, Esq. is a founding member of the law firm of Mallard & Sharp, P.A. He manages the firm’s litigation division and he tries State and Federal Cases...

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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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How To Help Your Med Mal Verdict Survive an Appeal

Surgical Malpractice

By Y. Peter Kang Law360, Los Angeles (May 16, 2017, 9:28 PM EDT) -- Attorneys for med mal plaintiffs who win a jury or bench verdict can steel themselves for a likely appeal by being acutely aware of disputes over evidence and jury instructions and laying the groundwork before, during and after the trial to ward off those challenges. There are two schools of thought on how to deal with the potential for appeals amid a trial, according to Patrick Salvi Jr. of Salvi Schostok & Pritchard PC in Chicago. He said some attorneys will say win the trial first and worry about the...

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Miami doctor’s call to broker during baby’s delivery leads to $33.8 million judgment

Dixon

Original Source: Miami Herald, By Daniel Chang, UPDATED MAY 02, 2017 08:08 PM Marla Dixon was in the final stage of labor and ready to deliver a baby boy when the obstetrician arrived at her bedside at North Shore Medical Center in Miami. It was not a high-risk pregnancy. But over the next 90 minutes, the doctor made a series of missteps that led to a tragic outcome for Dixon and her baby — and a $33.8 million judgment, according to a federal lawsuit. The doctor ordered nurses to restart a drug to strengthen contractions, failed to perform a Cesarean section — and...

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