It’s interesting to me that the recent increase in sinkhole claims is one of the reasons why Citizens Property Insurance Corporation is asking the Office of Insurance Regulation for an average rate increase of 8.4% on private homes, according to a recent article in the Insurance Journal. Recently, there has been some debate in the…

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To read various internet commentary or blogging websites (authored primarily by Plaintiffs’ attorneys), one might think that West Central Florida is suffering from uncontrollable sinkhole activity; and according to many of these attorneys, this epidemic is spreading throughout Florida. While there is little dispute that the sheer number of sinkhole claims has increased, the question…

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There are multiple beliefs as to how the reporting of “medical errors” affects the filing of malpractice lawsuits. One thing is certain: the error rates of hospitals will be tracked, and, in 2014, Medicare will cut payment by one (1) percent to hospitals with the highest rates of patient safety issues. In 2003, Minnesota became…

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On August 25, 2010, the Superior Court of New Jersey issued an Opinion in the medical malpractice case, Kowalski v. Palav (click here to view case). The Opinion raises the question of how a trial court should handle testimony that is relevant to the failure of a hospital staff to follow “chain of command” procedures…

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“Mental Lethargy”. What is this exactly? This morning, I read an old 1950’s case from the Florida Supreme Court wherein the court referenced a certain “mental lethargy” by motor vehicle drivers that produced an appalling accident rate. It made me think, what did the Florida Supreme Court justices think constituted such “mental lethargy”? In the…

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