Florida Legal News & Updates | Orlando Legal Examiner

No Civil Liability on Hospitals to Ensure Financial Compliance of Medical Staff

Under the Florida Statutes (FS 458.320) in order for a doctor to have hospital medical staff privileges the physician must meet certain financial requirements in order to pay medical malpractice judgments against the doctor for negligent medical care. However, the Florida Surpeme Court held a hospit

By The Legal Examiner

/ 1 Aug 2007

Government Agencies Liability Limited

Did you know that under the Florida Statutes a recovery for personal injuries is limited against a government agency? Under Florida’s sovereign immunity statute the most a government agency will have to pay is $100,000.00 per an individual’s claim. If a jury awards more than the cap on damages the i

By The Legal Examiner

/ 31 Jul 2007

Jury Finds USF Doctor Negligent

A Tampa jury awarded a family $23.5 million dollars for the wrongful birth of their second child. The jury found a University of South Florida physician was negligent for giving the go ahead to the couple to have a second child even though the couple’s first child had severe disabling birth defects.

By The Legal Examiner

/ 30 Jul 2007

Castleberry Foods Expands Food Recall

This past weekend the Castleberry Food Company expanded its voluntary recall of canned meat products after 16 cans of chili sauce tested positive for botulinum toxin, the toxin resulting in botulism. FDA officials said the cans showed signs of swelling, a telltale indicator of botulism contamination

By The Legal Examiner

/ 26 Jul 2007

America Safer as Truckers Will Not Be Driving Longer Hours

The United States Court of Appeals for the District of Columbia overturned a rule set in place by the Bush Administration that allowed truckers to work longer hours, which increased the number of fatigue related truck accidents. The new rule had increased the average number of driving hours from app

By The Legal Examiner

/ 25 Jul 2007

Drug Maker Fined Millions for Fraud

The manufacturer of Oxycontin pain medicine was fined over 600 million dollars for fraudulently representing to physicians that OxyContin was less addictive and less subject to abuse than other pain medications. In fact just the opposite was true as the drug is so addictive it has been compared to h

By Ed Normand

/ 24 Jul 2007

Fatal Car Accident Closes I-4

One person was killed and three more injured in an early morning car crash involving three vehicles on I-4. One of the vehicles left the highway, went thru a guardrail and landed on a power pole below at the intersection of Wymore and Rogers. After being ejected from the vehicles, one of the injured

By The Legal Examiner

/ 24 Jul 2007

Drivers Over 65 Less Likely to Cause Auto Accidents

The Rand Corp has issued the results of its study of drivers 65 and older. What they discovered is that the 65 and older group are only 33% more likely to cause auto accidents than younger drivers ages 18 to 25 and have only a slightly increased chance over those age 26 to 64.The study looked at aut

By The Legal Examiner

/ 24 Jul 2007

State Farm Dumping More Florida Insurance Policies

Well they are at it again. State Farm announced it is dropping coverage for more Florida residents. These policy holders are not being dumped because of something they did wrong. They did not make fraudulent insurance claims or make excessive claims under homeowners or hurricane insurance claims. Th

By Ed Normand

/ 23 Jul 2007

Urgent Easy-Bake Oven Recall

The Consumer Product Safety Commission has issued a recall for approximately 1 million Easy-Bake Ovens. This defective product recall comes after the February repair campaign failed to prevent injuries.Hasbro, Inc., the maker of the Easy-Bake Oven, has reported to the CPSC that repairs suggested in

By The Legal Examiner

/ 22 Jul 2007

Is The Tide Turning On Tort Reform Rhetoric?

The American Association for Justice conducted a recent poll showing Americans are very concerned about corporate misconduct in causing personal injuries. Most Americans support a strong civil justice system to ensure that corporations are held responsible when they injure people as a result of negl

By Ed Normand

/ 21 Jul 2007

Food Borne Illnesses: Is there any safe or adequate protection from tainted products and food borne illnesses?

Good Morning America today devoted several minutes to the topic of unsafe food. Apparently Congressional hearings are examining the issue. Imported food from China, and as well, the rest of the world, make up a large portion of America’s food supply. Processing and inspection abroad and in this coun

By Council Wooten

/ 20 Jul 2007