Resources for Practicing Attorneys
Click the PDF or Video links below to access the files.
View the System Requirements at the bottom of this page for optimum performance.
New Florida Medical Malpractice Laws
| Florida now has newly enacted legislation pertaining to medical malpractice matters which became effective on October 1, 2011, and which applies to causes of action accruing on or after October 1, 2011. | |
| a) FL ST 766.104, 106, 1065, 203, 205, 206 | |
| b) FL ST 766.1065(2011) | |
| c) Notice of Intent | |
| d) FL ST 766.102 and 458.3175 | |
| Birth Trauma: Litigating Medical Malpractice Cases in Numerous States
Ratzan Law Group, P.A. is currently litigating birth trauma cases throughout the country. The firm’s attorneys are licensed to practice law in Texas, Louisiana and Florida and are admitted pro hac vice in several others. This article addresses some of the similarities, differences and challenges of litigating medical liability in various states |
Summary of the Key Provisions of Florida Medical Malpractice Statutes
| a) Presuit Notice/Records Request | |
| b) Arbitration | |
| c) Damage Caps | |
| d) Expert Witness Rules | |
| e) Bad Faith | |
| f) NICA | |
| g) No Joint and Several Liability | |
| h) Wrongful Death Statute |
Jury Instruction Samples
| a) Medical Malpractice | |
| b) Automobile | |
| c) Tobacco |
Verdict Form Samples
| a) Medical Malpractice | |
| b) Automobile | |
| c) Tobacco | |
| O.J. McDuffie vs. John W. Uribe, M.D.
Verdict Forms |
|
| O.J. McDuffie vs. John W. Uribe, M.D.
Plaintiff’s Notice of Filing Proposed Order on Plaintiff’s Motion for Entry of Final Judgment and Determination of Prejudgment Interest and Defendant’s Motion for Setoff and Proposed Final Judgment |
|
| O.J. McDuffie vs. John W. Uribe, M.D.
Order on Plaintiff’s Motion for Entry of Final Judgment and Determination of Prejudgment Interest |
|
| O.J. McDuffie vs. John W. Uribe, M.D.
Final Judgment |
|
| O.J. McDuffie vs. John W. Uribe, M.D.
Defendant’s Motion for Judgment in Accordance with Motions for Direct Verdict and Alternative Motion for New Trial |
|
| O.J. McDuffie vs. John W. Uribe, M.D.
Defendant’s Memorandum in Support of Motion for New Trial |
|
| O.J. McDuffie vs. John W. Uribe, M.D.
Plaintiff’s Memorandum in Opposition to Defendant’s Motion for Judgment in Accordance with Motions for Directed Verdict and Alternative Motion for New Trial |
|
| O.J. McDuffie vs. John W. Uribe, M.D.
Plaintiff’s Response to Defendant’s Notice of Filing of Supplemental Authority |
|
| O.J. McDuffie vs. John W. Uribe, M.D.
Order Granting Defendant’s Motion for New Trial |
|
| Susan and John Atkisson vs. United States of America
Federal Tort Claims Act Final Opinion |
|
| American Society of Anesthesiology, Anesthesia Patient Safety Foundation White Paper – Atkisson
Standard of Care for Post-Operative Electronic Monitoring of Patients Receiving Morphine via Injection or PCA Pump |
Successful Equal Protection Challenges to Florida’s Medical Malpractice Damage Caps
| a) Pleadings | |
| b) Successful Final Judgment Challenging FL Malpractice Caps | |
| Pro Hac Vice Rules for Florida |
Sample Animations
| a) Neurosurgery | |
| b) Insulin overdose | |
| c) Motorcycle/Car accident |
Fighting the “Life Expectancy” Expert
| a) Motion in Limine | |
| b) Motion in Limine |
Automobile Negligence Complaint
| a) Injured Plaintiff | |
| b) Deceased Plaintiff |
Commercial Law Complaint
| Complaint |
Sample Discovery Medical Malpractice
| Plaintiff’s Notice of Service of Medical Malpractice Interrogatories to Defendant – Homestead Hospital | |
| Plaintiff’s Notice of Service of Medical Malpractice Interrogatories to Defendant – Homestead Medical Clinic | |
| Plaintiff’s Notice of Service of Medical Malpractice Interrogatories to Defendant – Homestead Diagnostic | |
| Plaintiff’s Notice of Service of Expert Witness Interrogatories to Defendants – Fish D.O. and Homesteadmed, P.A. | |
| Plaintiff’s Notice of Service of Medical Malpractice Interrogatories to Defendant – Nicaisse, M.D., P.A. | |
| Plaintiff’s Notice of Service of Medical Malpractice Interrogatories to Defendant – Homesteadmed | |
| Plaintiff’s Notice of Service of Medical Malpractice Interrogatories to Defendant – Elias, M.D | |
| Plaintiff’s Notice of Service of Medical malpractice Interrogatories to Defendant – Nicaisse, M.D. | |
| Plaintiff’s Notice of Service of Medical Malpractice Interrogatories to Defendant – Fish, D.O. | |
| Plaintiff’s Notice of Service of Medical Malpractice Interrogatories to Defendant – Weinstein, M.D. | |
| Plaintiff’s Notice of Service of Medical Malpractice Interrogatories to Defendant – Elias Radiology | |
| Plaintiff’s First Request to Produce to Defendant – Nicaisse, M.D. | |
| Plaintiff’s First Request to Produce to Defendant – Elias, M.D. | |
| Plaintiff’s First Request to Produce to Defendant – Homestead Diagnostic | |
| Plaintiff’s First Request to Produce to Defendant – Elias Radiology | |
| Plaintiff’s First Request to Produce to Defendant – Homestead Medical Clinic | |
| Plaintiff’s First Request to Produce to Defendant – Nicaisse M.D., P.A. | |
| Plaintiff’s First Request to Produce to Defendant – Homesteadmed | |
| Plaintiff’s First Request to Produce to Defendant – Fish, D.O. | |
| Plaintiff’s First Request to Produce to Defendant – Weinstein, M.D. | |
| Plaintiff’s First Request to Produce to Defendant – Homestead Hospital | |
| Plaintiff’s Supplemental Interrogatories to Defendant – Weinstein, M.D. | |
| Plaintiff’s Third Request for Production to Defendant – Homestead Hospital |
Sample Discovery Auto Accident
| Plaintiff’s Notice of Serving Surveillance Interrogatories to Defendant | |
| Plaintiff’s Notice of Serving Supplemental Interrogatories to Defendant | |
| Plaintiff’s Supplemental Request to Produce to Defendant |
Sample Discovery Tobacco
| Plaintiff’s Notice of Service of 1st Set of Interrogatories to Defendant | |
| Plaintiff’s First Request for Admissions and Interrogatories to Defendant | |
| Plaintiff’s Affirmative Defense Interrogatories to Defendant | |
| Plaintiff’s First Request to Produce to Defendant | |
| Plaintiff’s Second Request to Produce To Defendant | |
| Plaintiff’s Third Request to Produce to Defendant | |
| Plaintiff’s Fourth Request to Produce to Defendant |
Amendment Seven (Patient’s Right to Know) Litigation
| a) Plaintiff’s Motion to Compel Amendment Seven Documents | |
| b) Trial Judge’s Order | |
| c) 3rd DCA Opinion |
Amendment Seven (Patient’s Right to Know) Litigation
| a) Plaintiff’s Motion to Compel Amendment Seven Documents | |
| b) Trial Judge’s Order | |
| c) 5th DCA Opinion |
Liposuction/Amputation case
| Eyewitness News Nightbeat WPLG-TV Channel 10 (ABC) Miami |
System Requirements
Adobe Reader
The above downloadable reports are PDF (Adobe) files. You will need to have Adobe reader software loaded on your computer. If you do not have it installed, please download the “reader” for it onto your computer, to be able to open and view our attachments. Below is the link to the reader. It is a free download and very easy to install. The link will open in a new window