Post-Joerg Florida: How to Stop the Defense From Slashing the Boardable Specials of Plaintiffs Who Are Medicaid or Medicare Beneficiaries

1By: Fay O. Pappas Consider this hypothetical: A. You represent a Medicaid beneficiary for serious personal injuries (for demonstration purposes, let’s pretend it’s a cervical discectomy at C6-C7 with a couple of nights at a local hospital, preceded by a round of steroid injections and other failed conservative measures). B. Thus, your client’s gross medical…

Why We Fight

By Mike Campbell “Can you draw the pedal for me?” That’s the only question I can remember from my deposition. I was around nine years old and I wasn’t frightened by the man asking me questions, or by the scary person wearing a mask at the end of the table (who I would later discover…

Misleading Closing Arguments – Issues and Remedies

By Philip M. Burlington, Barbara Green and Christopher Carlyle Obviously, it is unnecessary to write an article advising you of the case law stating that it is improper to mislead the jury in closing argument as to either the law or the evidence. However, there are some cases holding that some arguments that do not…

Medical Malpractice – Recent Decisions

By Scott R. McMillen & Allison McMillen Florida Supreme Court strikes parts of §766.106 and §766.1065 that allowed ex parte interviews with treating physicians as unconstitutional. Weaver v. Myers, So.3d , 42 FLW S906, 2017 WL 5185189 (Fla. 11-9-2017). The plaintiff filed suit as personal representative of her husband’s estate after he was allegedly killed…

Don’t Just Preserve the Record: Make a GOOD Record

By Shea T. Moxon Most discussions of record preservation focus on which objections and motions you need to make in the trial court to be able to argue certain issues on appeal. But there is another aspect of record preservation that can be just as important, although it receives comparatively little attention: making sure the…