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March 28 2022

Checking a doctor’s past malpractice claims

Mark WolinNorth Miami Injury Lawyer, North Miami Personal Injury, Personal Injury, Personal Injury North Miami attorneyformalpractice, bicycle accidents, businjurylawfirm, car accident, car accident attorney, condo accidents, condo falls, condo injuries, condo liability, defectiveproducts, dog bites, duimiami, food poisoning injuries, markwolin, medicalmalpractice, northmiami, northmiamilawfirm, personalinjurylawsuit, premises defects, slipandfall, wrongful death 0

Not generally well known is the fact that the Florida Department of Insurance maintains a database of liability claims against physicians that’s freely available to the public. Every year, doctors and their insurers must report any claim, final judgment, settlement, insurance payment and any claims handling expense in excess of $5,000.00.

– They must report:
– The name and address of the doctor
– His or her insurance coverage.
– The date of the occurrence
– The date of the claim
– The injured person’s name, address, age and sex (which is confidential and not a public record),
– The other doctors involved in the claim
– The date and amount of any judgment or settlement
– A summary of the occurrence creating the claim, including the name of the institution where it occurred
– The diagnosis and/or misdiagnosis
– The operation or procedure, and
– Injury involved

In our medical malpractice cases, we routinely consult this site for intelligence about the physician whom we are investigating, or the ranges of settlement being made by the insurance company. Check out the Florida Office of Insurance Regulation Medical Professional Liability Claims here.

February 25 2022

On the road: Is the bar where they were drinking responsible if your minor injures someone while driving drunk?

Mark WolinNorth Miami, Car Accident, North Miami Injury Lawyer, Personal Injury accidentlawyers, attorneyformalpractice, caraccidentlawyer, dog bites, drunk driving, duimiami, injurylawyers, malpracticelawfirm, markwolin, northmiami, northmiamiattorney, northmiamilawfirm, pedestrian accidents, personainjurynorthmiami, premises defects, slipandfall, slipandfallattorney, workinjurylawfirm, wrongfuldeath, wrongfuldeathlawyer 0

Can the bar that unlawfully sold alcohol to a minor defend itself in a dram shop suit by blaming the minor?

No says a Florida appellate court, holding that by willingly and unlawfully selling alcohol to a minor, the bar becomes liable for injuries caused by the minor driving while intoxicated, and cannot shrug off blame by blaming the person to whom they served alcohol in violation of law.

In general, the dram shop act protects bar and restaurants from claims for injuries caused or sustained by customers who get drunk at the establishment, and then cause an injury while behind the wheel. There are two narrow exceptions: One is where the bar or restaurant “knowingly and unlawfully” serves alcohol to someone who is underage. Two, the other is where the bar or restaurant knowingly sells alcohol to a person they know to be addicted to alcohol.

By “unlawfully and willfully” serving a person under the drinking age, the court explained, the bar becomes liable for the injuries caused by the minor’s intoxicated driving. The bar should not be permitted to blame the teenager when it was the bar which unlawfully sold alcohol to the minor. The purpose of the law, the court said, is to protect the minor.

Ironically, the pedestrian injured in the case, struck while crossing the street, was also an underaged minor, who was intoxicated after having left another bar. She could not be blamed for her condition the court ruled, because the bar that served her was at fault for willfully and unlawfully serving her alcohol.

You can read the opinion yourself right here.

Checking a doctor’s past malpractice claims

On the road: Is the bar where they were drinking responsible if your minor injures someone while driving drunk?

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