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Florida Supreme Court amends the causation instruction to clarify subsequent malpractice

Posted by Guy DiMartino | Apr 02, 2014 | 0 Comments

Leesburg Florida medical malpractice lawyer discusses Supreme Court's recent amended to causation jury instruction.

On March 20, 2014, the Florida Supreme Court amended the causation instruction to make it clear that an initial tortfeasor is responsible if a doctor commits malpractice while treating an injury victim for injuries related to the accident.

It's black letter law.  If a person is negligence and causes injury they are responsible for all consequences related to the negligence.  This concept can confuse jurors.  In an attempt to clarify the complexity, the Florida Supreme Court amended civil jury instruction 501.5(c) to read:

If you find that (defendant(s)) caused [loss] [injury] [or] [damage] to (claimant), then (defendant(s)) [is] [are] also responsible for any additional [loss] [injury] [or] [damage] caused by medical care or treatment reasonably obtained by (claimant).

The note to the jury instruction states that courts should use the instruction in cases where there is additional injury caused by subsequent medical treatment. This instruction makes sense because bad medical treatment after an initial injury is a foreseeable event and the person or corporation who injured the victim should be responsible for the loss. If you have any questions about a Stuart, Florida accident claim, give me a call at (352) 267-9168(352) 267-9168.

 Guy S. DiMartino, DC, JD
7309 Otter Creek Court
PO Box 186
Yalaha, FL 34797
(352) 267-9168
 
 

Photo Attribution: Image Courtesy of Salvatore Vuono/freedigitalphotos.net

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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