Author Archive: Betty Taylor

Florida Supreme Court Rules Hospital Must Provide Records in Medical Malpractice Case

Tampa, FL (Law Firm Newswire) February 27, 2017 – The Florida Supreme Court issued an important ruling in a medical malpractice case, deciding that a 2004 constitutional amendment requires a hospital to provide medical records to a patient’s family.

The family of Marie Charles had filed the lawsuit against Southern Baptist Hospital of Florida, Inc., doing business as Baptist Medical Center, alleging that negligence on the part of the medical provider caused her to suffer a serious neurological injury. The hospital system had argued that it should not have to turn over all documents, because the 2004 federal law provides confidentiality to hospitals that voluntarily submit information about medical errors. The state Supreme Court held that the federal law does not preempt state requirements on the disclosure of medical information.

“This is an important ruling for patients,” said Robert Joyce, a Tampa medical malpractice attorney with Joyce & Reyes. “When patients are injured by medical mistakes, they must have access to their records in order to obtain fair compensation for the harm they have suffered.”

In a 5-2 decision, the state Supreme Court overturned the 1st District Court of Appeal’s ruling that the Jacksonville hospital was shielded by a patient-safety law from being required to turn over documents in the medical malpractice case. The ruling concerned Amendment 7, a ballot initiative approved by voters, with the purpose of expanding patients’ access to medical records.

The majority opinion by Justice Barbara Pariente stated that Congress intended the federal patient safety act to improve health care, not shield providers from their responsibilities under Amendment 7. The opinion was joined by Chief Justice Jorge Labarga, justices Peggy Quince and R. Fred Lewis and Senior Justice James E.C. Perry.

The parties had filed a stipulation of dismissal the day before oral arguments, but the Court rejected it, stating that it could not let the 1st District holding stand, since it held that part of the state constitution was invalid.

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
Call: 813.251.2007

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Attorney Jordan Redavid Comments on MLK Day Mass Shooting

Criminal defense lawyer, Jordan Redavid

Criminal defense lawyer, Jordan Redavid

Miami, FL (Law Firm Newswire) February 27, 2017 – Miami-Dade Police announced a $21,000 reward for information leading to the arrests of those behind a January 16 mass shooting in Martin Luther King Jr. Memorial Park in Miami, Florida.

The incident occurred toward the end of a parade honoring the legacy of the slain civil rights leader for which the park is named. At least one unidentified shooter opened fire on the crowded park. Hundreds of spectators, including families and children, ran for safety. Eight people ranging in age from 11 to 30 were shot and five others were transported to local hospitals with injuries.

“After multiple tragic mass shootings in Florida within a month, the spotlight has yet again turned to gun control,” said Miami criminal defense attorney Jordan Redavid. “This could have serious consequences for people charged with violent crimes that involved the use of a deadly weapon. They may face overzealous prosecutors disregarding their rights and hoping to make an example out of them.”

Miami-Dade Police Director Juan J. Perez said the investigation into why the shooting happened and who was responsible for it is ongoing. A gang fight is suspected to be behind the violence.The police department released descriptions of two men being sought in connection with the shootings. They were both described as 18 or 19-year-old African Americans.

Authorities arrested two men at the park on separate weapons charges not connected to the shooting. Alexander Brito-Peralta, 28, and Tavarius Flowers, 29, were detained for carrying a concealed firearm. Flowers was also charged with child abuse. According to arrest records, Flowers told police he put two of his sons under the playground and left his firearm with them while he went to search for his third son.

“The laws are especially harsh toward people charged with weapons violations. In Florida, carrying a concealed firearm is a third-degree felony that can result in a five-year prison sentence,” commented Redavid. “That’s why having the assistance of an experienced lawyer who can fight such harsh punishment can make all the difference.”

Redavid Law, PLLC
55 SE 6 Street Suite 205
Miami, FL 33131
Phone: (305) 938-9939

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