» Attorney Robert Joyce Comments on Florida Brain Injury Case

Attorney Robert Joyce Comments on Florida Brain Injury Case

Tampa, FL (Law Firm Newswire) March 3, 2016 - The Florida Supreme Court denied certiorari relief to the University of Miami regarding the medical malpractice liability of two doctors in a Florida brain injury lawsuit.

The case involves a brain injury suffered during childbirth at Jackson North Maternity Center. The injured boy is now 17 years old. The University of Miami was named as a defendant because it employed two doctors through its medical school.

“The complexities of this case show the importance of being represented by an attorney with extensive experience in medical malpractice and brain injury lawsuits,” said Robert Joyce, a Tampa brain injury attorney who is not involved in the case.

The university argued that it should not be liable because of the Florida Birth-Related Neurological Injury Compensation Association (NICA), which is the state's no-fault compensation program for birth injury cases. Under NICA, claimants may obtain compensation through the program but may not pursue a civil lawsuit for medical malpractice. However, an administrative law judge ruled that while the boy's injuries could be compensated under the program, the doctors failed to inform the parents about participation in NICA, so the family could file a lawsuit.

An appeals court ruled that while the university could not be liable directly, it could be found vicariously liable for the actions of its employees, the doctors. In July, the university asked the Florida Supreme Court to review the appeals court's decision. The state high court's denial of certiorari means that the family can continue to pursue its claim against the university on that basis.

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

View Larger Map

  • Accident involving pedestrian ends in fatality
    On September 14, 2018, a fatal accident involving a Gibsonton woman occurred on U.S. 301 in Hillsborough County, Florida. The pedestrian accident occurred near Sabal Industrial Boulevard. The Florida Highway Patrol reported that the woman was walking southbound on the side of U.S. 301 when she was struck in the head by the side mirror […]
  • Serious injuries caused by dump truck accident in Hillsborough County, Florida
    On August 22, 2018, three children and one adult were seriously injured when a dump truck hit their vehicle head-on. The crash occurred on US 309 in Hillsborough County, Florida. The Florida Highway Patrol reported that the dump truck driver failed to see stopped traffic in front of him and swerved into the opposite lane […]
  • Medical malpractice victims in Florida may now keep the total jury award
    Medical malpractice claims a large number of victims in the United States each year. In fact, the number of medical malpractice suits filed is increasing. On average, the number of suits filed each year is about 85,000. The number of medical negligence or medical malpractice injuries is estimated to be roughly one million per year. At […]
  • Types and symptoms of nursing home abuse
    Nursing home abuse and elder neglect is a serious offense. Senior care facilities owe residents a reasonable standard of care. All residents of a nursing home facility deserve to not be neglected and abused. To ensure quality care, nursing homes and their staff should be capable, competent, caring and well trained. Not all homes, however, […]
  • What to do after a car crash
    An automobile accident can be traumatic. Car crashes are jarring and disorienting experiences, especially if you have been injured. However, there are things you should do, right after a car accident. Call 911. The most important thing to do is to call for help. Call 911 as quickly as possible. Even if you are not […]

See other news sources publishing this article. BETA | Tags: , , , , ,

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required