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Is a Wrongful Death claim subject to arbitration?
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Tuesday, October 05, 2010
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In a case of first impression, the Florida Fifth District Court of Appeal issued an October 1 opinion holding that an estate’s wrongful death claim against a nursing facility was subject to the arbitration agreement entered into by the resident when he was admitted into the facility. (La...
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Uniformity
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Wednesday, September 29, 2010
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When you think of the classic nurses’ uniform, you think of a white fitted dress, apron and cap for women and white pants and long sleeve shirts for men. Over the years, the traditional uniform has morphed into more casual attire. In more recent times, nurses have worn scrubs in va...
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More Increases In Homeowner Insurance Rates…but why?
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Friday, September 24, 2010
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It’s interesting to me that the recent increase in sinkhole claims is one of the reasons why Citizens Property Insurance Corporation is asking the Office of Insurance Regulation for an average rate increase of 8.4% on private homes, according to a recent article in the Insurance Journal.
R...
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Increase in Florida sinkholes – or just in sinkhole claims?
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Wednesday, September 15, 2010
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To read various internet commentary or blogging websites (authored primarily by Plaintiffs’ attorneys), one might think that West Central Florida is suffering from uncontrollable sinkhole activity; and according to many of these attorneys, this epidemic is spreading throughout Florida....
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Reporting Medical Errors
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Monday, September 13, 2010
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There are multiple beliefs as to how the reporting of “medical errors” affects the filing of malpractice lawsuits. One thing is certain: the error rates of hospitals will be tracked, and, in 2014, Medicare will cut payment by one (1) percent to hospitals with the highest rates of p...
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Chain of Command
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Wednesday, September 08, 2010
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On August 25, 2010, the Superior Court of New Jersey issued an Opinion in the medical malpractice case, Kowalski v. Palav (click here to view case). The Opinion raises the question of how a trial court should handle testimony that is relevant to the failure of a hospital staff to follow &ldquo...
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Mental Lethargy
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Wednesday, September 01, 2010
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“Mental Lethargy”. What is this exactly? This morning, I read an old 1950’s case from the Florida Supreme Court wherein the court referenced a certain “mental lethargy” by motor vehicle drivers that produced an appalling accident rate. It made me think, what did the Flo...
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Welcome to McCumber Daniels' Blog!
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Wednesday, September 01, 2010
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Welcome to McCumber Daniels’ Blog, ‘Clear and Convincing Evidence’, where you will find commentary, analysis and opinion on current legal topics and other topics that we hope are of interest to our clients and friends.
We welcome comments and questions and we are excited about ...
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