Medical Malpractice

Falk Waas represents and advocates for hospitals, physicians and other healthcare providers.

Physicians, healthcare providers and hospitals must take into consideration an evolving multitude of legal issues, with medical malpractice being one of the most significant and consequential.

Falk Waas has successfully defended hospitals and practitioners with the right tools to protect their practices and advocate for their best interests.

We represent healthcare providers in malpractice matters from pre-suit investigation through trial. We also advise our healthcare clients in Amendment 7 inquiries, root cause analysis, peer review, patient safety organizations and medical staff issues.

Collectively, our attorneys leverage their decades of experience across various practice areas to strategically deliver the best results for our clients.

Representative Cases

Past liens not recoverable

Child with a history of sickle cell anemia presented to the hospital and had sepsis and a quadruple amputation. The case was submitted to arbitration. Past liens were excluded as not being recoverable in arbitration and the court allowed for evidence of future collateral sources including what Medicaid and Medicare would pay for. Following these rulings, the case was resolved.

Summary judgment granted on statute of limitations defense

Medical malpractice claim involving a failure to delay labor and delivery in 2005, where the child had a catastrophic brain injury. Plaintiffs filed a petition to extend the statute of limitations in 2008 and did not send a Notice of Intent until 2013. Defendant filed a Motion for Final Summary Judgment because the statute of limitations barred the claim. After an extensive hearing on the motion, the Judge granted the motion and entered judgment in the Defendants’ favor.

Summary judgment granted on brain injury case

Represented hospital sued for medical malpractice for brain injuries allegedly caused by the physicians and staff of the neonatal intensive care unit. Successfully obtained Final Summary Judgment based on the statute of limitations citing appellate decision holding the statute which extends claims for minors to eight years old applied only to the statute of repose and did not affect the two year statute of limitations.

Summary judgment granted for failure to comply with Fla.Stat. § 768.28(6)(a)2

Secured Final Summary Judgment in favor of a hospital based on the expiration of the statute of limitations by determining on receipt of the case file that Plaintiff failed to provide the required notice of the claim to the Florida Department of Financial Services within 2 years of the accrual date as required by Fla.Stat. § 768.28(6)(a)2. Also successfully fought off argument by Plaintiff that prior defense counsel and presuit third party adjuster waived the requisite separate notice that had to be given to the Department of Financial Services.

Lawsuit dropped after damaging surveillance

Plaintiff claimed blindness following a neurosurgical procedure. We retained a private investigator to surveil Plaintiff. Video surveillance captured the Plaintiff driving a car and using power tools. The lawsuit was dropped after the surveillance video was shown to Plaintiff’s counsel.

Defense verdict returned in catastrophic brain injury trial

Case involved an alleged delay in transfer from a community hospital to a tertiary care center of a 13 year old girl with a longstanding history of hydrocephalus with signs of increasing intracranial pressure. Toward the end of transfer, the child sustained a brain herniation causing catastrophic brain damage. The trial lasted over 5 weeks and over 60 witnesses were called. The plaintiffs asked for over $60 million in damages. After 6 hours of deliberations the jury returned a defense verdict.

Judgment on the pleadings granted in shoulder dystocia case

Malpractice action involving a delivery resulting in shoulder dystocia. Claim against the hospital was one for vicarious liability. Patient had established prenatal care with the Defendant physician. Defendant moved for Judgment on the Pleadings on the claim for vicarious liability. The trial court granted the Motion in Defendant’s favor. The remaining count against Defendant was for alleged nursing negligence. Defendant then filed Motion for Summary Judgment which the Court granted.

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