Orange FL and Medical malpractice Lawyers | Brian L Smith -- eLawyers

Brian L Smith

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407-628-4848

Bar #150827(FL) License for 26 years

Winter Park FL

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80-1067 Sun First Nat. Bank of Orlando v. Gieger (1981)

District Court of Appeal of Florida Filed: Aug. 19, 1981 Citations: 402 So. 2d 428

402 So. 2d 428 (1981) SUN FIRST NATIONAL BANK OF ORLANDO, a National Banking Association, Appellant, v. W.L. GIEGER, a/k/a Wilfred L. Gieger, and Henrietta W. Gieger, His Wife, Appellees. No. 80-1067. District Court of Appeal of Florida, Fifth District. June 10, 1981. As Corrected on Denial of Rehearing August 19, 1981. *429 Patrick T. Christiansen of Akerman, Senterfitt, Eidson, Orlando, for appellant. Ronald L. Sims of Hoffman, Hendry, Stoner, Sims & Sawicki, Orlando, for appellee W.L. Gieger. ..

2D08-316 Rushing v. State (2008)

District Court of Appeal of Florida Filed: Jul. 02, 2008 Citations: 985 So. 2d 541

985 So. 2d 541 (2008) RUSHING v. STATE. No. 2D08-316. District Court of Appeal of Florida, Second District. July 2, 2008. Decision without published opinion. Affirmed.

10-002922N ARMANDO PAYAS, ESQUIRE AS GUARDIAN AD LITEM AND TRUSTEE FOR LUIS VAZQUEZ, A MINOR AND TERESA VAZQUEZ AND RIGOBERTO VAZQUEZ, INDIVIDUALLY vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2010)

Division of Administrative Hearings, Florida Filed: May 28, 2010

Whether this cause is barred by the statute of limitations found at section 766.313, Florida Statutes; Whether Luis Vazquez, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan; and Whether lawful pre-delivery notice was provided by the hospital and the obstetricians involved in labor, delivery, and resuscitation in the immediate postdelivery period related to Luis Vazquez's birth. NICA claim barred by statute of limitation but parties entitled to determination of compensability (found) and notice (found). Discusses permanent and substantial mental impairment and vicarious notice for CNM.

09-006958N LATASHA WILLIAMS AND PERRY RUSSELL, SR., ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF PERRY RUSSELL, JR, A DECEASED MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2009)

Division of Administrative Hearings, Florida Filed: Dec. 21, 2009

(1) Compensability, to wit: Whether the injury claimed is a birth-related neurological injury and whether obstetrical services were delivered by a participating physician in the course of labor, delivery, or resuscitation in the immediate post-delivery period in the hospital. (2) Whether notice was accorded the patient, as contemplated by Section 766.316, Florida Statutes, or whether the failure to give notice was excused because the patient had an emergency medical condition, as defined in Section 395.002 (8)(b), Florida Statutes, or the giving of notice was not practicable.Infant's brain injury most likely post-dated labor, delivery, and resuscitation in the immediate postdelivery period (the statutory period) so as not to be compensable. Rebuttable presumption stipulated.

Brian L Smith

80-1067 Sun First Nat. Bank of Orlando v. Gieger (1981)

2D08-316 Rushing v. State (2008)

10-002922N ARMANDO PAYAS, ESQUIRE AS GUARDIAN AD LITEM AND TRUSTEE FOR LUIS VAZQUEZ, A MINOR AND TERESA VAZQUEZ AND RIGOBERTO VAZQUEZ, INDIVIDUALLY vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2010)

09-006958N LATASHA WILLIAMS AND PERRY RUSSELL, SR., ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF PERRY RUSSELL, JR, A DECEASED MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2009)

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