Medical Malpractice

Successfully defending doctors, hospitals, long-term care facilities and other health care providers requires attorneys who not only understand complex medical issues, but who also have the litigation and trial experience to effectively explain those issues to judges and juries.  Kubicki Draper has 40 years of experience representing health care providers, managed care entities, nursing homes, dentists, hospitals and  laboratories. Working closely with insurance carriers, risk management departments and health care professionals, we provide complete case evaluation services and aggressive defense in both state and federal courts as well as in arbitration proceedings. We have successfully resolved medical malpractice claims against physicians and other healthcare providers who work in virtually every area of the medical field.  Medical negligence claims are frequently multifaceted; consequently, we routinely represent physicians and medical facilities on licensing matters with the Department of Professional Regulation and the Joint Commission on the Accreditation of Hospitals.

Mold Litigation

Mold litigation grabbed the attention of the insurance industry when a Texas jury awarded over $32 million against a homeowner's insurance carrier in the case of Allison v. Fire Insurance Exchange, informally referred to as "Ballard."  In Florida, mold litigation has flourished since a jury awarded $14 million in a mold claim arising out of the construction of the Martin County courthouse.  The lawyers at Kubicki Draper handle commercial and residential mold claims throughout the state.  In addition, the lawyers at Kubicki Draper handle mold coverage claims for insurance carriers and are actively involved in the education of clients in this new and rapidly evolving area of law.  We provide our clients with information regarding mold from OSHA, the EPA, standards for remediation, particular types of "toxic" mold, legislative issues in Florida, in other states and in Congress.

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