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Malicious Prosecution Revived by Appeals Court, Being Heard by the Supreme Court by Marshall A. Adams, Esq.

The tort of Malicious Prosecution (someone intentionally filing a false or frivolous case against someone else) was eviscerated in Florida's 3d District Court of Appeals by Wolfe v. Foreman, 128 So. 3d 67 (Fla. 3d DCA 2013), due to the doctrine of “litigation privilege.” Litigation privilege prevents a party or an attorney from being sued for actions taken during litigation. Many, including this author, were surprised by the ruling. Frankly, malicious prosecution is one of the few effective tools to use against unethical litigants and their attorneys, after you win.

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Judge Grants Summary Judgment in OB-GYN Case: Hawkins v. Agnant

Lubell Rosen partner Steven Lubell, Esq., a medical malpractice defense lawyer, was granted summary judgment for his client, Dr. Guirlane Leonare Agnant, M.D., after successfully demonstrating that the plaintiff, Lakisha Garcia Hawkins, was never Dr. Agnant’s patient and had no claim against her. 

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Cosmetic Surgeon Defeats Negligence, Malpractice Accusations: Ramos v. Mercado

On April 27, 2013, Steven Lubell, Esq., secured a victory for a leading cosmetic surgeon from Lake Mary, Florida who was accused of negligence and malpractice by a former patient. Lubell, a partner and co-founder of Lubell Rosen, successfully represented Dr. Carlos Mercado, and presented evidence to prove that Dr. Mercado acted responsibly and with the informed consent of his patient, plaintiff Maria Ramos. 

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The Unauthorized Practice of Law is a No-No: Phoenix Business Consulting, Inc. vs. Summit Partners Group, LLC

Under Florida law, any individual who does not hold a law degree is not permitted to practice law or offer legal advice and counsel. Likewise, if the individual is not licensed, charging a client for such services is also illegal. In 2013, Florida attorney Marshall A. Adams, Esq. of Fort Lauderdale law firm Lubell Rosen, represented Phoenix Business Consulting, Inc., in a case in which the company was billed an exorbitant amount of money for illegal law services rendered by a non-lawyer consulting group. 

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Rosen Successfully Defends Doctor in Amputee Case: Strong v Strong

In the 2009 case of Strong vs. Strong, one of the largest civil lawsuits in Broward County’s history, Mark Rosen, Esq., a partner at Lubell Rosen, a leading Florida medical malpractice defense law firm, successfully defended a hospital internist from a malpractice claim after a patient had her arms and legs amputated.  

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Doctor Not Liable in Pulmonary Embolism Case – Miller v. Dawkins

Medical malpractice defense lawyers at Florida law firm Lubell Rosen successfully defended a local physician who had been charged with negligence after his patient died of a pulmonary embolism hours after she fainted at home. Eliza Miller, 67, suffered an out-of-the-blue fainting spell in the early morning of Oct. 14, 2011. She was taken to the emergency room at Lawnwood Regional Medical Center & Heart Institute in Fort Pierce, Florida, where several doctors attempted to diagnose the cause of her fainting. 

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Going Bare – The Case of Kamy v. Golden

In Florida, primary care physicians, specialists and other health care professionals can opt out of medical malpractice insurance coverage in a practice known as “going bare.” Going bare allows doctors to avoid paying high insurance deductibles and monthly or annual premiums, but without adequate legal support, it can be a risky decision, especially in today’s increasingly litigious society.

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Doctor Found Not Liable In Breast Cancer Case – Martin v. Sowers

On Sept. 30, 2014, Lubell Rosen malpractice defense lawyers Steven L. Lubell, Esq., and Aldo M. Leiva, Esq. received a complete defense verdict in favor of their client, a local radiologist charged with liability in a patient’s breast cancer diagnosis. The jury ruled that the doctor could not be held responsible for failing to detect the cancer. 

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Wrongful Birth: The Case of Mejia v. Morel

The Florida Fourth District Court of Appeals has reversed the $2.5 million verdict that a Palm County judge awarded to parents whose son was born with serious deformities, after determining that the trial judge erred in limiting the defense’s testimonies. With this reversal, attorneys Steven L. Lubell and Mark L. Rosen, Florida malpractice defense attorneys at Lubell Rosen, have successfully secured a new trial for their clients, Marie Morel, M.D., and OB/GYN Specialists of the Palm Beaches. 

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As Jerry Seinfeld Would Say, "If the Bra Doesn't Fit, You Must Acquit!"

On March 25, 2010, a Michigan jury found in a favor of the defendant, plastic surgeon Michael Freedland, MD, in a civil action for medical malpractice. The plaintiff alleged that Dr. Freedland negligently performed a breast mastectomy resulting in a mal-placement of her nipple so that it was visible above her brassiere or while wearing a bikini. She sued Dr. Freedland for over $500,000 in damages. The jury found no negligence on the part of the doctor.

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