Simon Dockswell v. Bethesda Memorial Hospital, Inc., etc. Explained — Personal Injury

Supreme Court of Florida • Decided 2017-01-26 • 210 So. 3d 1201; 42 Fla. L. Weekly Supp. 32; 2017 WL 372091; 2017 Fla. LEXIS 193

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Case Summary

PARIENTE, J. The issue presented involves the interpretation of section 766.102(3)(b), Florida Statutes (2011) (the foreign-body presumption of negligence)—specifically whether, in a medical malpractice case involving a foreign body left inside a patient’s body, the burden of proof shifts to the defendant to prove that no medical negligence occurred. The foreign-body presumption of negligence set forth

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