Orlando FLORIDA

ABOUT Janice L. Merrill

Janice is a member of the Casualty and Health Care departments where she focuses her practice in the areas of product liability, premises liability, motor vehicle negligence, medical negligence and long-term care. She represents clients in the Central Florida and Tampa areas.

Janice has handled complex litigation matters in state and federal courts and before administrative agencies in Florida and California since 1985. She has successfully tried numerous cases to verdict before juries and judges, and in arbitration. In addition, Janice has handled appeals in the District Courts of Appeal for Florida.

In her career, Janice has handled cases in multi-district litigation. She has represented physicians, nurses, hospitals, mental health professionals, skilled nursing facilities and assisted living facilities in health care liability matters. Janice has also represented property owners and businesses in premises and general liability matters.

Year Joined

2009

Thought Leadership

Protecting Your Facility From Responsibility for Unavoidable Pressure Ulcers

Orlando
Health Care Liability
Long-Term Care Liability
July 1, 2012

Board Of Contributors: Florida Supreme Court Invalidates Arbitration Provisions In Nursing Home Admission Agreements

Orlando
Long-Term Care Liability
December 23, 2011
Daily Business Review, December 23, 2011

Defense counsel failed to preserve a claim of improper argument for plaintiff's counsel where defendant failed to advance in the trial court the specific ground of objection.

Health Care Liability
April 1, 2010
The Supreme Court found that the District Court erred in granting a new trial on the basis of an improper argument by plaintiff's counsel during closing argument. Case Law Alert - 2nd Qtr 2010

Durable power of attorney was broad enough to authorize agreement for binding arbitration of claim against skilled nursing facility.

Health Care Liability
April 1, 2010
The Fifth District Court of Appeals found that a durable power of attorney was broad enough to authorize the nursing home resident's daughter to enter into an agreement for binding arbitration. Case Law Alert - 2nd Qtr 2010

In order to satisfy the notice requirements of NICA, both participating physicians and hospitals with participating physicians on staff must provide patients with notice of participation in plan.

Health Care Liability
April 1, 2010
The Florida Supreme Court was called upon to decide whether a physician's pre-delivery notice to his or her patient of the plan and his or her participation in the plan satisfy the notice requirements if the hospital where the delivery takes Case Law Alert - 2nd Qtr 2010

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Classes/Seminars Taught

Risky Business: Transitions of Care and Avoidable Hospital Admissions and Readmissions, Florida Society for Healthcare Risk Management & Patient Safety webinar, November 19, 2019

Case Law Update, Florida Society for Healthcare Risk Management & Patient Safety 2019 Conference, Orlando, FL, August 16, 2019

Looking Under the Hood: Is It Time for an Admission and Arbitration Agreement Tune-Up?, Florida Assisted Living Association Annual Conference, Orlando, FL, August 7, 2019

Strategies for Optimizing Risk Management & Patient Safety in Long-Term Care, Florida Society for Healthcare Risk Management and Patient Safety, Orlando, FL, March 8, 2019

Risky Business: Transitions of Care and Avoidable Hospital Readmissions, Florida Society for Healthcare Risk Management & Patient Safety 2018 Conference, Tampa, FL, August 16, 2018

EDs, EMRs & E-Discovery, Oh My! Addressing Related Concerns While Maintaining Optimal Provider Communication, Best Care Practices in the Post-Acute and Long-Term Care Continuum, Lake Buena Vista, FL, October 13, 2017

EDs & EMRs & E-Discovery, Oh My! How to Stay on the 'Yellow Brick Road' When the Threat of Litigation Arises, Florida Assisted Living Association 2017 Annual Conference & Tradeshow, Orlando, FL, August 15, 2017

The Defense Bar Strikes Back: EMRs & eDiscovery Risk Management, Florida Society for Healthcare Risk Management and Patient Safety Annual Meeting & Education Conference, Lake Buena Vista, FL, August 10, 2017

EMR & eDiscovery: Managing It, Tools to Generate It, and the Most Effective Ways to Fight It, American Conference Institute's 6th Annual Forum on Long-Term Care Litigation & Risk Management Strategies, Miami, FL, January 22, 2016

You Must Remember This: Memory Care Units and Acuity Creep, DRI Nursing Home/ALF Litigation Seminar, Las Vegas, NV, September 11, 2015

Lessons Learned: How to Prevent and Minimize Liability in Long Term Care Cases, Clear Choice Health Care Annual Meeting of Directors of Nursing, June 2015

Outsmarting Smart Technology: Legal Ramifications in the Assisted Living Setting, Florida Assisted Living Association Annual Conference and Tradeshow, August 11, 2014

Documentation in the Age of Corporate Negligence, Lifespace Communities Administrator and Director of Nursing Conference, Celebration, FL, May 2, 2013

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