Jed Kurzban | Kurzban Kurzban Tetzeli & Pratt, P.A.

Jed Kurzban is an attorney and managing partner at Kurzban Kurzban Tetzeli & Pratt, P.A. He concentrates his practice in the areas of medical malpractice, products liability, and personal injury. He is admitted to practice by The Florida Bar, Hawaii State Bar Association, and before the U.S. District Court Southern District of Florida, the U.S. Court of Appeals 11th Circuit and the U.S. District Court, District of Hawaii. He is a member of the Dade County Bar Association, The Florida Bar, the American Association for Justice, Florida Justice Association, The National Trial Lawyers Association, and the American Bar Association. Jed served as vice chair of the Dade County Bar Association Trial Section and on the Board of Directors for the Florida Justice Association, while also lobbying in Tallahassee for issues relating to medical malpractice and victim’s rights. Jed has also published several articles in the Florida Bar Journal and the FJA Journal and is the author of “How Justice is Served”, a tactical guide of advice, tips, and techniques for evaluating, preparing, and trying cases. He has given multiple lectures on topics relating to Personal Injury, Auto Negligence, Medical Malpractice and Civil Litigation and served as an adjunct instructor teaching pre-litigation tactics at the University of Miami School of Law. Jed earned his B.A. from the University of Alabama and J.D. from the University of Miami School of Law. Jed has first chaired and second chaired several major cases that has led to the changing of several laws and helped usher in new areas of law.

Jorge E. Silva | Silva & Silva, P.A.

After graduating with Honors from the University of Miami School of Law, Jorge E. Silva obtained the highest score on the Florida Bar examination and was subsequently invited to teach the preparatory course for it.

Jorge is passionate about his law practice. He has concentrated his efforts on representing victims of catastrophic medical malpractice events. He firmly believes that patients must have a solution for medical negligence and wrongful death.

Because of his Firm’s involvement in major aircraft, maritime, construction, and products liability catastrophes, Jorge has also become immersed in these matters. Specifically, he has been able to contribute substantially in areas such as establishing a breach of prevailing standards, causation, and damages.

Mr. Silva is a member of the Florida Bar, the American Bar Association, the Association of Trial Lawyers of America, and the Academy of Florida Trial Lawyers. He is also a member of the Million Dollar Advocates Forum and is rated AV by Martindale-Hubbell, a recognition by his peers that places him amongst the top trial attorneys in the nation. The South Florida Legal Guide has also awarded Mr. Silva as “Top Attorney” 10 years consecutively. Recently, Mr. Silva was nominated as a “Best Attorneys of America” by Rue Ratings. Also, Mr. Silva has been awarded the distinction of Super Lawyer 2023 in the area of Plaintiff’s Personal Injury and Medical Malpractice.

Additionally, in his quest to ensure that all victims of negligence, not just Silva and Silva’s clients, are appropriately represented, Mr. Silva devoted part of his own personal time as a law school professor. Mr. Silva designed an in-depth course “Florida Medical Malpractice Practice and Procedure” and wrote the course syllabus and material used by aspiring attorneys. And, as yet another way to show his appreciation, Mr. Silva donated his entire professor’s salary to the law school for the funding of a scholarship.

He has participated in “Put Something Back”, a pro-bono effort by Miami attorneys and judges to represent, free of charge, those who cannot afford the services of an attorney in civil matters. He is a Charter Founder of the Coalition for Family Safety and sits on the Board of Advisors for Misioneros del Camino, a non-profit organization dedicated to helping orphaned children.

Jorge E. Silva is a proud and dedicated father of four. As such, he is tenacious in his quest to be an advocate for victims and their families.

Session I – The Shifting Terrain of Medical Malpractice: Staying ahead of the curve | 11:00am – 1:10pm

• Emerging Trends and Noteworthy Cases in Medical Malpractice
  • Analysis of recent court decisions and evolving legal standards in medical malpractice cases
  • How AI may impact medical malpractice cases
  • Insights into how these changes may impact future litigation
  • Media trends, public opinion on healthcare and how it shapes jury decisions
• Key Issues in Telemedicine and Virtual Care
  • Legal considerations when technology becomes an integral part of patient care
  • Privacy concerns, informed consent, and liability issues in telemedicine and virtual care
• Electronic Medical Records: Current issues and solutions
  • Practical tips for more effective use of EMRs
  • Current issues and potential solutions to common problems in EMR use
• HIPAA and Data Breaches 2024
  • Current state of HIPAA regulations and the impact of data breaches on medical malpractice litigation
  • Strategies for preventing breaches and responding to them when they occur

Break | 12:00pm – 12:10pm

• Intersection of Mental Health, Informed Consent, and Medical Malpractice Litigation
  • Complex relationships between mental health, informed consent, and medical malpractice
  • How these issues intersect and impact litigation
  • Know your clients and their tolerances, what they can speak about and what will be too difficult for them
• Expert Witness Depositions and Cross-Examination
  • New approaches, questions, and techniques for expert witness depositions and cross-examination
  • Improving skills in these critical areas
• Presenting It All at Trial
  • Every story needs a “bad guy”
  • What is the best way to get your story across? Mixed media, video, physical boarding of evidence, etc
  • Who is the judge, how do they think, and how has their life experience influenced their decision making?

Break | 1:10pm – 1:20pm

Session II – Eyeing the Risks: Navigating malpractice claims against ophthalmologists | 1:20pm – 2:20pm

• Ophthalmology Claims and Typical Allegations
  • Negligently performed cataracts surgery including mal-positioning of the intraocular lens and/or failing to completely remove the cataract and/or allowing cortical material to remain with cortex in the anterior ocular chamber
  • Negligently performed cataracts surgery including failing to recognize the presence of vitreous in the anterior chamber, failing to perform a preventative vitrectomy, failing to properly suture the wound, and failing to ensure a watertight incision which would have prevented the vitreous from being incarcerated in the incision
  • Detached retina
  • Vitreous hemorrhage
  • LASIK malpractice claims
• Proof Issues in Eye Injury Lawsuits
  • Florida Law, like most states, has strict procedural requirements that must be met prior to initiating a claim, including the requirements of a Verified Medical Expert Opinion and a Notice of Intent to Initiate Litigation
  • Demonstrating eye injuries and/or loss of vision: Types of evidence and expert testimony to support a “more likely than not” burden of proof
  • The role of medical experts in ophthalmology malpractice cases: Guidance from the 2022 American Academy of Ophthalmology Advisory Opinion on Expert Witness Testimony
  • Case studies: Applying proof principles in real-world ophthalmology malpractice cases
• Defenses and Risk Management Strategies
  • Defenses to ophthalmology malpractice claims: Informed consent, standard of care, statute of limitations, and causation. Determination as to the whether the patient’s vision was in fact decreased due to medical negligence or whether it was a natural progression of the patient’s age and/or underlying comorbidities
  • Risk management strategies for ophthalmology practices: Documentation, communication, and patient safety
  • Insurance coverage
  • Tort reform, attorney’s fees and bad faith actions
  • Emerging trends and hot topics in ophthalmology malpractice: What’s on the horizon?