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Janice L. Merrill

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Landmark Center One
315 E. Robinson Street, Suite 550
Orlando, FL 32801
(407) 420-4411
(407) 839-3008 - Fax
jlmerrill@mdwcg.com

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.

Significant Representative Matters

  • Obtained a defense verdict in a product liability case on behalf of a gas nozzle manufacturer where a design defect and insufficient warnings were alleged.

  • Obtained a directed verdict on behalf of a gas station operator and major oil company where it was alleged gas was contaminated with water causing engine damage.

  • Obtained a defense verdict on behalf of a nursing home at arbitration where issue was failure to prevent and adequately treat pressure ulcers.

  • Obtained dismissal with prejudice of action for violation of assisted living facility rights when plaintiffs failed to substitute proper party.

  • Successfully defeated at trial a claim radiologist failed to diagnose cardiac condition.

  • Successfully defeated at trial a claim cardiologist failed to diagnose and treat primary pulmonary hypertension.

  • Successfully defeated at trial a claim cardiologist failed to properly treat syncope.

  • Successfully defeated at trial a claim pediatrician failed to adequately treat upper respiratory infection which resulted in death of infant.

Representative Cases

  • Lynx Transp. v. Atkinson, 720 So. 2d 600 (Fla. 5th DCA 1998)

  • Butterworth v. Assi, 824 So. 2d 224 (Fla. 1st DCA 2002)

  • Spindler v. Staton, 827 So. 2d 998 (Fla. 2d DCA 2002)

  • Vucinich v. Ross, 893 So. 2d 690 (Fla. 5th DCA 2005)

  • Certified Marine Expeditions v. Freeport Shipbuilding, 914 So. 2d 983 (Fla. 1st DCA 2005)

Classes/Seminars Taught

  • 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, FALA 2017 Annual Conference & Tradeshow, Orlando, Florida, 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, Florida, 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 (FALA) 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

Published Works

  • "Protecting Your Facility From Responsibility For Unavoidable Pressure Ulcers," South Florida Hospital News and Healthcare Report, August 2012

  • "Board of Contributors: Florida Supreme Court Invalidates Arbitration Provisions in Nursing Home Admission Agreements," Daily Business Review, December 23, 2011

  • Case Law Alerts, regular contributor, 2010-present

Education

  • Loyola Law School, Los Angeles, California (J.D., 1984)

    Law Review: International & Comparative Law Journal, 1982-1984

  • University of Southern California, Los Angeles, California (B.A., 1981)

    Major: Spanish

Law Alerts 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. During closing argument, plaintiff's counsel began to argue that the defendant-doctor..., Case Law Alert - 2nd Qtr 2010
Law Alerts April 1, 2010
The plaintiff served a notice of intent to initiate litigation for medical malpractice against a pediatric neurologist and, upon the completion of the pre-suit period, filed suit against the neurologist. Thereafter, the plaintiff filed an amended..., Case Law Alert - 2nd Qtr 2010
Law Alerts April 1, 2010
The nursing home resident's treating physician's deposition was read into evidence at trial. In the deposition the physician opined that Delta (Nursing Home) was not negligent in its care of the resident. The Second District Court of Appeal held..., Case Law Alert - 2nd Qtr 2010
Law Alerts 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 place..., Case Law Alert - 2nd Qtr 2010
Law Alerts 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. The durable power of attorney granted the daughter the..., Case Law Alert - 2nd Qtr 2010
Conference Aug 10, 2017
Janice Merrill and Chanel Mosley are presenting "The Defense Bar Strikes Back: EMRs & eDiscovery Risk Management," at the 37th Annual Florida Society for Healthcare Risk Management and Patient Safety Annual Meeting & Education...
Conference Aug 14, 2017
Janice Merrill and Chanel Mosley are presenting "EDs & EMRs & E-Discovery, Oh My! How to Stay on the 'Yellow Brick Road' When the Threat of Litigation Arises," at the FALA 2017 Annual Conference & Tradeshow. Their...
Conference Oct 12, 2017
Janice Merrill and Chanel Mosley are presenting "EDs, EMRs & E-Discovery, Oh My! Addressing Related Concerns While Maintaining Optimal Provider Communication" at the Best Care Practices in the Post-Acute and Long-Term Care Continuum...
Conference Aug 16, 2018
Janice Merrill and Chanel Mosley are presenting at the 2018 FSHRMPS Meeting and Education Conference. In "Transitions of Care and Avoidable Hospital Admissions and Readmissions," they will address risk management for transitions of care in...

Education

  • Loyola Law School (J.D.,1984)
  • University of Southern California (B.A., 1981)

Bar Admissions

  • California, 1985
  • Florida, 1997
  • U.S. District Court Middle District of Florida, 1998
  • U.S. District Court Southern District of Florida
  • United States District Court Central District of California, 1990
  • United States District Court Southern District of California, 1990

Associations & Memberships

  • Defense Research Institute
  • Florida Assisted Living Association
  • Orange County Bar Association

Year Joined Organization: 2009


Languages

  • Spanish

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