Elaine L. Thompson
ATTORNEY AND COUNSELOR AT LAW
REPRESENTATIVE CASES
I provided litigation support for federal tort and pharmacy negligence claims where the treating physician prescribed a powerful antibiotic (which was known to cause kidney damage, nerve damage, hearing loss, seizures, loss of balance, blurry vision) and failed to implement proper monitoring of the patient after the medication was prescribed.
I provided litigation support for a federal tort claim against the United States of America for a medical malpractice claim which resulted from the VA hospital's failure to diagnose and treat a patient who presented to the hospital with strokes symptoms where the failure to diagnose and treat those symptoms resulted in permanent damage to the patient.
I represented a real estate broker and a real estate agent in challenging a decision of the Florida Real Estate Commission finding that the broker and the agent had failed to properly handle escrow funds.
I represented the State in a case decided by all members of the Fourth District Court of Appeal (en banc) interpreting recent changes to the Florida Constitution on post trial bail.
I represented the State of Florida in this Florida Supreme Court decision which addressed whether defendants can challenge sentencing errors on appeal if their trial counsel failed to object to the illegal sentences during the trial court proceedings. This was part of a group of cases decided on the same day.
This appellate case involved multiple constitutional challenges to recent legislative changes to Florida's Prison Releasee Reoffender Act.
I provided litigation support on behalf of young patient who presented to a dentist for medical care where the dentist failed to notify the patient of the presence of an ameloblastoma, an aggressive tumor, in the jawbone. The client needed highly invasive, extensive surgery to mitigate the effects of the delayed notification of the growing tumor.
I represented the State of Florida at the Florida Supreme Court in this case involving seizure of marijuana plants based on a search warrant obtained after the police peeped over the defendant's fence and observed the marijuana plants. The appellate court was considering the extent of an individual's expectation of privacy.
I provided litigation support on behalf of a painter who was injured when he stepped on a skylight on a roof being painted where the skylight was not weight bearing. The owner of property failed to notify the painter that the skylight was not weight bearing. The case resulted in a significant settlement for the injured painter.
In this Florida Supreme Court case, the Court held that the same standards for the admission of expert opinion in general civil and criminal litigation would apply in worker's compensation cases. We filed an amicus brief on a purely legal matter.
I provided litigation support in a case where we represented the family of an inmate who died in state prison due to lack of appropriate medical care for an infection developed in prison. The Department of Corrections ordered the transfer of the inmate from a private hospital, where the inmate was receiving proper medical care, to a prison medical hospital which did not have the right medication needed to treat the infection.
We defended an appeal involving multiple constitutional challenges asserted by an injured worker who sought worker's compensation benefits after the claimant had been convicted of worker's compensation fraud.