Florida Injury Lawyer Blog

Suicide of Junior Seau and Brain Injuries

Thu, 03 May 2012 15:27:36 -0500

Our Florida accident attorneys are saddened to learn of the suicide of legendary linebacker Junior Seau. The act of intentionally taking one's own life usually occurs when people suffer from a mental or emotional condition such as bipolar disorder, depression, alcohol or drug dependency or other stresses in life that seem inescapable.

Certain risk factors have been identified and should be considered if you are concerned about an individual; such as access to guns, family members who have committed suicide and unemployment or financial problems.

Most suicide attempts do not result in death and are often simply an attempt to cry for help. This occurs when the attempt is less likely to be fatal such as a drug overdose or superficial cutting. However, when, as in the case of Mr. Seau, a gun or other violent method is used, the result is most likely death. Typically, guns are used by males.

The relatives of people who attempt or commit suicide are also deeply affected by the act. Family members sometimes blame themselves or become angry at others for not recognizing the signs and preventing the suicide.

As more information is gathered surrounding the death of Mr. Seau, one question may never be answered, why? Many will never understand why a superstar NFL athlete with half of his life still ahead would have chosen to die by his own hand in such a violent and painful fashion. As a lawyer who sues Florida doctors for not diagnosing a patient who commits suicide under their care, I believe we may never know. I do think that there were undoubtedly signs and symptoms that Mr. Seau had that probably went undiagnosed and treated. Many believe that Mr. Seau's concussions could have led to his suicide. As a Miami attorney who helps people with brain injuries I hope that there will be more research conducted on the impact of head injuries on the risk for depression and suicide. This tragedy can and should provide more awareness about suicide risk factors and treatment options.

4 Questions You Should Ask Your Anesthesiologist Before The Day of Surgery

Wed, 02 May 2012 16:45:52 -0500

As a South Florida lawyer who sues anesthesiologist for medical malpractice I am deeply concerned about patient safety and the quality of anesthesia care that is being provided in Florida's hospitals and ambulatory surgical centers. Anesthesia care is not only very complex and demanding, but when not performed properly, it can have a devastating affect on patients and their families.

I strongly encourage anyone considering undergoing an elective surgical procedure to ask the person providing anesthesia the following four questions before the day of surgery:

1. Is your anesthesia provider a doctor or a nurse?

You may be surprised to know that Florida is one of the states that allows certified nurses who have graduate level education in anesthesia to administer anesthesia, these nurses are called CRNA's. Florida Statute 464.015(6) requires that only a person who has a valid certificate to practice as Certified Registered Nurse Anesthetist may use the title CRNA. CRNA's typically work with surgeons, dentists, podiatrists and even anesthesiologists.

A current debate is raging in our country as to whether or not CRNA's should be allowed to provided anesthesia without a physician present. Not surprisingly, anesthesiologists argue their presence helps prevent deaths and surgical complications while the nurses say there is no difference in the drugs and equipment they use and the standards of care they follow.

Physicians who provide anesthesia have at least eight years of medical training and supposedly have the ability to diagnose and treat medical problems that can arise in the commonly referred to "preoperative period." "Peri" means "all-around" the surgical experience, and includes: medically evaluating the patient before surgery (preoperative); consulting with the surgical team; providing pain control and supporting life functions during surgery (intraoperative); supervising care after surgery (postoperative); and discharging the patient from the recovery unit. CRNA's do not have the training or experience to provide the same level of care.

Regardless of whether or not you select a doctor or nurse to provide you with anesthesia, you should ask specific questions regarding their qualifications and specific experience in your procedure.

2. Is the anesthesiologist insured for medical malpractice?

Sadly for Florida's patients injured by careless doctors, there is no requirement that doctors who provide anesthesia must carry medical malpractice insurance. Ironically, I have found that most nurse anesthetist I have sued in Florida do have medical malpractice insurance. Without medical malpractice insurance, you may have a difficult to impossible time collecting damages for any harm caused by an anesthesiologist in Florida.

3. What are the qualifications of the personnel in the recovery room?

PACU or the post anesthesia care unit is where patients emerge from anesthesia following surgery. A patient's breathing, circulation and level of consciousness have to be carefully monitored when coming our of anesthesia. It is up to the anesthesiologist to determine if the patients have sufficiently recovered and are ready to be sent home or moved to a hospital room. We believe that it is vitally important to have an anesthesiologist present in the recovery room in order to make this determination.

According to the American Society of Anesthesiologist, "the role of the anesthesiologist in this setting includes the provision of medical assessment and diagnosis, respiratory and cardiovascular support, and infection control."

4. Who will manage you medically after surgery?

Ask specific questions about who will be following you and when for pain control, prevention, treatment of infections and other post operative complications. We strongly urge you to be in optimal health before any elective surgical procedure.

If you have medical problems, such as diabetes, high-blood pressure or are a smoker, you should obtain clearance from a primary care physician before undergoing an elective surgery. You should discuss your health history in detail with your anesthesiologist who can determine if further medical clearance is necessary.

Our South Florida anesthesia mistake attorneys believe that the best way to avoid being a victim of surgery malpractice is to come prepared by doing research on the procedure as well as the specific members of your surgical team.

Back Up Accident Kills Florida Child

Mon, 30 Apr 2012 17:54:12 -0500

The Miami Herald reports that a 51 year old Florida women named Pamela Bodenheimer accidentally drove her SUV over a 22 month old boy named Brady Hutto. Ms. Bodenheimer told the investigators that she did not see the boy. So far, no formal charges have been filed. According to the Titusville Police, it appears that the incident was a tragic accident with no indication that alcohol was involved.

Just last week, I blogged about deadly blind spot back over accidents in Florida and how to avoid them.

The tragic death of this child is a reminder of the need to have laws mandating back-up sensors and cameras on every vehicle, especially SUVs and minivans. Ms. Bodenheimer was driving a sport utility vehicle when she ran over the boy. Sadly, every year thousands of children and adults are injured or killed as a result of vehicles backing up over them. Often these back up accidents involve children under the age of 5 and elderly persons over 60 years of age.

Our Miami pedestrian car accident lawyers hope that no other child will ever be harmed by a back up accident. Since all vehicles have blind spots, we recommend the following safety tips to keep your children safe:

1. Properly supervise children at all times, especially if motor vehicles are present.

2. Teach children not to play in, under, or around cars or trucks.

3. Always assume children are present and carefully and slowly back out.

4. Do not make your driveway a "playground."

5. Do not let children play with your car. Vehicles are not toys.

6. Have backup sensors and a camera installed.

How to Avoid Breaking Your Child's Leg on a Playground Slide

Fri, 27 Apr 2012 10:40:17 -0500

One of the saddest aspects of my job as a Florida injury attorney is when I am called upon to represent a child innocently injured in a preventable accident. Florida playground and recess injuries are common and often involve inadequate ground padding, poorly maintained equipment or lack of supervision. Surprisingly, one of the most common playground injuries occurs when the child is literally in the lap of an adult. "Sliding board injuries" happen when an adult is holding a child wearing rubber soled shoes, using a typical playground slide. As the two are going down the slide, the child's foot gets caught and stuck on the side of the slide and twists; causing a spiral fracture of the tibia or lower leg bone.

This kind of bone break is very painful and requires at least six weeks in a cast and sometimes surgery and physical therapy. Depending on the age and location of the break, it can also leave the kid with a lifelong deformity. Understandably, parents also suffer when this happens as they are often racked with guilt and subjected to anger from the other parent for injuring their child.

These types of playground accidents are not uncommon, According to a recent published study at the Winthrop University Hospital in New York, evaluating 11 months of pediatric injuries treated at an emergency room, nearly 14 percent of all children treated for broken legs sustained the injury while using a playground slide.

Fortunately, this kind of children's injury is completely preventable, according to the brilliant Dr. Edward S. Holt, M.D. an orthopedic surgeon at Anne Arundel Medical Center in Annapolis, Maryland. The best way to prevent this kind of injury is to simply allow the child to slide down by himself. Our personal injury lawyers in Miami strongly recommend that children always have adult supervision and specific instructions on how to safely use slides and other playground equipment. Another good option, is to simply place toddlers at the slide's halfway point and have the adult standing next to the slide as the child makes it to the bottom. Remember to always inspect the landing area to ensure that is clear of debris, sharp objects and has padding. Lastly, we suggest that children should remove their shoes, especially if they have rubber soles, before riding down any slide. If you decide to take your child down a slide on your lap, make sure the child's legs don't touch the sides or sliding surface.

Since most adults are unaware of the danger of sliding board injuries, we hope that Florida schools and parks will consider posting warning signs. We are devoted to the safety of Florida's children and do not want to see another child's leg broken in a preventable accident.

What If You Have a Minor Personal Injury Claim in Florida?

Wed, 25 Apr 2012 09:39:11 -0500

Without question the biggest obstacle I face on a daily basis being a car accident lawyer in Miami is managing and operating my own law firm. I have written extensively about this challenge in my book "Make It Your Own Law Firm." I have partnered with West Legal to conduct a live webinar on how to start your own law firm tomorrow.

I have found that since our economy has slowed down, "the game" has become increasingly difficult for all lawyers who battle on behalf of the injured against the increasingly fortified insurance defense industry.

Our accident lawyers in Miami are often contacted by clients that have legitimate claims, ranging from medical mistakes that cause a birth injury or spinal cord damage, to falling down while on a cruise ship. Unfortunately, the cost of litigating these kinds of cases make it almost impossible to accept cases where there is not a significant or permanent change in the quality of the injured person's life.

For the typical Florida automobile accident law suit, a case has to be filed in the Circuit Court. If the accident happens in Miami, one would have to file the personal injury law suit in the Miami-Dade County Civil Court. This court operates on two levels: Circuit Civil and County Civil. The Circuit Civil level has jurisdiction for cases where the amount of damages is in excess of $15,000. The County Civil Court has two jurisdictions, Small Claims Court, where the damages can range from $.01 up to $5,000, and County Court where damages range from $5,000.01 to $15,000. Additionally, County Court is where most residential landlord/tenant actions are handled.

The State of Florida is divided up into twenty distinct Circuit Courts. The circuit where a particular Florida car accident law suit can or should be filed is dependent upon a number of complex factors such as where and when the accident happened as well as who and where the parties are. Each circuit has particular rules and regulations regarding the way cases are processed. In addition, each circuit has its own fees that are charged for filing particular pleadings and documents . For instance, the filing fees for a car accident law suit in Miami is $401.00. The cost for filing a Petition to Extend the Statute of Limitations in a Medical Malpractice Case is $42.00. By contrast, the filing fees for the same car wreck case in Monroe County is $400.00 and the cost to extend the Medical Malpractice Statute of Limitations 90 days is $42.00.

Filing the complaint in a car accident law suit is just the beginning. Most cases require multiple depositions, retaining experts witnesses, deposition transcripts, medical records, photographic evidence, travel costs and parking. The average car accident case can cost $25,000 to $50,000, not to mention several grueling years of litigation simply to get a case to a jury trial; without the lawyer being paid a penny. Most Florida personal injury lawyers work on a contingency basis meaning they do not get paid until they win and collect. This constellation of factors make most "small injury cases" financially unsound investments for any lawyer representing the injured, especially when they are battling highly funded insurance defense lawyers with unlimited resources.

Accordingly, as times get tougher for those injured and the devoted lawyers who represent them, I fear that many who have sustained minor, non-life-changing injuries will simply go uncompensated and unrepresented. And once Florida's new PIP insurance law goes into place in January 2013, it appears many will also go without medical treatment.

Florida's Car Accident Insurance Claim Process

Mon, 23 Apr 2012 14:18:57 -0500

It is not uncommon for our Miami Dade County car accident injury law firm to investigate a crash that involves several people in multiple different vehicles. Since Florida law does not require drivers to maintain Bodily Injury Liability (BI) insurance, only those "lucky" enough to be Injured by someone with BI insurance coverage or "smart" enough to purchase enough Uninsured/Under-insured Motorist Coverage will be compensated for their pain, suffering, disease and even death. Sadly, most people do not know what kind of insurance coverage they have until after they have been involved in a Florida car, truck or motorcycle crash; and by then it is too late.

Currently, Florida law requires that all car owners obtain Personal Injury Protection of at least $10,000. Typically insurance companies will try to sell you a $2,000 deductible to make the insurance "cheaper." What the $2,000 deductible does is actually cost the injured money by keeping more of the $10,000 in the insurance companies account. By purchasing PIP with a deductible of $2,000 your are "self insuring" yourself for the first $2,000 of your medical bills regardless of who or what causes your accident. For instance, if you are in a rear-end car crash, caused by no fault of your own, and rushed to the local emergency room, you will be responsible for the first $2,000 of your medical bills, even though the accident was not your fault and even though you had purchased PIP insurance. Essentially all the deductible does is keep more money in the insurance companies account. And when Governor Rick Scott's new PIP laws set to go into affect in 2013, even getting the remainder of your medical bills paid will be close to impossible.

Florida law also requires that each car owner purchase at least $10,000 in Property Damage Liability or PD. This will pay the damage to the car or property of another, if the crash is your fault. All this tells me is that the body shops must have had a very strong lobby in Tallahassee when this requirement was passed, because somehow they were able to convince the legislature that getting people's cars repaired was more important than getting their injured body's medical bills paid or compensating human pain and suffering.

Florida's auto Insurance companies are notorious for convincing you to buy insurance that is neither needed or legally required such as Comprehensive (damage to your own vehicle not caused by an accident), Collision (damage to your vehicle caused by an accident), Rental Reimbursement or Pet Injury Coverage.

In my opinion after over twenty years of suing a Florida insurance companies after a car accident, I believe that the single most important auto insurance coverage in Florida for you and your family is Uninsured/Under-insured Motorist insurance (UM.) Most insurance companies will go out of their way to discourage you from obtaining UM because that is the single most likely coverage that they will have to pay. We are currently representing a family plus three passengers that was involved in a car crash where they defendant only has a $10,000/$20,000 Bodily Injury policy. In other words, the most the policy will pay is $10,000 per person or $20,000 for the entire accident. The problem is that there are more claimants than there is coverage. Unfortunately, none of the injured passengers had purchased UM coverage forcing the five claimants to try to divide up a very limited amount of coverage. Sometimes this can result in protracted litigation between the insurance company, their own insured and those who have been injured in the crash. Had our clients purchased UM coverage they would have protected themselves in the event they were involved in a crash with a driver that either did not have coverage or did not have enough coverage to satisfy the value of the claim.

As a South Florida lawyer who sues people who have been hit by drunk drivers recommends that anyone who owns or operates a car, truck or motorcycle in Florida purchase at least $100,000 in UM coverage. This is not so that you receive a windfall in the event of a tragedy, but rather to make sure that you can receive the appropriate medical care and assistance in the event that a Florida driver hits you with either no insurance or inadequate coverage to compensate you for your loss.

As our economy deteriorates, we predict we will see more and more car crashes in Florida with drivers without insurance. Currently UM insurance coverage is the only way to make sure are protected should you or a family member who lives with you are involved in a catastrophic traffic accident.

Florida's New Personal Injury Protection Law

Thu, 19 Apr 2012 10:25:34 -0500

Florida's Governor Rick Scott made changing Florida's Personal Injury Protection insurance laws a top priority. He claimed that staged accidents and insurance fraud was costing Floridians "a billion dollars a year" by paying higher insurance premiums.

The Florida House and Senate narrowly passed major changes to the law that Governor Scott will happily sign. The sweeping changes to PIP will take affect on January 1, 2013.

PIP is the mandatory insurance that all Florida car auto owners have to carry. It was designed to ensure anyone injured in a Florida car crash receive medical care and reimbursement for lost wages. I have been representing people hurt in a South Florida car wreck for over twenty years. During my entire legal career Florida PIP insurance paid 80 percent of an injured person's medical bills and 60 percent of lost wages up to $10,000 regardless of who or what caused the car accident.

Somehow, of all of the economic and social issues plaguing our state, limiting car insurance payments was one of Governor Scott's top three priorities. The new law forces anyone injured in a Florida car accident to seek medical attention within fourteen days of the crash. In those fourteen days, if the injured seeks medical care anywhere but a hospital, the PIP benefits are reduced to $2,500. After the two week window closes, no bills will be paid by PIP.

In other words, for an injured individual to be eligible to receive to the full $10,000 of the PIP benefits he or she is obligated to purchase in order to own or operate a car in Florida, he or she has to be seen and receive medical care from a medical doctor, osteopathic physician, dentist, physician's assistant or advanced registered nurse practitioner that diagnoses the patient with an "emergency medical condition". The new PIP law defines an "emergency medical condition" as an injury that is so acute and serious that if the injured did not receive treatment it would put the person's health, bodily functions, body organs or parts in "serious jeopardy". For instance, if one is not so seriously hurt in a Miami Beach hit and run wreck, PIP insurance benefits are now limited to $2,500, excluding massage and acupuncture treatments.

In my opinion this will actually force people to seek medical care, primarily from hospitals, whether or not they are injured, for fear of risking having their medical bills go unpaid if their "pain" does not go away.

To further discourage any one from seeking treatment, the new law allows insurance companies to take Examinations Under Oath (EUO) of their own insureds BEFORE any benefits will be paid. An EUO is essentially a sworn deposition, by an insurance company fraud investigator, grilling the injured person about the accident, injuries and treatments. As a Miami back over car accident attorney, I suggest that if you are involved in an a car accident and your insurance company requests an EUO, IMMEDIATELY contact a lawyer and DO NOT attend the EUO without the benefit of counsel.

PIP insurance companies can now force you to undergo an Independent Medical Examination or IME. The problem is that there is nothing "independent" about the exam. Those seeking to obtain benefits might be subjected to having to undergo a physical examination of a doctor chosen for and paid by the insurance company before the benefits will be paid. The new law states that if the injured person fails to show up to two of the scheduled IME appointments, the carrier is no longer responsible for the benefits. Refusing or failing to appear at two IME's will create a presumption that the refusal or failure to appear was unreasonable. This will make it more difficult for an injured person seeking reimbursement of PIP benefits. Our PIP insurance law firm recommends that if your insurance company requests that you undergo an IME, you attend or risk losing your PIP benefits and also immediately contact an attorney to protect your legal rights.

Governor Scott's new PIP law does nothing but create a monumental hassle to those who are injured to simply get their medical bills paid after a car accident. Forcing people to go hospitals and doctors within a prescribed time limit, undergo sworn interrogations and physical examinations simply to get their bills paid seems to me like it is intended to discourage anyone from using their PIP benefits. I wonder what State Farm, All State and Progressive are going to do with all those untouched premiums? I guess if it were up to Governor Scott, they would pay nothing.

Rain Can Turn a Shopping Mall Floor as Slick as Ice

Fri, 13 Apr 2012 15:46:26 -0500

I know lawyers who sue Florida shopping malls for fall down accidents who watch the weather more closely than some meteorologists, because they know when it rains people tend to slip and fall more. Many of South Florida's nicest malls have elaborate ceramic, porcelain and stone patterns. And while these decorative designs are often beautiful, they can become as slick as ice when wet. The slipperiness of a floor is called its coefficient of friction or COF. COF measures the ratio of forces required to move one surface over the other under a given vertical force, such as a women's high-heel shoe over the floor of a Publix's supermarket. The COF is typically measured by a a machine commonly referred to as a pull meter. The COF is also dependent upon where the surface is. For instance the common area of a mall will generally require a lower coefficient of friction than a parking garage ramp or stairs where more physical exertion is required.

There are many types of treatments that can and should be applied to marble floors and terrazzo floors to make them slip resistant, such as certain coatings. These coatings can chemically alter the surface of the floor, making them more slip resistant. However if the coatings are not applied correctly or maintained properly they can actually be more slippery than the floor itself.

Treatments can be applied to some floors that actually etch the surface of the floor creating microscopic craters rendering floors less slippery. This is typically accomplished with the use of hydrofluoric acid. Many South Florida shopping malls avoid using chemical treatment on their floors because they greatly decrease the floor's life expectancy.

As an Aventura shopping mall accident lawyer, I have represented those who have slipped, tripped or fallen in stores and shopping malls across Florida. The malls typically like to defend the case by suggesting that the injured customer is a "con artist" who set the entire accident up, searching for a big payday against the mall's insurance company. For this reason, we always request that the Mall provide the surveillance tape of the not only the fall, but of the hours before and after the event.

Miami shopping malls, hotels, gas stations and banks all have a legal duty in Florida to not just provide reasonable inspection of their property, but also maintenance of the floors. In 2010 the Florida Legislature enacted §768.0755 "Premises liability for transitory foreign substances in a business establishment," requiring the injured plaintiff to prove that the defendant store owner or operator "acted negligently having actual or constructive knowledge of a dangerous condition and should have taken action to fix it."

Accordingly, business owners have a responsibility to maintain their floors properly, which includes making sure they are as slip resistant as possible. Certain factors increase the likelihood of a floor becoming slippery, such as rain water, grease, oil and spilled food. I have personally sued a number of Florida grocery stores such as Costco and BJ's when people were injured after having slipped on food given away as samples but instead, ended up on the floor. Stores that provide samples to customers have an obligation to make sure that there are waste receptacle conveniently located near the samples so that customers do not just discard the unwanted pits, toothpicks and half eaten cheese on to the floor.

The best thing a South Florida mall can do to minimize an injury from a slick floor is to install walk-off floor mats and wet floor signs at the entrance and exits of all stores, especially on days when it is raining.

Floor maintenance should only occur at night when there are no customers so that there is ample time to allow the product to dry. Many businesses, including McDonald's, sometimes perform maintenance during the hour before a store opens, leaving some floors unnecessarily slippery. Simply shifting the hours of floor maintenance would significantly increase customer safety.

Many shopping malls do not keep any records of maintenance or inspection. When I sue a restaurant after someone has been hurt due to a slippery floor, I always demand to review inspection and maintenance logs. Surprisingly, many businesses do not keep accurate logs. Another reason it makes sense to obtain the surveillance video is to compare whether or not the video matches the stores own internal maintenance and inspection logs.

As a Coral Gables personal injury lawyer, I remain devoted to helping those injured in slip and fall or trip and fall accidents in Florida's shopping malls.

Is Your Car's Blind Spot a Killing Zone?

Thu, 12 Apr 2012 09:59:44 -0500

Hundreds of American children are needlessly injured or killed every year from being backed over. Often the driver is a loved one who was unable to visualize the child due to the vehicle's blind-spot. According to Kids and Cars, a not for profit group dedicated to improving child safety around cars, 50 kids are backed over every week, resulting in two fatalities.

Knowing that two children are buried each week by their families, for what I consider a largely preventable tragedy, simply is not enough motivation for the National Highway Traffic Safety Administration to mandate that all cars be equipped with rear view cameras. In fact, the NHSTA estimates that adding back up cameras would save 100 lives per year and prevent more than 7,000 injuries. But the agency, when faced with a deadline to come up with mandatory rules on back up cameras, dropped the ball and "deferred."

As a Hialeah children's accident lawyer and safety advocate I find it impossible to accept that our government cannot do more to protect us from the danger of blind zones. A blind zone is an area either behind or to the side of a vehicle that the driver cannot visualize from the driver's seat. Blind zones are especially dangerous in larger vehicles like SUVs, pickups and minivans. Sadly, these are the types of vehicles most often used to transport children.

Blind zones are measured by placing a 28 inch traffic cone behind the vehicle and utilizing drivers both 5 feet 8 inches and 5 feet one inch to determine how far the cone has to be moved before the top can be seen through the rear window. A 2011 Ford Fiesta SE sedan requires 17 feet and 27 feet, respectively. That means that a child standing or playing behind the vehicle, who is less than 28 inches tall, would not be visible until the vehicle has moved back 17 to 27 feet! To see how your car or truck compares Consumer Report's Back-Up Car and Truck Visibility Study.

My proposal, I think will both save lives and improve the economy, mandate that all cars on the road be equipped with a back up camera today. Too expensive? Employ the thousands of out of work auto workers to assemble a simple pen-sized wireless cameras that can be easily installed at any gas station, DMV or by a soccer mom. It will put both Americans to work and save lives. Do you hear me President Obama and Governor Scott? And as an added bonus, Governor, just imagine how much less PIP insurance we will use if we can just eliminate back-up car accidents in Florida?

OBAMACARE DEBATE DISTRACTS US FROM "THE PATH"

Thu, 05 Apr 2012 16:21:26 -0500

Americans are struggling to pay for health care. I have practiced as a Miami emergency room injury attorney for over 20 years and I have personally witnessed the alarming increase in the number of our clients that either have no health insurance or cannot afford to receive treatment following an injury.

President Obama's idea to force individual Americans into a private contract for healthcare is admirable. After having spent the last twenty years of my life representing those who either did not have access to healthcare or were the victims of careless Florida doctors and hospitals I believe that having medical insurance does not guarantee a patient will receive healthcare that is within the prevailing standard of care.

I am uncertain as to what President Obama means when he uses the term "healthcare" instead of "insurance." Massachusetts is a perfect example of universal healthcare gone wrong, due to a shortage of doctors.

If President Obama's plan is to work there has to be doctors, nurses and hospitals available to provide safe medical care to the patients. And most importantly there needs to be mandatory medical malpractice insurance to protect patients when and if these doctors make mistakes.

This debate seems to have eclipsed a more dangerous law that recently voted on and passed by the U.S. House of Representatives, H.R.5. "Protecting Access to Healthcare (PATH) Act."

The measure passed by a vote of 223-181. It may have serious effects on Florida nursing home injury victims, as well as many others hurt by careless doctors or hospitals. H.R. 5 places arbitrary caps on the amount of money that plaintiffs can receive in a medical malpractice law suit, regardless of what the jury verdict is.

According to the Bill's sponsor, Rep. John "Phil" Gingrey [R-GA11] jury trials in medical malpractice cases are "a costly and ineffective mechanism for resolving claims of health care liability and compensating injured patients." They argue that the mere threat of a lawsuit "is a deterrent to the sharing of information among healthcare professionals which impedes efforts to improve patient safety and the quality of care." Among the stated goals of H.R. 5 is to "reduce the incidence of defensive medicine and lower the cost of health care liability insurance."

As a Broward County medical injury attorney, I feel as though it is irrational to believe that providing doctors and hospitals immunity or caps on damages will in any way increase the sharing of information which will provide improved patient safety and reduce injuries. In my experience, doctors and hospitals prefer to operate in secret, preventing access to the most fundamental information to allow patients to make informed decisions about their own healthcare. Until such time as healthcare providers agree to put patient safety ahead of profits, I do not think they should be afforded any additional protection from law suits. In my opinion, trial lawyers and those who represent those injured by careless doctors and hospitals are the strongest and most effective means to reduce unintended patient injury and death.

Post Traumatic Stress Order and Brain Injuries

Thu, 29 Mar 2012 17:12:37 -0500

Victims hurt in a Florida car crash, slip and fall or as the result of careless doctors usually seek immediate medical attention for their physical pain and suffering. Rarely is any focus put on the more difficult to diagnose trauma known as Post Traumatic Stress Disorder, P.T.S.D. As a Miami PI attorney, I am alarmed if I hear a client complain about sleep loss, terrible images being replayed in their head, or feelings of guilt or fear.

Granted, the majority of our clients who suffer these normal post-trauma reactions to one degree or another recover and return to a relatively normal state within weeks or months of an accident. However, some do not. A small percentage of people get trapped in their trauma and experience chronic P.T.S.D.

The way one copes with emotional trauma is far more complex than once thought. One of the challenges in diagnosing P.T.S.D. lies in the fact that the symptoms often do not surface for weeks or months after the event. Signs of P.T.S.D. can, according to the Mayo Clinic, take years to develop.

Generally, P.T.S.D. is grouped into three classes: Intrusive Memories, Avoidance or Emotional Arousal. Symptoms of intrusive memories typically include flashbacks and nightmares of the event. Symptoms of Avoidance include feelings of numbness, hopelessness and memory problems. Symptoms of Increased Emotional Arousal may include. irritability, guilt, shame, trouble sleeping or self-destructive behavior.

Often, post-traumatic stress disorder symptoms can come and go. The symptoms can intensify when the person is under more stress in general. In addition, symptoms can be brought up by seeing a movie, the smell of a familiar scent or a hearing a song.

If feelings persist or interfere with the quality of one's life, our Aventura traumatic brain injury law firm recommends that you seek immediate medical attention. It is important, that if as as a result of the accident or trauma you had lost consciousness, even for just a few seconds, you relate this history to your doctor.

The symptoms of those who have suffered a head injury or traumatic brain injury (TBI), sometimes mimic and overlap those of post-traumatic stress disorder. Many people believe you have to have had a serious head injury to suffer a traumatic brain injury. This is simply not true. There are plenty of studies which show that brain injuries can occur without direct contact to the head. For example, when a person suffers whiplash from a rear-end car accident, the brain may be shaken within the skull. This damage can cause bleeding between the brain and skull.

Our South Florida accident lawyers are deeply committed to helping our clients rebuild their lives after a catastrophic accident. We work closely with neurologists, neuropyschologists and psychiatrist to make sure our clients are properly evaluated and cared for longer after their case resolves. As sometimes, the emotional damage leaves behind emotional scars more painful than some physical injuries.

Florida Women Dies from Plastic Surgery

Thu, 29 Mar 2012 12:31:29 -0500

As a Broward plastic surgery malpractice lawyer, I was deeply saddened by the recent news of that Idell Frazer, a 50-year old Florida grandmother, lost her life during a liposuction and fat transfer at Strax Rejuvenation and Aesthetics Institute. Our law office is currently representing the family of Lidvian Zelaya who died during the same procedure last year. You can read the filed Stamped Complaint-8731.pdf

Fat embolisms are one of the many known complications associated with fat re-injection procedures. Pulmonary embolisms occur when a blood clot forms and clogs an artery in a patient's lung. Any plastic surgery patient can develop a pulmonary embolism or "PE" but certain factors increase the risk:

1. Surgery is the leading cause of blood clots. The risk of developing a blood clot increases with the duration of anesthesia. In other words the longer the procedure the higher the risk of developing a blood clot. This is one of the reasons that multiple cosmetic procedures are not recommended to be performed during one operation.

2. Prolonged immobility. Blood clots are more likely to form in the legs after patients are subjected to prolonged bed rest (recuperating from surgery) or from sitting in cramped positions during long car trips or flights.

3. Age. Older patients are at a higher risk for an embolism because the valves that move blood in the veins become increasingly inefficient with age. Older patients are more commonly dehydrated and have co-morbid medical conditions like cancer or heat disease which can increase the risk for a clot.

4. Family History. It is important that doctors, particularly those performing elective cosmetic procedures like fat injections, understand a patient's family history for blood disorders. Special tests can and should be ordered before any procedure to determine if there are any clotting disorders that would put a patient at a higher risk for a blood clot.

5. Smoking and Obesity are additional factors that predispose a patient to form a blood clot. The risk is higher when combined with the other factors listed above.

Our Fort Lauderdale surgery malpractice law firm advises anyone considering undergoing an elective cosmetic procedure to have a thorough physical exam performed by a Board Certified internal medicine doctor who has no relationship to the potential plastic surgeon or clinic to obtain medical clearance. In addition, we recommend that you carefully select your plastic surgeon and only use one who is Board Certified in Plastic Surgery. We hope no other family will lose a spouse, parent, child or partner due to a botched plastic surgery.

Januvia and Janumet Claims for Pancreatitis

Wed, 28 Mar 2012 16:35:38 -0500

The FDA has issued a formal warning letter to Merck for being months late on two post-market study deadlines to assess acute pancreatic damage risk associated with the diabetes drugs Janumet and Januvia. Januvia (sitagliptin) is a medication approved for the treatment of adults with Type-2 diabetes. It is one of the first in a new class of medications known as dipeptidyl peptidase-4 (DPP-4) inhibitors, Janumet combines Januvia with metaformin.

The FDA required Merck perform additional testing following increasing concerns over a Januvia pancreatitis over risk three years ago. Merck broke its promise to conduct the three-month pancreatic safety study after the FDA expanded approvals for Januvia and Janumet. The study was due to be completed by March 15, 2011, and a final report should have been presented to the FDA by June 15, 2011. It was not.

One Januvia pancreatic cancer study in 2011 did find indications that the drug may increase the risk of pancreatitis and pancreatic cancer.

The FDA warning appears to be the first time the FDA has invoked its new enforcement authority for postmarking requirements granted under the 2007 FDA Amendments Act. Violations of this obligation can result in charges of mislabeling, and in fines of $250,000 and potentially more if they continue. As a dangerous medication attorney, I am pleased that this may signal a new trend at the agency for holding manufacturers more accountable.

Our Januvia and Janumet claims lawyers advise that if you are taking one of these medications to discuss the risks and benefits with your prescribing doctor. We encourage you to report any adverse events you may have on this medication directly to the FDA. You may also be entitled to make a claim against Merck. Please our contact our Miami Beach personal injury law firm to discuss your legal rights.

One Of Florida's Best Laws For The Injured

Fri, 23 Mar 2012 16:49:00 -0500

Those injured in a Miami traffic accident or slip and fall in a Florida store often receive medical or chiropractic treatment from a clinic or doctor that "specializes" in accident cases. Usually, that means they work with personal injury lawyers, are willing to wait to receive payment, and are comfortable testifying in court.

Occasionally, if the injury is serious enough, an invasive procedure might be performed after other treatment modalities fail. Our clients have undergone many different kinds of surgical procedures ranging from epidural blocks to multilevel disk fusions. When this happens, one of the classic defense tactics at trial is to argue that the treatment or surgery was unnecessary. The objective is to persuade the jury to shift the blame for the plaintiff's injuries to the treating physician and away from the defendant.

Some South Florida hit and run car crash injury lawyers, and many of those hurt in Florida accidents, may not be aware that the cost and impairment of any alleged unnecessary surgery or treatment is actually the responsibility of the defendant, who caused the accident in the first place.

Recently, Florida's Second District Court of Appeal, in the case of Pedro v. Barber, cited one the most important cases in Florida's personal injury tort law: Stuart v. Hertz Corporation. Ms. Baber was involved in a rear-end car accident. After conservative treatment failed, she sought a consultation with an orthopedic surgeon Dr. Nucci. Dr. Nucci performed surgery to repair a herniated lumbar disco and annular tear. The Pedro's insurance defense lawyers hired doctors to testify that Ms. Baber had degenerative lower back issues that were not caused by an accident, and any impairment she had was as a result of undergoing Dr. Nucci's surgery. In fact, they argued that the surgery made her worse and was "unrelated" to the accident.

The court then gave the jury the Stuart jury instruction:

When a person has suffered injuries by reason of the negligence of another and exercise reasonable care in seeking the services of a competent physician, and in following his advice and instructions her injuries are aggravated or increased by the negligence, mistake or lack of skill of such physician, the law regards the negligence of the wrongdoer in causing the original injury as the legal cause of the damages flowing from the subsequent negligence or unskilled treatment.

This allowed Ms. Baber's lawyer to tell the jury, in closing argument, that if Dr. Nucci's surgery was unnecessary then the Pedro's were responsible for it. The jury agreed and ordered that the Pedros were responsible for all of Ms. Baber's medical expenses from the accident. The Pedros appealed and the verdict was affirmed.

As a Dade County rollover car crash injury lawyer, I hope this case will remind insurance defendants, in injury cases, not to try to place the blame on treating doctors solely to attempt to escape liability. The Stuart case and its progeny are also important to protect doctors who are willing to treat those who are injured in accidents, without fear that they can be portrayed as scapegoats by strategic defense lawyers at trial.

Of course, there are legitimate cases where the injured are further damaged by careless doctors, hospitals, and other healthcare providers. In those particular cases, and when appropriate, those negligent healthcare providers should also be held accountable for the harm they cause, in addition to the initial torfeasor.

How to Avoid Being a Victim of an Operating Room Fire

Tue, 13 Mar 2012 17:22:22 -0500

As a Florida anesthesia malpractice injury attorney, I was concerned by a recent FDA study that revealed that nearly 650 fires occur in United States operating rooms, during routine surgeries, every year. Often times, these fires can cause serious injury and disfigurement, and when the fire occurs in the patients airway, it can be fatal. In addition, there can be a profound psychological impact on the medical staff that is involved in a surgical fire.

Most agree that the root cause of surgical fires involves the use of supplemental high concentrations of oxygen, via an open delivery system, which creates an oxidized enriched atmosphere next to an ignition source, such as an electrosurgical unit or laser. This is referred to as the "Fire Triangle."

Since the FDA regulates many of the medical devices used in surgery, such as medical gases, skin preparation agents, electrosurgical units, and surgical drapes, they have undertaken initiatives to reduce the numbers of surgical fires. The FDA and the Anesthesia Patient Safety Foundation agree that anesthesia professionals can contribute to patient safety and minimize the risk of surgical fires. A Fire Prevention Algorithm has been suggested to be used, before surgeries, to assess the particular risk for specific patients undergoing specific surgeries.

As a lawyer, who sues doctors for operating room mistakes, I believe that the prevention of surgical fires in operating rooms is not just the responsibility of the anesthesiologist, but rather the responsibility of the surgical team. The surgical team consists of the surgeons, operating room nurses, and anesthesia professionals, who should work together to identify a patient's risk and then minimize it. Accordingly, the "Universal Protocol," which is used to confirm that the correct patient is receiving the appropriate procedure on the correct body part, needs to also include a risk assessment for a surgical fire.

In addition, hospitals and outpatient surgical centers should be equipped with the appropriate fire prevention tools, starting with an educational program to teach operating room personnel how to assess the risk for OR fires and understand how the risks can evolve as a surgery proceeds. Communication is the key, between the anesthesia provider and the surgeon on the other side of the drape, to understand the elements of the "Fire Triangle." If a patient's oxygen concentration needs change during an operation, the anesthesiologist and surgeon must communicate with each other to consider what the changes might mean in terms of a fire risk.

Our Broward County operating room injury lawyers believe that one of the primary reasons that surgery medical malpractice occurs is because of a lack of communication between the different members of the team, in regards to the overall care of the patient. A surgical fire check list is key to reduce the risk of fire in any healthcare facility. We recommend that before undergoing any operation you ask both your surgeon and anesthesiologist whether or not they have a surgical fire prevention protocol in place. It could just save your life.