Florida Injury Lawyer Blog

Florida's Judge and Juries Hate Plastic Surgery Medical Malpractice Cases

Wed, 01 Feb 2012 15:50:17 -0500

Judges and juries dislike medical malpractice cases in Florida especially if they deal with an elective cosmetic procedure or botched plastic surgery.

One would want to believe that in Miami or Fort Lauderdale, places where just about everyone and their mothers have undergone either a breast augmentation or tummy tuck, South Florida jurors and judges would be empathetic. However, that is simply not the case. After representing injured victims of botched plastic surgery in Florida for over 20 years, I believe that most potential jurors fall into one of two categories in how they perceive individuals who are bringing a claim for a botched plastic surgery. First, there are those who have themselves successfully undergone some form of elective plastic surgery and they tend to want to assess fault upon the patient for not going to a better doctor. In the alternative, If the potential juror hasn't had plastic surgery, they tend to believe that the injured patient is responsible for their own injury for not having been satisfied with their looks or being too lazy to go to a gym or diet. In other words, they blame the plaintiff for being "vain." Faced with either type of juror mentality, makes winning a plastic surgery malpractice law suit in Florida extremely difficult.

The typical doctor defense will spend hours going through the preoperative consent forms, that outline every possible complication from scarring, infection, bleeding or even death, to argue that the patient "assumed the risk."

I recommend that all patients take their own pre-op photographs to preserve the evidence of how they looked before to compare to their post-op results. This is especially important if the patient is considering undergoing multiple surgical procedures at one time. I also recommend that they bring all consent forms to a competent lawyer to read before signing.

I have sued dozens of plastic surgeons around the country and most defendants I have found are extraordinarily charming, sophisticated, articulate and seductive. After all, they are able to convince patients that they have the power to make them look younger and more attractive. They can often use those same talents and skills to seduce a jury.

Rarely do elective cosmetic surgeries take place in Florida hospitals. Most are performed in out-patient surgical centers pursuant to Stat re outpatient procedures-490-727.pdf However, when a hospital is involved, obtaining as much information about the quality of care at that institution before the surgery is critical. "Florida's Hospitals Have a Secret" is a recent article I authored on the Huffington Post that details the extent of legal protection Florida law provides both hospitals and the doctors; especially, in terms of how little information injured patients are entitled to obtain from Florida hospitals who have allegedly killed or injured a patient.

Our Florida patient injury lawyers believe that the best way to avoid being the victim of malpractice is to prevent it from ever occurring, by obtaining information about the risk associated with certain procedures as well as the level of care provided at various hospitals and surgical centers. However, as long as Florida's judges, juries and legislature continue to protect doctors and hospitals at the expense of the injured, patients will be at risk.

Florida's Courts Don't Understand Suicide Medical Malpractice

Wed, 25 Jan 2012 15:09:08 -0500

Florida's First District Court of Appeal unplugged the rights of victims of the negligent failure to diagnose suicide in the case of Rebecca A. Tuten as the personal representative of James Tuten v. Alexander Fariborzian, Meridian Behavior Healthcare, Inc.

Here are the facts:

On behalf of her husband, Jame's, estate, Rebecca Tuten sued Dr. Alexander Fariborzian, a psychiatrist, and Meridian Behavioral Healthcare, a psychiatric facility,for his negligent wrongful suicide death in Florida. Mr. Tuten was receiving outpatient care at Meridian for depression and suicidal ideations. He attempted suicide in 2007 and voluntary admitted himself. After only 3 days, he was released on medication. Two months later he again attempted suicide and was admitted in the intensive care unit of a local Florida hospital. After being discharged from the ICU he was readmitted into Meridian, but again after just 3 days of care, he requested to be discharged. This time, Dr. Fariborzian denied his request and a petition was filed to involuntary continue his admission pursuant to Florida's Baker Act. Dr. Fariborzian supported the petition for the Baker Act.

At the court hearing for the Baker Act procedure, Mr. Tuten requested to be discharged and Dr. Fariborzian certified that he was competent to provide his own consent for release with an order to receive follow-up care. The very next day Mr. Tuten shot his wife and then fatally shot himself.

The court dismissed her first complaint and she amended it to include a count against the doctor for breaching the standard of care when he certified that Mr. Tuten was competent to consent and against the facility for vicarious liability and for improperly discharging him. Procedurally similar to a case we are currently working on, where we represent the family of a nurse suing his own employer/hospital for the negligent care that we believe led to his suicidal death, the Court dismissed Mrs. Tuten's case and she appealed to Florida's First District Court of Appeal.

She raised three points on appeal. She argued that the trial court erred in dismissing her complaint under the Baker Act, that both the psychiatrist and facility breached their duty of care and that the court refused to allow her to amend her complaint.

The court dismissed her claim under the Baker Act by holding that a petition for involuntary placement can be withdrawn prior to a hearing and that Dr. Fariborzian opined that Mr. Tuten could decide for himself if he needed to be committed. Essentially, this means that if a psychiatrist petitions a court for the involuntary commitment of a psychiatric patient and then before the hearing decides to change his mind, even if he is wrong about his evaluation, there is no cause of action.

The court dismissed the second count by holding that there is no common law duty requiring the facility or doctor to keep a patient committed against his will once the treating doctor decides that the patient is well enough to make up his own mind regarding commitment . Because, and I quote the court, "the internal workings of the human mind remain largely mysterious."

The court seems to comfort itself by the fact that Mr. Tuten's death occurred outside of the hospital's custody. Using the illogical reasoning of the Chacko court, which apparently gives Florida's psychiatric hospitals, and their staff unlegislated immunity from liability if one of their suicidal patients pulls the trigger after being discharged, regardless of whether the assessment and discharge was done appropriately.

As a Florida lawyer who sues hospitals and doctors I understand that Mr. Tuten was not in the hospital's custody when he shot his wife and ended his own life, but I am outraged that this Court seems to give Florida's corporate medical cartel the comfort of practicing medicine without consequence to the safety and well being of those suffering from depression and suicidal ideations.

Suddenly, the human mind is such an abstract and wondrous mystery that suicides defy prediction or prevention. Somehow, courts are able to divine the intent of parties to contracts or whether or not an accused acted with premeditation. That the court seems to be able to grasp and see through the looking glass of human nature with 20-20 vision. But the suicidal ideations of Mr. Tuten, who already had tried suicide not once but twice before, was not enough for the First District Court of Appeal to simply allow the case to go to a jury to decide? I find it reprehensible that trial and appellate judges, have the audacity to substitute their interpretation of what is reasonable medical and psychiatric care for that of a Florida jury.

If this Alachua County Florida wrongful death case went to a jury and the jury told Mrs. Tuten that her husband had received the appropriate care, I would be disappointed but I would applaud the fact that she had her day in court and that the jury did its constitutionally designed function. This result is unjust and I humbly suggest unconstitutionally deprives not only Mrs. Tuten justice but potentially thousands of Floridian's affected by the failure to diagnose suicidal ideations and prevent their catastrophic consequences. I realize that not all suicides are predictable or preventable. As a Miami-Dade County patient safety advocate I do not believe that Florida's doctors and health care providers should not be accountable for failing to diagnose a potentially suicidal patient and giving that patient the appropriate care. It is simply no different to me than failing to diagnose a stroke or pre-term labor. Psychiatric Medicine is a science and not some mystical medieval folk art. I suggest that they spend some time reviewing some of the recent studies published by the National Suicide Prevention Hotline that have identified genetic markers that are important in understanding risk of multiple suicide attempts.

Our Florida psychiatric medical malpractice lawyers express our sincere condolences to the Tuten family and hope that the Florida Supreme Court will hear their case and reverse the First District Court of Appeal's unjust decision.

Why Is Florida The Nation's Rape Capital?

Wed, 25 Jan 2012 10:32:15 -0500

The legal definition of "rape" in the United States has not changed for nearly 100 years. Since 1920, only forcible vaginal penetration by a man has been classified as rape. This excluded situations where victims were drugged or intoxicated or the alleged anal raping of boys by former Penn State University football coach, Jerry Sandusky.

In 2011, the U.S. Justice Department requested that the F.B.I. form a committee comprised of local and state law enforcement agencies to expand the definition. As a lawyer who helps victims of sexual assault in Florida, I cannot believe it took this long.

President Obama's administration led the crusade to expand the definition to include forcible anal or oral penetration of a man or woman or the rape of a woman by another woman. Yet, they failed to include non-consensual sex forced upon a man by a woman. I personally handled a case in Florida where a female healthcare provider improperly touched a male patient's genitalia in a nursing home.

Florida's criminal law refers to rape as sexual battery and defines it as oral, anal or vaginal penetration by a sexual organ or object. Florida Statute §794.011 1(h) clearly excludes any penetration done in the context of a medical procedure. I disagree with this exclusion as I have represented several women who have been sexually assaulted during medical procedures at South Florida hospitals.

States are now required to report all rapes to the F.B.I. which maintains national statistical data in the Uniform Crime Reports. However, based upon the outdated and inconsistent definitions, many rapes go unreported to the F.B.I.'s uniform crime report. The 2011 numbers have not yet been released, but Florida reported 5,373 forcible rapes in 2010. That is 28.6 forcible rapes (under the old definition) per 100,000 Floridians. Those are only the rapes that are reported to law enforcement. This makes Florida one of the states with the highest probability of being raped.

The Florida Department of Health has a campaign with specific suggestions on how to prevent being a victim of rape called "TALK ABOUT IT." Our Coral Springs sexual assault victim's rights advocates suggest you take a moment to consider their suggestions:
1. Trust your instincts.
2. Avoid people who ignore your feelings.
3. Let a friend know where you are going to be.
4. Know how to get help.
5. Always go out in a group.
6. Be aware of your surroundings.
7. Only accept drinks from someone you know and trust. Never leave a drink unattended.
8. Find out about a person before you agree to go out.
9. Talk about the reality of rape and sexual assault with your friends and family.
10. Identify your limits and clearly state them.
11. Trust your instincts.

Our Pembroke Pines personal injury law firm is devoted to the safety and protection of Floridians who have been victimized by a sexual assault or rape as the result of inadequate security in shopping malls, schools or businesses. We also hold hospitals, nursing homes and health care providers accountable if they improperly touch or sexually abuse patients.

Does Florida's FDOT Care About Monorail Safety?

Thu, 19 Jan 2012 15:19:40 -0500

As a lawyer who sues the Florida Department of Transportation for injuries caused by its carelessness it did not surprise me that that those fancy high speed automated monorails that zip nearly 9000 passengers per day between terminals on the premises of Miami's International Airport (MIA) would end up causing a serious Miami accident.

The Florida Department of Transportation has taken a hands-off approach to inspection and safety of the MIA monorails even though MIA is located within the State of Florida. What is even stranger is that the FDOT oversees identical monorails at both Tampa and Orlando airports. Wonder why? It probably has something do with money.

Sadly, on November 23, 2008, a horrible accident happened at MIA when a three-car monorail on Concourse E with passengers on board flew past its designated stop and slammed into a wall. The accident caused serious personal injury to several Miami passengers and millions of dollars of property damage.

The FDOT did not investigate the accident, but rather, it was left to the National Transportation Safety Board (NTSB). The NTSB holds itself out as an "independent federal agency" charged with the investigation of accidents and the promotion of transportation safety. As I recently reported on the "Huffington Post," the NTSB investigation revealed that accident could have and should have been prevented by appropriate supervision of the maintenance team. More importantly it recommend that the FDOT be involved in overseeing the safety of monorails in the State of Florida regardless of compensation.

Florida's Statute §330 requires the Florida Department of Transportation to administer and enforce the rules and regulations for public airports. I guess the FDOT did not get the memo when it decided to essentially allow the maintenance technicians for the MIA monorail to decide how and when they were to inspect, maintain and repair monorails. That is essentially like allowing a ten-year-old to babysit a nine-year-old without parental supervision, making disaster a certainty.

As a Miami-Dade County PI lawyer, I believe that accidents like this are preventable with proper oversight and accountability. The FDOT needs to work closely with all monorail systems within the state to ensure their safe operation.

Florida's Patients Have a Right to Know About "Adverse Incidents"

Thu, 19 Jan 2012 09:50:30 -0500

As a Miami Beach lawyer who sues careless hospitals I was pleased to see that our Florida Supreme Court finally struck back at the ultra doctor-friendly Florida Legislature in the case of West Florida Regional Medical Center v. Linda See when it ruled that information obtainable pursuant to Florida's Constitutional Amendment 7 is not protected from discovery.

In 2003, Lynda See complained of pain during a consult with her primary care doctor. He then ordered her to have an ultrasound which revealed a tiny amount of "sludge" in her gallbladder. She was then referred to a surgeon who recommended a laparoscopic cholecystosomy or removal of the gallbladder.

The surgery was performed at West Florida Hospital and during the surgery, the common bile duct was severed. A common mistake that I am very familiar with as Florida botched gallbladder surgery malpractice lawyer.

When the lacerated bile duct was discovered, a consult was made by another doctor that the patient needed two kinds of emergency procedures, one called a Roux-en-Y hepaticojejunostomy and the other an open laparotomy. Both procedures were performed without Ms. See's knowledge or consent. She contended that the emergency surgeries were also done negligently, causing additional damage. In addition, she claimed that they doctors failed to monitor her liver postoperatively causing premature liver damage.

Based upon the botched initial, follow up and post-op malpractice, Ms. See was forced to have a another round of surgery in 2005 and had to have a liver transplant. She ultimately filed a Florida gallbladder surgery malpractice case against all the doctors and West Florida Regional Medical Center for both vicarious liability of the surgeons and direct negligence for granting medical staff privileges to those doctors.

Once she filed suit, she requested that West Florida Hospital produce all documents and regulations and rules regarding the surgical credentialing for laparoscopic cholecystosomies, Roux-en-Y hepaticojejunostomy and other bile duct injury reports and all document and evidence pertaining to the training and credentialing of the doctors who performed the procedure on her. In addition, she requested all adverse incident reports that involved the hospital and the doctors in question in regards to laparoscopic cholecystosomies, Roux-en-Y hepaticojejunostomy and other bile duct injury reports. Florida law defines an adverse incident as medical negligence, intentional misconduct and any other act, neglect or default of a health care facility or provider that causes injury or harm to a patient.

Of course, West Florida Hospital objected to these requests and moved for a protective order. They claimed that, while the requests were made pursuant to Florida's Constitutional Amendment 7, the Amendment itself is an unconstitutional violation of the United States Constitution's Supremacy Clause. In addition, the hospital claimed that the information was neither discoverable nor admissible for any purpose in any civil action. They also contended that since her surgeries occurred back in 2003 and 2005, they predated Amendment 7 anyway. Lastly, they argued that Florida credentialing and peer review statutes §766.101(5) and 395.0191(8) prevented the disclosure.

Ms. See's case made its way from the trial court, to the First District Court of Appeal to the Florida Supreme Court. The Florida Supreme Court ruled that Ms. See is entitled to receive a copy of a blank application for medical staff privileges and that Florida's Statute §381.0287(b)1 allows impermissible attempts to limit the disclosures guaranteed by the Florida Constitution's Amendment 7. The hospital also was ordered to produce any evidence of the surgeon's training for Roux-en-Y hepaticojejunostomies, but not the credentialing files for matters other than adverse incidents.

As a Florida injured patient advocate, I strongly feel until Florida's doctors and hospitals are forced to provide open access to the decisions made to give and maintain staff privileges patients care and safety will continue to suffer.

Suing a Midwife in Florida

Wed, 18 Jan 2012 16:36:06 -0500

With more Americans living without health insurance, a growing number of women are choosing to deliver babies at home. Home births are less expensive. According to a recent New York Times article, from 2004 to 2008 more than 28,000 babies were born at home, which is less than one percent of all births. However, the number is increasing. One reason might be the fact that research shows that planned home birth mothers receive fewer interventions, including epidurals, fetal heart rate monitoring and episiotomies, which means that these women are far less likely to experience lacerations, hemorrhage, and infections.

In addition, the research showed that planned home births babies are less likely to be born prematurely, suffer low birth weight or require intubation. Although planned home and hospital births exhibited similar perinatal mortality rates, once the baby is born at home it is three times more likely to die.

As a Florida midwife birth injury lawyer I recommend that only women who are having completely normal, non-eventual pregnancies even consider having birth at home or under the care of a midwife. A midwife should never be considered if the mother has a history of diabetes, hypertension, is carrying twins or has any other type of obstetric complication.
In addition, both the American Congress of Obstetricians and Gynecologist ACOG and the American College of Nurse Midwives agree that any women who has already had a baby by C-Section (VBAC) should have all subsequent babies in a hospital.

In Florida, a skilled and certified midwife has to have a relationship with both a hospital and OB doctor. Certified midwives are licensed in all 50 states and Florida has very specific rules regarding the certification and licensing of a nurse midwife. In Florida, a midwife is defined as any person who supervises a "normal labor and childbirth" with the informed consent of the patient. Normal labor and childbirth is defined as a healthy women with a healthy infant, expelling an intact placenta without injury or complication or undue strain to the mother. Florida Statute §467.003 requires that a certified midwife be a licensed advanced registered nurse and be certified by the American College of Nurse Midwives. The midwife also must be over 21 years old

In addition, our Fort Lauderdale baby delivery malpractice lawyers recommend that if you are considering have a baby born at home that you purchase a home birthing kit that includes plastic sheets, disposable under-pads, menstrual pads, a measuring tape and baby thermometer. Many Florida birth mothers consider having the birth in a special tub called a "birthing tub." If this is rented rather than purchased, we recommend equipping it with a disposable plastic liner.

Since complications can arise at any time during delivery it is very important to have an emergency plan in place for safe and immediate transport to the closest hospital. Statistics show that first-time mothers have a higher risk of complications than those who have previously given vaginal birth.

After over twenty years of being a Florida lawyer who helps babies who have been injured due to careless hospitals and having seen firsthand the catastrophic emotional, physical and financial devastation a birth injury can cause--not just to the baby but to the family--I strongly recommend having your child delivered at a hospital that has the facilities for deliver and a neonatal intensive care unit in case of disaster.

No More Free Lunch for Doctors Who Prescribe Yaz; But Desert Still Being Served in Florida

Tue, 17 Jan 2012 16:19:34 -0500

As a South Miami lawyer who sues doctors, I was very pleased to see that President Obama is making an effort to kill the conflict of interest that exists between patients and their doctors who receive money from drug and medical device manufacturers. Currently doctors who receive money from the same pharmaceutical companies that make the drugs they prescribe their patients are not required to disclose that fact.

A recent report to Congress shows that drug and device manufactures have extensive financial relationships with doctors, medical schools and professional organization. Accordingly, there exist conflicts between what is in the best interest of drug makers and what is best for patients.

Some of the relationships between doctors and drug makers are all business; others are less obvious. But the evidence is clear that at least some interactions between doctors and drug reps leads to an increase in prescriptions of newer and more expensive drugs. In fact, a recent New York Times article reported that a quarter of U.S. doctors receive cash payments from drug makers and nearly two-thirds accept routine gifts. They also found that doctors who take cash from the makers of dangerous drugs Yaz and Yazmin practice medicine differently from those who do not and are more likely to prescribe medication in unapproved ways.

Under President Obama's new standard, sponsored by Senator Grassely of Iowa and Senator Kohl of Wisconsin in the 2010 health care bill, the reporting requirement will apply if the company produces any product covered by Medicare or Medicaid. This will affect more than 1,000 drug, device and distribution companies.

We agree that Congress should require all drug and medical device manufactures and distributors to report and disclose their financial relationships with doctors, physicians' groups and pharmacists. The recommendations should go further and include pharmacies, pharmacists, health insurance plans and hospitals. To keep doctors honest, they should also have to report all gifts, food, entertainment, golf outings, or anything of more than $1.00 value given to them on the side.

The information should be placed on a public website or app that is available to every consumer of health care in this country, both in English and Spanish. We believe this is an important step to protecting patients from greedy doctors and dangerous drug manufacturers.

Florida's doctors should not feel too bad about this new law, as Florida's First District Court of Appeal recently held that Florida's Medical Malpractice Statute §766.206 entitles doctors or hospitals to a dismissal of a medical malpractice case and to hold a claimant (patient) or claimant's attorney "personally liable for all attorney's fees and costs included during the investigation and evaluation of a potential medical malpractice claim if the exact requirements of the 'reasonable investigation' requirements of §766.201-766.212," which includes a review of the claim and a sworn written and notarized opinion by an expert witness.

What is even more frightening is that §766.206 provides that if the lawyer who mailed the notice does not do a "reasonable investigation" or filed the claim without first mailing a notice of intent, the court has to report that lawyer to the Florida Bar. If the lawyer is reported three or more times within a 5-year period the Florida Supreme Court shall be notified. This puts a heavy burden on a lawyer who represents injured new born babies in Florida to have both experience and knowledge of Florida's complex medical malpractice statutory scheme. In addition it provides doctors with one more shield to protect themselves from aggressive patients' advocates.

Teenage Girl Sexually Assaulted Onboard Cruise Ship

Mon, 16 Jan 2012 11:18:08 -0500

As a Florida maritime injury attorney I am saddened but not surprised to learn a Brazilian citizen, Luiz Scavone, 20, is being charged along with his 15-year-old brother--the sons of a Brazilian lawyer--are accused of sexually assaulting a teenage girl from Iowa on the last day of a holiday cruise aboard the cruise ship Royal Caribbean's Allure of the Seas. The older brother is being held without bail at the Broward County Jail. The charges are lewd and lascivious battery on a victim younger than 16 years of age and older than 12. It is a second-degree felony, punishable by up to 15 years in prison. Mr. Scavone has denied the allegations.

Sexual assaults on cruise ships are not uncommon. In fact, of the 206 reported crimes aboard cruise ships the overwhelming majority are sexual assaults. Many passengers wonder why. As a Fort Lauderdale cruise ship injury attorney, I believe many passengers, especially those with teenage children, greatly over estimate the safety of a cruise ship. Our maritime injury lawyers believe that today's cruise ships are essentially floating cities and there is no background screening of passengers. One could be sharing a cabin or meal with a convicted felon or sexual predator or someone who has violated parole. You never know. We recommend that people on cruise ships exercise extreme care conduct themselves as if they are in any large city. Passengers should consider the following before taking your next cruise.

1. When walking about the ship always be alert for dark hallways or open cabin doors.
2. Never leave children or young teens alone.
3. Do not assume that ship has sufficient security to protect you in all areas of the vessel.
4. Do not ever become intoxicated on board a cruise ship.
5. Lock cabin doors whenever you are inside the cabin.
6. Date rape drugs are easily obtainable on the black market, especially in foreign ports. Never accept a drink from a person you do no know, no matter how flattering, and always be sure you see the bartender or server pour your beverage directly from the source.

Cruise ships are required to report all allegations of serious crime to the appropriate law enforcement agencies. If the crime involves a U.S. citizen at sea, anywhere in the world, it must be reported to the FBI regardless of where the ship is registered. Yet it is believed that most sexual assaults crimes on cruise ships go unreported because most cruise ship lines leave it up to the victim to report the incident to the FBI. Many victims experience embarrassment and humiliation that prevent them from coming forward.

As a Florida sexual assault victim's lawyer, I recommend that even when on a cruise ship, it is important to report the incident as soon as possible to the authorities so that evidence can be obtained and preserved. Once passengers are permitted to disembark it is unreasoning difficult to capture a fleeing suspect.

FDA turns a blind eye to Yaz and Yazmin's Dangers

Mon, 16 Jan 2012 08:26:19 -0500

The Yaz law suits have created a nightmare for its victims and the United States Food and Drug Administration (FDA) that is supposed to be safeguarding Americans taking this dangerous medication.

Last month an advisory panel for the FDA recommend that the benefits of Yaz, Yasmin, Beyaz and Safyral made with the synthetic progestin, drospirenone, outweighed the risk of developing a life threatening and dangerous blood clot. Apparently, three of the "FDA's advisers" are closely tied to Bayer AG, the maker of the drugs. For some reason, the FDA forgot to disclose this key fact.

The Wall Street Journal, (WSJ) reported that the advisers are, Julia V. Johnson of the University of Massachusetts Medical School, Paula Hillard, an obstetrics professor at Stanford University School of Medicine and Anne E. Burke, professor of gynecology and obstetrics at Johns Hopkins. All of whom have done research for and funded by Bayer.

As a Miami Yaz claims attorney I don't understand how the FDA could even allow these three to vote on an issue that they are clearly partial to. According to the WSJ, the "Lack of disclosure undermines the credibility of the advisory committee process and undermines public trust in the fairness of the regulatory process."

Dr. Sidney Wolfe of the consumer group Public Citizen, was stripped of his voting rights by the FDA because he had publicly criticized the drugs' safety in newsletters published by the group. How is that fair?

This type of favoritism is another example of how our government conceals the dangers of products from consumers and allows dangerous medications to be consumed by an unsuspecting and trusting public. Is it any wonder that the general public has lost faith in its government, particularly when the powerful pharmaceutical to essentially serve as its own judge and jury? The FDA allows dangerous drugs to be marketed and tested on an a public who believe that the FDA does more than rubber stamp drugs before they are approved.

One need look no further than Chinese Drywall, the defective DePuy ASR and Pinnacle metal on metal hips replacement implants, Trans-vaginal mesh, Accutane, Avandia, Fosamax, that were all put on the market with inadequate warnings that ended up harming and in some cases killing people. Read a copy of the complaint we have filed on behalf of our client a Florida woman injured from taking Yaz.

Italian Cruise Ship Injures and Kills Passengers

Sun, 15 Jan 2012 11:00:54 -0500

Our Cruise line injury lawyers are deeply saddened to learn, that at least three passengers aboard the Costa Concordia were killed, when the ship carrying over 4,200 passengers and crew, on a week-long cruise apparently ran aground. The ship is part of the Costa Cruise Company, which is a wholly owned subsidiary of Carnival Cruise Lines. As such Florida may be the appropriate venue for victims to file claims even though the disaster occurred in Italy.

Underwater rescue divers are searching cabins for up to 41 passengers that are still missing in a scene that looks like the movie, "Titanic."

The Italian Coast Guard is concerned about the environmental impact of the disaster. So far, no oil had leaked out of the ship. According to the New York Times, the Italian Coast Guard is optimistic that the ship is not going to slide further down.

How this cruise ship accident happened and why; is of particular concern for me as a Florida lawyer who sues cruise lines. There is some indication that the cruise ship was off course and in shallow water filled with reefs when an electrical failure may have sent the boat out of control. Passengers were apparently told that there was nothing was wrong -- until suddenly the ship began to list over. The crew's reaction to this emergency appears to be cruise line operational negligence. Cruiselines have a legal obligation to provide a safe evacuation plan in case of disaster.

The ship's captain, Francesco Schettino, and the first officer were arrested and charged with manslaughter for failure to render assistance and for abandoning ship. Shortly before being arrested Captain Schettino told Italian television that his ship had hit an unmarked reef.

Our Miami cruise-ship accident law firm believes that this was an avoidable tragedy. There is no excuse with modern maritime technology to hit a "hidden reef" or "submerged rock." We want to express our condolences to those that lost loved ones aboard the Costa Concordia.

Florida Is Far From Dr. King's Promised Land- What Would He Advise Lawyers?

Fri, 13 Jan 2012 16:33:42 -0500

The Martin Luther King Holiday should mean more to us than a three-day weekend. It should be an opportunity for reflection on the life of an American who was dedicated to the non-violent resolution of conflict. As a Florida civil trial lawyer, I spend my days mired in disputes among my clients and the hospitals, doctors and corporations that have harmed them. Dr. King's message, as I understand it, was based upon a foundation of love. I wonder if Dr. King were alive today and able to counsel lawyers what advice he would have for us?

I suspect Dr. King would urge us to have a grassroots organization to protest laws that protect the wealthy and powerful. I imagine he would oppose Florida's complex medical malpractice statutes that serve doctors and hospitals at an injured patient's expense and insist that doctors practice with medical malpractice insurance. I doubt he would be pleased about Florida's caps on damages and the shortened statute of limitations.

I imagine he would insist that before any civil law suit could be filed that the parties be forced to sit down and try to resolve their claims. He would object to lawyers and law firms campaigning and donating money to the very same judges running for office that hear cases before them. Dr. King also fought hard against poverty and would inspire lawyers to do pro bono work as a mandatory obligation for the privilege of practicing plaintiff's personal injury law in Florida. He would inspire lawyers to use their knowledge of the law and political influence to prod local, state and federal governments to strengthen anti-poverty efforts. I am sure Dr. King would be dismayed to see the number of Americans living in the streets or children without adequate food, 45 years after his death.

Dr. King would have organized marches and protest surrounding the detainment of prisoners in Guantanamo. He would be disappointed in President Obama for not closing the prison as promised and would counsel him regarding the lack of identity given to the human beings America is holding prisoner for over ten years without a trial.

Lastly, I cannot imagine that Martin Luther King would not find the illegality of gay marriage in our country to be an offensive, homophobic contempt for life. He would deem it arrogant that a single sexual orientation would have the right to dictate its absurd dogma over others. I can see Dr. King organizing protests and marches across our country in support of same sex marriage in the spirit that he fought and poverty, racism and militarism.

In his memory I proudly reprint the words Dr. Martin Luther Kin, Jr. said in his last speech on April 3, 1968, the day before he was shot and killed on the balcony of the Lorraine Motel in Memphis, Tennessee.

"Like anybody, I would like to live a long life. Longevity has its place. But I'm not concerned about that now. I just want to do God's will. And He's allowed me to go up to the mountain. And I've looked over. And I've seen the Promised Land. I may not get there with you. But I want you to know tonight, that we, as a people, will get to the promised land!"

Cruise Ship Injury Lawsuits and the Statute of Limitations

Fri, 13 Jan 2012 15:13:39 -0500

It is a new year and cruise lines, like Carnival Cruises, Royal Caribbean, Celebrity Cruises, Costa Cruises, Discovery Cruises and Disney Cruise Line are all eager to attract those seeking an exciting cruise vacation. However, as an injured Cruise passenger lawyer, I am sure many of those heading to airports around the world to board one of the ships that conveniently cruise out of Fort Lauderdale, Miami and Port Canaveral will be surprised to know that, regardless of where the ship sails to, from or visits, if an accident or injury occurs on board the ship, the claim will have to be filed here in Miami in the United States District Court for the Southern District of Florida. What may even be more surprising is that claims have to be filed in court within one year of the accident.

This takes many victims of a cruise ship slip and fall accidents by surprise as most states in the United States, including Florida, have a four year statute of limitations for a port side slip and fall. In other words, if you were to trip and fall over a defective tile in a port terminal in Florida the statute of limitations would be 4 years from the date of the fall. Walk up the gang plank and trip on board a Carnival Cruise Ship or a Norwegian Cruise Line Ship just a minute later and your legal right to sue Carnival goes from 4 years to 1.

Today's modern cruise ships are like floating cities. For instance the Carnival Dream has a nearly 5000 passenger and crew capacity, open 24 hours with restaurants, spas, bars and casinos. Since Federal Law applies to injuries on board a ship or in port, it is important to consult with experienced cruise injury lawyers immediately after an incident has occurred.

In April 2010 sixty passengers aboard the Carnival Ecstasy were injured when the boat leaned suddenly to the left in the middle of the night in order to avoid a large buoy that was submerged off the coast of Mexico. Some frightened passengers thought the ship was going to sink. Carnival claimed that they had to do the emergency maneuver to avoid the buoy which was " undetected" by the ship's radar.

Cruise ship accidents can occur from slipping, tripping or falling on wet or improperly maintained surfaces. We recommend that if you are injured aboard a cruise ship you seek immediate medical attention, photograph the scene of the incident, particularly including what caused you to fall, and keep a detailed record of the names of any witnesses and crew that may have seen your accident and who come into contact with you. Also it is essential that you keep a copy of your cruise ship ticket also known as a contract of carriage as many cruise lines require it be attached to a complaint for a personal injury on a cruise.

"Born To Be Mild" Avoiding a Florida Motorcycle Accident

Fri, 13 Jan 2012 14:19:05 -0500

As a Florida motorcycle crash injury lawyer, I was saddened by the death of Dana St. John, a North Fort Myers, Florida man who died riding home on his brand new Yamaha. According to the "Miami Herald," he had purchased the bike earlier in the day but had absolutely no experience riding a motorcycle, was not wearing a motorcycle helmet and crashed the bike near his own front door. According to the National Highway Traffic Safety Administration (NHSTA) and the Florida Department of Highway Safety and Motor Vehicles there were 8,577 motorcycle crashes in 2010 with 2700 resulting in either an incapacitating injury or fatality.

The State of Florida's motorcycle law requires that all new motorcyclists take and pass The Basic Rider Course through Florida's Rider Training Program before they can obtain a motorcycle license or have a motorcycle endorsement added to a valid Florida driver's license.

Florida has two kinds of motorcycle licenses. An Endorsement License applies to those that already have a valid Florida driver's license. A Motorcycle Only License is for those 16 years or older that have held either a learners permit for at least one year without a traffic ticket conviction or are over 18 years old and have passed the standard class E operates licenses and completed the Basic Riders Course developed and sponsored by the Florida Department of Highway Safety and Motor Vehicles. Fortunately, Since 2008, Florida has discontinued the temporary instruction permits.

Florida's Rider Training Program Courses use the 15 hour Motorcycle Safety Foundations curriculum and provides a fun introduction to basic safe and responsible motorcycling on both the streets and highways of Florida. The Basic Rider Course (BRC) is a one day course and an excellent way for an entry level rider to develop both the physical skills to control, turn and stop a motorcycle. As a Miami motorcycle injury lawyer I personally took the course many years ago and found it to be an essential starting point for a novice. Sadly, Mr. St. John never had the opportunity to learn the fundamentals of motorcycle safety that would have probably saved his life.

Florida's helmet law allows motorcycle riders over 21 year of age and covered by at least $10,000 in medical payments to ride without a helmet. Our Key West motorcycle injury attorneys feel that this is a stupid and dangerous law. We believe that Florida's roads are just too dangerous to traverse without the added protection of a helmet and we strongly recommend that anyone considering purchasing a motorcycle for the first time; attend and pass a Florida Motorcycle Safety Course before leaving the showroom.

Good Luck Getting Your Own Medical Records in Florida

Thu, 12 Jan 2012 11:18:16 -0500

Obtaining your medical records in Florida is essential for understanding your care and treatment and whether a viable claim may exist for medical negligence or hospital malpractice in Florida. Florida Statute Section 766.204 is the Florida law that requires healthcare providers to provide medical records to patients or their families.

Yet obtaining your own medical records in Florida can often be a daunting proposition. Doctors and hospitals seem protective, often changing and sometimes destroying patients' medical records to create a legal defense to medical malpractice or hospital neglect in Florida. In Florida, all patients have an absolute legal right to access to their medical records, though access can prove difficult. Section 766.204 (1) requires Florida's healthcare providers to produce any medical record that is relevant to any litigation of a medical negligence claim to a claimant or to their attorney within 10 business days of a request for copies. The hospital has the right to request a reasonable payment. It is not acceptable for the health care provider to refuse copies of medical records that they are not yet finished or that there is medical bill outstanding.

If the healthcare provider fails to provide copies of the medical records, or demands an unreasonable charge, it will be considered that the healthcare provider did not comply with the good faith discovery requirements of Florida's medical malpractice law and has waived any requirement for the victim to get an expert witness affidavit to comply with Florida's Medical Malpractice Presuit Requirements.

Often patients are not provided with the details that doctors put in their records regarding the differential diagnosis, treatment plan or options. After over twenty years of representing injured Florida patients, I have learned how different the patients perspectives often are from what the doctors actually write in the records. The most common "mistake" regards follow-up appointments or referrals for further diagnostic testing. A doctor will typically write in his records that a patient should follow up in 10 days or get a specific test. However, for some reason patients rarely get this information or understand this. I have often had conversations with clients who do not return to the their doctors for follow-up appointments as prescribed in the records. When I ask, why, the always say, that the doctor did not tell them or "nobody from his office ever called."

This type of miscommunication is also common in Pembroke Pines truck crash claims and pedestrian car accidents. A patient will be given discharge instructions, but not a copy of the complete chart. As a South Broward rollover car wreck lawyer, I highly recommend that you ask for a complete copy of your entire chart, including the last visit. This is vitally important for several reasons. You want to insure that your complaints, signs and symptoms have been properly documented and understood by the medical treater and also, and equally important, that you have understood the diagnosis and follow up instructions.

Lastly, most of our North Miami traffic accident injury clients have a number of doctors working on their health issues both before and after a car wreck. Often, one specialist, like a cardiologist, does not know that their patient has recently been injured. We recommend that you provide a copy of your medical records from each visit to all of your doctors so that they can all be on the same page and bring an integrated approach to your medical care and treatment. This is especially crucial if you are receiving various medications from different providers that might be contraindicated when taken together. We believe that the best approach lies with creating a secure on-line presences to keep all medical records and appointments available to health care providers.

Unfortunately, the viability of electronic health records looks dismal after the rare failure of Google Health. Yet in integrated health systems around the country they have been implemented and utilized by patients. Google's failure creates a huge opportunity to address the fragmentation of our country's healthcare records. I think this would be a huge opportunity for job creation, while improving healthcare and eliminating the potential for doctors and hospitals to make mistakes. Governor Scott, are you listening?

Why I Bought My Wife a Volvo

Wed, 11 Jan 2012 14:40:55 -0500

As a Miami Gardens rollover car crash lawyer I am frequently asked by clients what kind of car would I recommend they purchase. While most people would think that a Miami personal injury attorney would recommend a Ferrari or Aston Martin, I really believe that the safer the car the better. Generally speaking, our Miami-Dade County car accident injury lawyers recommend the following 4 things be considered before purchasing or leasing your next car, minivan, crossover or truck. I just purchased my wife a Volvo XC-90 and here is why:

Crash-worthiness means how well a particular car or truck will protect its occupants in a crash. We all know that we will get in car accidents, the only question is when and how serious. So we recommend that you consider the following 4 things before the purchase or lease of your families next car, truck, minivan, or crossover. The Insurance Institute for Highway Safety rates vehicles based on "good," "acceptable," and "poor." They test high-speed front and side, rollover and seat/head restraints. They do not, for some inexplicable reason, test rear-end crashes. Is your current car, truck, minivan a Top Safety Pick? Click here to find out.

1. The heavier the better. That means, the heavier the car the less likely the occupants will be injured in a car wreck.

2. The bigger the better. Bumper height of a Mini-Cooper is significantly lower than that of a Hummer. You want your bumper to be as high as possible.

3. The newer the better. Tremendous gains have been made in vehicle safety technology in recent years. Improvements in airbags, anti-lock brakes, bumpers, and electronic stability control can vastly reduce the severity of accidents and injuries. Crash avoidance technology help the driver operate a vehicle more safely by utilizing warnings and automatic braking to avoid crashes. Volvo invented a system called "Blind Spot Info System (BLIS)" which is a camera that helps drivers visualize the presence of cars in their blind spots. Forward collision warning and mitigation systems alert the driver when the vehicle is getting to close to or in front of it. Lane departure warnings and preventions systems use cameras to track the vehicle's position within the lane, alerting drivers to a danger if they inadvertently stray across lane markings. Fatigue warning systems will use sophisticated algorithms that combine a drivers eye blink rate and duration contrasted against driving behavior to alert a driver who seems inattentive or who may have fallen asleep.

4. Back That Thing Up. Back up detection systems can save the life of a small child that is behind a vehicle but obscured from site. Utilizing either a camera or radar mounted on the rear bumper, drivers are provided a view of objects located behind a vehicle. According to Kids in Cars.Org a national organization devoted to the protection and safety of children and cars, at least fifty children are being backed over by vehicles in the United States EVERY week resulting in 2 fatalities. Sadly, the average age of victims of back up and back over incidents is one year old. Most back up accidents involve trucks, vans and SUVs with nearly all of the drivers being a parent or close relative.

Our Coral Springs car wreck lawyers hope you will never get into accident. We are dedicated and passionate about keeping our Florida's drivers and passengers safe.