Miami Injury Lawyer Blawg

Doctors That Commit Medical Malpractice Rarely Face Discipline

Fri, 18 May 2012 20:46:34 -0500

The next time an Insurance Company complains about the need to limit Medical Malpractice awards, they may want to ask the Florida Board of Medicine to discipline those doctors that repeatedly commit Medical Malpractice.

Medical Malpractice is a common occurrence in Florida. Yet the Florida Medical Board ranks 42nd in the nation for discipling their own. This is the 4th year in a row that Florida ranked in the bottom 10.

In 2011 Florida had 58,026 licensed medical doctors, the fourth most in the country. However, the board of medicine, which is comprised of 12 doctors and 3 non-doctors,
concluded that only 171 doctors needed serious disciplinary actions -- defined as license revocations, suspensions, surrenders under pressure and probationary sentences, a rate of 2.28 per 1,000 doctors.

By comparison, Wyoming suspended 6.79 doctors per 1000. A rate more than three times greater.

As a Miami Medical Malpractice Lawyer I am often asked by my clients, "what will happen to the doctor that did this?" As evidenced by the latest figures, the answer is not much.

As reported by the sun sentinel, Public Citizen, a group founded by Ralph Nader, recommends that to improve disciplinary rates, state boards of medicine should make sure they have adequate funding and staffing, proactive investigations and a leadership that is independently minded and aggressive about policing its own ranks.

Pedestrian Dies In Pembroke Pines Accident

Tue, 15 May 2012 18:41:12 -0500

Florida often leads the nation in Pedestrian Deaths. In 2009 a total of 4,092 pedestrians were killed. Of the 4092 nationwide deaths, Florida accounted for 466 fatalities-2nd only to California.

On May 9, 2012, Pedro Domingo Mendez was struck by a pick-up truck while walking across Pines Boulevard at 68th Avenue, Pembroke Pines, Florida. Mr. Mendez was taken to Memorial Regional Hospital where he was treated for head injuries. Unfortunately, Mr. Mendez died May 14, 2012.

Police said neither alcohol or drugs was a factor. In 2009, Alcohol involvement -- either for the driver or for the pedestrian -- was reported in 48 percent of the traffic crashes that resulted in pedestrian fatalities. Of the pedestrians involved, 35 percent had a blood alcohol concentration (BAC) of
.08 grams per deciliter (g/dL) or higher. Of the drivers involved in fatal crashes, only 13 percent had a BAC of .08 g/dL or higher, less than two-thirds the rate for the pedestrians. In 6 percent of the crashes, both the driver and the pedestrian had a BAC of .08 g/dL or higher.

As a Florida Personal Injury lawyer, I have represented numerous pedestrians and cyclist who were victims of car accidents. South Florida pedestrians are susceptible to accidents because of the lack of sidewalks, lack of public transportation, and narrow traffic lanes.

The National Highway Traffic Safety Administration recommends the following safety procedures:

Drivers are required to yield the right-of-way to pedestrians crossing streets in marked or unmarked crosswalks in most situations. They need to be especially careful at intersections where the failure to yield right-of-way often occurs when drivers are turning onto another street and a pedestrian is in their path.

When possible, cross the street at a designated crosswalk. Always stop and look left, right, and left again before crossing. If a parked vehicle is blocking the view of the street, stop at the edge line of the vehicle and look around it before entering the street.

Increase visibility at night by carrying a flashlight when walking and by wearing retro-reflective clothing that helps to highlight body movements.

It is much safer to walk on a sidewalk, but if you must walk in the street, walk facing traffic.

Governor Scott Signs New Auto Insurance Bill

Sat, 05 May 2012 14:22:19 -0500

Car Accidents create difficult times for accident victims. As a Miami Personal Injury lawyer, I know that an injured party has to worry about their physical and mental injuries, damage to their car, and payment of their medical bills. Unfortunately, many unscrupulous doctors and lawyers illegally solicit an accident victims, and misrepresent insurance benefits. In fact, you may have heard these commercials on the radio or watched them on television. Specifically, the commercials that say you may be entitled to $10,000.00. Unfortunately, the one getting those $10,000.00 is the fraudulent clinic owner. The benefits at issue are PIP(Personal Injury Protection) otherwise known as No-Fault. In an effort to stop this abuse Insurance company's and Governor Scott pushed for No-Fault reform. The bill was signed into law yesterday. The law will hurt legitimate auto accident victims and will increase insurance company profits.

THe bill was intended to combat fraud and reduce insurance premiums. When was the last time an insurance company reduced premiums? What you will get is a reduction in services without a corresponding cut in insurance premiums.

Under the new law, Florida drivers will still have to carry personal-injury-protection insurance. However, there will now be limits on treatment in the event of an accident. An injured party must seek treatment within 14-days , and only if the injured party has an emergency medical conditions will he get the full $10,000.00 of insurance benefits. What a concept. You pay for $10,000.00 of insurance, but really only get $2,500.00. Imagine going to the hospital and getting a $10,000.00 bill, but the insurance company says that it was not an "emergency medical condition", ( defined as something that seriously jeopardizes a patient's health, impairs bodily functions or causes dysfunction of any bodily organ or part. Broken bones or internal bleeding obviously fall under emergency medical conditions, but something such as herniated discs might be debatable) and pays only $2,500.00. Exactly how is this good for anyone other than insurance companies. Thank you Governor Scott

As a Miami Personal Injury lawyer, my office spends countess hours dealing with hospital and medical bills. The new system will only further delay payment of legitimate medical bills, and will affect accident victims credit.

DUI Motorist Who Fled The Scene And Killed Young Girl To Ask For Bail Reduction

Tue, 24 Apr 2012 08:07:22 -0500

Sandor Guillen was driving his 2010 Range Rover at 100 miles per hour around 5 a.m. in a buses-only road, when he crashed his car into a Mini-Van. The impact killed Kaely Camacho, a 13 year-old girl who was on her way to school. Sandor Guillen was driving while under the influence, and rather then stay and help Kaely, he tried to flee from the accident. Fortunately, he was apprehended.

For those of you that follow my blog, you may have noticed my disdain for two things in particular:

1. Hit and Run Motorist
2. DUI Motorist

Here we are again with the same story. A senseless, cowardly act takes the life of a 13 year old girl.

Mr. Guillen plans to ask for a bail reduction today. Kaely's family is opposing the bail reduction, and Kaely's sister Breeann posted a video on you tube.

This is just a heart breaking story and my thoughts and prayers go out to the Camacho family.

Scooter Accident Results in Two Deaths

Sun, 15 Apr 2012 17:34:24 -0500

Two people died this morning as a result of a violent collision, at the intersection of Miner Road and Congress Avenue in Boyton Beach.

A Jeep Grand Cherokee was headed north on Congress Avenue while a Vento scooter with two passengers aboard was westbound on Miner when the vehicles collided. Like most intersection collisions, the question is whether the northbound vehicle failed to stop at a red light or whether the scooter failed to yield the right of way.

If the Jeep ran the red light then the family of the deceased can bring a claim for Wrongful death.

Bicyclist Dies Following Hospital Malpractice

Sat, 07 Apr 2012 13:27:17 -0500

A recent Hit and Run bicycle accident epitomizes the problems we face in Miami. As a Miami accident lawyer that specializes in Bicycle accidents and Medical Malpractice,the death of Miguel Rocafort is a tragic example of the problems we face while living in south florida; Hit and Run Accidents, Bicycle Safety, and Medical Malpractice.

Rocafort, 51, a bicycling enthusiast was hit by a driver who kept going Saturday at 6:50 a.m.

Miami-Dade Fire Rescue rushed him to Kendall Regional Medical Center, which has a class II trauma center, rather than take him to other hospitals that were closer.

Rocafort suffered a broken neck in the form of a fractured vertebrae, a serious head injury, fluid on the brain, and a broken leg. Despite the extent of his injuries, the family says Kendall Regional attempted to discharge Rocafort on Monday, just two days after the accident.

"They told me the insurance was tightening up," said the wife, Flor Graham. "I told them he was too seriously injured to go home yet."

Graham, who is a medical assistant at Jackson Memorial Hospital, said Kendall Regional allowed her husband to remain one more day, releasing him Tuesday. Less than 36 hours later he would be dead.

"He wasn't well. It wasn't like it was a little hit, it was a terrible accident" said long-time friend and neighbor Rosa Pena. "I think they let him go too soon, way too soon."

Rocafort's widow agreed, saying her husband was in extreme pain even as he left the hospital Tuesday.

About 2 a.m. Thursday Rocafort's pain worsened and he developed difficulty breathing, then lost consciousness. His wife administered CPR. He was pronounced dead later at Baptist Medical Center in Homestead after being taken there by fire-rescue.

Hit and Run. Leaving the scene of a fatality is a first-degree felony punishable by up to 30 years in prison. It is also a felony to leave the scene of an accident when someone is injured, but it's a misdemeanor when there are no injuries. Beyond a Hit and Run, being a criminal act, it is a morally reprehensible act of cowardliness. One out of every 5 pedestrians killed on the roads die from a hit-and-run, according to a National Highway Traffic Safety Administration.

So why does Miami have so many Hit and Run accidents? The first reason is the number of drivers who do not have a valid drivers license. The AAA Foundation of Traffic Safety found that 21% of all fatal crashes involved drivers with no valid license. AAA found that unlicensed drivers are 66.36 times more likely to be a hit-and-run driver than a licensed driver.

The second reason deals with the fact that a Hit and Run driver is often driving while under the influence. The driver feels he is better off leaving his victim to die, rather than face possible criminal prosecution for DUI.

New Study For Ischemic Stroke Extends Window For Treatment up to 4.5 Hours

Mon, 02 Apr 2012 20:43:06 -0500

Timing can be everything for the unfortunate victims of a stroke. To that end, approximately 800,000 strokes occur in the United States each year, of which 600,000 are ischemic strokes.

There are two major types of stroke: ischemic stroke and hemorrhagic stroke.

Ischemic stroke occurs when a blood vessel that supplies blood to the brain is blocked by a blood clot. This may happen in two ways:

A clot may form in an artery that is already very narrow. This is called a thrombotic stroke.

A clot may break off from another place in the blood vessels of the brain, or from some other part of the body, and travel up to the brain. This is called cerebral embolism, or an embolic stroke.

Ischemic strokes may be caused by clogged arteries. Fat, cholesterol, and other substances collect on the artery walls, forming a sticky substance called plaque.

A drug called tissue plasminogen activator -- tPA -- dissolves clots and restores blood flow.
However, the drug must be given timely, or the effectiveness may not outweigh the risk of hemorrhage.

As a stroke malpractice lawyer, I have represented numerous individuals who had unfortunate outcomes, because the doctors did not timely recognize that their patient was having a stroke, or did not recognize that their patient was suffering from a transient ischemic attack(TIA), and would later go on to have a stroke.

The guidelines for administration of tPA required administration within 3 hours from onset of symptoms. However, a 2009 study published by the American Stroke Association found that certain patients may still receive a benefit up to 4.5 hours after the onset of symptoms.

Patients who cannot receive tPA more than three hours after a stroke:

Patients over age 80
Patients taking blood thinning drugs (anticoagulants)
Patients with a history of stroke and diabetes

Thus, a majority of the population may still benefit from the administration of tPA up to 4.5 hours from the onset of stroke symptoms. While it is still not a lot of time for treatment, the window has increased by 50%.

I-95 Accident Results in Verdict Of $7.13 Million

Thu, 22 Mar 2012 21:22:40 -0500

On February 13, 2010, Fabio Noguera was driving southbound in his Ford Escort in the right lane of I-95 approaching the Gateway Boulevard exit in Boynton Beach. A tractor-trailer truck veered into him and struck the left rear of his car. The driver's side of Noguera's car spun in front of the truck, and the car was pushed forward until the truck stopped.

At the time of the accident Noguera was suffering from pre-existing injuries. Specifically, Noguera had suffered for more than 30 years from chronic rheumatoid arthritis. His hips and knees had been replaced, but Noguera claimed he was able to function at a high level.
In this accident Noguera injured his neck and lower back.

However, the accident aggrevated Noguera's condition. The neck and back injuries prevented Noguera from maintaining his exercise regimen, and that aggravated his rheumatoid arthritis.

The law in Florida holds the person that causes an accident is responsible for aggrevation of a pre-existing condition.

The Standard Jury Instruction States:

If you find that__________ caused a bodily injury, and that the injury resulted in an aggravation of an existing disease or physical defect or activation of a latent disease or physical defect, you should attempt to decide what portion of __________condition resulted from the aggravation or activation. If you can make that determination, then you should award only those damages resulting from the aggravation or activation. However, if you cannot make that determination, or if it cannot be said that the condition would have existed apart from the injury, then you should award damages for the entire condition suffered by__________.

The jury awarded $2.15 million for past and future medical expenses, $116,227 for past and future lost wages and $12 million for past and future pain and suffering. However, the jury found Noguera 50 percent liable for the accident, which cut the award in half.

Teenage Cyclist Struck By Police Chief

Thu, 22 Mar 2012 20:39:43 -0500

As if Bicycle Accidents were not a big enough problem, a teenage boy was riding his bicycle to school when he was struck by Davie Police Chief, Patrick Lynn.

Frank Conner, 15, was riding his bike to school when he was hit. Lynn was turning right onto Nob Hill Road when he struck Conner, who was in the crosswalk heading south. This type of accident is very common, and is usually caused by a distracted driver who is looking to his left for oncoming traffic while making a right turn.

The police chief was at fault for failure to yield the right of way, but did not receive a ticket.

As reported by The Sun Sentinel, Sandra Levine, the crash victim's sister and legal guardian, was angry.

"I'm a little upset that the chief was at fault in the accident and didn't get a ticket," she said Thursday. "If I would have hit someone, I would have gotten a ticket. So because he's a police chief he doesn't get in trouble?"

Police departments across the country face a similar dilemma when top brass are involved in both serious and minor traffic accidents, said Eugene O'Donnell, a professor with John Jay College of Criminal Justice in New York.

"This is becoming a very hot topic in the police world," he said. "There is an obvious conflict when an officer from the same department investigates an accident involving one of their colleagues. And it's more difficult when it's the chief who is a party to the accident. That officer gets put in a terribly bad position."

Sandy Hardwick, who witnessed the accident, had the same question.

"Why didn't they give him a ticket?" she said. "Because he's a chief. If it was me, I would have gotten a ticket. If it was you, you would have gotten a ticket. He should be ticketed. The light was red and the bicyclist had the right of way. The kid was hysterical. He was crying, he was shaking."

As a Miami Personal Injury attorney, I cannot remember the last time I saw a police officer or any county employees cited for causing an accident. In fact, in a case we recently concluded, a Metro-Dade bus struck our client while he was riding his bicycle. The video from the bus showed our client being struck by the bus. Incredibly enough the investigatng police officer, also from Dade County concluded my client kicked the bus.

Fortunately, we were able to obtain the video from the bus and resolve the case after filing a lawsuit.

New Drug Could Become Standard of Care To Stop Bleeding

Wed, 21 Mar 2012 19:37:44 -0500

Emergency room doctors often need to act quickly, and the failure to do so can result in a medical malpractice claim. The role of an Emergency room doctor is often to stabilize the patient so that a specialist may then assume the care of the patient. When dealing with trauma patients, the first order of concern is often to stop the bleeding.

As reported in The New York Times, tranexamic acid has been saving lives of Americans in battlefields by slowing the bleeding of even gravely wounded soldiers

A 2010 study by Dr. Ian Roberts(audio) reported on the benefits of tranexamic acid. Following the study The World Health Organization added tranexamic acid to its essential drugs list last year, and British ambulances now carry it. The fact that it is carried on ambulances is important because a new analysis of the 2010 CRASH-2 study shows that tranexamic acid should be given as early as possible to bleeding trauma patients; if treatment is not given until three hours or later after injury, it is less effective and could even be harmful.

Incredibly enough, because this effective drug is so inexpensive, it has not yet been adopted in all emergency rooms. Because there is so little profit in it, the companies that make it do not champion it. Despite the fact that this drug could save thousands of lives of car accident, shooting, and stabbing victims.

Many companies in India and China make tranexamic acid. Pfizer, which makes an injectable form for hemophiliacs (and donated thousands of doses to the Crash-2 trial), declined to give sales figures or even discuss administering it to trauma patients because the Food and Drug Administration has not approved that use. A company spokeswoman declined to say whether Pfizer had applied for approval. (Doctors may prescribe approved drugs for "off-label" uses, but drugmakers cannot endorse off-label uses without F.D.A. permission.)

This drug is very similar to another break through drug known as tPA, which has the opposite effect in that it is a clot buster. Like tranexamic acid, it to needs to be given within three hours of the onset of stroke symptoms. If given after three hours, the results can be fatal. tPA is the standard of care for patients who present to the emergency room within 3 hours of stroke onset and meet other criteria. The failure to administer tPA can lead to a
claim for medical malpractice. Hopefully, tranexamic acid will become the standard of care for trauma patients, and the failure to administer tranexamic acid will be medical negligence.

Negligence of a physician as defined by Florida Jury Instructions:

Negligence is the failure to use reasonable care. Reasonable care on the part of a physician is that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by similar and reasonably careful physician. Negligence on the part of a physician is doing something that a reasonably careful physician would not do under like circumstances or failing to do something that a reasonably careful physician would do under like circumstances.

The key is that the treatment or procedure is recognized as acceptable and appropriate.

Deadly Day On South Florida Roads

Mon, 19 Mar 2012 19:15:38 -0500

In a 24 hour period from late Saturday to Sunday night 10 people and an unborn baby were killed in car accidents in Miami-Dade and Broward counties. Yes, as a MIami Car Accident Lawyer I am never surprised by the number of accidents on any given week, but 10 deaths in one day is shocking.

The crashes ranged from a head-on collision on the Gratigny at 5:00 a.m., where presumably the wrong way driver was drunk to a 10 year old skateboarder.

Of course, no weekend in South Florida would be complete without a Hit and Run accident.
That award goes to Eric Garcia an unlicensed 19 year old from Fort Lauderdale who ran over a 5-year-old girl riding a Big Wheel in front of her home. As reported by The MIami Herald, the owner of the car Mario Argumedo also 19, was in the car with Garcia when they collided with the girl. Argumendo, who owns the car, ran to the girl after the crash, picked her up and carried her over to her mother before running back into the car and driving it away from the scene. He was also arrested and charged with leaving the scene of a crash involving death, tampering with evidence and allowing an unlicensed driver operate a vehicle in his possession.

The girl's desperate mother began to drive her daughter to a hospital, but pulled over near Sunrise Boulevard and Interstate 95, where she called fire rescue. The girl was unresponsive when paramedics arrived.

She was taken to Broward General Medical Center, where she was pronounced dead.

New Car Accident Insurance Law Effective January 1, 2013

Mon, 12 Mar 2012 20:47:30 -0500

As a Miami Car Accident Attorney it infuriates me to see Governor Scott handout yet another gift to the insurance industry. The new PIP law which was passed in the closing moments of the legislative session was the center piece of Governor Scott's agenda. I am the first to agree that the PIP system in its current format needed change. The change was simple, focus on cutting out fraud and the clinics that recruit patients with the promise of $10,000.00. Work on those unscrupilous medical providers and you can save consumers money. However, Governor Scott chose a different route. On the very day that Governor Scott received a check from United Automobile Insurance Company in the amount of $100,000.00 he pushed for legislation that limits the amount of payable insurance benefits.

Allow me to explain the new law in comparison to our current PIP law. Under the current system, if a person in injured in a car accident, the injured individual is entitled to $10,000.00 of medical benefits for reasonable and necessary medical expenses. Of course we all pay a premium for that insurance. The insurance includes but is not limited to treatment by medical doctors, chiropractors, massage therapists, and for diagnostic testing. Yes, this system was abused by fraudulent medical providers, lawyers, and individuals, and was in need of fraud reform.

The new law which goes into effect January 1, 2013, penalizes the 99% of Floridians that do right. The law essentially limits benefits to $2,500.00. Consumers will pay a premium for up to $10,000.00 of insurance, but will really only be getting $2,500.00 of coverage.

The new law requires an injured person seek service within 14 days following an accident. Not sure if you were hurt? If you think you were hurt, you better get to hospital or a doctor.
More importantly, in order to qualify for the $10,000.00 of coverage, a determination must be made that the injured person suffered an EMERGENCY MEDICAL CONDITION.

Specifically, the new law states:

Reimbursement for services and care provided in subparagraph 1. or subparagraph 2. is limited to $2,500 if any provider listed in subparagraph 1. or subparagraph 2. determines that the injured person did not have an emergency medical condition.

"Emergency Medical Condition" means a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonable be expected to result in any of the following:

(a) Serious jeopardy to patient health.
(b) Serious impairment to bodily functions.
(c) Serious dysfunction of any bodily organ or part.

This law was a pure gift to the insurance industry.

Miami Motorists Need a New Attitude

Sat, 25 Feb 2012 15:09:55 -0500

As a Miami Bicycle Accident Lawyer, I can tell you that Florida and South Florida rank at or near the top nationally for both pedestrian and bicycle fatality rates.

Just in recent weeks, motorists have killed a man waiting at a bus stop in Doral, a man loading a bike into parked car from a Miami Beach sidewalk, and a cyclist riding across a narrow bridge in Bradenton. On the same day that Aaron Cohen was killed and his riding companion sustained a broken leg, Thomas Jennings, a triathlete out on a training ride on Fountainebleau Boulevard in West Miami-Dade, was T-boned and seriously injured by a speeding, out-of-control car that jumped the median. Again, a combination of bad roads and bad attitudes.

One of the most popular places to run and bike in South Florida is Key Biscayne. However, The "Key" is as dangerous as it is beautiful. To that end, Aaron Cohen, was the third cyclist killed by a car on the causeway's popular bike lanes since 2006.

There are many initiatives that are being discussed to make biking safer on Key Biscayne. The proposals which include barriers to protect cyclists and slower speeds on the "Key" are great, but the true issues are motorist attitutes to cyclist and the carelessness that many motorist in Miami exhibit when behind the wheel. The carelessness includes but is not limited to texting, cell phone use, and driving while impaired. Not until these attitudes change will cycling become safer.

Recommendations To Make Rickenbacker Causeway Safer For Cyclists

Fri, 17 Feb 2012 20:26:21 -0500

Great article at TRANSITMIAMI.COM

Ride For Safety : In Honor of Aaron Cohen

Fri, 17 Feb 2012 20:21:01 -0500

Pay tribute to Bicycle Accident victim Aaron Cohen.

Cyclists are asked to meet at 8:30am at the Bayfront Park Fountain on Biscayne Blvd & Flagler Street in downtown Miami, pedals up 8:45am. We will be riding as a group in honor of fellow cyclist Aaron Cohen who was struck and killed by a hit & run driver this week. The group will ride towards Key Biscayne via Brickell Avenue and up the William Powell Bridge were Aaron and his friend Enda Walsh were hit. Between 9:00am-10:00am the police will have the south side of the Rickenbacker Causeway closed to motor vehicles. Aaron Cohen, 36, was an avid cyclist, married and father of two. It's very unfortunate that we have to come together under such tragic circumstances to honor his life.