Florida Injury Attorney Blog

This week, Rep. Rep. Gabrielle Giffords (D-Ariz.) handed in her resignation from the US Congress. The 41-year-old congresswoman sustained a traumatic brain injury over a year ago when she was shot in the head outside a Safeway in Arizona. The shooter, Jared Lee Loughner, injured 19 people on January 8, 2011, killing six of them. While Giffords has made remarkable progress since that day, she still has a long way to go.

Traumatic Brain Injury
Recovering from a brain injury can be a long road and not everyone fully recovers. Many TBIs can prove fatal—as evidenced by the death earlier this month of Canadian freeskier Sarah Burke, who sustained severe head injuries during a superpipe training run. The 29-year-old athlete died nine days after the January 10 skiing accident in Utah.

In South Florida, our Miami traumatic brain injury law firm represents clients injured in motor vehicle crashes, premises liability accidents or as a result of medical malpractice, defective products, or nursing home abuse. Or other personal injury related accidents. We know the financial and emotional toll that a TBI can take on the victim and his/her loved ones.

Depending on the severity of one’s brain injury, recovery can come quickly or not. There are two main kinds of TBIs:
Closed Head Injuries: Usually involves a blow (or something striking against) the brain. This can lead to primary damage, which occurs immediately upon impact and may include nerve damage, blood clots, contusions, lacerations, or a skull fracture, or secondary brain damage, which develops over time following the incident of trauma and can involve epilepsy, brain swelling, intracranial infection, intracranial pressure, hematoma, fever, changes in blood pressure, anemia, low sodium, not enough or too much carbon dioxide, cardiac changes, nutritional changes, lung changes, and/or abnormal blood coagulation.

Penetrating Injuries: A foreign objects enters the brain, causing brain damage. The symptoms are different depending on which part of the brain suffered damage.

Serious brain injuries can lead to cognitive difficulties, communication problems, memory loss, confusion, expressive aphasia, vision loss, receptive aphasia, sensory issues, hearing problems, chronic pain, seizures, paralysis, sleep problems, spasticity, personality changes, brain death, depression, coma, and death. Treatment, surgery, rehabilitation, and ongoing care for a TBI can be costly. The victim may no longer be able to work or maintain the same quality of relationship as he/she did with loved ones and friends prior to the accident and medical bills may accrue.

Gabrielle Giffords Resigns From Congress, ABC News, January 25, 2012

Sarah Burke dies from injuries, ESPN, January 20, 2012

More Blog Posts:
Pro Golfer’s Son Sustains Head Injuries in Palm Beach County Semi-Truck Crash, Florida Injury Attorney Blog, December 2, 2011

West Palm Beach Artist Awarded $2.1 Million for Traumatic Brain Injury from Car Accident, Florida Injury Attorney Blog, May 27, 2008

Hulk Hogan Is Sued In Florida Personal Injury Lawsuit By Family Of Man Seriously Hurt in Car Crash With Wrestler’s Son, Florida Injury Attorney Blog, March 24, 2008

Continue reading "Congresswoman Gabrielle Giffords’s Resignation a Reminder that Recovering From a Serious Traumatic Brain Injury Can Be a Tough, Long Road" »

Did you know that every year, thousands of people die because their doctors failed to diagnose their heart attacks? According to the New England Medical Center, which published a report in the New England Journal of Medicine, one out of 50 heart attack suffers will be mistakenly discharged by ER doctors. Other studies say the rate of failure for misdiagnosing heart attacks is higher.

Granted, not every stroke or heart attack is preventable, but considering that heart disease is a leading cause of death in the US, it is important that medical professionals do everything they can to diagnose any symptoms as soon as possible to increase the chances of recovery and minimize any permanent side effects or complications.

Contrary to what we see in the movies, not all heart attacks are sudden and intense. Many begin slowly, often starting as mild discomfort or pain. Other signs of a possible heart attack:

• Chest discomfort that comes and goes (may include pain, pressure, or squeezing)
• Discomfort or pain in the arms, neck, jaw, back, or stomach
• Shortness of breath
• Nausea
• Light-headedness
• Cold sweat

About 500,000 people die from heart attacks in this country each year. Other complications and long-term effects that can result if someone is lucky enough to survive one may include:

• Hypoxaemia
• Arrhythmias
• Deep vein thrombosis
• Cardiogenic shock
• Pulmonary edema
• Ventricular aneurysm
• Myocardial ruptures
• Angina
• Aneurysms
• Pericarditis
• Congestive heart failure
• Depression
• Oedema
• Erectile dysfunction
• Enlarged heart
• Another heart attack

One reason that a doctor may fail to diagnose a heart attack is because the symptoms can be misidentified as signs of another condition/illness or even as nothing much to be concerned about. A doctor may neglect to conduct the proper test or misread test results. Obviously, the sooner a heart attack is treated the better.

In South Florida, please contact our Coral Springs heart attack malpractice law firm if you believe that a heart attack could have been prevented or diagnosed sooner.

According Jury Verdict Research, the highest malpractice payouts have come from lawsuits over missed heart attack diagnoses. In 2006, USA Today reported that the median jury verdict for heart attack malpractice lawsuits was $941,000, with the highest, an Illinois case, hitting $9 million and the lowest, an Oklahoma case, ending in an $81,000 award. Most heart attack malpractice settlements are a result of mistakes in diagnosis.

Unfortunately, stroke misdiagnosis also happens, as doctors overlook or wrongly diagnose its symptoms, which can include loss of balance, dizziness, blurred vision, weakness or numbness on one side of the body, severe headaches, confusion, problems walking, and swallowing difficulties. A stroke may result in brain damage, muscle movement loss, paralysis, problems while swallowing or talking, memory loss, comprehension difficulties, changes in behavior, physical pain or numbness.

When a heart attack goes undiagnosed, USA Today, November 4, 2008

Heart Attack Warning Signs, NIH.gov

Stroke, Mayo Clinic

More Blog Posts:
Miami Medical Malpractice: Surgical Errors Can Cause Serious Laparoscopic Injuries, Florida Injury Attorney, December 14, 2011

Miami Medical Malpractice: Wrong Site Surgeries Can Lead to Catastrophic Consequences, Florida Injury Attorney, October 6, 2011

Broward County Medical Malpractice Lawsuit Filed in Woman’s Liposuction Death, Florida Injury Attorney, November 9, 2011

Continue reading "When Failure to Diagnose a Heart Attack Becomes Florida Medical Malpractice " »

In November, our Fort Lauderdale personal injury law firm published a blog post about how Robert Champion’s family was intending to file a wrongful death lawsuit naming Florida A&M University as the defendant. Champion, 26, died after he was brutally hazed. Last month, the his death was declared a homicide.

This week, Champion’s parents and their lawyer told the Associated Press that they plan to sue the Fabulous Coach Lines, the owner of the bus where Champion is believed to have been hazed. They have said that because of the bus company’s negligence, students were able to reenter the bus and conduct their hazing rituals. (Fabulous Coach Lines owner Ray Land has said that company staff did everything they could to assist once they were told there was a problem.)

Officials say Champion became unresponsive onboard the band bus, which was outside a hotel in Orlando, on November 19, 2011. He died from internal bleeding after sustaining blunt force trauma.

After Champion’s death, Julian White, FAMU’s band director, was suspended, as were the band’s upcoming performances. At least one student has since come forward to file a Florida personal injury lawsuit claiming she too suffered injuries, including a broken thigh bone, after other FAMU band members hazed her. In Florida, hazing is considered a felony crime.

In a statement issued through his lawyer, White said that he believes that Champion was beaten because he was gay and not because he participated in a hazing ritual, the drum major’s parents and their lawyer, disagree. They claim that attempts to frame their son’s death as a “hate crime” rather than a “hazing crime” are attempts by the band administration and the band to abscond responsibility for his death.

Florida Wrongful Death
There may be more than one party that you can/should hold liable for Florida wrongful death. A defendant doesn’t need to have directly caused the person’s passing. A person, institution, company, or organization can be sued if that party contributed to causing the death. This includes parties that could/should have acted to prevent the incident that caused the death.

Persons that can file a Fort Lauderdale wrongful death claim include the deceased’s spouse, kids, and any living parents. If there are any blood relatives or adopted siblings that were at least party dependent on the decedent for services or support (money, contributions in kind), they also may be considered survivors for purposes of bringing this type of civil claim. A Florida wrongful death lawsuit may seek damages not just for the loss of the decedent, but also for loss of support and services, companionship, mental anguish, pain and suffering, medical costs, funeral expenses, cremation bills, loss of income, and possibly other losses.

Robert Champion’s family will sue owner of bus where FAMU student died after hazing, Washington Post, January 10, 2012

Homicide ruling in case of Florida A&M drum major Robert Champion, CBS News, December 16, 2011

More Blog Posts:
Florida Wrongful Death Lawsuit Likely in FAMU Drum Major’s Alleged Hazing, Florida Injury Attorney Blog, November 26, 2011

Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, Florida Injury Attorney Blog, January 6, 2012

Lauderhill Wrongful Death Lawsuit: Family Says Liposuction Procedure Caused Fatal Embolism, Florida Injury Attorney Blog, May 11, 2011

The family of Courtney Hendrix is suing the Nassau County Commission for her Florida wrongful death. The 16-year-old was killed last year after the vehicle she was a passenger in struck a guardrail before colliding with a sport utility vehicle.

Seriously injured in the Florida car accident were Hendrix's 17-year-old stepsister Heather Beninati, who was driving the car they were riding, and 14-year-old Briana Burnsed and her mother 33-year-old Kellie Marie Rosier, who were riding the SUV. They are suing the Nassau County for Florida personal injury.

The plaintiffs content that the guardrail’s installation did not meet the Florida Department of Transportation’s standards.

Road Defects
Local governments can be held liable for failing to build safe roads and keep them properly maintained. With guardrails, not only must they be properly constructed and meet any safety specifications, but also, they must be installed properly and serve as an adequate barrier between lanes and the sides of roads—especially roads that are elevated from ground level.

Although the Federal Tort Claims Acts provides federal, state, and local entities with immunity from legal liability for an injury or accident, this doesn’t mean that a government body is protected from all lawsuits. By speaking with an experienced Hollywood, Florida personal injury lawyer, you can find out if you have grounds for a claim.

Unlike typical Florida wrongful death claims (the statute of limitations is two years) and Florida personal injury claims (the statute of limitations is usually four years) the limit for injury cases against government entities can run from 30-180 days in the state.

Getting hurt in a Miami car crash can leave the victim and his/her family with serious medical and recovery expenses, income loss, and other losses. There is no reason why you should have to shoulder the burden of all this without holding the responsible parties liable.

With Florida traffic accidents, it isn’t always the other driver that is at fault. Sometimes, the reason an accident may happen is because a traffic light failed, the way a road was designed makes it hard for vehicles to see oncoming traffic, or a pedestrian lane is not lit well enough lit so that autos can see it. Potholes, too high of a speed limit, and not enough lanes to accommodate traffic are a few other reasons why road-related motor vehicle crashes happen. You want to work with a Palm Beach car accident law firm that understands the nature of road defects and the havoc that they can cause.

Although Florida’s Personal Injury Recovery insurance provides some coverage to motorists in the event of an accident, this may not be enough to cover all your related costs when serious injury or death is involved. Holding a government entity accountable for a road defect also allows the problem to become publicly known so that hopefully changes will be made and lives are saved.

Families file suit over guardrails, Nassau County Record, November 17, 2011

Nassau County, Florida

More Blog Posts:
With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead, Florida Injury Attorney Blog, December 29, 2011

NHTSA Reports 2,445 Florida Traffic Deaths in 2010, Florida Injury Attorney Blog, December 8, 2011

Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011

At this time, there are no restrictions against cell phone use or texting while driving in the state of Florida. This however, may change, as state legislatures are scheduled to get together early next year to consider a possible ban on texting.

Supporters of a texting while driving prohibition may get the extra boost they need following the recent recommendation by the National Transportation Safety Board that all cell phone use while driving—unless the situation is an emergency—be prohibited. Although the NTSB cannot make law, its recommendations are strongly considered by lawmakers.

The safety board has even called distracted drivers a threat to public safety, and although there are other distracted driving behaviors that can also lead to car crashes, talking on a cell phone and texting while driving appear to be two habits that many people can’t seem to quit. In South Florida, our Miami personal injury law firm represents clients injured or who have lost loved ones in all types of traffic crashes.

According to the National Highway Traffic Safety Administration, distracted driving played a role in at least 3,092 US motor vehicle crashes last year. The federal safety agency recently released its findings from its first national survey tracking the public’s awareness, attitudes, and behavior regarding texting, cell phones, and driver decisions.

6,002 adult respondents (18 and older) took part in the phone survey. Interviews took place during the last two months of 2010. Per the survey’s findings:

• Most motorists don’t like it when other drivers text and drive, but they think that they are safe when they are the ones doing it.
• Almost 1 out of 100 drivers can be found using a handheld device to text, e-mail, or engage in some other activity at any given moment of the day.
• Most drivers don’t see anything wrong with answering a phone while operating a motor vehicle.
• More than half of those who were surveyed don’t believe that making a call with a cell phone impacts their driving abilities.
• About 25% of those surveyed felt the same way about texting while driving.
• About half of drivers age 21-24 admit that they’ve e-mailed or texted while operating a motor vehicle.

Texting and driving are not the only distracted driving behaviors that can cause injury or death. Reading a book or magazine, surfing the Internet, inputting information onto your navigation system, putting on makeup, and even eating have been known to cause motor vehicle collisions.

National Distracted Driving Telephone Survey Finds Most Drivers Answer The Call, Hold the Phone, and Continue to Drive, NHTSA, December 2011 (PDF)

Distracted Driving, National Safety Council

More Blog Posts:
NHTSA Reports 2,445 Florida Traffic Deaths in 2010, Florida Injury Attorney Blog, December 8, 2011

Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011

Florida Products Liability: Bill Could Make It Harder for Victims to Win Damages from Auto Manufacturers, Florida Injury Attorney Blog, May 4, 2011

Continue reading "With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead " »

A Miami-Dade grand jury says that the state is not doing enough to fight Florida nursing home negligence. The grand jury issued its report, “ALFs: a Call for Greater Interagency Communication and a Cry for More Citizen Volunteers," earlier this month after a two month-investigation that was instigated following a series of articles in the Miami Herald called Neglected to Death. The newspaper reported that even though at least 70 frail elderly seniors have died from nursing home neglect or abuse in the last decade, almost all of the assisted living facilities where the deaths occurred were allowed to stay in operation.

The grand jury’s report blames the Agency for Health Care Administration for allowing dangerous assisted living facilities to stay open and not taking more effective action to protect nursing home patients by cracking down on abusers, rogue operators, and troubled facilities. The jurors said that seeing as there has been an “explosion” in the number of ALF’s in the last five years, the state needs to do a better job of enforcement to prevent Florida nursing home abuse and neglect.

Other recommendations by the grand jury (as reported by the Miami Herald):
• Don’t let operators that provide poor nursing care while maximizing profits stay in business.
• Find all ALF administrators with questionable histories and stop them from being able to move from one Florida nursing home to another.
• Impose hefty suspensions and fines for nursing home abuse or neglect and, when necessary, revoke an ALF’s license.
• Make it a third-degree felony if a caretaker punishes a resident for complaining to inspectors
• Toughen administrators’ educational requirements, which are currently among the lowest in the US

Our Miami nursing home abuse and neglect lawyers have seen firsthand the devastating effect that mistreatment and poor nursing care can have on a patient’s health and emotional well-being. The state must do everything possible to provide consequences so that negligent ALF operators buckle down and do a better job of taking care of our sick and elderly.

If you suspect Miami nursing home negligence, you should immediately remove your loved one from the unsafe environment and report what happened. Tell the authorities and speak with a Miami-Dade County personal injury law firm.

Florida must crack down on elderly abuse MIAMI HERALD EDITORIAL | Grand jury confirms lax oversight exposed in Herald’s series, Bradenton.com, December 17, 2011

Grand jury demands Florida get tough on ALF operators, Miami Herald, December 8, 2011

Neglected to Death

Read the report (PDF)

More Blog Posts:
Miami Nursing Negligence Lawsuit Claims Paraplegic Patient Was Sodomized in His Home, Florida Injury Attorney Blog, November 16, 2011

St. Lucie County Wrongful Death Lawsuit Claims Florida Nursing Home Negligence Contributed to Woman’s Fatal Drowning, Florida Injury Attorney Blog, August 4, 2010

Broward County Wrongful Death Lawsuit Against Home Care Provider Alleging Elder Financial Fraud and the Murder of 89-Year-Old Woman, Florida Injury Attorney Blog, July 1, 2010

Agency for Health Care Administration

Continue reading "Miami-Dade Grand Jury Calls on State to Fight Florida Nursing Home Abuse and Neglect with Tougher Penalties " »

Laparoscopic surgery is a common procedure used to perform hysterectomies, hernia repair, gynecological surgery, gallbladder removal, and certain intestinal surgeries, including those for treating rectal prolapse, ulcerative colitis, serious constipation, diverticulitis, and Crohn’s disease. Considered a “minimally invasive” procedure that involves small incisions, the insertion of ports, a video camera, and thin instruments, laparoscopic procedures are said to result in less post operative discomfort, faster recovery time, smaller scars, and not as much internal scarring. Unfortunately, as with any kind of surgical procedure, medical mistakes can happen, which can lead to serious laparoscopic injuries. Also, laparoscopic surgery has been known to significantly up the risk of surgeon-induced injuries.

If you believe that your injuries are a result of mistakes made during your laparoscopic surgery, our Miami medical malpractice law firm would like to hear from you.

Medical errors during laparoscopic procedures can lead to:
• Bile duct injuries
• Liver damage
• Gall bladder injury
• Infection
• Trocar injuries
• Kidney injuries
• Ureteral injuries
• Electrocautery injuries
• Hepatic duct injuries
• Bile Peritonitis

Unfortunately, not all doctors that perform laparoscopic procedures are properly trained or even have the skills and experience to safely perform this type of surgery. When West Palm Beach medical malpractice happens it is the patient that suffers. For example, injury to the bile duct can leave someone a biliary cripple and he/she may require medical monitoring, additional surgeries, and possibly a new liver. Often this type injury can occur when a surgeon accidentally cuts the common bile duct because he/she thinks that it is the cystic duct. Compromising the blood supply that the duct receives during the dissection process and pinching the bile duct with the improper use of clips to the cystic duct can also cause injury.

There are steps that a surgeon can take to prevent injuries during a laparoscopic procedure. However, even the most experienced doctor can make mistakes unless he/she is careful.

Your Hollywood, Florida surgical malpractice lawyer should be familiar with laparoscopic procedures and know what evidence he/she should obtain to help build your case. Injuries from a laparoscopic procedure usually ends up costing the patient more in terms of medical bills, time off work, and the physical and emotional toll they can take. By filing a Florida laparoscopic surgery malpractice claim, you may be able to recover compensation from the responsible parties.

More Blog Posts:
Broward County Medical Malpractice Lawsuit Filed in Woman’s Liposuction Death, Florida Injury Lawyer Blog, November 9, 2011