Florida Injury Attorney Blog

A House Transportation and Infrastructure Committee study about medically unfit truckers is expected to be released at a hearing this week. Among the findings was the discovery that truckers that suffer from health problems that could make them dangerous drivers have no incentive to get a legitimate medical certificate. The study examined 614 medical certificates from truckers in Illinois, California, and Ohio. The examiners could only verify 407 of these certificates.

A safety study, obtained by the Associated Press, found that there are hundreds of thousands of truckers on the road with health issues that could cause them to have seizures, blackouts, and heart attacks. These motorists continue to drive their large vehicles despite the fact that they are at risk for causing deadly traffic accidents.

In 2006, the Transportation Department reported 7.3 million commercial driver violations. The data named Florida as one of 12 US States where truckers received the most sanctions for breaking medical regulations.

The National Safety Transportation Board wants examiners to set up a system for being able to track medical applications, identify the drivers with medical conditions, and prevent truckers from doctor shopping.

Truck Accident Causes
Truck drivers suffering health issues while driving is a leading case of serious motor vehicle crashes. Drivers without health issues that fall asleep is another common cause of trucking collisions.

Transportation Department statistics show that 5,300 people were killed and 126,000 people were injured in motor vehicle accidents involving buses or large trucks in 2006.

In South Florida, our truck crash attorneys know how to protect our clients’ rights against truckers and trucking companies. We have helped many injured victims and their families recover personal injury compensation for their injuries, pain and suffer, and medical expenses.

House Committee Probes Medically Unfit Truckers, Newsweek.com, July 24, 2008
Medically unfit truckers still on the road, safety study shows, CNN.com, July 21, 2008

Related Web Resources:

Transportation and Infrastructure Committee

National Transportation Safety Board

US Department of Transportation

Continue reading " Latest Available Data Names Florida Among the States Where Truckers and Bus Drivers Received the Most Sanctions for Breaking Medical Regulations " »

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Posted In: Truck Accident

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In Florida, the family of a Boca Raton woman who died after two hospitals were unable to find a neurosurgeon following her stroke has received almost $2 million from Tenet Healthcare Corp. The family and Tenet settled the medical malpractice case in April but the amount was not disclosed until June.

The lawsuit said that the four-hour delay to treat Barbara Masterson after her stroke caused her death. The 52-year-old woman woke up with weakness on her right side and slurred speech on February 22, 2004, and there was bleeding in her brain by the time she arrived at the West Boca Medical Center emergency room.

The hospital contacted four neurosurgeons, but they all refused to come to the hospital to treat her. A doctor at Delray Medical Center, which had a transfer agreement with West Boca, also refused to treat her. Masterson was then transported to Holy Cross Hospital in Fort Lauderdale. By this time, she was unresponsive and her right side was paralyzed. She died several days later.

Palm Beach County hospital ERs have developed a spotty reputation over the last several years due to a shortage of specialists, including neurosurgeons. Stroke care, however, has improved at a number of hospitals since 2004.

Medical Malpractice in Florida
In Florida, family members can file a medical malpractice lawsuit and sue over the death of a loved one. A medical malpractice claim can be brought if the person that caused injury or death to the victim was a medical professional. If the patient died as a result of the negligence, then the lawsuit can be brought under the Florida Wrongful Death Statute. A lawsuit against a hospital owned by the state, county, or city must be filed under the Florida Tort Claims Act. If the hospital where the medical malpractice incident occurred took place is federally owned, then the lawsuit must be filed under the Federal Tort Claims Act.

Plaintiffs have two years from the time of injury/or death or when the patient or family members should have known (or knew) about the malpractice to file a case. Florida’s “statute of repose” also makes it impossible to sue a health care provider more than four years after the malpractice accident occurred unless concealment or fraud was involved. The exception to this is “Tony’s law,” which prohibits the statute of repose from cutting off a medical malpractice claim involving a child until he or she turns eight years of age. The state's two year statute of limitations, however, can still apply if parents/guardians knew or should have known that medical malpractice was the cause of the child's injury.

In Palm Beach County and other areas throughout South Florida, our medical malpractice attorneys have helped many injured patients and their families recover compensation from negligent doctors, hospitals, nurses, dentists, and other medical providers.

Tenet pays $2 million over delay in stroke treatment, PalmBeachPost.com, July 14, 2008

Related Web Resources:

Medical Malpractice, Justia

Federal Tort Claims Act (PDF)

Continue reading " Family of Boca Raton Woman Receives Nearly $2 Million to Settle Medical Malpractice Case Involving Wrongful Death Caused by Delayed Surgery " »

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Posted In: Medical Malpractice , Wrongful Death

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Connie D. Johnson, the mother of an 11-year-old boy who died in 2006 after collapsing while practicing football, has filed a wrongful death lawsuit against the Tampa Bay Youth Football League.

Johnson is accusing the league of causing her son’s death on July 21, 2006. Jarnell Johnson passed away nine days after experiencing heatstroke while exercising with the Nuccio Jaguars.

Johnson says the coaches neglected to make sure that her son was properly hydrated during the workout session. She also accuses them of failing to see that her son was suffering from a heat-related illness. Her wrongful death lawsuit claims that the league should have made sure that athletic directors and coaches were aware that the summer months are a very hot and humid period in Florida.

In an unrelated incident, several days before Jarnell’s death, another boy collapsed and later died after working out with the Progress Village Panthers. A medical examiner with the Hillsborough County ruled an extremely rare genetic blood disorder as the boy’s cause of death.

Who can recover compensation from a Florida wrongful death claim:

• The decedent’s husband/wife
• Children
• Parents
• Adoptive siblings and blood relatives (if they were partially dependent on the deceased for services or support)
• Children born out of wedlock to decedent (if the deceased was their mother)

Our South Florida wrongful death lawyers would like to offer you a free consultation to discuss your case.

Mother sues over child's football death, Tampa Bay.com, July 4, 2008

Related Web Resources:

Nuccio Jaguars

Wrongful Death, Justia

Continue reading " Florida Mother Sues Youth Football League For 11-Year-Old’s Wrongful Death " »

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Posted In: Wrongful Death

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In Fort Pierce, Florida, Jennifer Powers, the widow of Timothy Powers, a Vero Beach motorcycle rider who died last January when he was truck by a tractor-trailer rig on US 1 is suing truck driver Felix Villa and Torres Trucking & Tree Hauling Corp., the company Villa was working for, for wrongful death.

Timothy, 49, died at the scene. The morning fog was heavy on January 24 and the Florida Highway Patrol say the motorcyclist was not able to see the truck due to low visibility. The FHP says Timothy tried to put his motorcycle safely down but flew off the bike when the truck hit him. The heavy fog was also the reason that the St. Lucie County Fire District could not send a rescue helicopter to the accident site.

Jennifer alleges that Villa acted negligently to cause her husband’s death and she is accusing Torres Trucking of vicarious liability. Her lawsuit doesn’t specify a specific damage amount.

If you were hurt or someone you love died in a tractor-trailer accident in Florida, you need to retain the services of an experienced South Florida truck crash law firm that knows how to investigate your truck crash case and pursue recovery from all liable parties. Truck crash claims can be complex cases, and liable parties may include:

• The truck driver
• The truck company
• The owner of the truck
• A truck leasing company
• The truck manufacturer
• The truck shipper
• The manufacturer of a defective truck part
• Other motorists

Truck crash accidents will usually result in serious injuries, especially for motorcyclists and pedestrians that have no protection from the physical impact of getting hit by a tractor-trailer, big rig truck, 18-wheeler truck, or large garbage truck.

Our South Florida truck crash lawyers can help you explore your legal options. If we agree to work together, we will begin investigating your case, including examine all the evidence and assess your injuries, and take action to get your compensation.

Vero Beach widow files lawsuit against truck driver, TCPalm.com, July 1, 2008

Related Web Resource:

Federal Motor Carrier Safety Administration

Continue reading " Florida Widow Sues Tractor-Trailer Driver for Wrongful Death of Motorcyclist " »

Posted by Paige Trop & Ameen | Permalink | Email This Post

Posted In: Motorcycle Accidents , Truck Accident , Wrongful Death

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