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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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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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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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 " »

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Posted In: Motorcycle Accidents , Truck Accident , Wrongful Death

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A 47-year-old Florida man was seriously injured on Tuesday when he was hit by a car. The Florida Highway Patrol says that Fort Walton Beach resident James P. Dreyer was crossing the road when the accident happened. The FHP has ordered an investigation to determine whether charges need to be filed.

If someone you love has been injured or killed in a pedestrian accident, our South Florida injury lawyers can help determine whether you can recover compensation from the parties responsible. Although criminal charges may not be filed against a driver, you may still be able to hold him or her civilly liable for personal injury or wrongful death.

Unfortunately, pedestrian accidents happen far too often. NHTSA statistics report that nearly 5,000 pedestrians are killed each year in traffic accidents. Although some of these deaths are a result of pedestrian negligence, many injuries and deaths occur because a driver was speeding, distracted, driving under the influence, or text messaging/talking on the phone.

Pedestrians have absolutely no protection from the impact of being struck by a bus, truck, car, motorcycle, or train, and the injuries are often catastrophic. Florida’s sunny weather and its beaches, many universities and schools, and different recreational parks make the state easily prone to pedestrian accidents because there are bicyclists, skateboarders, vacationers, and others walking to and from their respective destinations on the state's sidewalks and roads throughout the year.

Whether you are a Florida resident or a visiting tourist, Our South Florida personal injury law firm can evaluate your pedestrian injury case for you and help you determine your legal options. We have the resources to help you pursue your full recovery.

Injured FWB pedestrian identified, NWF DailyNews.com, June 24, 2008

Related Web Resources:

Traffic Safety Facts, NHTSA.gov

Pedestrian Crash Facts, Walkinginfo.org

Continue reading "Florida Pedestrian is Seriously Injured After Being Struck by a Car" »

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In Florida, a jury has ordered Bon Secours-St. Joseph Health Care Inc. hospital to pay Lisa and Joseph Ferrentino, a Port Charles couple $364,928 for failing to detect pre-birth injury defects that caused their baby’s death.

Joseph Ferrentino Jr. died on February 20, 2001, three days after he was placed on a respirator. He was suffering from a Trisomy 13, syndrome that leads to chromosome number abnormalities.

The Florida jury agreed that St. Joseph Hospital, now called Peace River Regional Medical Center, committed medical malpractice when it acted negligently and failed to detect deformities or disease during testing. The obstetrical ultrasound took place during the second trimester of Lisa’s pregnancy and failed to include key images, including a chamber view of Joseph Jr’s’s heart.

The Ferrentino’s medical malpractice attorney says that the ultrasound would have found the heart defects if the hospital staff had done the test correctly, and Lisa would have had the option of terminating her pregnancy.

Trisomy 13
Trisomy 13 is a genetic disorder that can result in a number of birth defects, including problems with the different organ systems in the body and mental retardation. 20-30% of infants born with Trisomy 13 die within a month of being born. 90% of infants with Trisomy 13 die by age 1.

Obstetricians and gynecologists owe a duty of care to parents and babies to provide them with the proper medical care and attention, including proper testing. When medical errors or the failure to provide that proper care/testing results in injury or death to an infant or the mother, the medical provider can be held liable. Examples of these kinds of medical malpractice include failure to induce labor, failure to provide proper prenatal care, and failure to test for defects.

Our South Florida medical malpractice law firm can help you determine whether you have grounds to file a personal injury or wrongful death lawsuit against a health care provider.

Jury awards $364K in medical malpractice case, Sunnewspapers.net, June 4, 2008

Trisomy 18 & 13, Lucile Packard Children's Hospital

Related Web Resources:

Peace River Regional Medical Center

Doctors Visits and Tests, Womenshealth.gov

Continue reading "Florida Jury Awards Port Charles Parents $364,000 for Medical Malpractice Case that Led to Baby's Pre-Birth Injury Defects" »

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In Boynton Beach, Florida, one person died on Tuesday night in a four-auto collision on I-95. Two SUVs and two sedans were involved in the crash.

Emergency workers arrived at the accident scene and discovered one person with fatal injuries trapped in one of the motor vehicles. The rest of the motorists appeared to be uninjured.

If you were seriously injured or if someone you love has died in a Florida motor vehicle accident, you may be able to file a personal injury claim or wrongful death lawsuit against the party responsible for the injury accident. An experienced Florida auto accident law firm can handle your case for you.

Injury cases involving multi-vehicle collisions can be more complex than accident cases involving just two vehicles. Our South Florida auto crash lawyers will work with accident experts to identify the driver that started the accident and whether there were other circumstances or conditions, such as a defective motor vehicle, poor road conditions, or debris on the road that should have been cleared away, that might also have contributed to your accident. There may be more than one liable party responsible for your auto crash, and we will pursue all avenues of recovery for you.

Our South Florida car crash attorneys have helped many injury victims recover compensation from negligent motorists, the manufacturers of defective motor vehicles, or liable state and municipal entities. We will work with accident reconstructionists and medical experts that can determine which procedures your injuries will require and how much they will cost.

There is a good chance that your Florida PIP coverage will not cover all your medical costs if you have been seriously injured in an auto crash. It definitely will not compensate you for the loss of a loved one.

One dead in four-vehicle crash on I-95 near Boynton Beach Blvd., PalmBeachPost.com, June 10, 2008

Related Web Resources:

FARS Encyclopedia

Florida DMV

Continue reading "One Person Dies in Florida Multi-Vehicle Crash on I-95 Close to Boynton Beach Blvd. " »

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In Florida, Kareen Dryden, the mother of Dean McGregor, a 7-year-old boy who died from blunt force injuries, is suing the Department of Children & Families and ChildNet, its contracted foster care agency, for his wrongful death.

Dryden is accusing the two agencies of failing to investigate allegations that Dean's father, Desmond McGregor, was abusing the boy, and neglecting to protect Dean and his brothers from the abuse.

Dean died in July 2006 following a severe head injury caused by blunt force that left him clinically brain dead. The Broward County Sheriff’s Office is continuing to investigate the cause of his injuries. No one has been arrested in connection to his death.

A Florida judge had awarded custody of Dean, who was a twin, and his two brothers to their father after Kareen was arrested on felony child neglect charges. At the time, Desmond McGregor already had a criminal record, which included a charge for aggravated battery.

In 2005, the DCF’s abuse hotline received a report from a caseworker that Desmond’s girlfriend had disciplined Dean with a belt. During an examination following the abuse report, Dean told state doctors that his father hit him with a belt and he had neck and back injuries.

In 2006, Florida’s Child Protection Team confirmed abuse, failure to protect, and failure to provide safe environment. The kids remained in their father’s custody. The Florida wrongful death lawsuit accuses the defendants of knowing the boys were in danger but failing to remove them from their father’s home.

This latest lawsuit against the DCF comes soon after Florida lawmakers approved a claims bill granting 9-year-old Marissa Amora $18.2 million for traumatic brain injuries she sustained when the DCF allowed the girl, then 2, to return to her biological mother even though there were signs she was being abused. A jury initially awarded Amora’s adoptive family $26 million.

Our South Florida wrongful death law firm has helped many families recover compensation for the wrongful deaths of their loved ones. We are dedicated to protecting you and your right to recovery.

Mother sues DCF over boy's death, MiamiHerald.com, May 28, 2008

Abused Florida 9-year-old to receive millions for DCF mistake, News-press.com, May 6, 2008

Related Web Resources:

The Florida Department of Children and Families

ChildNet.

Continue reading "Broward County Mother Sues Florida’s Department of Children & Families for Son’s Wrongful Death" »

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In West Palm Beach, a jury has awarded Terry Williams, a 45-year-old mural artist $2.1 million for permanent and disabling neck and brain injuries that he sustained in a 2003 Florida truck crash.

Williams’s van was rear-ended by a Loomis & Fargo truck on Interstate 95 in Palm Beach Garden. Because of the accident, he cannot paint quality work. The jurors ruled that the driver and Loomis & Fargo were negligent in causing the accident.

Traumatic Brain Injuries
Some 1.4 people sustain traumatic brain injuries each year. A TBI usually occurs when there is a violent blow to the head. Common causes of TBIs include car accidents, motorcycle crashes, truck collisions, assault crimes, fall accidents, physical abuse involving violent shaking of the head, and gunshot wounds.

Traumatic brain injuries can be completely life changing. A person with a serious traumatic brain injury may have problems speaking, eating, remembering things, or have difficulty controlling their motor functions. Seizures may ensue and a TBI patient may experience sudden mood swings or personality changes.

A TBI can also seriously affect the lives of the victim’s friends and family, who can no longer enjoy the kind of relationships and interactions that they used to with their loved ones. If the TBI victim was the main source of financial support for the family, their quality of life can also be compromised.

A person with a serious TBI may also require costly, ongoing, specialized medical care.

In South Florida, our serious injury attorneys know how to properly pursue your case and prove to a jury that your injuries warrant significant recovery. Our motor vehicle crash lawyers have helped many auto accident victims and their families recover compensation through settlements and verdicts.

Jury awards West Palm artist $2.1 million for 2003 car wreck, Sun-Sentinel.com, May 27, 2008

Traumatic Brain Injury, MayoClinic.com

Related Web Resource:

Traumatic Brain Injury Information Page

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Patricia Floyd, the 51-year-old mother of three that died in a Florida motor vehicle collision on Mother’s Day was buried on Monday. Floyd was killed when a stolen truck that was speeding struck the car she was riding in.

Floyd’s 17-year-old son was also seriously hurt in the multi-car collision. He was taken immediately to Jackson Memorial Hospital's Ryder Trauma Center. His Injuries included internal bleeding and a broken leg.

Two other people from one of the two other autos also involved in the motor vehicle collision were also taken to hospitals. Fortunately, their injuries are not fatal.

The two men that fled the scene after the deadly crash had reportedly stolen the truck from Gold Coast Crane Service. They have yet to be found although Florida police are continuing to look for them.

Reasons why drivers hit and run:

• They are riding a stolen automobile
• Drunk driving
• Driving under the influence of alcohol or drugs
• No driver’s license
• They may have violated their probation or are avoiding apprehension for another reason
• Panic or fear

In 2004, the AAA Foundation reported that almost 11% of police-reported collisions are hit and run cases. National Highway Traffic Safety Administration reports that 14,914 people died in hit and run accidents between 1993 and 2004.

Our South Florida auto crash law firm represents surviving family members that have lost loved ones in motor vehicle accidents resulting from driver negligence or recklessness. We can pursue all possible avenues of recovery for you. Just because the negligent driver hasn’t been apprehended yet doesn’t mean that you don’t have any options to receive compensation for your injuries and property damage.

Killed On Mother's Day Laid To Rest, CBS4.com, May 19, 2008

Police: Driver Of Stolen Truck Flees After Fatal Crash, NBC6, May 12, 2008

Related Web Resources:

Florida Hit and Run Laws

Hit-run deaths see 20% increase, USA Today, October 17, 2008

Continue reading "51-Year-Old Woman Killed on Mother’s Day in Hit and Run Motor Vehicle Collision is Laid to Rest" »

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In Florida, a Palm Beach County jury awarded the estate of a man murdered at a West Palm Beach apartment $3.2 million for his wrongful death. The defendant in the Florida premises liability wrongful death case was Haverhill Affordable Housing and Picerne Management, the management company and owner of the complex where Corey Beckford died.

The 32-year-old father of four was shot to death on April 10, 2007 at Saddlebrook Apartments. This was not the first murder at the complex. In 2005, a 25-year-old man died and his nine-year-old daughter was injured after being shot by a masked gunman.

Florida’s Wrongful Death Statute:

768.19 Right of action.--When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.

The managers and owners of the many housing and apartment complexes and retirement centers in Florida are responsible for keeping their properties safe for residents and visitors. Adequate security measures, such as locks on entrances and windows, proper lighting, alarm systems, security cameras, security gates, and security guards, must be in place—especially on a premise where there has been a history of crimes committed on the property or in the surrounding area.

When failure to take the necessary steps to prevent crimes from happening occurs, the injury victim of the estate/family members of the deceased can file a personal injury or wrongful death claim or lawsuit based on premises liability and/or inadequate security.

Contact our Palm Beach wrongful death lawyers to discuss your case.

Jury awards $3.2 million in wrongful death at apartment complex, Sun-Sentinel May 7, 2008

The 2007 Florida Statutes

Related Web Resource:

Saddlebrook Apartment Homes, Yahoo.com

Continue reading "Florida Jury Awards $3.2 Million Premises Liability Wrongful Death Award to Estate of Man Killed at West Palm Beach Apartment Complex" »

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The Florida Department of Transportation has joined the National Highway Traffic Safety Administration and other state departments of transportation in the nationwide campaign to promote motorcycle safety awareness during the month of May.

Promoting motorcycle safety is essential across the United States, as the death toll for motorcyclists continue to rise each year. Across the nation, 4,810 motorcycle riders died in 2006—5% more than the number of motorcyclists that died in 2005. 88,000 motorcyclists were injured in 2006—1,000 injury victims more than the 87,000 injured motorcycle riders in 2005.

In Florida, 388 motorcyclists died in 2004 compared to 339 in 2003. 6,558 Florida motorcycle riders were injured in 2004—again, an increase from the 5,973 that were hurt in traffic crashes in 2003.

The sunny weather in Florida makes motorcycle riding a yearlong, popular mode of transportation. One reason that motorcycle accidents happen so often is that other drivers forget to watch out for these smaller motor vehicles. Many motorcycles end up in a motor vehicle’s blind spot, which makes them even harder for a driver to see unless they are purposely looking around.

In South Florida, our motorcycle accident law firm represents injury victims and their families in the recovery of the financial compensation that they are owed by the negligent parties. If you contact our Miami motorcycle crash law firm for your free case evaluation, we can explore your legal options with you.

The Florida Department of Transportation offers several safety tips regarding how motor vehicle drivers can share the roads safely with motorcyclists:

• Give a motorcycle the full width of a lane rather than sharing one with them.
• Check your mirrors and blindspots for motorcycles.
• Be aware that certain road conditions that aren’t dangerous to you might be hazardous to a motorcycle rider.
• Don’t tailgate a motorcycle.

Our South Florida motorcycle collision injury law firm has law offices in Miami, Naples, and Hollywood, Florida.

May is Motorcycle Safety Month, Florida Highway Patrol

Share the Road, NHTSA

Related Web Resources:

Safety Tips for Motorcycles, Share the Roads Safely

Motorcycle Safety Foundation

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