Over the last several months, Obama Administration has been taking steps to make sure that people become aware of the dangers that come with talking on the phone or texting while driving. Federal employees are now banned from doing either activity while on the job and the US Department of Transportation recently launched Distraction.gov, a Web site focused on further increasing public awareness. Texting and talking on a cell phone prevent a motorist from placing their full attention on driving. Texting is especially dangerous because drivers have to take their hands and eyes off the road for a few seconds minimum, which is more than enough time for a fatal Florida motor vehicle crash to happen.

While some US states and the District Columbia have laws banning texting and/or talking on a handheld cell phone, the Highway Loss Data Institute is reporting that these restrictions do not appear to be reducing the number of car crashes in those states. Could it be that people who used to talk on handheld cell phones are still talking while driving but are now using hands-free devices? Lawmakers were hoping that keeping both hands on the steering wheel would prevent cell phone driving accidents from happening, but there is mounting evidence that engaging in any conversation that is located anywhere else but in the car still takes the driver’s mind off the present driving conditions.

Our Miami truck crash lawyers are all too familiar with the injuries and deaths that result each year—at least 1.6 million auto accidents, reports the National Safety Council—because of motorists who were texting or using cell phones.

New distracted driving restrictions on commercial truck and bus drivers, US Department of Transportation, January 26, 2010

Study: Distracted-driving laws don't stop crashes, Seattle Times, January 29, 2010

Obama to Federal Employees: Don't Text and Drive, Washington Post, October 2, 2009

New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, VTNews, July 29, 2010

Cell Phone Driving Laws, Governors Highway Safety Association

Distraction.gov

The deadly Boynton Beach car accident occurred at the intersection of Dixie Highway and Northeast 56th street as Meyer attempted to turn left on a green light and was struck by McCurrie’s police car. The police officer did not have his lights activated or his sirens on at the time, but witnesses say he was speeding. The impact of the collision was strong enough that the back of the Honda separated from the body of the vehicle, landing several feet away.

Police are investigating the cause of the Boynton Beach motor vehicle crash. In the meantime, McCurrie has been placed on desk duty.

Palm Beach County, Florida Car Accidents
Police officers are supposed to exercise caution on the roads even when they are heading to an emergency scene or in the middle of a police pursuit. If you believe that your South Florida car crash happened because a police officer was speeding, failed to activate his emergency lights, or was negligent in another way, you may have grounds for pursuing a Palm Beach injury or wrongful death case against the officer and his/her department.

That said, all motorists are supposed to drive carefully, pay attention, obey the traffic laws, and adjust their driving to accommodate the driving conditions and traffic at any given time. Drunk driving, speeding, texting while driving, using a cell phone while operating a vehicle, driving under the influence of drugs, drowsy driving, distracted driving, failure to obey traffic signs, or failure to yield the right away are careless acts that can cause injury or death during a Florida motor vehicle crash.

Teen dies in crash with Broward patrol car, Miami Herald, January 24, 2010

Family mourns girl killed in crash with Broward deputy, Sun-Sentinel, January 26, 2010

Related Web Resources:
Broward Sheriff's Office

Florida DMV

Car Accidents and Negligence, Nolo

• Orlando
• Tampa
• Miami
• Jacksonville

Ft. Lauderdale did not rank far behind these four cities. In South Florida over the last two years, there were at least 329 pedestrian fatalities—that’s 22.5% of all traffic deaths in the Miami-Fort Lauderdale region. 16.9% of all Florida traffic fatalities between 2007-2008 were pedestrian deaths. 490 Florida pedestrian deaths occurred in 2008. These figures are disturbing, considering that the state only spends 1.5% of its federal transportation budget on bicycling and walking infrastructure.

Pedestrians need to have the proper road safety measures and traffic laws in place to protect them from the serious injuries that can result during a Florida pedestrian accident. Better designed roads, more crosswalks, additional/wider sidewalks, more crossing lights and speed bumps, and lower speed limits can help decrease pedestrian fatalities in high-risk traffic crash areas. According to Transportation for America, although driver mistakes and pedestrian errors can be sighted as two of the leading causes of US pedestrian crashes, many of these tragic accidents happen because the roads where they occurred were “dangerous by design.”

Also, Time Magazine recently reported that hit-and-run car accidents are an all too common occurrence in Florida. In the last 10 years, there have been about 46 Miami-Dade County hit-and-run crashes. Many of the victims were child pedestrians.

In an era where walking continues to be touted as a way to stay healthy and live longer, and in a state such as sunny Florida that is filled with tourists, college kids, bicyclists, skateboarders, retirees, and people who enjoy spending time outside, it is so important that transportation safety officials and motorists act to prevent Florida pedestrian crashes from happening.

Florida's roads dangerous -- for pedestrians, Sun-Sentinel, November 29, 2009

Florida's Deadly Hit-and-Run Car Culture, Time, November 29, 2009

Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods), Transportation for America

Related Web Resources:
Read the Transportation for America's Report "Dangerous by Design" (PDF)

Florida Department of Transportation

According to the Breaux family’s Miami Beach wrongful death lawsuit, there were no warning flags indicating that there were dangerous rip currents in the water on February 20, 1997 when the 36-year-old jazz guitarist entered the water to try saving the 66-year-old woman. Workers at the beach who looked as if they were lifeguards were actually employed by private beach concessionaires. Breaux’s wife and three young daughters saw him drown. According to the Florida wrongful death lawyer for Poleyeff’s husband, Eugenie would never have gone swimming if the city had warned her that there were rip currents and no lifeguards on duty.

The wrongful death case sparked a 2005 ruing by the Florida Supreme Court that held cities responsible for warning beach goers when it is too dangerous to go in the water. Following this decision and the insurer’s refusal to defend Miami Beach, city officials reached Florida wrongful death settlements with the victims’ families.

Monticello wanted to the court to find that the policy didn’t cover the city of Miami Beach. The court found the insurance company’s refusal to defend the city was wrongful.

In a state known for its fabulous beaches it is important that parties who oversee the numerous areas of beachfront properly warn swimmers of dangerous conditions. Failure to exercise this duty of care can be grounds for a Florida drowning accident lawsuit citing premises liability and alleging negligence or a wrongful death complaint.

Court Denies Insurer, Upholds $5.75 Million in Miami Beach Drownings, Insurance Journal, December 16, 2009

Miami Beach drowning victim's kin gets $5M, Miami Herald, December 15, 2009

Related Web Resources:
City of Miami Beach, Florida

The Florida Supreme Court 2005 Opinion (PDF)

He got stuck on the bridge, located on Sheridan Street, as it was raised over the Intracoastal Waterway. Nolan held onto the bridge but eventually let go. He was pronounced dead at a local hospital.

Nolan leaves behind his wife of 57 years, Pauline Nolan, and three daughters. The couple, who are from Illinois, had been living in Hollywood, Florida during the winters for about two decades.

The Florida Department of Transportation operates the drawbridge, which has a bell, flashing lights, and gate that are supposed to prevent cars and pedestrians from getting on the bridge as it closes and opens. Police say that Nolan, who was wearing headphones, may not have heard the bells go off.

However, the Florida wrongful death complaint contends that the alarms did not go off as Nolan began walking across the bridge. The Broward County civil lawsuit also accuses Michael O’Rourke, the bridge tender, of failing to check whether there was anyone on the bridge before he opened it and not heeding the motorists who yelled at him and honked their horns to let him know that Nolan was hanging onto the bridge.

ISS Facility Services, Transfield Services North America, and C & S Building Maintenance are defendants in the Hollywood, Florida wrongful death lawsuit. The family also intends to file a wrongful death complaint against the Florida Department of Transportation.

Florida Wrongful Death
In Florida, the victim’s family has two years from the date of death to file a wrongful death complaint. The decedent’s wife or husband, children, parents, and other family members who may have depended on the deceased for services or support, such as blood or adoptive siblings, are considered wrongful death “survivors” who may be able to seek damages from all negligent parties.

Family sues drawbridge operators in death of man, 80, Sun-Sentinel, December 7, 2009

Man Falls From Drawbridge, Dies, WPLG Miami, November 24, 2009

Related Web Resources:
Florida Department of Transportation

Wrongful Death, Justia

While overall there has been a decrease in the number of traffic deaths that occur in the US annually, the motorcyclist category is one where the number of deaths isn’t going down. This is disturbing, considering that motorcyclists are usually the least protected vehicle occupant group when involved in a traffic crash. In 2007, a motorcyclist had a 37 times more likely chance of dying in a traffic crash than a car occupant. A motorcyclist’s injury rate was 9 times more likely.

Injuries to motorcyclists are usually fatal if not catastrophic. Just last Sunday, rider died in a Brownsville motorcycle accident when his bike was involved in a collision with a Honda Accord. The sedan’s driver sustained minor injuries.

In Fort Myers last week, motorcycle rider Robert H. Cook, a Cape Coral resident, was killed when his bike collided with a school bus as the larger vehicle was turning left. No children were on the bus when the deadly Florida motorcycle accident occurred.

Motorcycle accidents are catastrophic not just for the victims but also for the liable motorist. Last week, a 26-year-old Miami woman was sentenced to 18 ½ years in state prison for accidentally killing two motorcyclists on February 29, 2008.

Dominique Brice was weaving in traffic and driving at a speed of about 87 mph when she struck two riders who were parked on I-95 at the Indian River and St. Lucie counties juncture. Motorcyclists Fritz Doucet, a 37-year-old North Miami police officer, and Raul Ortiz, a West Palm Beach computer technician, are the two men who died.

Sometimes, Florida Personal Injury Protection (PIP) is not enough to cover all of the injuries and costs sustained in a catastrophic motorcycle crash. You also may want to hold all negligent parties liable.

Motorcyclist dies in crash with car in Brownsville, December 29, 2009

Woman sentenced to more than 18 years in prison for killing two motorcyclists, TC Palm, November 25, 2009

Motorcycles, 2008 Traffic Safety Facts, National Highway Traffic Safety Administration (PDF)

Related Web Resources:
Florida State Motorcycle Laws

Hurt Report Summary

Falkenstein’s pelvis was fractured during the Florida truck crash and Ingrid died instantly. The couple had just retired when the tragic traffic collision happened.

The plaintiff accused, Christopher Angland, the truck driver, of running a stop sign. The trucker and McMaster Sod LLC, both defendants of the Florida wrongful death lawsuit, tried placing the blame on Flagler County by citing the failure to replace rumble strips and the poor signage on the road.

The jury did not hold the Florida county liable for Ingrid’s wrongful death. It did, however, hold McMaster 40% liable and Angland 60% accountable.

2008 Large Truck Crash Statistics (NHTSA):

• 269 fatal Florida truck accidents
• 4,066 fatal US truck crashes
• 66,000 US truck collisions resulting in injuries
• 74% of the US truck crash fatalities were people who were riding in the other vehicles that were involved in the large trucks
• 10% of the truck crash victims who died were not riding in any vehicle
• 71% of people injured in US truck accidents were riding in the other vehicles involved
• 3% of the truck crash injury victims were not riding in any vehicle when the accidents happened

While in recent years there has been a decline in the number of truck accident injuries and deaths, truckers and trucking companies can still do a lot more to prevent catastrophic truck crashes from happening. While truck drivers aren’t always responsible for causing a truck collisions, truck driver error continues to be a leading cause of fatal accidents. More often than not, it is the people who weren't riding in the truck that sustain the worst injuries.

Some common causes of truck accidents involving a negligent trucker:
• Texting while driving
• Drowsy driving
• Driving while medicated
• Speeding
• Failure to obey traffic signs and/or traffic laws
• Failure to properly maintain a truck
• Violating the FMCSA's Hours of Service rule

Flagler widower wins $5.1 million verdict in deadly truck wreck, Jacksonville.com, November 13, 2009

Jury Awards $5.1 Million In Palm Coast Wreck, News4Jax.com, November 13, 2009

2008 Large Truck Facts, NHTSA (PDF)

Related Web Resources:
Federal Motor Carrier Safety Administration

Trucking Accidents Caused by Driver Error, Nolo

The 53-year-old Jupiter resident’s body caught fire on October 2 as he pulled his motorcycle into the gas station. The motorcycle slid on a gas puddle, causing sparks to fly and flames to ignite.

Ragali sustained second- and third- degree burns and is undergoing physical therapy and getting skin grafts in the burn unit of a Miami hospital. His Palm Beach injury lawyer says his feet and face are the only parts of his body that weren’t burned.

The defendants named in Ragali’s Palm Beach County, Florida premises liability lawsuit are Circle K Corp, Circle K Stores Inc., Circle K store No. 2386, Shell Oil Products Co, Shell Oil Corp, and Motica Enterprises LLC.

Ragali’s Florida injury complaint contends that the defendants knew there were hazardous gas remnants on the property and they should have exercised reasonable care when inspecting, supplying, repairing, and maintaining the gas station and gas pumps. He is seeking damages for pain and suffering, disfigurement, permanent disability, bodily injury, loss of the capacity to earn money, loss of the capacity to enjoy life, medical bills, and nursing expenses.

Gas Station Accidents:
Gasoline companies and gas station owners are aware of how dangerous a gas station can be for patrons in the event of a gas leak occur or a fire. While customer carelessness can cause gas station fires, the premise owner and other responsible parties must make sure patrons are warned of possible hazards. Also, any necessary maintenance work and repairs to prevent injury accidents must be conducted.

Some 4.5 million burn deaths caused by gasoline fires happen each year. Another 10,000 fatalities are from infections sustained by the burn wounds.

Burn injuries are extremely painful and can lead to permanent disfigurement and scarring. Recovery, when possible, can take months.

Deputy sheriff sues over burns suffered in Keys, Keys.net, November 14, 2009

Gasoline Safety, Mass.gov

Related Web Resources:
Service Station Safety, National Fire Protection Association

International Society for Burn Injuries

According to police, Christopher Marcone’s blood alcohol level was over twice the legal limit at 0.207 when the tragic Florida car accident happened. The 27-year-old motorist is serving 13 years in prison for the fatal incident. He pleaded guilty to DUI manslaughter and other charges.

Shelby ‘s mother, Angela Stone, is also suing Kia Motors Corp. Her Florida products liability lawsuit accuses the carmaker of having a defective passenger restraint system in the minivan. Stone contends that the defective seat belt and shoulder harness played a part in causing her daughter’s fatal injuries.

The 13-year-old’s head got caught in the seat belt and she landed with her feet in the air.

People say this is one of the largest Florida awards to ever be issued. The jury decided that Marcone should pay Stone $275 million in punitive damages and $55 million in compensatory damages.

For anyone to die in a car accident is tragic. It is even more tragic when the death could have been prevented if only the liable motorist hadn’t been behaving negligently.

2008 Alcohol-Impaired Driving Accidents (Per the NHTSA):
• 11,733 alcohol-impaired driving deaths in the US
• At least 216 of the victims were kids under age 15
• More than 1400 Florida drunk driving-related deaths

Filing a Florida car accident lawsuit won’t erase what happened or make your injuries go away or bring back your loved one. It is, however, a way to hold the liable parties accountable for their actions and can allow you to obtain financial recovery for the harm that was suffered.

Hernando jury awards mother $330 million in drunken-driving death of teen, Tampabay.com, October 1, 2009

Alcohol-Impaired Driving, 2008 Traffic Safety Facts, NHTSA

Related Web Resources:
This story was written from prison by Christopher S. Marcone, Safe Teen Driver

Mothers Against Drunk Driving

Lewis’s family took matters in their own hands and sued West Palm Beach for Florida wrongful death in 2006. The US District Court threw out the case, which then was rejected by the 11th Circuit Court of Appeals.

Lewis’s family, however, refuses to give up and is vowing to take the case to the US Supreme Court if necessary. To the family, the video footage displays volumes about what they believe happened that night.

Police reports indicate that in 2005, Officer Raymond Shaw, accompanied by a “COPS” TV film crew, responded to a call at Lewis’ residence. Lewis, who was on drugs, told the police officer that someone was attempting to murder him.

Police tried to restrain Lewis as he struggled. After several minutes of being held down, Lewis stopped breathing. Police tried to revive him with CPR but he was dead by the time he arrived at the hospital.

While an investigation found that the police officers did not use excessive force and that drug use contributed to Lewis’ death, his family disagrees.

The COPS raw footage shows five officers using chokeholds, handcuffs, leg restraints, and a hobble cord to restrain Lewis. A sergeant is heard asking the other cops if they had reached the “state of unconscioiusness.” This video never aired on the TV show.

One prominent medical expert, Dr. Michael Baden, says he believes Lewis died from asphyxia caused by neck compression while police restrained him. He is calling the death a homicide.

Florida Wrongful Death
Police brutality can lead to injuries and death. While it is up to prosecutors to decide whether to criminally charge a cop for using excessive force, you can decide whether to sue for West Palm Beach personal injury or wrongful death.

Examples of Police Brutality:

• Physical violence
• Sexual assault
• Verbal abuse
• Emotional abuse
• Unlawful arrests
• Using force to restrain a suspect
• Intimidation
• Making threats
• Torture

Family refuses to drop wrongful death case, WPTV, October 16, 2009

Mom Sues Police After Son Dies While Taken Into Custody, WPBF, December 18, 2006

Related Web Resources:
West Palm Beach Police

PoliceCrimes.org

According to one news source, the plaintiffs are claiming that the school, the association, and coaching and training staffers were negligent for failing to notify the college football player that he tested positive for a sickle sell trait that can result in death from exhaustion. School officials, however, say that they did tell the 19-year-old about his condition and they had been monitoring him.

Plancher’s parents have accused coaches and trainers of ignoring the dizziness, exhaustion, breathing problems, and other symptoms of severe exhaustion that their son experienced during the off-season conditioning workout that turned fatal for him. Attorneys for the defense argued that because Plancher signed waivers relieving UCF of liability for medical conditions, the school and association cannot be sued. The judge, however, disagreed.

Now, there is news of another another possible Florida wrongful death lawsuit involving an athlete victim. Triathlete Dorothy Barnett-Griffin died after participating in the 2007 Ford Ironman Florida. Barnett-Griffin, 43, never regained consciousness after passing out during the swim portion of the triathlon in the Gulf of Mexico. The medical examiner’s office determined her cause of death was a brain injury resulting from not enough oxygen.

During Ironman competitions, participants are expected to swim 2.4 miles, run 26.2 miles, and bike 112 miles. About 2,200 people take part in this rigorous race.

In 2006, Bernard Rice, a 35-year-old Ironman participant, died after suffering a heart attack while swimming during the Ironman race. The Florida wrongful death lawyer for this lawsuit accused organizers of insufficient staffing and providing inadequate medical equipment.

If your son or daughter died while participating in an athletic or recreational event and you believe that death was caused or could have been prevented if only the parties overseeing, organizing, or supervising the activity did not act negligently, carelessly, or recklessly, you may have grounds for filing a Florida wrongful death lawsuit.

Triathlete's death may bring lawsuit, Orlando Sentinel, October 12, 2009

Lawsuit Continues In UCF Football Player's Death, Wesh.com, October 9, 2009

Family of Ereck Plancher to file wrongful death suit against UCF, NaplesNews.com, August 2, 2008

Related Web Resources:
2009 Florida Statutes

UCF Football

Ironman Florida

While the US Food and Drug Administration does not require Super Poligrip or Fixodent to come with the warning that excessive use can lead to neurological problems or zinc poisoning, the University of Texas Southwestern Medical Center revealed that Poligrip and Fixodent contained high levels of lead.

Our Miami denture cream lawyers represent clients throughout Florida who are suffering from zinc poisoning because they used a dental adhesive cream. Some of these conditions may become permanent if not treated as soon as possible. You have have grounds for filing a denture cream lawsuit.

Neuropathy symptoms:
• Movement difficulties
• Muscle spasms
• Muscle weakness
• Balance problems
• Tingling, weakness, pain, or numbness in the extremities
• Abnormal heart rate or blood pressure
• Constipation
• Perspiration problems
• Sexual dysfunction
• Bladder dysfunction

Hypocupremia (caused by decreased copper levels) symptoms:
• Fatigue
• Copper deficiency
• Edema
• Hair loss
• Skin sores
• Decrease in growth
• Diarrhea
• Anorexia

Fixodent manufacturer Proctor and Gamble Manufacturing Corp and GlaxoSmithKline PLC, the maker of Super Poligrip, already face numerous products liability lawsuits from plaintiffs who sustained serious injuries because of denture cream poisoning.

While the recommended zinc allowance for women is 8 mg/day and for men is 11 mg/day—40 mg is the maximum that is considered safe—certain denture creams can expose users to up to 330 mg/daily.

Drug makers can be held liable for Florida products liability if their drug is dangerous enough to cause injury, illness or death or the manufacturer neglected to warn about potential side effects or adverse reactions that might occur when using the medical product.

The US Drug Watchdog Expands its National Consumer Alert on the Denture Creams Super Poligrip and Fixodent, PR Web, October 14, 2009

Fixodent and Super PoliGrip Lawsuits Mount Over Denture Cream Poisoning, About Lawsuits, October 1, 2009

Related Web Resources:
Fixodent, Proctor and Gamble

GlaxoSmithKline, PLC

US Drug Watchdog

Olmstead was at the raceway celebrating his ninth birthday. According to the family’s Palm Beach injury lawsuit, Olmstead sustained critical injuries when the go-kart he was riding flipped and burst into flames. The 9-year-old has serious burn injuries from his torso to his chin. He also lost all 10 fingers.

The family’s Florida injuries to minors complaint says that the go-kart flipped over because the portion of the raceway was unevenly paved. The family’s Palm Beach injury lawyer says there were no race track employees nearby to help and someone in the stands had to rush over to rescue the boy.

The family is accusing the raceway of not properly maintaining the track surfaces, inadequate supervision, failure to keep fire extinguishers nearby, and not having phones in the vicinity in the event of an emergency. The plaintiffs are suing Carter Brothers and Briggs & Stratton for products liability. The injury lawsuit contends that the go-kart leaks fuel when turned upside down. The US Consumer Product Safety Administration has been examining the go-kart’s design.

Go-kart accidents are motor vehicle accidents that can result in serious injuries for the victims, who are not as protected as they might be within the confines of regular motor vehicles that come with built-in safety features. If your loved one was injured in a Florida motor vehicle accident involving a defective go-kart or because of negligence on the raceway company’s part, you may have grounds for filing a personal injury lawsuit.

In 1999, a jury awarded $1 billion to a woman who sustained serious burn injuries when her go-kart flipped over and burst into flames while on the raceway at Johnson's Park Go-Kart track in Pensacola. Jennifer Cowart was trapped in the burning vehicle until her seat belt burned through and she fell out of the Go-Kart. She had burn injuries on 93% of her body. She died 10 months after undergoing treatment for her injuries in 1993.

Family sues raceway over son's go-kart crash, Sun-Sentinel, October 5, 2009

Boy critically injured after go-kart crash, WPTV, May 26, 2009

Related Web Resources:
Palm Beach International Raceway

Go-Kart operating tips

Statistics from 2008, provided by the National Highway Traffic Safety Administration, reported close to 6,000 distracted driving deaths and more than half a million injuries. During any day last year, over 800,000 drivers used a handheld cellular phone while behind the wheel.

On Wednesday evening, President Obama signed an executive order banning federal workers from texting when they are riding a government-owned motor vehicle or while driving while on the job. Yesterday, the Obama Administration announced that it will press US states to pass distracted driving laws. The government also says that it is working on banning interstate bus drivers and truck drivers from text messaging while driving.

According to Virginia Tech researches, reaching for an electronic device or dialing a phone increases any driver’s crash risk by 6 times. Truckers who text increase their truck accident risk by 23 times. Car and Driver magazine says texting while driving is even more dangerous than driving under the influence of alcohol.

There are no laws in Florida banning people from texting or that restricts cell phone use while driving. This means that Florida motorists are free to engage in both activities without fear of any legal repercussions—but that doesn’t mean that there are no tragic consequences that can ensue.

As US Transportation State Ray LaHood reminded summit attendees, it only takes a few seconds for a catastrophic car accident to happen. It takes many distracted drivers even longer to dial a cell phone, read text messages, fiddle with an iPod, surf the web, paint their nails, or read a magazine.

Distracted drivers can be held liable for Florida personal injury or wrongful death.

Texting while driving banned for federal workers, Los Angeles Times, October 2, 2009

Govt: Nearly 6,000 deaths from driver distraction, AP, September 30, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

National Safety Council

In their Palm Beach County wrongful death lawsuit, Thomas and Joanne Kuleba claim the defendants neglected to properly diagnose in a timely manner, and treat, their daughter’s malignant hyperthermia, which can be triggered by anesthesia. The Kulebas also say that the defendants did not administer enough Dantrolene and waited too long to contact 911.

According to the family’s Boca Raton, Florida medical malpractice lawyer, Stephanie’s death was preventable. He claims that 95% of people with malignant hyperthermia survive, and physician error is typically the cause of related fatalities. According to Dr. Frederick Lukash, a plastic surgeon who was asked by CBS’s The Early Show to discuss the condition soon after Stephanie’s death, malignant hyperthermia can be treated with Dantrolene if the drug is administered immediately after the symptoms show up.

Plastic Surgery Malpractice
Like all other physicians, plastic surgeons can be held liable for medical malpractice if negligence or carelessness results in injuries or deaths. Plastic surgery malpractice can lead to serious injuries that may even require that the patient undergo additional surgeries to correct. In some case, a botched plastic surgery can lead to permanent disfigurement, permanent damage, infections, scarring, organ damage, severe asymmetry, and even death.

Anesthesia errors can also result in injury or death. It is the anesthesiologist’s responsibility to monitor the patient’s vitals and make sure prior to giving someone anesthesia that he or she does not have a medical condition or is taking certain drugs that could result in an adverse reaction. Unfortunately, anesthesia mistakes occur more often than we would like to believe.

Even if a surgical procedure was performed for cosmetic purposes, a plastic surgeon owes patients the same duty of care that other doctors do. Failure to provide that care can be grounds for a Florida medical malpractice lawsuit.

Parents of West Boca teen who died during breast surgery sue doctors, Sun-Sentinel, September 23, 2009

Fla. Teen Dies During Breast Surgery, CBS, March 26, 2008

Related Web Resources:
American Society of Plastic Surgeons

Living with plastic surgery mistakes, ABC News, July 29, 2009