Monthly Archives: June 2010

Birth-Related Medical Malpractice – What Are the Rights of My Injured Child? What Are My Rights as a Parent?

When a doctor, nurse, hospital or other medical staff or facility fails to exercise reasonable care prior to, during and / or post the delivery of a child, these actions can be grounds for a medical malpractice claim. Wrongful Birth – if a doctor or medical staff failed to warn parents about a birth defect that, had they known, would have made the decision to end the pregnancy, they may have grounds for a wrongful birth suit. Wrongful birth suits are usually brought when there has been negligence in detecting a birth defect or if genetic testing was done improperly. … Continue reading

Posted in Medical Malpractice | Comments Off on Birth-Related Medical Malpractice – What Are the Rights of My Injured Child? What Are My Rights as a Parent?

Nursing Malpractice – A Type of Medical Malpractice Case in Florida – What Are My Legal Rights as a Victim of Nursing Malpractice?

Most people assume that medical malpractice lawsuits are brought against doctors and hospitals, but there are a number of medical malpractice suits brought every year against nurses in the United States. Like doctors, nurses have a responsibility to perform their nursing duties in a competent manner. If they fail and that failure harms a patient, there may be grounds for a medical malpractice lawsuit. The most common types of nursing malpractice include: Failure to Act – Since nurses are the primary caregivers for patients, if they fail to take the appropriate action in an emergency or do not properly monitor … Continue reading

Posted in Medical Malpractice | Comments Off on Nursing Malpractice – A Type of Medical Malpractice Case in Florida – What Are My Legal Rights as a Victim of Nursing Malpractice?

Boating Accident Involving Sheriff’s Deputy In Palm Beach County, Florida – Serious Personal Injuries Result (Arm Amputation)

An off-duty Palm Beach County Sheriff’s Office deputy had to have her arm amputated after suffering traumatic injuries last week in a boating accident. The boat crash happened in the Intercoastal Waterway just north of the Donald Ross Bridge. Deputy Cheryl Griffin, 42, was boating on the Intercoastal with a friend when she ran into a dry dock. A boat on a lift fell on top of her 20-foot watercraft and pinned her momentarily underwater. Bystanders were able to free the deputy, who was airlifted to St. Mary’s Medical Center where doctors amputated her arm due to severity of her … Continue reading

Posted in Boating Accidents | Comments Off on Boating Accident Involving Sheriff’s Deputy In Palm Beach County, Florida – Serious Personal Injuries Result (Arm Amputation)

Medical Highlights New Life-Saving Drug for Accident Victims

Results from a World Health Organization study show that between 70,000 and 100,000 lives could be saved every year if trauma victims were given access to TXA (tranexamic acid), a drug that reduces the rate of blood clot breakdown. The CRASH-2 Study noted that injuries are a leading cause of death worldwide, with almost six million deaths per year around the globe. Of those, more than two million die in vehicle accidents. In addition, the study noted that hemorrhage is responsible for at least one-third of hospital trauma deaths, and also contribute to deaths from organ failure. Studying more than … Continue reading

Posted in Automobile Accidents | Comments Off on Medical Highlights New Life-Saving Drug for Accident Victims

Florida Product Liability Claims and Lawsuits for Defective Vehicles – What Are My Legal Rights as a Personal Injury Victim? What Are the Legal Duties of the Automobile Manufacturer?

Earlier this year, the dominant news story was the sudden acceleration and brake failure on many Toyota model cars and trucks that caused a number of accidents and “runaway” vehicle events. Typically, motor vehicle product liability claims are for vehicles or parts that have a manufacturing defect, or vehicles or parts that have a design defect. In most cases, all or some of the following entities may be pursued for a motor vehicle product liability claims: • The manufacturer of the vehicle • The manufacturer of the parts • The vehicle dealer • The automotive supplier or repair shop If … Continue reading

Posted in Product Liability | Comments Off on Florida Product Liability Claims and Lawsuits for Defective Vehicles – What Are My Legal Rights as a Personal Injury Victim? What Are the Legal Duties of the Automobile Manufacturer?

Florida Products Liability – What Proof Is Required When a Defective Product Causes Serious Personal Injury or Wrongful Death in Florida?

How do you prove a product liability claim? Under product liability law, you must show: Injury or loss. One of the most critical elements of a product liability claim is that a person has suffered an actual injury or monetary damages. Without either of those, there will be practical issues and challenges for both the attorney and client in pursuing such a legal cases. Product defect. You also have to prove that the product that caused you injury or damage was defective. Types of defects include products that have been manufactured or designed improperly, as well as products that do … Continue reading

Posted in Defective products, Product Liability | Comments Off on Florida Products Liability – What Proof Is Required When a Defective Product Causes Serious Personal Injury or Wrongful Death in Florida?

Florida Trucking Accidents – What Are the Rights of Trucking Accident Personal Injury Victims? What Are the Responsibilities of Truck Drivers and Trucking Companies?

According to the Federal Motor Carrier Safety Administration, large trucks are involved in 11 percent of fatal vehicle crashes in the United States. Because of their size and weight, large trucks usually cause much more damage in vehicle crashes than ordinary traffic accidents. Discovering exactly who is liable for damages in a trucking accident can be a challenge because trucking companies attempt to distance themselves from liability by leasing the equipment it uses to haul loads and hiring drivers as independent contractors, not employees. Fortunately, there are now federal laws that enable injured parties to bypass the confusion and attach … Continue reading

Posted in Trucking Accidents | Comments Off on Florida Trucking Accidents – What Are the Rights of Trucking Accident Personal Injury Victims? What Are the Responsibilities of Truck Drivers and Trucking Companies?

Florida Continues to Lead Nation in Boating Accidents

According to the 2009 Florida Boating Accident Statistic Report by the Florida Fish and Wildlife Conservation Commission, the Sunshine State continues to lead the nation in boating accidents with a total of 620 reported in 2009. The leading cause of boating accidents by far was operator inattention. The leading type of boating accident was a crash involving a fixed object while cruising. Of the 65 boating accident fatalities in 2009, almost half involved either alcohol or driver / operator negligence. Personal watercraft (PWC) were involved in 23 percent of the reported boating accidents, even though they represent just 13 percent … Continue reading

Posted in Boating Accidents | Comments Off on Florida Continues to Lead Nation in Boating Accidents

Florida Law and Advice: What to Do After a Florida Bicycle Accident Causing Personal Injury?

According to a recent study by Transportation for America and the Surface Transportation Policy Partnership, Florida is the #1 state for cyclists and pedestrians killed in car accidents. If you are riding a bicycle and get hit by a car, what you do following the accident can either help or harm you when it comes to recovering damages. Here is what you should do to help yourself: Call the police – Even if you have sustained minor or no injuries, you should all the police and wait for them to arrive so they can take a police report. If you … Continue reading

Posted in Automobile Accidents, Bicycle Injuries, Traffic Citations | Comments Off on Florida Law and Advice: What to Do After a Florida Bicycle Accident Causing Personal Injury?

Florida’s Slip & Fall Law Effective July 1, 2010 – How Does It Apply to My Slip and Fall Case at a Grocery Store, Department Store (Wal-Mart, Target, Etc.) and Other Business Locations?

The 2010 Florida legislature passed a new law that was signed in April by Gov. Charlie Crist and takes effect on July 1, 2010, which requires a plaintiff to prove that a business was aware of a dangerous condition, and should have taken action to remedy it. The new law nullifies the holding in Owens v. Publix Supermarkets, Inc, 802 So. 2d 315 (Fla. 2001) and repeals 768.0710 F.S. It essentially eliminates the burden on the defendant to produce evidence that it exercised reasonable care after a plaintiff has proven that a transitory substance caused his or her fall. For … Continue reading

Posted in Child Safety, Slip & Fall Injuries, Statutory References (Florida) | Comments Off on Florida’s Slip & Fall Law Effective July 1, 2010 – How Does It Apply to My Slip and Fall Case at a Grocery Store, Department Store (Wal-Mart, Target, Etc.) and Other Business Locations?