Fort Lauderdale Personal Injury Lawyer

Slip and Fall Law Up For Debate In Florida

Chrissie Cole — Mon, 02 Mar 2009 12:59:00 GMT

Several Florida businesses claim the amount of slip-and-fall cases they are defending has risen dramatically since a 2001 Supreme Court ruling.

Florida’s high court ruled a person claiming injuries from a slip-and-fall accident doesn’t have to prove a business had knowledge of the hazard.

Rick McAllister, president and CEO of the Florida Retail Federation, says, “The cost to all retailers is dramatically higher.

His group as well others want to go back to the law before the 2001 court decision and require that an injured person prove the establishment was aware of any hazardous conditions.

Personal injury lawyers say it would be a bad idea because it would go back to arguing over how long that liquid or product had been there and it's not fair to plaintiffs.

Originally posted at InjuryBoard by Chrissie Cole

Mayfield Vanilla Classic Ice Cream Recalled Due to Undeclared Pecans

Jenny Albano — Sat, 23 Feb 2008 22:07:27 GMT

Mayfiled Dairy Farms, in conjunction with the FDA, is recalling Mayfield Classic Ice Cream because of undeclared pecans. Consumers who have an allergy to pecans can incur serious or life-threatening side effects if this product is consumed.

The code date is 01/30/09, the Universal Product Code (UPC) number is 75243 20144, and the plant code is 47225. Pecans are not listed as an ingredient on the label. No other Mayfiled Dairy Farm products are affected by this recall.

This recall includes only 250 units. The affected product was distributed in parts of Alabama, Mississippi, Georgia and Florida. The majority of the product has been recovered and Mayfield's delivery drivers and distributors are working with retail stores to actively recover the remaining product.

The recalled product is packaged in a half-gallon paper carton that is rectangular and all the code and date information is located on the end of the carton. The Tennessee Department of Agriculture has been notified of the recall.

Originally posted at InjuryBoard by Jenny Albano

Wait Times in Emergency Rooms Lengthen

Evan Rosen — Thu, 17 Jan 2008 15:22:28 GMT

According to a study, which was conducted by seven doctors affiliated with Harvard University and the Cambridge Health Alliance, a network of nonprofit Massachusetts hospitals, emergency room waiting times rose 36% for all patients and 150% for heart attack patients. An increase in the number of ER visits, plus a decline in the number of emergency rooms, likely has contributed to the wait. However, no one is really sure why heart attack patients have an even longer wait.

Robert A. Lowe, a physician and director of the Oregon Health & Science University's Center for Policy & Research in Emergency Medicine, commented that the study "is not surprising; it's worrisome." "What it reflects is that as access to care outside the emergency department deteriorates, the emergency department is one of the few safety nets through which everyone has access to care."

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Evan Rosen

Allstate Banned from Writing New Auto Insurance Policies in Florida

Evan Rosen — Wed, 16 Jan 2008 19:05:24 GMT

After just two hours into a meeting with Allstate, Florida Insurance Commissioner McCarty suspended Allstate's ability to write new automobile insurance policies in the state. Despite demands to turn over certain documents, Allstate failed to comply stating that the documents the state was demanding were "irrelevant."

Governor Charlie Crist issued the following statement.

"I applaud Commissioner McCarty for sending a clear message to Allstate Companies and protecting Florida's consumers. It is clear to me that Allstate must have something to hide if they are unwilling to comply with the Commissioner's requests. This type of behavior is an unconscionable disregard for this process and their customers.

I am grateful to Commissioner McCarty for taking this bold action today and look forward to further progress through the Senate Select Committee's work next month."

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Evan Rosen

Medical Malpractice Lawsuits Down

Evan Rosen — Wed, 02 Jan 2008 13:21:26 GMT

All over the country reports are coming in that Medical Malpractice lawsuits are down tremendously, despite the insurance lobby propaganda. In Pennsylvania, for example, medical malpractice lawsuits are down 38% since 2002 and in Philadelphia by 52%. Furthermore, two of the largest insurance carriers in the state for that kind of coverage are decreasing their rates and since 2002, 57 new carriers are offering policies to doctors.

It's a shame that the misinformation about this continues and no one really knows the truth about personal injury or medical malpractice litigation unless they unfortunately have to go through it. It is not a jackpot or lottery system and most insurance defense lawyers will tell you that not only are the great majority of jury verdicts in favor of doctors but both the number of lawsuits and the actual dollar amount of verdicts are down substantially.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Evan Rosen

Caps on Medical Malpractice Cap Citizens Right to Justice

Evan Rosen — Sat, 29 Dec 2007 15:54:59 GMT

A recent study of Medical Malpractice data conducted in California since its enactment of legislation capping awards on "non-economic" damages has shown that a lot of individuals can no longer afford access to the courts. Recently, a doctor found it impossible to find a lawyer to represent him after his mother had died from a medical error despite an exhaustive search of almost two dozen local lawyers.

Florida is experiencing the exact same problem. In Florida, we have very similar caps limiting a person's recovery for pain and suffering type damages which often times can make up the bulk of the award on a catastrophic injury or death case. By capping the awards, attorneys faced with potentially six figure costs to pursue these matters have to not only be much more selective but they must also turn down legitimate cases that for one factor or another don't generate enough potential "economic" damages like medical bills and future lost wages to justify the humongous expense. For example, in cases where a person who is retired passes away or is seriously injured by a physician's malpractice, there are no future lost wages which then makes the pursuit of justice, economically infeasible.

Lawyers who pursue justice in medical malpractice cases in general, do want to help people but most can't afford to do it at a loss nor should they have to. Besides regular business overhead expenses, lawyers who pursue these cases must pay similar competent doctors to be expert witnesses to examine the potential case, provide guidance along the way and testify in court. These fees can range between $500-$1,000 per hour and it wouldn't be unheard of to have $50,000 in expert witness fees on any particular medical malpractice case. Complex matters with multiple defendants, like a few doctors who were involved in a patient's care plus say a hospital could easily cause that figure to triple or quadruple.

Yet, while litigation volume and costs for insurance companies are being cut in half, Doctors still pay extremely high premiums and insurance company profits continue to soar. Medical Malpractice insurance companies used to make @ $.37 per dollar collected in premiums. Because of a severe drop of almost 48% of the number of cases brought to court, insurance companies now have the benefit of retaining $.61 per dollar collected as profit.

The pendulum has swung way too far the other way now....

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Evan Rosen

Don't Forget to Renew your Personal Injury Protection Benefits

Evan Rosen — Mon, 24 Dec 2007 13:43:34 GMT

On January 1, 2008, Personal Injury Protection benefits will once again be mandatory in the State of Florida after a temporary lapse. According to the Department of Highway Safety and Motor Vehicles you face suspension of your driving privilege, including your vehicle tag and registration, for up to three years or until proof of Florida insurance is provided, whichever is first.

And if you get your license suspended because of no insurance, a reinstatement fee of $150 to $500, for subsequent violations, must be paid and you must provide proof of current Florida insurance to reinstate your license. The penalties skyrocket if you are in an accident that causes property and/or bodily injuries to others.

Originally posted at InjuryBoard by Evan Rosen

El Actor Dennis Quaid Demanda al los Fabricantes de Medicina Despues de una Sobredosis de Heparina

Evan Rosen — Sat, 08 Dec 2007 14:18:07 GMT

Los gemelos reciÃ©n nacidos del actor Dennis Quaid recibieron, por error, una dosis 1,000 veces mayor de lo normal de heparina, una medicina que reduce la sangre, mientras recibian tratamiento por una infecciÃ³n de staph. Los gemelos se han recuperado pero la familia Quaid quiere que la corporaciÃ³n Baxter Healthcare, el fabricante de la heparina, arregle los contenedores, paquetes, y etiquetas en la cual viene la medicina para que no vuelvan a ministrar una sobredosis a nadie. Ellos han empezado una demanda para que se efectue este cambio. El aÃ±o pasado tres bebes murieron por esta misma negligencia mÃ©dica. La familia Quaid dicen que no estan enojados y esta demanda no se trata de dinero, sino que quieren prevenir esta forma de negligencia mÃ©dica.

Los niÃ±os, por lo general, reciben una dosis de 10 unidades de la medicina heplock, una version diluida de heparina, pero los gemelos de Quaid y otros en el pasado recibieron 10,000 unidades de heparina. Este error es frecuente porque los dos contenedores y paquetes son muy similares, los dos tienen etiquetas azules y tienen la misma forma de contenedor.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Evan Rosen

Evan Rosen — Fri, 07 Dec 2007 14:15:57 GMT

SegÃºn los Anales de la Medicina Interna, una encuesta de 1,600 doctores en el 2003 y 2004 revelÃ³ que el 46% de los doctores admiten que no reportan los errores mÃ©dicos serios que han cometido. Eric Campbell del hospital general de Massachusetts y de la escuela mÃ©dica de Harvard en Boston, quien llevo a cabo la encuesta, dijo que hay una gran brecha entre lo que los doctores piensan que es lo correcto y lo que realmente hacen. Por ejemplo, apesar de los nÃºmeros antes mencionados, el 96% de los encuestados dijeron que deberian reportar siempre las incompetencias o errores mÃ©dicos a sus supervisores o autoridades. Al igual el 93% dijeron que proveerian tratamiento mÃ©dico a los pacientes sin importar si pueden pagar o no, pero solo el 69% de estos tratan los pacientes sin seguro mÃ©dico.

Lo mÃ¡s preocupante es que solo el 31% de los doctores han sido evaluados en los Ãºltimos tres aÃ±os apesar que la mayoria piensa que deberian ser evaluados segÃºn los cambios de la tecnologÃa mÃ©dica. El Dr. James Thompson, gerente de la federaciÃ³n de la junta mÃ©dica de estados, dijo que hay pocos lugares donde los doctores reciben entrenamiento actualizado. Las juntas mÃ©dicas tienen sus limitaciones en cuanto a ir agresivamente tras los doctores que cometen negligencia mÃ©dica repetidamente. AdemÃ¡s no tienen sus propios investigadores que investiguen los problemas antes que surjan, todo por sus propias leyes y reglamentos. Lo Ãºnico que pueden hacer las juntas mÃ©dicas estatales es responder despuÃ©s de que se haya cometido el error y despuÃ©s que se ha reportado, y sabemos que solo la mitad de los doctores reportan sus errores.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Evan Rosen

Actor Dennis Quaid Sues Drug Maker After Twins Heparin Overdose

Evan Rosen — Thu, 06 Dec 2007 18:01:41 GMT

Recently, Dennis Quaid's new born twins were mistakenly given 1,000 times the normal dose of the blood-thinning medication Heparin while under treatment for a staph infection. The twins have apparently recovered fully but the Quaid's want Baxter Healthcare Corporation, the maker of Heparin, to fix the packaging so this never happens again and have filed suit to help effectuate that change. Last year three babies died from this same kind of medical malpractice and the Quaid's who say they aren't angry and it's not about the money, really just want to see that this easily preventable form of medical malpractice never happens again.

Children generally are supposed to receive a 10 unit dose of heplock, a diluted version of heparin, but instead the Quaid's twins and others in the past received a whopping 10,000 units of heparin. The mistake is commonly made because the two bottles share remarkably similar blue labels and a common shape.

Originally posted at InjuryBoard by Evan Rosen

Fort Lauderdale Personal Injury Lawyer

Slip and Fall Law Up For Debate In Florida

Mayfield Vanilla Classic Ice Cream Recalled Due to Undeclared Pecans

Wait Times in Emergency Rooms Lengthen

Allstate Banned from Writing New Auto Insurance Policies in Florida

Medical Malpractice Lawsuits Down

Caps on Medical Malpractice Cap Citizens Right to Justice

Don't Forget to Renew your Personal Injury Protection Benefits

El Actor Dennis Quaid Demanda al los Fabricantes de Medicina Despues de una Sobredosis de Heparina

Estudios MÃ©dicos Revelan Resultados Preocupantes Sobre los Doctores

Actor Dennis Quaid Sues Drug Maker After Twins Heparin Overdose