Florida Injury Lawyer Blog

Medical errors caused by negligence or oversight are a common cause of serious injury and illness across the country. These errors can range from mistakes made in surgery to misdiagnosis to incorrect prescriptions. Medical errors cause fatalities as well as a host of serious personal injuries. In many cases, they lead to wrongful death suits or other lawsuits. There are many things that patients can do, however, to reduce the chances of medical error. Experts suggest that all patients:

1) Ask lots of questions. Patients should clarify the prognosis, diagnosis, and treatment for their condition with their physician. Doctors sometimes assume that patients understand more than they do, and this can lead to mistakes. Also, do not assume anything. If tests are being run or treatment being administered, ask for the details. Ask what to expect and why the treatment or tests have been chosen. Ask about alternatives and the pros and cons of each one. Finally, if you have tests run, be sure to follow up and ask what the results are.

2) Take extra precautions when having surgery. Discuss your surgery with your doctor and surgeon to ensure that everyone is clear on what procedures will be performed. The American Academy of Orthopaedic Surgeons goes so far as to suggest that surgeons sign their initials directly on the area to be operated on. This reduces the risk of wrong-site surgery and ensures that everyone knows what sort of surgery will be performed.

3) Ask to have one primary doctor in charge of care. In hospitals or in long-term care, many healthcare professionals are sometimes involved. While this can improve quality of care, it can also increase the chances of miscommunication or mistakes. Having one person in charge can ensure that one person you trust is in charge of major decisions.

4) Repeat information as often as necessary. Not every health care worker will read charts carefully or mark down information the same way. Always advise each new healthcare professional you encounter in your treatment about your allergies and conditions as well as the medications you are taking. Consider wearing a medical alert bracelet containing relevant information as well.

Continue reading "Preventing Medical Malpractice – What Florida Patients Can Do" »

In Florida, children visit hospitals, clinics, and doctors throughout the summer. While health care professionals are in the business of healing, however, medical errors are a leading cause of death among all age groups. According to a study reported in the Journal of the American Medical Association, rates of medical errors injuring children were comparable to error rates for adults. The major difference was that the rate for possible adverse drug events was three times higher in children.

Adverse drug effects, misdiagnoses, and other medical errors can cause serious personal injury, including neurological damage and permanent disability. To keep your child safe and to prevent medical malpractice suits later, the Agency for Healthcare Research and Quality (AHRQ) suggests that parents use the following tips each time medical care is required:

1) Stay involved. AHRQ has found that the largest risk for medical errors among children is often parent involvement. When physicians and other health care workers do not communicate well with parents, that makes it harder for parents to make informed decisions. Parents who stay involved in every decision made about their child’s care and who ask lots of questions greatly reduce the possibility of medical error.

2) Share all information – again and again. According to the AHRQ, parents should share a child’s medical history, allergies, and weight with every health care worker the child receives care from. It is not enough to assume the physician will read the chart. To prevent medical interaction, the AHRQ suggests that parents bring along all the medication a child currently uses in a bag to every appointment or hospital visit. Parents should always clarify that any new medication given will not interact with current medication.

3) Be vigilant about allergies. Having your child wear a medical bracelet outlining allergies is important. Reminding health care workers about allergies is also a good idea.

4) Be careful about drug errors. If you cannot read the doctor's handwriting on your child’s prescription, your pharmacist may face the same problem. Do not be shy about asking the doctor to rewrite the prescription, printing the name of the medication. When picking up the medication at the pharmacy, ask the pharmacist to double-check that the medication you are getting is the medication that has actually been prescribed. The Massachusetts College of Pharmacy and Allied Health Sciences reported that 88% of medicine errors involved the wrong medication or dose, so being vigilant is important.

Continue reading "Injuries to Minors And Children Can Happen in Florida Hospitals – Here’s What to Do" »

According to statistics released by the Centers for Disease Control and Prevention (CDC), in 2004, 3,355 car occupants ages 65 and older were involved in fatal car accidents. More than 177,000 seniors aged 65 and older across the country suffered injuries in car accidents in 2005. In 2004, more than 28 million licensed drivers in this nation were 65 years of age or older.

In Florida, the rate of car accidents among older drivers is an especial concern. Many senior citizens choose to retire in Florida or travel to the state in order to enjoy a vacation or some time in the sun.

Across the country, the rate of fatality and injury in car accidents is a concern. Older car occupants and drivers who are in car accidents can face longer recovery times than younger passengers and drivers. Hip fractures and bone fractures may take longer to heal. In cases where an elderly person is already having difficulty with mobility, nonfatal injuries such as burn injuries and brain injuries can prove incapacitating. Injuries that to younger drivers might require extended recovery time might prove fatal to older victims. The CDC has reported that older drivers are more likely than younger drivers to die from their injuries after a car accident.

Another problem is that elderly drivers are sometimes blamed for car crashes. Some people feel that elderly drivers pose a risk on the roads. Statistics do not support this idea. According to the Department of Health and Human Services, the motor vehicle death rate among drivers ages 70 and over has remained steady, at roughly 23 per 100,000, for more than ten years.

Some studies have suggested that age-related decreases in physical mobility, vision, and cognitive functions can affect the driving ability of some drivers, but there is no conclusive evidence that the elderly make poorer drivers than their younger counterparts. In fact, the CDC has released findings that show elderly adults are more likely to wear seat belts than other age groups except young children. CDC has also released findings that elderly drivers are more likely to drive only when driving conditions are safe and tend to drive fewer miles that other motorists. The CDC has also released studies that prove that elderly drivers are less likely to drink and drive than their younger counterparts. All of this suggests that while older drivers are more likely to suffer serious injury and even death in car crashes, they are less likely to cause accidents.

Continue reading "Are Elderly Florida Drivers At Higher Risk of Injury in Automobile Accidents?" »

Personal injuries can happen anywhere. You can sustain a serious injury in a car accident, on a property you are visiting, in a store, or in a private home. Personal injuries range from seemingly minor scrapes and bruises to serious head injuries, burn injuries, internal injuries, fractured bones, and spinal cord injuries. No matter what injury you suffer, there are certain steps you need to take to protect yourself:

1) Seek medical help. Even if your injury seems pretty minor, it is hard to tell whether or not there will be lasting repercussions from the wound. Only seeing a doctor will help you understand the severity. A healthcare professional can also document your injuries so that if the injury turns out to be more serious than you initially imagined, you have documented proof of what has taken place.

2) Report the incident to authorities. Do this as soon as you can. Authorities will be able to look into the accident and will be able to protect others from potentially harmful situations. You will be given a case number or file number that will help you keep tabs on the investigation.

3) Meet with a qualified Florida lawyer. A good Florida attorney can help protect your interests and can help you understand all your rights. A good rule of thumb is to not sign anything in a personal injury case until you have spoken to a good lawyer. An initial consultation can be free of charge and can empower you by giving you the information you need to know to deal with insurance adjusters and other professionals involved in the case.

4) Contact your insurance company, if needed. If you have been in a car accident or have sustained property damage as well as a personal injury, you will need to file a claim and meet with a claims adjuster.

5) Continue to work with your Florida attorney. Your lawyer will help you understand what needs to happen next. Maintain good communication and follow your attorney’s suggestions. Your lawyer may assesses your case and file a lawsuit. He or she may work to get you a settlement or may set a trial date for your case. Your attorney will work on pre-trial examinations and exchange of documents before the trial and he or she will also deal with any appeals made in the case.

Continue reading "What To Do If You Suffer a Personal Injury in Florida" »

Youth violence became an issue in the 1990s, when a veritable epidemic of violent acts perpetrated by and against young people seemed to hit the nation. While statistics show that youth robbery, rape, and homicide have declined since 1983, arrests for aggravated assault remain very high.

In Florida, teenagers and youth are now spending additional time with their peer groups. Summer means absence from the structures of school. Florida youth often spend part of their summer time unsupervised and with friends their own age. This can mean that minors can come into contact with youth violence during their summer vacations. In fact, Florida attorneys each year receive frantic calls from parents who have minors who have sustained injuries caused by another young person.

Youth violence is more than just a passing phase. Violence – whether caused by adults or younger persons – can cause permanent injuries. Aggravated assault perpetrated by teenagers can prove fatal and can cause brain injury and fractures. Weapons violence can lead to burn injuries and even spinal cord injuries. These wounds can mean months of school lost for a young victim. Young victims may find their future careers hampered by youth violence as well.

Experts believe that peer association is the single biggest risk factor in youth violence. Parents should get to know their children’s friends and should act on any disturbing violent behaviour at once. Reporting violence is important in stopping the crime. Sometimes, teens will not share their friend problems with a parent. However, signs of withdrawal, bruising, and moodiness can all be warning signs that a peer group is not healthy.

The Surgeon General’s Report on youth violence youth violence intervention and prevention programs are one positive way to reduce injuries and fatalities caused by young offenders. These programs, the Surgeon General’s Report suggests, need to be integrated with communities, schools, and individuals to be truly effective.

Continue reading "Florida Youth Violence A Concern " »

Now that summer has hit Florida, more drivers may be on the roads. Families will be shuttling back and forth between summer camps, jobs, and summer attractions and more high-school-aged motorists will be on the roads rather than in the classrooms. This, combined with the consumption of alcohol during summertime parties and events can create a potentially deadly combination.

Although programs to raise awareness about DUI have been in existence for years, thousands of Americans each year continue to die from DUI-related car accidents and tens of thousands of Americans of all ages continue to suffer injuries caused by these accidents. Serious brain injuries, burn injuries, spinal cord injuries, and other injuries result from car crashes each year. Some of these injuries require months or even years of recovery. Some of these cause permanent disability.

There is some good news. Centers for Disease Control and Prevention (CDC) reports that over the past two decades, fatal crash accidents involving DUI and drivers between 18 and 20 years of age have decreased by 60%. In the past few years, though, the CDC reports that the reducing accident rate has slowed. To lower the rate even more, more steps will have to be taken.

The CDC also recently reported that when sobriety checkpoints are used, less DUI-related automobile accidents occur. Research has shown that these checkpoints consistently reduce car accidents by to 10%. Interestingly, the study found that the checkpoints were effective whether they were implemented over time or used in short-term bursts.

Another CDC report suggests that DUI legislation, enforcement, and education can reduce car accidents caused by alcohol. The study found that states where MADD has assigned low grades for DUI prevention activities were 60% more likely to have DUI-related accidents that states with high grades from MADD.

Continue reading "DUI Still Causing Car Accidents in Florida and Other States" »

Each year, Florida attorneys are contacted about childhood tragedies involving water injuries. In the summer, especially, Florida lawyers are often contacted by distraught family members after a young child is drowned or sustains a serious injury while swimming in a river, pool, or lake. Florida summers mean cooling dips in the water, but parents and children need to take precautions to ensure water safety.

In 2004 alone, there were an average of nine unintentional fatal drowning in the United States per day, according to the CDC. These statistics do not include the water injuries caused by boating accidents. The CDC further reports that for every child under 14 years of age who dies from drowning, 5 were seriously injured in the water and required emergency treatment and hospitalization.

Water injuries to children can cause serious injury. Bone fractures are common poolside injuries. Brain injuries that result in loss of basic function, loss or memory, and learning disabilities also commonly affect children who have been seriously injured while swimming. Diving accidents commonly cause spinal cord injuries as well. Naturally, all these injuries can affect a child’s ability to develop normally and attend school.

Despite efforts to encourage safe swimming, drowning continues to be the second-leading cause of unintentional injury-related death for children between the ages of 1 and14 years of age. Many children under the age of one drown or sustain serious water injury in bathtubs, toilets, or buckets, according to statistics. For children between ages one and 4, most drowning deaths occur in residential pools. In these cases, the children are usually in the care of a parent and wander outside the home and into a pool.

According to the CDC, several things can be done to reduce drowning deaths and childhood water-related injury this summer. First, adult supervision should always be present when children are near water. Supervising adults should be alert and not distracted. Early childhood swimming lessons can help children learn the water safety and swimming skills they need to stay safe in the water.

Parents and other adults who routinely supervise children should learn cardiopulmonary resuscitation (CPR) and other first aid skills. Having these skills can help save a child’s life. The CDC also advises parents with pools to install pool fences and other barriers to keep pools safe. Removing toys from pools can also encourage children not to wander into the pool area.

Among US teens, car accidents are the leading cause of death, representing 36% of all teenage death, according to the Centers for Disease Control (CDC). When teenagers are in car accidents, they often sustain serious injuries, including burn injuries, fractures, facial injuries, spinal cord injuries, trauma, head injuries, and other serious wounds.

Sadly, some younger drivers have their entire lives cut short or hampered as a result of injuries sustained in car accidents. Injuries from car accidents can affect a teenager’s ability to attend school or hold down a job. The permanent injuries caused by some car crashes can affect a young driver’s future chances of employment. Worse, teens do not always fare well when seeking help. Since teen drivers are minors, they often have fewer chances to pursue legal action against other drivers’ negligence.

The statistics surrounding minors and car accidents are alarming. In 2004, 4,767 teens between the ages of 16 and 19 died of personal injuries caused by car crashes. In 2005, according to the CDC, almost 400,000 teen car occupants suffered injuries requiring emergency department treatment. Per mile driven, teen drivers are four times as likely as their older counterparts to crash. This makes car crashes one of the leading causes of injuries to minors and children.

There are many risks associated with teen driving. According to the CDC, teen drivers with teen passengers have a greater risk of crashing. Not wearing seat belts, being distracted by a cell phone, being tired behind the wheel, and driving while impaired can all affect a driver’s ability to drive safely. However, teenagers do not have to be driving in order to be at risk. Studies have shown that teenagers will knowingly be a passenger in a car with an impaired or unsafe driver at least some of the time.

Statistics show that teen drivers are more likely to be in a car accident during the first year they are on the road. Studies have revealed that this is partly because younger drivers are more likely than their older counterparts to dismiss or underestimate dangerous situations. Teen drivers have also proven to use excessive speed and to allow shorter headways when driving. Teens also have lower instances of seat belt use. The CDC reports that in 2005, 10% of high school students surveyed admitted that they rarely or never use seat belts when riding with someone else.

Luckily, the CDC reports that drivers licensing programs can reduce fatal car accidents up to 38% and can reduce car accident injuries by up to 40%. Good education can help teenagers and other drivers stay safer on the roads. Awareness of risk factors can also help minors make better decisions when operating a vehicle.

The U.S. Consumer Product Safety Commission (CPSC) is advising Americans of a little-considered danger of hurricane season. The CPSC is noting that some of the dangers of severe weather occur after a storm, and one of the most common dangers after a storm is Carbon Monoxide (CO). In 2005, at least 64 people died from CO poisoning by using portable generators, according to the CPSC.

After a storm or severe weather, many consumers use portable gas generators to power businesses and home appliances when the power goes out in storms. However, these devices can create unacceptable levels of poisonous CO. The CPSC is warning customers that after storms and at any time, these generators should be only used outside. The generators must also be used far from vents, doors, and windows, since these can permit CO to enter the home.

Recent surveys have shown that many consumers have false beliefs about generators. Many believe that generators can be run in basements or garages with good ventilation. This is not the case. Using portable gas generators in these conditions can cause poisoning and death. The CPSC notes that the amount of CO produced by one generator is the equivalent to the amount produced by hundreds of idling vehicles. Even with proper ventilation, this amount can cause injury and death.

The CPSC notes that using one generator indoors can kill an entire family within minutes. Worse, since the gas is odourless and colorless, family members are often unaware of the danger until it is far too late. In 1999, 6% of CO poisoning fatalities were caused by generators. By 2002, that figure had increased to 24%.

The CPSC has demanded that all portable generators imported or manufactured after May 2007 warn customers about CO poisoning. Under the new regulations, generators must have a visible DANGER symbol or label and must contain instructions regarding safe use of the product.

If you or a loved one have suffered personal injury due to a portable gas generator or other product, contact a qualified Florida attorney today. An experienced Florida lawyer can help you launch a products liability suit against any manufactures negligent in creating their product, so that you can get the compensation you are entitled to under the law to help you pay your medical bills and other related expenses.

According to materials published by the Centers for Disease Control (CDC), alcohol-related car crashes kill an American every 31 minutes and cause a non-fatal personal injury every two minutes. In 2005 alone, 39% of all car-accident related deaths involved car crashes that were alcohol-related. This means that 16,885 Americans died that year in fully preventable alcohol-related car accidents. In that same year, almost 1.4 million divers were arrested for driving under the influence. According to studies, that is less than one percent of the drivers who were impaired behind the wheel but were not caught.

Tragically, in 2005, 48 children were killed as pedestrians or as bicyclists when they were hit by impaired drivers. It is estimated that alcohol-related car accidents cost the country about $51 billion annually. In addition to the many fatalities that impaired driving causes, car accidents caused by impaired drivers cause property damage and lead to serious brain injuries, burn injuries, spinal cord injuries, and other life-altering injuries.

These statistics paint a grim picture, and many law enforcement groups as well as non-profit organizations have become involved in trying to stop these accidents. Among the tools used to stop car accidents caused by impaired drivers are the following strategies:

*Strict enforcement of current rules. Enforcement of laws concerning 0.08% BAC and legal drinking age as well as strict enforcement of traffic laws can help prevent car accidents. Also, implementing zero tolerance policies for drivers younger than 21 years old can help. Some experts have suggested lowering the BAC (legal limit for blood alcohol concentration) to 0.05% to further prevent fatalities and injuries.

*Immediate suspension of driving privileges for anyone who drives while intoxicated. Experts suggest that this can help stop drivers who routinely drive while impaired.

*Sobriety checkpoints that randomly check motorists for impairment.

*Community awareness campaigns and educational programs that teach motorists about the dangers of DUI.

* Mandatory treatment and assessment for substance abuse for motorists found to be driving under the influence.

Continue reading "Impaired Driving a Key Cause of Florida Car Accidents and Nationwide Crashes" »

Now that it is summer in Florida, late summer parties and the coming long weekends will inevitably mean fireworks. Fireworks have a fascinating history that goes back to ancient China, and Pyrotechnics can mean a beautiful show, but bright sparks all to often mean burn injuries and other serious personal injuries during the summer months.

In 2003 alone, an estimated 9 300 Americans were treated in hospitals for burns and other injuries resulting from fireworks. Four people succumbed to their injuries. Of those injured by fireworks each year, the majority are children. Boys between the ages of 5 and 9 are most likely to be injured and in fact about 45% of all fireworks-related injuries happen to children 14 years of age or younger.

More than half of all fireworks-related injuries are burns, although injuries to the hands, eyes, and face are also common. Lacerations and contusions are quite common with fireworks-related injuries. Plus, fireworks also contribute to residential fires and property damage as well.

According to experts, there are a number of reasons behind these types of injuries. The availability of "Class C" and "Class B" fireworks, which can ignite clothing and fly into the face of those setting the fireworks off, are widely available, even in those states that have strict restrictions against these products. Under the Federal Hazardous Substances Act, the most dangerous types of fireworks are prohibited, but they can still often be purchased. Secondly, many people who are injured by fireworks are too close to the fireworks when they explode. Among children who suffer burn injuries and other serious personal injury from fireworks, curiosity and unsupervised use of the products lead to many injuries. Children may be not agile enough to light fireworks and get to a safe distance, as well. Finally, some experimentation leads to fireworks-related injury each year. In particular, those fireworks that are home-made from several individual products can cause hazardous and unpredictable explosions that lead to property damage and injury.

According to the U.S. Consumer Product Safety Commission, the safest way to enjoy fireworks is to allow trained professionals to handle displays. Audiences are far less likely to be injured than those who actually handle the fireworks themselves. Nevertheless, if you or a loved one has been injured by a fireworks display and you believe that defective products or negligence led to injury, contact a good Florida attorney. Florida lawyers can offer you legal assistance that can ensure that you get the assistance you are entitled to by law.

Now that summer has arrived in Florida, more barbequing and more time spent at home, combined with hot, dry conditions can create the ideal environment for home fires. Those who are interested in camping and spending time outdoors, too, must obviously worry about fires in forests and other natural environments.

According to the Centers for Disease Control (CDC), deaths caused by fires and burns are the fifth most common cause of accidental deaths in the country. In fact, studies have shown that in 2005, across the country, someone died in a fire about every 143 minutes, on average, and someone suffered a personal injury from fire, on average, every 29 minutes.

In 2005 alone, fire departments rushed to 396 000 home fires across the country. Many of these fires were in residential homes and those who succumbed to injuries usually perished from toxic gases or smoke inhalation. In most residential fires, cooking caused the flames. In 2005, home fires resulted in almost $7 billion in property damage. The cost of fatal fire and burn injuries that same year was about $3 billion.

According to statistics, home fires are far more likely to be fatal if there are no smoke alarms in a home. In fact, about half of all deaths in residential fires occur in homes with no alarms. Simply installing smoke alarms can help reduce the chances of personal injuries, burns, and deaths that are caused by fires. In homes with smoke alarms, periodic inspection of the alarms will ensure that the units are working properly.

It is also important to remember that alcohol often plays a role in serious fire-related injuries and deaths. In fact, in about 40% of home fire deaths, alcohol use is thought to play a role. Being responsible can help ensure less injury and less fatalities as a result of fire.

If you or someone you love has been injured by a fire, contact a good Florida attorney. If a fire was caused through negligence or if negligence ensured that adequate help or prevention was not in place, you or your loved one may be entitled to compensation under the law. These proceeds can help with medical costs, rehabilitation costs and with surgery costs to help you and your family heal.