Florida Injury Lawyer Blog

As a Florida Med-Mal lawyer I am often asked what the most difficult part of the case is. I believe it is finding expert witnesses that are willing to testify against other doctors. Many are afraid or discouraged by their hospitals, insurance companies or associations.

Florida Statute Section 766.102 requires that any medical negligence case must first be reviewed and certified by an expert witness. Statute Section 766.102 has very specific requirements about who, when and how experts can testify.

The expert must be a licensed health care provider and if the defendant is a specialist, the expert witness must specialize in the same specialty as defendant the doctor and have practiced within the 3 years immediately preceding the date of the malpractice.

This statute poses a tremendous burden on injured patients and their lawyers to find doctors who are qualified and willing to testify, making it very difficult for Florida's injured patients to get justice.

As a Florida trip and fall accident lawyer, I wonder why more places do not put up signs telling customers to be careful? According to the Centers for Disease Control and Prevention, costs for treating falls is more than $19 billion annually, with a projected cost of at least $43 billion by 2020.

We have represented folks who have fallen in restaurants, supermarkets and parking lots for reasons ranging from wet or greasy floors, clutter and debris, to uneven surfaces, improper cleaning and lack of hazard identifications across the State of Florida.

We believe that many of these falls might have been prevented with the installation of a sign telling visitors just to be careful. More businesses should take the time to make sure their property is safe before someone gets hurt. If you are injured by slipping or falling contact Miami Florida personal injury lawyer Spencer Aronfeld.

Patients in Florida's hospitals can do a few things to prevent a medical error. As a Miami lawyer who sues hospitals for medical mistakes, I believe that there needs to be a concerted effort between both health-care providers and patients to help reduce errors.

The "Speak Up" program sponsored by the Joint Commission on Accreditation of Healthcare Organizations recommends:

1. Do not to be embarrassed when speaking to doctors or nurses if you do not understand what you are being told.

2. Do not be afraid to point out errors in your history or chart. For instance, speak up if a doctor writes an incorrect note or marks the wrong side of your body for surgery.

3. Do not hesitate to tell nurses if they are confusing you with the wrong patient.

4. Do not hesitate to insist that a health-care providers clean their hands before they touch you. Keep a bottle of hand sanitizer at your bedside to clean your hands after using the bathroom, touching doors or getting diagnostic tests.

5. Insist on reviewing your records periodically for mistakes and always obtain a copy of them at discharge for your primary care doctor to review, even when your treatment is minor.

Dear Florida Hospital Lawyer:

I read a lot about dangerous hospitals, infections and delays. How can I figure out which Florida hospital is the best for me?

Thanks,

Needing Answers in Tamarac

Dear Needing Answers:

Thank you for your email. I have brought claims against a number of hospitals across Florida for emergency room delays, misread CT scans, surgical errors, bed sores and medication errors. Just because a hospital makes a mistake with one patient does not mean it is a bad hospital.

Florida's Agency for Health Care Administration has a great website that provides valuable information regarding hospital performance, health outcome and pricing information. There is even limited information regarding inspections and deficiencies like this one regarding Miami's Mercy Hospital, Inc.

What the site does not show, but should, is the number of medical malpractice lawsuits, settlements and verdicts. In Florida, when hospitals pay out in malpractice cases, they invariably request a confidentiality agreement preventing the plaintiffs/claimants and their attorney from disclosing the terms or amount of the settlement. Until this information is made public, consumers, like yourself, will still be ill equipped to find Florida's safest hospital.

I hope this helps.

Respectfully,

Spencer Aronfeld

As a lawyer representing Florida's elderly in nursing home abuse cases, the number one concern I hear from the resident's family is that had they known more about the nursing home's track record for patient care they would have gone elsewhere.

Recently, The Official U.S. Government Site for Medicare has retooled its website to add a ratings system that is much more user friendly. The ratings consider health inspections, staffing and quality measures. Additionally, it allows users to compare nursing homes based upon location and other factors.

As Florida nursing home patient advocates, we strongly recommend that those considering which nursing home is best suited for a loved one, also consider consumer satisfaction surveys like those done by My Innerview.

Florida's Statutes Statute §400.022 details the rights of residents of nursing homes and provides the sanctions that can be applied to facilities that violate them.

In nearly twenty years of being a Florida car crash lawyer, I have seen hundreds of clients with severe back pain. Some of the treatments they have received range from ice packs to back surgery. Pain injections and pumps can provide relief but it is often short term. Surgeries have risks too, including infection or death. Yet, the most disturbing consequence I have witnessed is when narcotic pain medication like Oxycontin is prescribed and the client ends up addicted.

Juries have been less than understanding, perhaps based upon our Puritanical forefathers of car accident or slip and fall plaintiffs who allege back pain when there is no objective medical evidence. It is not universally understood that sophisticated imaging studies like MRIs and CT scans are not fool proof in the diagnosis of back pain. In fact, they often show abnormalities in asymptomatic patients.

Since there is no "best choice" for the treatment of back pain; we often recommend that our clients suffering chronic life altering pain and seem depressed also undergo emotional counseling with qualified mental health professionals. I believe there is a very real relationship between pain and depression that often goes undiagnosed and treated. I have seen miraculous recoveries with injured clients that just start a program of exercise and emotional therapy after a back injury.

Continue reading "Accident Back Pain Causes Depression" »

As an Avandia injury lawyer, I am astonished at the FDA's reluctance to shut Avandia down and sanction Glaxo. Last month Federal drug regulators conducted a hearing concluding that Avandia carried a higher risk of heart attack than its competitor drug Actos.

Of the 33 members of the committee none voted to continue marketing the drug or from removing the warning labels for stroke or heart attack. 3 said no change; 10 voted to severely restrict the drug's marketing and 12 voted to take it off the market. One abstained.

So what does the FDA do with this information? They order Glaxo to send some doctors a letter. The letter goes out without FDA approval and it fails to clearly discuss the findings of the committee. Moreover, the letter does not go out to all prescribing doctors nor to patients.

What is going on here? As a Miami drug injury lawyers committed to patient safety, I think that every prescribing doctor,pharmacist and patient should immediately be provided with a clear and easy to understand warning about Avandia from the FDA. The FDA can bill Glaxo for the cost of sending the letter. The idea is to let patients know about Avandia's dangers before it is too late.

Continue reading "Avandia Danger-Enough is Enough" »

As a Florida oil spill claims lawyer, I am wondering if Kenneth Feinberg is working for BP or for the claimants. So far I am very disappointed with Mr. Feinberg's proposed protocol for administering the fund for Oil Spill claimants.

His plan calls deductions for what shrimpers have earned so far cleaning up the spill from their final payout. This is another example of BP taking advantage of the desperation of those affected by their negligence the most. First BP tried and succeeded in paying shrimpers to help in the dangerous cleanup work. Now BP wants these folks to release potential claims against other subcontractors involved in the spill just because they had reached a some kind of deal with BP.

Those affected by the oil spill should seek legal counsel before making any decisions regarding their potential claims.

Since we sue Florida doctor's who make mistakes, our Miami medical malpractice law firm analyzes at least a dozen potential medical malpractice cases per week. The number one reason our clients come to us is to get answers--answers for a botched plastic surgery procedure --answers for when a loved one dies from medical neglect.

The Annals of Internal Medicine recently reported that full disclosure by physicians and hospitals with an open dialog and an apology may go a long way to discouraging patients or their families from filing a medical malpractice lawsuit. I applaud and encourage this process.

Instead, what I see time and time again are doctors who change or lose records or hospitals that turn a blind eye to grieving families. I encourage all hospitals to review these finding with the sincere hope patients get the answers they deserve, but so that others can learn from the mistakes to improve health-care for us all.

Continue reading "Hey Doctor: Want to Learn How Not to Get Sued For Medical Malpractice?" »

Our Florida car crash lawyers believe that Florida needs to immediately pass legislation immediately banning texting and emailing while driving. The death of celebrity plastic surgeon Ryan Frank allegedly occurred because he was driving while tweeting.

A proposed bill, commonly known as "Heather's Law," that sought a complete ban on cell phone use while driving died in committee in May 2009. This proposed bill was named for Heather Hurd, a Lakeland woman who was killed in a collision with a truck driver who was allegedly texting while behind the wheel.

Studies show that the danger of driving while texting or tweeting is eight times more than driving under the influence of alcohol. How does Florida permit this danger in light of the staggering evidence of the tragic consequences?

As a Florida brain injury lawyer, I was fascinated by a recent peer reviewed article in a neuropathology journal that links Lou Gehrig's Disease to concussions or other brain trauma.

The horrific disease known as amyotrophic lateral sclerosis, or ALS involves cells in the brain and spinal cord that control voluntary muscle movement. The recent revelations suggest that they may be caused by concussion like trauma, that erodes the central nervous system in similar ways.

Now accidents victims who have a suspected brain injury need caution in their diagnosis and treatment. Likewise, patients being diagnosed with ALS need to consider brain trauma. Currently there is no known cure for ALS.. Riluzole is a drug used for ALS patients and while it may prolong life, it does not reverse or stop the disease from getting worse.

Our Florida lawyers sue public schools on behalf of injured students; like the Omaha sophomore that suffered a broken jaw and other injuries when another student punched him.

Florida seems to be at the epicenter of student violence with several tragic cases having recently occurred. What can Florida's schools and students do to protect themselves? As a Miami children's injury lawyer and parent of two, I suggest that a first step would be the elimination of Sovereign Immunity.

Florida Statutes §768.28 is Florida's sovereign immunity statute. The statute insulates public schools from liability by placing a damage cap of $100,000.00 per person/$200,000.00 per incident. That means the most the school or school board would be liable or responsible to pay an injured student; is limited regardless of the damage. Moreover, §768.28(6) requires that before any lawsuit can be filed all claims have to be presented within three years after the date of incident.

Florida's schools should not be permitted to hide behind sovereign immunity, damage caps and a shortened statute of limitations. They should be required to be fully responsible for their conduct in light of their duty to not just educated our children but to protect them.

As a Florida car crash lawyer, I believe that it is imperative that the injured's lawyer personally attend the medical examination of their client in order to protect the process and integrity of the procedure.

Because If you are hurt in a Florida car wreck and file a lawsuit, you will almost certainly be subjected to a physical examination by the defendant's insurance company's doctor. This is usually referred to as an IME (Independent Medical Examination), although there is usually little or nothing independent about it.

Florida Rules of Civil Procedure Rule 1.360 allows these examinations and details the scope and procedure as to how the examination is to be conducted.

The most frequently over looked consideration is that the rule permits the presence of third parties. This means that whether the examination is physical or psychological, the plaintiff has the right to have his/her attorney attend all phases of the examination. They are some exceptions to this rule that are "case specific".

As a Florida lawyer who sues Walt Disney World, I was interested in seeing that WDW is facing a lawsuit seeking more than $200,000 in damages after a Pennsylvania woman claimed a person in a Donald Duck costume groped her breast two years ago. April Magolon claims that in May 2008 Donald Duck performed a "physically menacing act" by "grabbing her breasts and molested her".

The key to proving this case is obtaining the video surveillance of the incident, all of the employment records, hiring and screening protocols and training regarding physical contact with guests. The video will make or break Disney's defense, I await with great interest as this case progresses.

Nothing saddens me as a Miami wrongful death lawyer more than the needles death of a child. Last week, 2 year old Haley Brockington, died after being left in a daycare van for at least six hours, in 90 degree heat. It happened at Katie's Kids Learning Center, which has been voluntarily closed since. This is both a tragedy and a crime.

Florida Statute 316.6135 makes it a misdemeanor to leave a child 6 years of age or younger unattended in a vehicle for 15 minutes or any period of time if the vehicle is running. If as a result of abandoning the child, the child is injured its a felony.

Haley's family filed a civil wrongful death lawsuit. Some might say, too quickly, in light of the fact that the little girl was not yet buried. However, I applaud their attorney, who happens to be both my friend and classmate, for moving quickly to get both answers and prevent this from happening again.

An unknown number of children die each year due to being left alone in cars. Usually, it happens when something changes the routine of the driver/parent and they simply forget about the child. The National Highway Safety Administration has some safety tips to help prevent this from happening to you.

I believe that manufacturers have the technology now that would place sensors on the passenger seats, similar to airbag sensors to alert drivers that there are still children on board. Our condolences go out the the family and our strongest desire that this never happens again.

Continue reading "Forgotten Toddler Dies in Backseat of Van" »

As Florida class action prescription drug lawyers, we are pleased to see the FBI is hot on the trail of drug manufacturers who pay foreign doctors to run their drug trials abroad. Last month the FDA found that the diabetes drug Avandia's overseas trials revealed considerable risks for heart disease; but were not counted in the drug's overall test results.

In the US it is illegal for drug manufacturers to "pay" physicians to write prescriptions. Instead they persuade doctors with special presentations at conventions and high end steakhouses to prescribe drugs like Yaz or Yazmin. Foreign doctors often work for their governments. And if the FBI discovers that these doctors were paid to prescribe drugs or manipulate the results of trials; the manufacturers run the risk of violating the Foreign Corrupt Practices Act.

This is now the time for the FDA and Obama Administration to finally clean up the process for approving prescription drugs. Eliminating foreign trials until they can be varied and accurately reported, would be a start.

Continue reading "Dangerous Drug Companies: If You Cannot Beat Them-Bribe Them " »

As a Florida car crash law firm we represent hundreds of car crash victims every year. One of the most frequent "mistakes" I see claimants make, is where they treat for their injuries. Most rely on their attorney's recommendations, even when they have had long standing relationships with primary care doctors.

I am very involved with the selection of my clients' treating physicians and making sure they see the appropriate specialists for their injuries. However, I believe that not involving the injured's primary care physician can be a very big mistake for the clients well-being and for their case.

If you have been in Florida car wreck and you are pursuing a legal claim, I suggest you advise your primary care doctor and make sure the physician is working with your "accident attorneys" in a team approach. The team should exchange records and coordinate a treatment plan to maximize the patients recovery and prognosis.

As a cruise ship injury lawyer, we get calls from injured passengers or their attorneys from all over the world. Many of them find out the hard way that most passenger's cruise tickets provide for a one-year statute of limitations on personal injury claims against the cruise line.

This makes no sense. If you slip and fall stepping out of the taxi because the sidewalk is defective at the Port of Miami, you have four years to file suit. Walk 100 feet up the gangway of your cruise ship; and slip because of a dangerous condition and your statute of limitations drops to one year. Welcome Aboard.

What I typically hear from the out of state lawyers is that the cruise line dragged out settlement negotiations to the point that the statute was blown.

Congress took a giant step to protect cruise ship passengers when it passed the Cruise Vessel Security and Safety Act of 2010 last week. In it cruise lines now have to:

* Install peep holes in passenger staterooms;

* Maintain ship rails at least 42 inches high;

* Install video surveillance equipment for monitoring passenger safety;

* Install warning devices that can be heard throughout the ship;

* Initiate a process for reporting crimes;

The law goes into affect next year, so until then, I guess we are on our own. Hey President Obama, can you get the Statute of Limitations to be extended to four years?

Dear Spencer:

You are a Florida lawyer who sues pharmacies, right?

Last week I picked up my prescription from my local for drug store and when I got home I realized I had been given the wrong drugs, Can I sue them?

Thanks, Wrongly Medicated in Miami

Dear Wrongly Medicated:

Thank you for your email. Yes, I represent people injured by drug store errors. You should know that the FDA has said that there are 5 common medication errors:

* incomplete patient information (not knowing about patients' allergies, other medicines they are taking, previous diagnoses, and lab results, for example);
* unavailable drug information (such as lack of up-to-date warnings);
* miscommunication of drug orders, which can involve poor handwriting, confusion between drugs with similar names, misuse of zeroes and decimal points, confusion of metric and other dosing units, and inappropriate abbreviations;
* lack of appropriate labeling as a drug is prepared and repackaged into smaller units; and
* environmental factors, such as lighting, heat, noise, and interruptions, that can distract health professionals from their medical tasks.

I can assure you, you are not alone. The Institute of Medicine reports that there are around 1.5 million medication error injuries that happen every year, with at least 7,000 deaths.Thankfully, you realized the error before you took the medication.

I first recommend that you contact the FDA and report the error. You should call: (888) 463-6332. Also you should advise the pharmacy, in writing of the error.

Florida law applies a two year statute of limitations to pharmacy malpractice cases. That means you have two years to file a lawsuit from when you knew or should have known of the error and that the error has caused you harm. In your case, thankfully, you were not harmed by the mistake. Even in cases where the wrong medication was taken, it is sometimes difficult if not impossible to prove that the patient was harmed by the error.

Thank you for your email,

Spencer Aronfeld

I am a Florida Personal Injury Trial lawyer and I am embarrassed by my state's laws that deny injured gays and lesbians the kindness and caring of loved ones. Some Florida hospitals still bar partners from visitation or from making crucial health care decisions. And Florida law also fails to recognize a partner's right to just compensation as a survivor for loss of companionship or consortium. This is true even when the partners have been together for decades.

I have sued Miami's Jackson Memorial Hospital many times. Recently, JMH refused to allow a lesbian woman to visit her dying partner of 18 years. The couple had adopted four children together. While JMH refused to allow either the partner or their children to see the patient, she died, alone. The surviving partner sued JMH and the United States District Court for the Southern District of Florida dismissed the case. Click here to read the Court's opinion.

Florida Statute Section 741.212 makes it clear where Florida stands on same sex marriage: no. And Florida's barbaric Statute Section 63.042 prohibits homosexual adoption. As a father of two, I hope my kids will one day find it just as hard to believe that any law could deny the rights of LGBT Americans as they do now when I tell them about segregation or women's suffrage.

Continue reading "Gay or Lesbian? Don't Get Injured in Florida " »

As a Florida dangerous doctor lawyer, I have sued a lot of doctors who have hurt or killed my clients. Many of them were educated outside of the United States, some here and a very few are graduates of the most prestigious medical schools.

I agree with a recent study that found that the best chance in avoiding a negligent physician is by confirming that they are Board Certified by the American Board of Medical Specialties, rather than where they were born or educated.

A doctor can claim to be Board Certified and not be. That is because there are some "fringe" organizations that claim to certify physicians. Patients also need to know, being licenced to practice does not mean that the doctor has Board Certification. The ABMS has specific written and oral testing requirements to obtain Board Certification and NOT ALL specialties of medicine have recognized Board Certifications.

To confirm if your doctor is Board Certified call the ABMS: 866-275-2267.

As a Florida personal injury trial lawyer, I watched with great interest the confirmation of Elena Kagan to the U.S. Supreme Court. Is she going to be good for the interests of the injured victims of corporate negligence and greed? Or will she tow the conservative line that has allowed so many important freedoms to have been strangled out of our system of justice?

There are but few clues, since Justice Kagan did not have much of a track record as either a lawyer or a judge. She was a government lawyer and the first woman dean of Harvard Law School. Her lack of real world experience either helping or hurting people makes her hard to predict. The only glimpse of hope is that while at Harvard she prohibited the armed forces from recruiting on campus because of the military's anti open gay and lesbian ban violated the school's human rights policies.

Sadly, I am not very optimistic. First the lack of experience representing the injured speaks volumes to me. The time at Harvard Law School and as Solicitor General screams elitist, government, conservative. And finally, President Obama has not impressed me at all so far, and I cannot imagine that Elena Kagan will be much different.

As a Miami pharmaceutical products liability lawyer, I am happy to see that the FDA has scheduled a review of the diet drug Meridia. Meridia is manufactured by Abbott Laboratories and has already been withdrawn in Europe. For some reason the FDA wants to leave it available for us to consume for at least another month.

Another supposed diet wonder drug is Rimonabant, manufactured by Sanofi-Aventis. Our FDA declined to approve it in 2007, saying it increased the risk of suicide and depression. A recent article in the Lancet agreed, linking Rimonabant to "serious neuropsychiatric side effects".

Seems like the FDA is on a roll after deciding that Avandia should be either pulled or only given on a very restricted basis.

Prescription drug manufacturers better take note, its seems like the days of trying to put dangerous drugs on the US market may be numbered.

Continue reading "Hey FDA: Diet Drug Meridia Linked to Suicide" »

Miami Abogado Spencer Aronfeld y Abogados al Rescate tuvieron una clinica legal gratis para las personas sin hogar en Miami el 10 de augusto 2010.

El evento tomo lugar en Camillus House. Este grupo de abogados dieron ayuda legal y sirvieron comida para ayuda a communidad sin hogar.

Our Florida Accutane drug injury law firm is pleased that the American College of Gastroenterology released a study urging doctors diagnosing ulcerative colitis to consider if the patient has taken isotretinoin (Accutane). This study provides strong medical evidence for the causal connection between IBD and Accutane.

It has been nearly a decade since Accutane litigation began, and almost 20 years since the FDA first approved the drug for the treatment of severe acne. In 2009 after many lawsuits, Roche finally took Accutane off the market.

So far there have been five jury verdicts for victims of Accutane totaling more than $55 million dollars. However, earlier this week a New Jersey appeals court reversed a $10.5 million verdict against Roche claiming that the trial court prevented Roche from sharing valuable evidence with the jury.

While there have been suggestions that Accutane causes depression and suicide, it has been difficult to prove. IBD, ulcerative colitis and Crohn's disease are far more likely to be the result of taking Accutane due to the way the chemical isotretinoin reacts to the intestinal lining.

Common Accutane related symptoms are:

1. Abdominal cramping.
2. Diarrhea.
3. Rectal bleeding.

The symptoms are chronic and difficult to predict when they occur. If you are concerned about your well-being after having taken Accutane, consult with a competent gastroenterologist immediately.

Continue reading "Accutane Nightmare Continues" »

It seems like nothing is safe anymore, especially for our kids. As a Florida defective product lawyer, I have represented children injured on improperly inflated or installed bounce houses. Now California's Attorney General has sued a bounce house manufacturer alleging dangerous lead levels in the bounce house's vinyl. Test revealed the vinyl's lead level varied from 5,000 parts per million to 29,000, far above the federal limit of 90 to 300 parts per million.

So what are parents to do? According to the Centers for Disease Control and Prevention no amount of lead exposure is good for our children. The CDC has some specific suggestions on how to minimize your child's exposure to lead.

While this lawsuit may have a chilling effect on the "bounce house industry", I urge all parents to reconsider allowing your children to bounce in bounce houses until this issue can be resolved.

Continue reading "Danger Alert: Bounce Houses Contains Toxic Lead " »

I am a Florida car crash lawyer, but I need a lawyer. Truth be told, I need a couple of lawyers, and I need them now. My beautiful wife Dina and I created Lawyers to the Rescue, a not for profit that serves those humanitarian causes that only lawyers can help with and for free.

Last night, Lawyers to the Rescue members went to Miami's Camillus House to serve dinner and provide a free legal clinic. Camillus House provides humanitarian services to Miami's homeless.

We served over 250 meals. But we need help with the free legal clinic; since most of the legal needs of Miami's homeless were in areas of family law, criminal law and immigration. I know nothing about these things, as I am a specialist in Civil Trials. But I want to help, and I need, they need lawyers who are knowledgeable about those areas to join us for our next free legal clinic.

Look, you do not have to be a lawyer to come serve dinner. We had, I am pleased to tell you a wonderful time. I did not know being of service could be so much fun.

If you are interested in joining us contact Dina Aronfeld or check out Lawyers to the Rescue's calendar of events.

As Miami-Dade car and truck crash lawyers we find ourselves mediating more and more cases. Mediation is often the best way for the injured to get justice; since they can control to some extent the outcome of their case. Once cases get to a jury, no one can predict how any given judge/jury will react to a particular case. Usually, once a case gets to trial, it ends up costing the injured a lot of time and money.

Florida Statute Section 44 has specific rules as to how a mediation is to be conducted, and the confidentiality of the process.

The key to a successful mediation, is being prepared, open minded and have a real mediator that is eager to get the case resolve and not just bill the parties for his time.

Continue reading "How Does A Mediation Work or Not in a Florida Car Crash Case?" »

As a Florida hospital malpractice lawyer, I see a lot of our client's ER bills. It is frightening how much hospitals try to charge patients, especially the uninsured.

Florida Statute Section 395.1041, is clear: emergency rooms have to accept a patient whether they have insurance or not. The problem is that if you do not have insurance, you are going to receive a bill that can be ten times what they may charge health insurance, Medicaid or Medicare.

So the next time you find yourself in need of emergency room treatment consider the following:

1. Use your PIP insurance. If you are injured in a Florida car crash, even as a pedestrian or on a bicycle, provide the ER with your PIP insurance. No PIP, do not worry, the car that caused the accident's PIP will pay for your medical bills (up to $10,000.00).

2. You can negotiate your ER bills. Hospitals never expect to receive the full retail amount of an ER bill, so you should not even consider offering to pay it. Negotiate the bill down and demand a payment schedule.

3. Check your bill. Its no different than going to a restaurant and finding an extra salad on your check. Make sure that the bill is accurate.

4. Consider going to an urgent care center for minor emergencies like sprains, strains or broken finger. Click here to find an urgent care center near you.

5. Move quick. You will get a better reduction on your bill before it gets referred to a collections lawyer, who will want a percentage and may ruin your credit.

As a Miami personal injury lawyer, I have to say I am proud and excited that one of our local lawyers is the president of the American Bar Association. Now the question is what can Steve Zach do to make justice more accessible to those who need it most?

His first move in creating a Commission on Hispanic Legal Rights is a baby step in the right direction. Most of the folks I have represented in my career, do not speak, read or write English. Most were not born or raised in the United States. Their injury is usually the first and only experience they will ever have with the US justice system. But our justice system's is much more "user" friendly for Hispanics than when I first started practicing law twenty years ago. Today, more of the judges, jurors and witnesses are more likely to speak Spanish too.

The greater challenge I see is when the injured are deported before trial. So Mr. Zack I urge you to create safeguard for the 11 million illegal immigrants currently living in the U.S.. If you need another Miami lawyer to help your Commission, I am available to serve.

As a Florida Chinese Drywall lawfirm, we feel bad for CDW's latest victim: Todd Walker. According to the Miami Herald, Walker worked for South Kendall Construction until it went bankrupt. South Kendall supplied Chinese Drywall to many homes in South Florida. The class-action suit excluded South Kendall's employees. Sadly, Mr. Walker's own home was built with the toxic drywall too.

Miami Judge Farina, ruled that even though Walker was let go before South Kendall went bankrupt, he was excluded from participating in the class. No one has decided whether or not Mr. Walker knew he was distributing the toxic drywall, but common sense would suggest that, he did not by virtue of the fact that his own home was built with the defective drywall.

As a Florida Chinese Drywall attorney, I am sure many of the families that have suffered the loss of their homes, property and have health issues, may not have sympathy for Mr. Walker, but i do. He lost his job, house and an opportunity to participate in the local class action.

Continue reading "Chinese Drywall's Latest Victim" »

Victimas de un accidente de auto pueden tener derecho a ser recompensados por dolor y sufrimiento, invalidez, inconveniencia y por supuesto, por gastos médicos e ingresos perdidos.

Yo soy un abogado de Miami calificado y puedo ayudarle a obtener lo que usted se merece. Nosotros hemos estado ayudando a victimas de accidentes en la Florida por años y podemos ayudarle a recuperar sus perdidas.

Le asistiremos en cada paso incluyendo asesorarle a usted o un ser querido sobre los beneficios a los que usted podría tener derecho como consecuencia de la negligencia de otro.

As a Florida school bus injury attorney, I was saddened to read in today's Miami Herald of yet another tragic school bus crash. School buses arguably transport the most precious members of our communities, yet, these vehicles have virtually none of the modern safety devices required in cars. Why?

One reason may be that the NHTSA recommended in a report to Congress that costs and drawbacks of requiring seat belts in school buses outweigh any benefit wearing belts might have. That is just insane. In fact, by not requiring school buses to have seat-belts we are teaching our children that seat-belts are really not necessary.

I believe school buses should be required to have the the following:

1. Seat-belts with both shoulder and lap harnesses
2. Booster Seats
3. Airbags
4. Crash worthiness commensurate with any other passenger vehicle

At Aronfeld Trial Lawyers we are passionate about the safety of children and believe no child should ever be injured again because the "costs outweigh the value of safety".

As a Florida pain medication abuse lawyer, suing doctors who prescribe prescription narcotics has become increasingly common. Three years after the death of Anna Nicole Smith, the trial against her boyfriend/lawyer and two doctors is underway in California. The charges are NOT that they killed her, but recklessly provided prescription medications.

Patients and their families, should be aware of the consequences of taking prescription drugs not prescribed for them or taking them for reasons or dosages other than as prescribed. Oxycontin is a commonly abused pain medication that has caused many to be dependent and addicted.

According to the National Survey on Drug Use and Health, over 15 million Americans 12 years and older have taken some prescription pain reliever for a non-medical propose within the last year.

Doctors who turn a blind eye to the misuse of prescription pain medications should be following the Anna Nicole Smith trial with great interest; as now they may face more than just civil liability. Florida's Controlled Substance Statute §893 makes it felony to inappropriately sell, manufacture, deliver, or possess a controlled substance. I am glad to see that finally doctors may face the same consequences as anyone else.

In the meantime, if you suspect that a loved one is wrongfully addicted to prescription medication click here to find a substance abuse treatment facility near you.

Nothing saddens me more as a Miami car crash lawyer, than cases involving injured children in improperly installed child safety seats. I am not talking about parents that recklessly drive around with their children without kids seats, but those who take the time and effort to actually purchase and install child safety seats, and do it wrong.

The National Highway Traffic Safety Administration estimates that 3 out of 4 seats are not used correctly. Fortunately, you can take your child safety seat to a Certified Technician who will install the seat for you. Se Habla Espanol too. LOCATE AN INSPECTOR near you.

Here are four easy steps to protect children:

1. Infant: safety seat must be rear facing.
2. Toddler: safety seat must face forward.
3. 4-8 years old: booster seat should be used.
4. 8 years old and up: always, always wear a seat-belt.

As a Miami slip and fall attorney, I find this fact pretty hard to believe: if you slip and fall at the Seminole Hard Rock Casino parking lot or in a bathroom, you cannot sue them when your fall is due to their negligence. What?

True. It is called sovereign immunity protection. Sovereign immunity, is an outdated legal concept to protect the sovereign or King against loss of assets held in common for many people. The problem is that Indian owned business like the Seminole Hard Rock Casino is a commercial business enterprise, not a government entity. It is just plain wrong to allow a business that has hotel rooms, slot machines and swimming pools to escape responsibility based upon this outdated law.

Click here to read the exclusive claim procedure for the Seminole Hard Rock.

As a Florida med mal lawyer I very worried about anyone currently admitted to a Florida hospital or nursing home. Because of the nearly 300 hospitals and 671 nursing homes, no one is inspecting food preparations due to budget-cuts. See HB 5311.

At least the Department of Children & Families is temporarily taking over the inspection of day-care centers, which were also part of the cuts.

Patients with compromised immune systems are the most vulnerable for food-borne illnesses. I know you are busy running for US Senate, Charlie, but I need you to take a minute and fix this problem now.

I think you could immediately do the following:

1. Tax every hospital $1000.00.
2. Tax every nursing home $1000.00
3. Take that nearly $1,000,000.00 and open an office in every county with a full time, inspector.
4. Inspect every facility within the next 30 days. For every failure, fine the offending facility $1,000.00 a day till the problem is fixed.

Hey Charlie, problem solved and you probably save a few lives in time for November's election. I'll make sure they know this was your idea and that you should get their vote. Do this, and at least you will have my vote. One more thing, take all the extra money your plan will make the State and pay our teachers more.

On of my proudest moments as a Florida lawyer was when I opened the latest issue of the Florida Bar News and read the cover story on Lawyers to the Rescue's Habitat for Humanity Project. I have seen the reputation of lawyers in our community go from bad to just plain evil. This year, for some reason has been the worst. Thank God, Madoff is not a lawyer, or BP's soon to be gone CEO. But there are a lot of really good people out there who happen to practice law for a living.

Lawyers to the Rescue is doing all it can to change the impression people have of lawyers while at the same time making our world a little nicer place to live in.

You do not have to be a lawyer to join Lawyers to the Rescue, but you do have to want to serve those in need. We are currently accepting submissions for the Lawyer of the Month for August 2009. If you have a nominee in mind, please let Dina Aronfeld know.

As a Coral Gables PI lawyer, I must get asked this question at least ten times a day. And the answer is always the same: "I do not know". And that is a good thing. It is not because I am a bad lawyer. It is not because I am inexperienced. It is because, no one really knows what a jury is going to do with any given set of facts in any given trial.

So we base our answers in terms of estimates. Estimates based on the amount of available insurance coverage or asset, the severity of the injury, the severity of the conduct of the defendant and the like-ability and believability of the claimants.

I always tell my clients that a jury will be more likely to like them if they are like-able people to begin with. Convicted felons, dead beat dads, tax evaders, usually do not get the full value of their cases, either by jury or settlement.

Be wary of any lawyer that claims to know what your case is worth, without having actually met you and thoroughly reviewed the facts of your case. And of course, no matter how good the lawyer on either side may be, no one will ever really know how much a case is worth until the verdict is read.

As a Florida stroke injury lawyer, I was astonished to read a recent New York Times article that found that a number of hospitals around the country were over radiating stroke patients.

The telltale signs of over radiation is a bizarre hair loss pattern, that resemble the CT machine. But more important than the hair loss is the risk for brain cancer.

Where is the problem? Having sued Florida's hospitals for nearly twenty years, on behalf of injured patients, I bet the problem is a combination of poorly trained and supervised employees and defective equipment.

What needs to be done now by every hospital in the country immediately:

• Audit their policies and procedures.
• Retest their staff and confirm they understand proper dosage.
• Insist that all manufacturers calibrate all CT scanners.
• Notify all patients they suspect may have been over radiated.
• Immediately provide any over radiated patients medical care.

I am also concerned that, this epidemic, may have a chilling effect on some hospitals or ER doctors when ordering CT scans that might provide lifesaving diagnostic information for stroke victims.

If you have recently had a CT brain scan and have noted hair loss, memory loss, vision changes, or strange welts or blemishes, contact your physician immediately.