Florida Injury Lawyer Blog

As a Florida car wreck attorney I know that many laws are designed to prevent people from obtaining justice for their injuries. For instance, Florida Statute §627 prevents those injured in Florida car, truck, bicycle or pedestrian accidents from recovering for injuries caused by another unless those injuries result in:

Significant and permanent loss of an important bodily function.
Permanent injury within a reasonable degree of medical probability.
Significant and permanent scarring or disfigurement.
Death.

This means that one could be injured in a car accident, through no fault of their own, end up with time in the hospital or doctors' offices with pain, and not be able to obtain any compensation for their pain and suffering unless it falls withing those specific categories. Often, this is a surprise to our car accident clients and is one of the most hotly-contested issues in motor vehicle litigation in Florida.

Moreover, this law is hidden in the insurance section of the Florida Statutes. It is nowhere to be found in either the Motor Vehicle or Torts sections.

While our Miami car accident law firm hopes that if you are involved in a car accident that you are not injured, we urge you to seek the appropriate medical care immediately and follow up with your health care providers' recommendations. We also recommend that you document all of your physical complaints as the defense will surely try to prove that your injury does not fall within the limited definitions of Florida Law.

Our Florida dangerous drug law firm represents victims of defective medications like Ortho Evra. Ortho Evra is a birth control patch that came onto the market in 2002. Patient reports between 2002 and 2004 show that Ortho Evra was 12 times more likely to cause strokes and 18 times more likely to cause blood clots than the conventional birth control pill according to NBC News.

There have already been some considerable changes to the drug's label in light of an epidemiology study that found that users of the birth control patch were at higher risk of developing serious blood clots, also known as venous thromboembolism (VTE), than women using birth control pills.

As a Miami Ortho Evra injury lawyer if you are currently using Ortho Evra, we recommend that you immediately consult with your prescribing physician and consider changing to a safer birth control drug or method.

As a Florida dangerous product lawyer, I watch closely how Florida's Courts rule on case involving the dangerous instrumentality doctrine. As ATVs continue to get bigger and faster ATV-related deaths and injuries have increased substantially in every age group. Injury rates for children younger than 6 have risen more than 200%. Florida's dangerous instrumentality doctrine imposes a strict liability upon owners of motor vehicles when the owner allows another to operate the vehicle that results in an injury to another. In other words, when a car owner lends his car to someone else and that person causes an accident, the owner is liable as though he/she were behind the wheel.

Recently, Florida's 4Th District Court of Appeal was asked to decide if an ATV falls under the dangerous instrumentality law. The Court found that ATVs, like cars and golf carts are "motor vehicles." In addition golf carts they are extensively regulated by statute and that there is record evidence of accidents caused by the use of golf carts. What apparently missing in this case was evidence of ATVs causing extensive and severe accidents. So rather than ruling against the case, the appellate court sent the case back to the trial court to obtain more evidence in the record.

As a Miami ATV accident lawyer, we hope that the court will extend the dangerous instrumentality doctrine to ATVs so that those injured can receive adequate compensation for injuries.

In nearly twenty years of serving as a Florida attorney who sues hospitals for neglect, I have never experienced the kind of reaction to a case as I have of the unwanted circumcision of Baby Mario Viera. I have received emails, tweets and Face Book messages asking my advice on how parents can avoid having their new born baby accidentally circumcised while in the hospital.

Here are five ways that I suggest as a Miami trial lawyer and I hope that not only parents will consider them, but hospitals as well:

1. Tell your doctor and nurses in writing before the baby is born that you do not want your child circumcised. Have this conversation in your prenatal exams as well.

2. Insist that your instructions not to circumcise your child are included in the chart.

3. Avoid leaving your baby unattended even for a few minutes. If you must, put a sign on the incubator or crib that says "DO NOT CIRCUMCISE".

4. Write across the baby's abdomen "DO NOT CIRCUMCISE" with a Sharpie.

As a Florida hospital mistake lawyer, representing injured patients is never easy. Mistakes happen every day, but little is ever done to make sure it does not happen again. The mother of Mario Viera, a little boy circumcised without his parents' consent wants to make sure that no other child is circumcised again under duress or by mistake. She wants a law passed that would prohibit any hospital from routinely circumcising newborns without a compelling medical or religious reason. We support Ms. Delgado, Baby Mario and the rights of parents to make the choice as to what is best for their children.

Mario Viera fue circumcidado sin el consentimiento de sus padres y quisieramos evitar que esto le suceda a otros ninos. La Madre del nino, Vera Delgado y su Abogado de Malpractica Medica en Miami proponen una nueva ley en la cual los hospitales no tendran la opcion de hacer la circumcicion. Los padres son los unicos que podran tomar la decision despues de salir del hospital y debe ser por una razon religiosa o medica.

As a Florida medical malpractice lawyer, I have represented a number of clients who have had botched circumcisions. The case of Mario Viera is different in that this circumcision appears to have been performed correctly, but it was done against the parents' wishes, without consent.

Today, the mother took a step in making sure this does not happen to anyone else by filing a lawsuit against South Miami Hospital and the doctor who performed the unwanted surgery. Many people have contacted us in support of the case and see this as much more than just a "mix up of papers" as South Miami Hospital would like us to believe.

This case brings to light the concept of why Americans routinely circumcise their newborn boys in the absence of a compelling medical or religious reason. The procedure is irreversible and this baby will have to live with the consequences of it for the rest of his life. As Miami lawyers, we are proud to represent this family and hope that this lawsuit will prevent this from ever happening to another child.

Our Florida law firm sues hospitals for mistakes on behalf of injured patients all the time; but the case of Mario Viera who is just four weeks old is very unusual. When he was born, his parents told the doctors at South Miami Hospital several times that they did not want Mario circumcised. Somehow, the doctors claim, they got the consent forms mixed up and took Baby Mario out of the NICU and circumcised him without the parents knowledge or consent violating Florida Medical Consent Statute 766.103.

Some question why this is objectionable. After all many people are circumcised everyday in this country without any objection from the parents. As a Miami medical malpractice lawyer, I disagree and on Monday we will file a multi-million dollar lawsuit against the hospital and doctors who performed the irreversible amputation of this helpless baby's functioning tissue. We take the position that the procedure constitutes more than just medical malpractice, it is a battery and a human rights violation with lifelong consequences.

Continue reading "In Florida Who Has the Right to Consent to a Circumcision?" »

As a Miami Dade County car crash attorney, I see a lot of people injured from traffic accidents. I am sure that everyone knows that seat belts are designed to save lives. What people are often surprised to learn, is that failure to use an operational seat-belt may end up costing a person the ability to obtain compensation in a car accident.

Florida Statutes §316.614 makes it unlawful to drive in Florida unless each passenger under 18 years old and the driver are restrained by a safety belt or by a child restraint device. This is true of front seat passengers too, regardless of age.

Many people are surprised to learn that if they are in an accident caused by an-other's carelessness, they may not receive compensation for their injuries if they failed to use a seat-belt. This is commonly referred to as the seat-belt defense. Florida law allows for application of the seat belt defense, which could reduce a plaintiff's damages a "comparative negligence" or a "failure to mitigate damages" theory.

Our Florida car wreck law-firm advises drivers and passengers to buckle up, not just to save your life, but to save your case if you are injured through no fault of your own.

As a Miami injured patient attorney, I have seen the effect that Florida's laws have on the rights of victims of medical malpractice and their families.

Finally a judge in Escambia County got it right in a case where a cardiac patient in need of a catheterization consented to a procedure to be performed by his doctor. The problem was, another doctor performed the procedure, without obtaining a consent. The ruling is a huge victory for this patient and for many others affected by Florida Medical Consent Law. The Court found that the complete absence of a consent to a procedure does not fall under Florida's doctor friendly Medical Malpractice law, but, rather is a battery thereby, eliminating the requirement of expert affidavits and opinions.

The Court further ruled that the hospital is also on the hook for the doctor who preforms a procedure without a consent. This is a startling good ruling for patients who are often denied the "deep pockets" of hospitals who evade liability for their doctors claiming that they are independent contractors, even when the hospital gives the doctor staff privileges.

I applaud the opinion and urge anyone considering under going a medical procedure in Florida to carefully read the consent forms. If you have undergoing a procedure without having given consent, you may be a victim of not only medical malpractice, but battery as well.

Continue reading "Safety Tip for Florida Patients" »

As a Florida consumer fraud lawyer, I am seeing more cases of for-profit college scams. The economy is partly to blame since many people out of work are turning to education as a means to improve their employment opportunities. And where there is a need, there are always people to take advantage of it.

Schools are popping up everywhere around Miami, and some of them offer legitimate, convenient and quick college educations like Miami's Everest Institute. However, a number of recent McColleges set up shop on the Internet in the form of an "on line college;" promising a better life. Sadly, many students who enroll in these diploma mills end up burdened with huge debt, no job and a degree from an uncredited college.

And where is our government to protect us from this? Not surprisingly, the Bush Administration made it easier than ever for profit colleges to open their doors with little regulation.

What can Florida's would-be students do to protect themselves? They can start by doing some homework on the Florida Department of Education's website:

1. Licensed. Verify that the school has a valid license to operate.

2. Accreditation. Accreditation means that the school has been evaluated by a group of educators. Florida does not require that a school be accredited.

3. Graduate Success. Research recent graduates' ability to repay loans by visiting the U.S. Department of Education's web site.

4. Read the catalog and make sure you understand the school's refund policy.

5. Do not be pressured by recruiters and do not sign any contracts until you fully understand the terms.

Those who feel defrauded by their for-profit colleges should seek immediate legal advice from a competent Miami consumer fraud lawyer.

As a Florida botched plastic surgery lawyer, I have seen first hand the results of cosmetic surgeries gone wrong. I think that hard economic times are forcing more and more Americans living with small breasts, sagging eyelids and paunchy stomachs to learn to live with their perceived flaws rather than turning to plastic surgery. Those that cannot, often search for "deals" or "clinics" in hopes of a quick fix. Some clinics operating around South Florida are not licensed, sterile or properly equipped in the event of a perioperative emergency.

Here are my recommendations if you are considering having plastic surgery in Florida with the hopes that you can avoid being a victim:

1. Verify that your doctor is licensed and has malpractice insurance. The Florida Department of Health has a quick link to verify your doctor's credentials and coverage.

2. Verify that your doctor is Board Certified by the AMERICAN BOARD OF PLASTIC SURGERY.

3. Get a second and third opinion.

4. Get preoperative clearance from your own doctor or one that is independent from the surgeon.

5. Verify that the surgeon has staff privileges at a nearby hospital.

Taking chances on plastic surgery can cost you more than your looks. Take the time to educate yourself before you put your life in some-body's hands.

Como abogado de malapractica medica en Miami, me preguntan muy amenudo que es la parte mas dificil de un caso. Yo pienso que lo mas dificil es encontrar un experto medico que testifique contra otro medico. Muchos expertos medicos tienen miedo o estan influenciados por sus hospitals, companias de seguro or asociaciones medicas.

La seccion 766.102 de los Estatutos de la Florida requiren que todo los casos de malapractica medica sean revisados y certificados por un experto medico. El Estatuto 766.102 delinea requisitos muy especificos sobre quien, cuando y como los expertos pueden testificar.

El experto tiene que estar licenciado y si el medico acusado es especialista el experto tiene que tener la misma especialidad que el medico accusado y haber ejercido medicina en los tres anos antes del dia de la malapractica.

El Estatuto impone un gran cargo sobre los pacientes lesionados y sus abogados para encontrar doctors calificados que esten dispuestos a testificar, poniendolo muy dificil que los pacientes lesionados obtengan justicia en la Florida.

As a Florida lawyer who represents misdiagnosed cancer victims, I was saddened to learn that Michael Douglas has Stage Four cancer. Is he the victim of medical malpractice? His wife, actress Catherine Zeta-Jones seems to think so. According to People Magazine she is fuming at doctors for not diagnosing it months ago.

In our Miami law office, we often hear from angry patients and their families when faced with unexpected news about their health or surgical outcomes. In determining whether Mr. Douglas's cancer was negligently missed, a competent medical malpractice lawyer will have to analyze his medical records, diagnostic films and pathology slides in conjunction with expert consultants in oncology, radiology and internal medicine.

Sadly, in many cases, even when there is a clear "missed cancer", there is no link to the ultimate outcome or prognosis. In other words, to win a failure to diagnose cancer case, one must prove not only that the cancer was unreasonably missed, but that had it been caught there would have been a different outcome for the patient.

Defendant doctors often successfully argue that In some kinds of cancer, there is no cure even when they are caught in time. Our lawyers extend our prayers to Mr. Douglas and his family for a speedy recovery.