Florida Injury Lawyer Blog

Representar a una persona lesionada es difícil, especialmente, cuando el acusado, es un Hospital, Iglesia o Celebridad Deportiva Reconocida. Sin Embargo, la obligación que tienen nuestros abogados de todo tipo de accidentes en la Florida es con nuestros clientes, no importando cuales sean las consecuencias aun posea simpatia o no por el caso. Nunca he representado a un acusado en casos criminales o penales , pero siento que he desarrollado una visión particular en cuanto a un abogado penalista o criminalista debe experimentar cuando tienen que representar a un desagradable acusado.

Sea usted o no sea una celebridad, El Estado de la Florida posee leyes específicas en cuanto a las obligaciones y responsabilidades del conductor de cualquier vehículo involucrado en un accidente automovilístico que resulte en muerte y lesiones a las personas involucradas o daños al vehículo.

Desgraciadamente, el único medio disponible para comprender cuan complejo un accidente vehicular puede ser, requiere a menudo el uso de "Una Citación" a las partes involucradas para obtener información adicional al respecto. Los testigos están obligados a comparecer y declarar bajo juramento. Registros médicos y toxologicos, e inspección de los vehículos involucrados en el accidente, a menudo solo se pueden obtener una vez que haya contratado a un abogado para investigar y descubrir la verdad de los hechos ocurridos.

Al final de cuentas, la esperanza que prevalece es encontrar respuestas, para aquellos casos en el cual el responsable o causante de los daños asuma su responsabilidad debido a su negligencia.

Our Zoloft Injury law firm is investigating law suit against the manufacturer of the medication, Zoloft, for causing birth defects.

When we learned that Zoloft has been linked to children who have suffered birth defects as a result of their mothers having been prescribed and taken the medication. Zoloft is a selective serotonin re-uptake inhibitor or an SSRI typically prescribed for depression, anxiety disorders and some personality disorders.

The FDA released a public health warning in 2006 advising patients who take Zoloft about the increased risk of birth defects which include: heart and lung defects, club foot, undescended Testes, spina bifida and others. Read the warning here.

Our Florida defective pharmaceutical drug attorneys are currently accepting inquiries and investigating claims on behalf of injured children whose mothers were prescribed and took Zoloft. Clinical studies have also shown that Zoloft has also been associated with suicide in a small number of children, teenagers, and young adults who took Zoloft.

Our Miami injury law firm focuses on assisting the victims of cruise ship injuries, car accidents and medical malpractice, we also devote a substantial amount of effort to assist those injured by dangerous and defective medications.

Como abogado que representa victimas de cirugias plasticas en la Florida, estoy de acuerdo con las nuevas recomendaciones de la FDA con relacion a mujeres con implantes de gel de silicona en los senos , Asi mismo recomiendo que realicen lo siguiente:

• Seguimiento: Seguimiento anual de rutina con sus proveedores o medicos primarios. Esto incluye exámenes de IRM de rutina para detectar rupturas de la que no está consciente (ruptura silenciosa)

• Esté alerta: Los implantes mamarios no son dispositivos para toda la vida. Cuanto más tiempo usted tenga los implantes, mayor es la posibilidad que presente complicaciones. Una de cada 5 pacientes que possen implantes de senos ( aumento de senos) los mismos deberán ser removidos dentro de los 10 años. Una de cada 2 pacientes con implantes de senos ( reconstrucción mamaria) deberá removerse los implantes después de 10 años.

• Esté atenta a los cambios: Usted debe notificar a su proveedor de cuidado de la salud si es que ha desarrollado algún síntoma o signo inusual. Reporte cualquier efecto secundario al fabricante de implantes mamarios y a Medwatch, el programa de información de seguridad y reporte de efectos adversos de la FDA. Usted puede informar sobre esto en www.fda.gov/Safety/MedWatch/default.htm o llamando al 800-332-1088.

• Manténgase en contacto: Si usted ha participado en algun estudio patrocinado por el fabricante, debe continuar participando. Estos estudios son la mejor forma de recolectar información sobre las tasas de complicaciones a largo plazo.

Representing the injured is difficult when the potential defendant is a beloved hospital, church or sports celebrity. However, the obligation that I believe our Florida injury law firm has is to our clients, no matter what the consequences might be to my own likeability. I have never represented an accused in a criminal matter, but I feel I have earned a particular insight as to what criminal defense lawyers must experience when they represent an unsavory defendant.

Whether or not you are a celebrity, Florida has some very specific laws as to the obligations of the driver of any vehicle involved in a crash that results in an injury or death, or damage to any vehicle.

Unfortunately, the only means available to understand how a complex car accident occurs often requires the use of subpoena power to obtain information. Witnesses are compelled to appear for depositions and to testify under oath. Medical and toxicology records and inspections of the cars involved in the accidents often can only be obtained once lawyers are retained to investigate and discover the truth. In the end, one hopes to find the answers and hold those responsible for causing damage to others accountable for their negligence.

Our cruise ship injury law firm knows that this summer thousands of lucky families will enjoy their family vacations on board one of the many cruises departing from Florida. Husbands and wives wanting a little alone time will be tempted to drop the kids off at one of the "kids clubs." As the parents head off to couples massages or the night club, they should keep in mind that the number one crime that occurs on cruise ships is sexual assaults.

The cruise industry spends millions to lure families on board, with teen lounges, water slides and ice skating rinks. The problem is that alcohol flows freely on cruise ships. Charles Lipcon's book "Unsafe on the High-Seas" reports that in July 2004 a thirteen-year-old girl and her twelve-year-old friend were sexually assaulted on a Carnival Cruise ship by their cabin steward.

There are additional reports of minor children being served alcohol by crew members. One sad case involves a fifteen-year-old girl who was served ten drinks. She became violently ill and fell overboard, never to be found again.

As a Florida cruise ship injury lawyer I recommend the following to keep you and your family safe on the next cruise:

1. Do not put your guard down. A cruise ship is like a foreign city. People from all over the world are on board, with lots of dark and scary places to hide. Add alcohol and an inadequate security force to the mix and you have potential danger.

2. Keep Your Kids in Check. Insist on walkie-talkies and impose curfews. Be available if needed and check on them every 2-3 hours to make sure they are where they are supposed to be. Personally deliver them to the kids camp and pick them up. Do not allow them to wander alone.

3. Lock Your Cabin and Balcony Doors. You would not leave your apartment unlocked in a big city. Do not do it here.

4. Have a Buddy System. Do not wander the ship alone, especially at odd hours, especially for women or the elderly.

5. Do not accept drinks from strangers. Insist on an unopened bottle or can and pour it yourself.

6. Find out how and where you can contact ships security. If you are uncomfortable about a crew member or other passenger, notify security BEFORE it is too late.

I am a Florida medical malpractice lawyer and yes, I sue doctors for a living. Like the saying goes "some of my best friends are....doctors." Two of my friends have actually continued on from medical school to become incredible lawyers. For the most part, when I meet doctors, be it in line at the movies, next to me on a plane or in the court room, their skin crawls when they learn that I am a lawyer.

So after twenty years of suing doctors and hospitals for making a wrong diagnosis, or botching a surgery, what can I tell them about how best to keep me or other medical malpractice lawyers from knocking on their doors?

1. Slow down and listen. It might be easier said than done, but most doctors see an inordinate number of patients, rushing from room to room, crisscrossing cities and hospitals. Not being in such a hurry could and should assist them in avoiding a lot of needless mistakes.

2. Admit you do not know something. I do not know if it's ego, but more good doctors make bad mistakes when a problem spirals out of their areas of expertise or comfort. I see this mistake particularly in post-op infection and wound-care cases. Someone may be a great surgeon, but maylack the skills to treat a complex infection. Call in a consult.

3. Get Technical. Utilize the latest technology in scheduling, scanning and follow ups. I am amazed how many doctors I sue who have no records of how many patients they see on a given day, how many surgeries they performed or how a patient's medications are charted.

4. Spend the Money on Your Patients. I have sued hospitals that claim to not have resources to properly staff floors or emergency rooms, but spend millions on sponsoring tennis tournaments and black-tie balls.

5. Get Malpractice Insurance. More and more Florida doctors are "going bare" with the hope that it will discourage patients from filing and collecting claims. Moreover, Florida Statute §458.320 allows doctors to practice without medical malpractice insurance provided that they have a letter of credit in the amount of $250,000 per claim.

Sadly, I acknowledge that it has had a chilling affect on the ability to represent injured patients when lawyers are concerned that they will ever be able to collect. I fear that the lack of medical malpractice insurance has actually given doctors a false sense of security that lackadaisical and negligent care will go on checked because no "lawyer will take it on" I urge all medical doctors to be insured for malpractice not to encourage claims but to satisfy an injury that can happen due to the fact that doctors are, after all, human beings like anybody else.

Continue reading "This One if for you Doc: 5 Ways Not to Get Sued for Malpractice" »

As a Florida injury attorney I was proud of New York State for legalizing gay marriage. Sadly, Florida seems unable to stop its discriminatory and hateful law that fails to not only recognize same sex-marriage in Florida but goes on to not recognize lawful marriage performed and deemed legal in a state or country that has legalized it. Florida Statute Section 741.212 seems to say that Florida knows best that a marriage can only be between one man and one woman. In essence, Florida has a superior legal right to disregard the laws of other states and countries on this issue. This is offensive, nonsensical and in my opinion unconstitutional.

If a corporation is valid in Delaware, Florida law respects it. If an adoption is valid in Arizona, Florida will recognize it. If a marriage is valid in New York, Florida law says it is illegal here. Ever wonder why?

I think it is just too easy to blame this evil perspective on those with strong religious beliefs. Our Miami medical negligence law firm believes this is a calculated effort by those in true power to prevent the compensation of the injured. If same-sex marriage were legal in Florida then every spouse of an injured victim would be able to make a claim for loss of consortium, services and society. (Florida's consortium law recognizes the spouse of an injured person to be compensated). Imagine the millions of dollars that the insurance industry saves each year by hiding behind anti-gay marriage legislation and depriving compensation to the truly injured spouses in what would and should be a recognized marriage.

Furthermore, imagine the effect on taxes, immigration and social security if payments and benefits were afforded to spouses in same-sex marriage. I find it hypocritical that those who are so pro-marriage would deny it to anyone who is willing to commit themselves to another regardless of gender.

Continue reading "Why Florida's Insurance Companies Hate Gay Marriage" »