As a Coral Gables hospital mistake lawyer, I am confused by President Obama's decision to remove the National Practitioner Data Bank (NPDB) from the web. The NPDB provided the public with various information about doctors, disciplinary actions and malpractice verdicts in general. Patients, lawyers and journalists have used the data bank to obtain information about doctors and trends in medical malpractice.
The NPDB has valuable information and reports. For example, it shows that, as of April 2011, Florida has received 126 medical malpractice reports against nurse midwives and 132 medical malpractice reports against nurse anesthetists. Unfortunately, the information is only available to hospitals, health care providers, State and Federal health care agencies, and quality improvement organizations. Patients and their attorneys are only eligible to receive certain information under very limited circumstances.
In response to a complaint lodged by a neurosurgeon, the Health Resources and Services Administration, which is an agency of the Department of Health and Human Resources removed public access to the data bank on September 1, 2011.
The Kansas City Star recently reported that many doctors with extensive history of malpractice often go undisciplined. The Star reviewed thousands of records and found that 21 doctors practicing in Kansas and Missouri had at least 10 malpractice payments but never received any discipline by the state health agency.
Our Florida injured patient law firm believes that it is important to provide the public access to transparent information regarding both doctor and hospital conduct to ensure responsibility and keep the public focused on fundamental issues of patient safety. By blocking the public's access to crucial information President Obama and the Department of Health and Human Resources will allow doctors and hospitals to continue to quietly make mistakes that harm and sometimes result in the wrongful death of a patient without public accountability.
Acabo de tener un accidente de carro y aún no he ido al médico. Qué clase de medico debería ver, después de haber tenido el accidente de carro, el cual sea de ayuda para mi caso?
Le agradezco su correo electrónico y le quiero hacer saber, la suerte que ha tenido, de tener la opción de escoger a su médico. Muchas personas que se han encontrado envueltas en accidentes automovilísticos en la Florida, son llevadas a hospitales, los cuales no toman las medidas necesarias o no tienen el control de quienes ven o atienden. Me preocupa que me haya preguntado, que tipo de medico debería ver que ayudara en su caso y no su propia salud y/o bienestar. Espero no haber malinterpretado su correo electrónico, pero yo le aconsejaría a usted o a cualquier otra persona que se haya encontrado envuelto en un accidente automovilístico, de optar por mantener el mejor interés de su salud y bienestar y no el médico que le pueda ayudar o perjudicar a su caso.
Asumiendo que haya malinterpretado su correo electrónico, me disculpo con usted si lo hice. Existen una serie de especialidades médicas que ayudan a diagnosticar y tratar lesiones ocurridas en accidentes automovilísticos. Como son los Cirujanos Ortopédicos en general, tratan huesos rotos y lesiones en los tejidos que lo rodean; Neurólogos, tratan lesiones nerviosas y danos cerebrales, Médicos del Dolor y Fisiatras le pueden ayudar a tolerar el dolor debido a las lesiones mientras se recupera; Quiroprácticos y Acupunturitas bridan una excelente atención para aquellos que requieran métodos menos invasivos y naturales para su tratamiento. Usualmente recomiendo a mis clientes ver una variedad de médicos especialistas para asegurar que todas lesiones ocasionadas por un accidente automovilístico sean diagnosticadas y tratadas. A menudo, los médicos, pasan por alto quejas, que pueden ser importantes, si están fuera de su competencia. Por ejemplo, un Cirujano Ortopédico, que ha tratado la fractura de luna clavícula, no se daría cuenta de las limitaciones cognitivas de una lesión cerebral leve y traumática.
Mas importante es contar con un medico calificado y con experiencia. Recomendamos que consulte con el Departamento de Salud del Estado de La Florida, que el médico que escoja tenga licencia y este certificado. También, le recomiendo alejarse de aquellas clínicas que ofrecen múltiples especialidades bajo el mismo techo, solo con el objetivo de captar victimas lesionadas en accidentes automovilísticos. Este tipo de lugares no es capaz de proporcionar el nivel de atención requerida y pudiera estar
concentrados en los beneficios del seguro ( PIP). Si el resultado de sus lesiones o heridas ha sido grave, el valor de su demandada se centralizara en la calidad y reputación de los médicos que ha seleccionado. Piense, como si estuviera seleccionado jugadores para un equipo, porque en caso de juicio, sus médicos también tienen que servir como testigos y expertos. Si ha elegido un equipo débil de médicos, estos no podrán abogar por su paciente y soportar el intenso interrogatorio a los cuales serán expuestos y usted no podrá ganar su caso.
No necesariamente contratan al neurólogo o cirujano ortopédico más amable y gentil. Ciertamente, no usan los médicos basados en sus técnicas quirúrgicas o con alto grado de satisfacción al paciente. Contratan los médicos que estén listos, dispuestos y capaces de enfrentarse en la sala de un tribunal, mirándolo a usted y a su abogado a los ojos y tornado su cara al jurado para decirles que usted no está lesionado. Esto ocurre todos los días en los tribunales de la Florida, por eso como abogado especializado en la Florida en accidentes automovilísticos, tengo mucha precaución y procedo lentamente si usted no está gravemente lesionado antes de hacer cualquier reclamación, su cuidado y salud es lo más importante, por lo que le recomiendo que vaya al mejor medico que conozca o pregunte a su abogado de confianza.
In my book, Make It Your Own Law Firm I write quite a lot about the importance and value mentors have been for me as a Miami medical malpractice lawyer and I credit them- not just for the success of my law practice but for my life. My current view on mentors has shifted and evolved since I graduated from the University of Miami School of Law twenty years ago. I believe every law student needs a mentor and the best that I have found are those that are not being paid or employed by me.
I realize that most law students cannot afford to hire or pay mentors or coaches. Therefore, law students will need to find mentors who are ready and willing to provide guidance for free.
Rule 1: Choosing the Right Law School Mentor
Before a law student chooses a mentor, it is important to understand the limitations of what mentors can or should do. Think of a mentor like a Sherpa helping one to climb Mt. Everest. A mistake I have made, regrettably more than a few times, is selecting, hiring, paying and listening to the mentor or Sherpa who himself has never climbed Mt. Everest, much less successfully brought a party home alive. In other words whether it is being a trial lawyer, probate attorney, criminal defense lawyer or florist, do not listen to one of the many "gurus" who have never actually gone to law school,graduated and successfully practice law in the specialty area of your choice. .
Rule 2: Don't Get Addicted
Once you find this elusive Yoda, it is easy to become co-dependent. In other words, I have relied on others to make decisions that I did not want to make, such as where to apply for work, what area of law to practice, who to hire, how much to pay them or what tie to wear to a trial. It is easy to start to default by asking your mentor for help on every single decision. Try not to become so dependent that you are paralyzed from making any decisions on your own or going against your mentor's advice.
Rule 3: Don't Use Your Law School Mentor for Everything
Another mistake is thinking that your mentor for X can answer things for Y. I have mistakenly relied on a competent mentor in one area of my profession to guide me into another area for which he was not qualified or experienced to give advice. Much like asking your optometrist to do a rectal exam, there are special problems that require special knowledge and it is dangerous to rely on a single mentor to handle a variety of complex issues.
Rule 4: Don't Sleep With Your Mentor
Don't become friends with your mentor. What you need is objective guidance not a friend or romantic liaison. It is easy to fall into the "let's meet for a drink after work because I have to discuss something with you" trap. And it may not be your fault. Your mentor might be lonely and flattered by the attention of a young and attractive law student. It is easy to fall into a trap where you might not only lose invaluable guidance, but cause yourself embarrassment and destroy your career before it even starts. As a law student you need objective and kind advice. Once you cross the line, even as friends with your mentor, she might be unwilling to tell you what she really feels for fear that she might offend or hurt you. Keep the relationship with your mentor on a professional level at all times.
Be very careful if you sense the smallest possibility that your mentor might have an ulterior motive or be vulnerable to your charm. Unfortunately, my experience has taught me that very, very few people I have met in my profession are generous with the time and guidance while expecting absolutely nothing in return.
Rule 5: Remember to Mentor Another Law Student
The last rule is what I call the circle of life, much like in the Disney movie. I feel the true obligation I have to repay the many mentors I have had in my life is by offering to guide and mentor others. As a Florida personal injury lawyer I wrote "Make It Your Own Law Firm" to help spare law students facing the prospect of graduating without a job the pain and rejection I suffered. You would be surprised how much you may have already learned that can help another in your chosen area of practice.
Yes it is back to school time. For me as a parent and Florida child injury attorney, turning my kids over from 9-5 to someone else after a long hot Miami summer can seem like a blessing. Yes, I attended open house for my son's fourth grade class and I marveled at the technological advancements his class had. PowerPoint projectors, smart boards and the class even has its own blog. But what all the parents heard repeatedly from the administration was that a lack of funding was preventing the school from doing this our that. It got me thinking about playground safety and what dangers may lurk, not just for my child, but for the many who leave their children in the hands of the underfunded school boards in our country on a daily basis.
Our Broward personal injury attorneys recommend that all parents inspect their children's school playgrounds at least once or twice per school year, especially considering the playground's surface and equipment. Concrete, asphalt or dirt is still commonly used and, according to the National Program for Playground Safety, nearly 70% of all playground injures are related to falls on hard surfaces. The recommended surfaces are hardwood mulch, pea gravel, sand, rubber mats and rubber tiles.
1. Are there any broken slides or swings?
2. What age groups will be using the equipment at the same time?
3. Any rusted or exposed S-hooks?
4. What is the child-to-supervisor ratio?
5. Who is responsible for maintaining and repairing the playground?
6. Is there a defibrillator nearby and who is trained to operate it?
7. Are children encouraged to apply sunblock when outdoors between 10 AM-3 PM.
8. Are children encouraged to desanitize their hands after returning to class?
April 25-29, 2012 is National Playground Safety Week and gives families and schools an opportunity to focus on making playgrounds safer. We are dedicated to keeping children safe and urge all families not to wait till April to inspect, educate and monitor their children about playground safety.
Should a child be injured in Florida due to the negligence of a public school for failing to provide a safe or supervised recess or for faulty or poorly maintained equipment, the family will have to sue a Florida public school pursuant to Florida Statute Section 768.28. Generally speaking this law protects and insulates the School Board from the responsibility of fully compensating an injured child by limiting the amount of the total damages paid, including medical expenses, loss of income, disability and disfigurement to $200,000. Any claim against a Florida school must be made in writing within 3 years of the date of the accident or 2 years in the case of death.
Claimants are also required to provide the agency and Department of Financial Services the injured child's' date and place of birth, social security number or federal identification number and list the name, court case number of any amount the child may owe to the state amongst other very specific details. If your child has been injured at a school, it is very important that you seek competent and experience legal assistance to navigate the confusing and tricky statutory compliance of Florida's Section 768.28.
As a Florida cruise ship passenger injury lawyer I was disappointed that Holland American Cruise Line won a substantial case in front of the 9th Circuit Court of Appeals this week in defending an appeal brought by its passenger, Gerald Samuels. Mr. Samuels alleged that while he and his two children were on a seven-day Holland American cruise in November 2008 he was injured while in the port of Cabo San Lucas, Mexico.
According to Mr. Samuels he had never been to Cabo San Lucas before and had asked several "unidentified" Holland American crew members about the possible on-shore activities. He testified that he was assured that a visit to Lover's Beach, located at the very tip of the Baja Peninsula separating the Sea of Cortez and the Pacific Ocean via tender, was safe. He was also promised that he would return in time for the ship's departure. Lover's Beach is a public beach and there are no lifeguards or warning signs regarding any potential dangers.
Upon arriving at the port, he and his children were met by a tender operator who agreed to drop the family off at Lover's Beach. After wading in the water for about five minutes on the Sea of Cortez side, Mr. Samuels decided to swim in the Pacific Ocean side. Within moments of entering the Pacific Ocean side, he testified that he felt "pulled upside down" and hit his head on the ocean floor. He claims he sustained significant and severe brain damage, central-chord syndrome and is now a quadriplegic.
He sued Holland American for negligence and alleged that the ship's crew owed him a duty to warn him of the dangers of swimming in the Pacific Ocean side of Lover's Beach and that, had he received such warnings, he never would have entered the ocean. Holland American entered evidence that in 27 years of sailing to Cabo San Lucas they have never received any complaints or claims regarding the Pacific Ocean side of Lover's Beach and owed no duty to warn Samuels of an unknown danger for a shore-side activity.
The district court granted Summary Judgement in favor of the cruise line and struck the evidence proffered by Samuels. The appellate court affirmed it and stated that in order to recover for negligence against a cruise line an injured passenger must establish the following:
1. Duty
2. Breach
3. Causation
4. Damages
Citing the case of Morris v. Princess Cruise Line, Inc. " ...the owner of a cruise ship owes all on board the duty to exercise reasonable care under the circumstances of each case. ..." Cruise ship reasonable care is different than the extent of the duty owed in daily life since a cruise ship involves more danger to a passenger.
However, the court found that the wading into the Pacific Ocean side of Lover's Beach was "not uniquely associated with maritime travel" and that nearly 100,000 Holland American passengers visited Cabo in 2008 without a single incident of injury. Since Holland did not have active or constructive (knew or should have known) knowledge of the danger the case was dismissed.
Our Broward cruise line injury law firm is dedicated to protect the rights of passengers and urges everyone that is considering a cruise to be extra careful both on board and on shore. Based upon this ruling passengers injured on off-the-ship excursions such as kayaking, zip-lines, scuba diving, and parasailing will have a very difficult time successfully suing a cruise line if they are hurt.
More than four million women in the United States currently take Fosamax. It was first approved by the FDA to treat postmenopausal osteoporosis, Paget's disease and later a pre-osteoporosis condition called, ostepenia. Since Fosamax's patent expired three years ago the generic version (bisphosphonates) has been widely marketed.
Our Fosamax claim office is monitoring the upcoming two FDA advisory panels who will decide whether women taking the drug should take a "drug holiday" because of the increasing evidence that Fosamax side effects may outweigh the drug's benefits.
After 16 years on the market the concern is focused on how long-term (more than 3-5 year) use of the drug proves may actually cause bones to weaken. There have been an alarming number of women who have suffered sudden bone fractures and bone death. Currently, Merck is facing over 1000 law suits from patients claiming jaw bone injuries and 535 claims of broken femurs (legs) and other bones. Of the four cases that have already gone to jury, Merck won three and is appealing the fourth that resulted in a verdict of $8 million.
Fosamax is marketed as Alendronate (Fosamax, Fosamax Plus D) Etidronate (Didronel), Ibandronate (Boniva), Pamidronate (Aredia), Risedronate (Actonel, Actonel W/Calcium), Tiludronate (Skelid), and Zoledronic acid (Reclast, Zometa). As a Florida Fosamax injury lawyer I recommend that, before you consider taking Fosamax or if you are presently taking the drug, ask your doctor to examine your mouth and see a dentist. It is vital that you maintain good mouth care during Fosamax treatement. In addition, if you have developed any unusual pain in your leg, hip or groin, immediately notify your physician.
Our Fosamax injury lawyers hope that the FDA will order stronger labeling and warnings on Fosaxmax and the generic drugs as well as outright banning its long term use in patients where the benefit is outweighed by the risk.
As a Florida bicycle injury lawyer and former amateur bicycle racer I know a lot about crashes and the effect they have on both a cyclist physically and mentally. The most common question posed after most serious bicycle accidents is, "how did it happen?"
According to a recent New York Times article, figuring out what went wrong just got a lot simpler with the use GPS device analysis. Serious cyclists now often train using Garmin-type cyclometers that are mounted on the handlebars. Traditionally, these devices would tell the rider information regarding speed, heart rate, watts and pedal cadence. For our Broward bike injury law firm, the GPS device produces valuable data used to prove fault and location in complex bike/car collisions, especially when there are no independent witnesses.
Think of the bike GPS as the "black box for bicycle wrecks". This poses an interesting question for both the defense and prosecution of injury cases. Our Miami cycling crash lawyers recommend that any cyclist involved in a crash immediately download and save the GPS data so that it will be preserved and that the defense does not claim a spoliation of evidence defense.
Lastly, our Broward County bicycle injury lawyers always recommend that you use a helmet no matter where you ride. Make sure that the helmet is both properly fitting and not damaged.
