Florida Injury Lawyer Blog

Victims hurt in a Florida car crash, slip and fall or as the result of careless doctors usually seek immediate medical attention for their physical pain and suffering. Rarely is any focus put on the more difficult to diagnose trauma known as Post Traumatic Stress Disorder, P.T.S.D. As a Miami PI attorney, I am alarmed if I hear a client complain about sleep loss, terrible images being replayed in their head, or feelings of guilt or fear.

Granted, the majority of our clients who suffer these normal post-trauma reactions to one degree or another recover and return to a relatively normal state within weeks or months of an accident. However, some do not. A small percentage of people get trapped in their trauma and experience chronic P.T.S.D.

The way one copes with emotional trauma is far more complex than once thought. One of the challenges in diagnosing P.T.S.D. lies in the fact that the symptoms often do not surface for weeks or months after the event. Signs of P.T.S.D. can, according to the Mayo Clinic, take years to develop.

Generally, P.T.S.D. is grouped into three classes: Intrusive Memories, Avoidance or Emotional Arousal. Symptoms of intrusive memories typically include flashbacks and nightmares of the event. Symptoms of Avoidance include feelings of numbness, hopelessness and memory problems. Symptoms of Increased Emotional Arousal may include. irritability, guilt, shame, trouble sleeping or self-destructive behavior.

Often, post-traumatic stress disorder symptoms can come and go. The symptoms can intensify when the person is under more stress in general. In addition, symptoms can be brought up by seeing a movie, the smell of a familiar scent or a hearing a song.

If feelings persist or interfere with the quality of one's life, our Aventura traumatic brain injury law firm recommends that you seek immediate medical attention. It is important, that if as as a result of the accident or trauma you had lost consciousness, even for just a few seconds, you relate this history to your doctor.

The symptoms of those who have suffered a head injury or traumatic brain injury (TBI), sometimes mimic and overlap those of post-traumatic stress disorder. Many people believe you have to have had a serious head injury to suffer a traumatic brain injury. This is simply not true. There are plenty of studies which show that brain injuries can occur without direct contact to the head. For example, when a person suffers whiplash from a rear-end car accident, the brain may be shaken within the skull. This damage can cause bleeding between the brain and skull.

Our South Florida accident lawyers are deeply committed to helping our clients rebuild their lives after a catastrophic accident. We work closely with neurologists, neuropyschologists and psychiatrist to make sure our clients are properly evaluated and cared for longer after their case resolves. As sometimes, the emotional damage leaves behind emotional scars more painful than some physical injuries.

As a Broward plastic surgery malpractice lawyer, I was deeply saddened by the recent news of that Idell Frazer, a 50-year old Florida grandmother, lost her life during a liposuction and fat transfer at Strax Rejuvenation and Aesthetics Institute. Our law office is currently representing the family of Lidvian Zelaya who died during the same procedure last year. You can read the filed Stamped Complaint-8731.pdf

Fat embolisms are one of the many known complications associated with fat re-injection procedures. Pulmonary embolisms occur when a blood clot forms and clogs an artery in a patient's lung. Any plastic surgery patient can develop a pulmonary embolism or "PE" but certain factors increase the risk:

1. Surgery is the leading cause of blood clots. The risk of developing a blood clot increases with the duration of anesthesia. In other words the longer the procedure the higher the risk of developing a blood clot. This is one of the reasons that multiple cosmetic procedures are not recommended to be performed during one operation.

2. Prolonged immobility. Blood clots are more likely to form in the legs after patients are subjected to prolonged bed rest (recuperating from surgery) or from sitting in cramped positions during long car trips or flights.

3. Age. Older patients are at a higher risk for an embolism because the valves that move blood in the veins become increasingly inefficient with age. Older patients are more commonly dehydrated and have co-morbid medical conditions like cancer or heat disease which can increase the risk for a clot.

4. Family History. It is important that doctors, particularly those performing elective cosmetic procedures like fat injections, understand a patient's family history for blood disorders. Special tests can and should be ordered before any procedure to determine if there are any clotting disorders that would put a patient at a higher risk for a blood clot.

5. Smoking and Obesity are additional factors that predispose a patient to form a blood clot. The risk is higher when combined with the other factors listed above.

Our Fort Lauderdale surgery malpractice law firm advises anyone considering undergoing an elective cosmetic procedure to have a thorough physical exam performed by a Board Certified internal medicine doctor who has no relationship to the potential plastic surgeon or clinic to obtain medical clearance. In addition, we recommend that you carefully select your plastic surgeon and only use one who is Board Certified in Plastic Surgery. We hope no other family will lose a spouse, parent, child or partner due to a botched plastic surgery.

Continue reading "Florida Women Dies from Plastic Surgery" »

The FDA has issued a formal warning letter to Merck for being months late on two post-market study deadlines to assess acute pancreatic damage risk associated with the diabetes drugs Janumet and Januvia. Januvia (sitagliptin) is a medication approved for the treatment of adults with Type-2 diabetes. It is one of the first in a new class of medications known as dipeptidyl peptidase-4 (DPP-4) inhibitors, Janumet combines Januvia with metaformin.

The FDA required Merck perform additional testing following increasing concerns over a Januvia pancreatitis over risk three years ago. Merck broke its promise to conduct the three-month pancreatic safety study after the FDA expanded approvals for Januvia and Janumet. The study was due to be completed by March 15, 2011, and a final report should have been presented to the FDA by June 15, 2011. It was not.

One Januvia pancreatic cancer study in 2011 did find indications that the drug may increase the risk of pancreatitis and pancreatic cancer.

The FDA warning appears to be the first time the FDA has invoked its new enforcement authority for postmarking requirements granted under the 2007 FDA Amendments Act. Violations of this obligation can result in charges of mislabeling, and in fines of $250,000 and potentially more if they continue. As a dangerous medication attorney, I am pleased that this may signal a new trend at the agency for holding manufacturers more accountable.

Our Januvia and Janumet claims lawyers advise that if you are taking one of these medications to discuss the risks and benefits with your prescribing doctor. We encourage you to report any adverse events you may have on this medication directly to the FDA. You may also be entitled to make a claim against Merck. Please our contact our Miami Beach personal injury law firm to discuss your legal rights.

Those injured in a Miami traffic accident or slip and fall in a Florida store often receive medical or chiropractic treatment from a clinic or doctor that "specializes" in accident cases. Usually, that means they work with personal injury lawyers, are willing to wait to receive payment, and are comfortable testifying in court.

Occasionally, if the injury is serious enough, an invasive procedure might be performed after other treatment modalities fail. Our clients have undergone many different kinds of surgical procedures ranging from epidural blocks to multilevel disk fusions. When this happens, one of the classic defense tactics at trial is to argue that the treatment or surgery was unnecessary. The objective is to persuade the jury to shift the blame for the plaintiff's injuries to the treating physician and away from the defendant.

Some South Florida hit and run car crash injury lawyers, and many of those hurt in Florida accidents, may not be aware that the cost and impairment of any alleged unnecessary surgery or treatment is actually the responsibility of the defendant, who caused the accident in the first place.

Recently, Florida's Second District Court of Appeal, in the case of Pedro v. Barber, cited one the most important cases in Florida's personal injury tort law: Stuart v. Hertz Corporation. Ms. Baber was involved in a rear-end car accident. After conservative treatment failed, she sought a consultation with an orthopedic surgeon Dr. Nucci. Dr. Nucci performed surgery to repair a herniated lumbar disco and annular tear. The Pedro's insurance defense lawyers hired doctors to testify that Ms. Baber had degenerative lower back issues that were not caused by an accident, and any impairment she had was as a result of undergoing Dr. Nucci's surgery. In fact, they argued that the surgery made her worse and was "unrelated" to the accident.

The court then gave the jury the Stuart jury instruction:

When a person has suffered injuries by reason of the negligence of another and exercise reasonable care in seeking the services of a competent physician, and in following his advice and instructions her injuries are aggravated or increased by the negligence, mistake or lack of skill of such physician, the law regards the negligence of the wrongdoer in causing the original injury as the legal cause of the damages flowing from the subsequent negligence or unskilled treatment.

This allowed Ms. Baber's lawyer to tell the jury, in closing argument, that if Dr. Nucci's surgery was unnecessary then the Pedro's were responsible for it. The jury agreed and ordered that the Pedros were responsible for all of Ms. Baber's medical expenses from the accident. The Pedros appealed and the verdict was affirmed.

As a Dade County rollover car crash injury lawyer, I hope this case will remind insurance defendants, in injury cases, not to try to place the blame on treating doctors solely to attempt to escape liability. The Stuart case and its progeny are also important to protect doctors who are willing to treat those who are injured in accidents, without fear that they can be portrayed as scapegoats by strategic defense lawyers at trial.

Of course, there are legitimate cases where the injured are further damaged by careless doctors, hospitals, and other healthcare providers. In those particular cases, and when appropriate, those negligent healthcare providers should also be held accountable for the harm they cause, in addition to the initial torfeasor.

As a Florida anesthesia malpractice injury attorney, I was concerned by a recent FDA study that revealed that nearly 650 fires occur in United States operating rooms, during routine surgeries, every year. Often times, these fires can cause serious injury and disfigurement, and when the fire occurs in the patients airway, it can be fatal. In addition, there can be a profound psychological impact on the medical staff that is involved in a surgical fire.

Most agree that the root cause of surgical fires involves the use of supplemental high concentrations of oxygen, via an open delivery system, which creates an oxidized enriched atmosphere next to an ignition source, such as an electrosurgical unit or laser. This is referred to as the "Fire Triangle."

Since the FDA regulates many of the medical devices used in surgery, such as medical gases, skin preparation agents, electrosurgical units, and surgical drapes, they have undertaken initiatives to reduce the numbers of surgical fires. The FDA and the Anesthesia Patient Safety Foundation agree that anesthesia professionals can contribute to patient safety and minimize the risk of surgical fires. A Fire Prevention Algorithm has been suggested to be used, before surgeries, to assess the particular risk for specific patients undergoing specific surgeries.

As a lawyer, who sues doctors for operating room mistakes, I believe that the prevention of surgical fires in operating rooms is not just the responsibility of the anesthesiologist, but rather the responsibility of the surgical team. The surgical team consists of the surgeons, operating room nurses, and anesthesia professionals, who should work together to identify a patient's risk and then minimize it. Accordingly, the "Universal Protocol," which is used to confirm that the correct patient is receiving the appropriate procedure on the correct body part, needs to also include a risk assessment for a surgical fire.

In addition, hospitals and outpatient surgical centers should be equipped with the appropriate fire prevention tools, starting with an educational program to teach operating room personnel how to assess the risk for OR fires and understand how the risks can evolve as a surgery proceeds. Communication is the key, between the anesthesia provider and the surgeon on the other side of the drape, to understand the elements of the "Fire Triangle." If a patient's oxygen concentration needs change during an operation, the anesthesiologist and surgeon must communicate with each other to consider what the changes might mean in terms of a fire risk.

Our Broward County operating room injury lawyers believe that one of the primary reasons that surgery medical malpractice occurs is because of a lack of communication between the different members of the team, in regards to the overall care of the patient. A surgical fire check list is key to reduce the risk of fire in any healthcare facility. We recommend that before undergoing any operation you ask both your surgeon and anesthesiologist whether or not they have a surgical fire prevention protocol in place. It could just save your life.

I just saw the movie "Puncture," and, as both a Miami dangerous medical device attorney and movie lover, I am not sure how I missed this incredible film. The movie, based on a true story, accurately depicts how two young Houston, Texas personal injury lawyers, Mike Weiss and Paul Danziger, take on a case that is bigger and far more complicated than either could have anticipated.

Mr. Weiss, played by the talented Chris Evans, somehow practices plaintiff's personal injury law while in the throes of a hard core drug addiction. His law partner and long time friend, Paul Danziger, is trying to control both his drug addicted partner and their law practice while undertaking a huge defective medical conspiracy case. Everything goes spiraling out of control.

When the film starts, it appears that Weiss and Danziger have a somewhat typical personal injury law firm, handling mundane car crashes, slip and falls, and the occasional employment dispute. One day, however, they get an inquiry by a local emergency room nurse, who was stuck with a contaminated needle while trying to care for a psychotic patient. Weiss, passionately, begins to look deeper into her case and learns that there is a conspiracy between Hospital Group Purchasing Organizations and pharmaceutical companies to keep a new syringe, with a retractable needle, off the market. This new syringe is designed to prevent healthcare workers from accidentally getting stuck with contaminated needles, which can transmit HIV/AIDs, hepatitis, and other potentially fatal diseases. Both emergency room nurses and doctors support the use of the new syringe, and the National Institute of Health provided a grant to the inventor to refine the device.

The theme of this movie, like most of the cases in our Florida law medical malpractice law firm, is "corporate greed over lives." In "Puncture's" case, it is the very lives of hospital employees who are stuck by infected needles, as well as, the millions who have contracted HIV/AIDs through cross needle contamination.

I think this movie is one that every law student should see. It vividly shows the compassion and fearlessness of an advocate fighting, not just a defendant with unlimited resources and his law partner, but his own demons, in his pursuit of justice for his client. Sadly, Mr. Weiss died at only 32, before the case could be resolved, from an apparent drug overdose. He did not live to see the fruit of his labor but I will not ruin the ending for you.

Another highlight is seeing real life Texas Super Lawyer, Mark Lanier, playing himself. Mr. Lanier creates a striking contrast between his successful litigation style and the out of control life of Mr. Weiss.

I truly wish that Mr. Weiss had been able to beat his addiction, because I have rarely encountered a lawyer of such immense talent and commitment to justice. Mr. Weiss's conduct, outside the courtroom should not be admired, but it can be understood and perhaps even pitied. However, given the weight of his addiction, his work in the courtroom was even more spectacular. I never had the opportunity to meet Mr. Weiss, but I hope that his message inspires others to take on fights, of this proportion, for people, the only thing that really matters.

Continue reading "A Movie Every Law Student and Lawyer Should See" »

It is hard to believe, in these tough economic times, Florida's legislature and Governor Rick Scott feel that Personal Injury Protection Insurance (PIP) is such a huge priority that they have spent most of this year's 60 day legislative session wrangling over how to gut the PIP Statute §627.736.

Senate Bill (SB) 1860 is designed to reform PIP insurance which currently provides Florida victims of car, truck or pedestrian accidents $10,000 in health or lost wage coverage, regardless of who causes the accident.

The new proposals create licensing requirements on health care providers, and eliminate massage therapy and acupuncture from covered care. The House version of the Bill forces accident victims to seek medical treatment within seven (7) days of the accident in order to claim PIP benefits while the Senate version extends it to fourteen (14) days and would pay up to $2,500 for treatment by a personal physician. There are also proposed strict limits on the amount of attorney's fees charged against insurance companies when, and if, they fail to comply with the PIP policy or statute.

According to Senator Joe Negron, who sponsored the bill, it would curb what he describes as the skyrocketing cost of insurance as a result of staged and phony car accidents.

As a lawyer who has helped thousands of people injured in Homestead car wrecks and North Miami pedestrian accidents, any PIP insurance law that would force people to seek medical attention within a week or two of an accident, or jeopardize losing coverage, is a huge mistake, for several reasons. First, it will flood emergency rooms, urgent care centers and doctors' offices with people who might otherwise have postponed treatment in the hopes that their injuries would resolve. This influx of patients might actually cause a delay in having more seriously ill or injured people seen by ER doctors.

Secondly, a typical post-car crash visit to a local Miami emergency room for a few x-rays and a CT Scan will exhaust most PIP coverage on the first day of treatment, leaving nothing for the injured in terms of physical therapy, chiropractic treatment or for lost wages. Third, I question what effect compelling potentially injured people to seek treatment within a week of an accident would do to the employers and families of the injured, while their loved ones are being forced to seek immediate treatment rather than waiting to see if the pain subsides. Lastly, eliminating acupuncture and massage therapy from coverage precludes the patient from having access to non-traditional medical modes of treatment. In my twenty years of practicing traffic injury law in South Florida I have had many patients who have had spectacular relief by getting acupuncture and massage therapy instead of traditional physical therapy, surgery or medication. I believe that injury victims should have the right to choose who they treat with and not be forced to select only those healthcare providers chosen by the State of Florida. None of the proposed changes make sense to me as they provide no benefit to the injured, unless of course, Governor Scott is motivated to increase revenue to hospitals and insurance companies?

Continue reading "Florida's Governor Tries to Kill PIP Insurance Once and For All" »

I was deeply troubled to read about the recent Florida wrongful death case of Christopher Milanese. Mr. Milanese was arrested and taken to the Boca Raton Police Department, where he was issued five (5) traffic citations, none of which were for driving under the influence.

The Police Department called a taxi cab for Mr. Milanese and released him while he was still intoxicated. Apparently, the taxi driver did not see Mr. Milanese and left the station. Mr. Milanese attempted to walk home but only made it as far as the nearest train tracks, 50 feet from the station's door, where he was killed instantly by an oncoming train. At the time of his death, Mr. Milanese's blood alcohol level was .199.

Mr. Milanese's family sued the City of Boca Raton, claiming that the Police Department owed Mr. Milanese a duty not to release him from their custody while impaired and that the Police knew of the danger of the train tracks and failed to warn and protect him. A Palm Beach County Circuit Court Judge heard the arguments and dismissed the case. An appeal to Florida's Fourth District Court of Appeal followed.

The appellate court agreed with the trial court and stated that the Police no longer had a duty to care for Mr. Milanese once he was released from custody, and that he did not face a risk of harm that was created by the Police. Citing as precedent, to support its decision, the court relied on the legal theory that Mr. Milanese was in no greater danger or no worse position than if the Police had not been involved at all. In other words, "the State does not become the permanent guarantee of an individual's safety by having once offered him shelter."

Our Miami hospital injury law firm is currently suing a Miami hospital for the alleged negligent discharge of a patient, being treated for alcohol abuse and depression, who committed suicide. Our case was also dismissed by the trial court and is currently on appeal to the Third District Court of Appeal. As a lawyer who sues Miami doctors and hospitals for inappropriate care of high risk patients, I find the facts of Mr. Milanese's case painfully similar. The Boca Raton Police placed Mr. Milanese in an unreasonable and foreseeable risk of harm, considering that he was in their care and custody at a time where he was vulnerable, impaired and unable to protect himself.

First, and foremost, I do not understand why the Police would release a person while they are inebriated. I think that, alone, is grounds for the case to proceed to a jury. Second, the Police did not escort him to the taxi or offer to take him home, they simply opened the door and let him walk out. Third, the Police knew he was impaired or drunk and that an active railroad track was only 50 feet from the front door. That is simply a zone of risk that the Police have an obligation to protect him from.

Once the police felt that Mr. Milanese was too drunk to be behind the wheel of his own car, and took him into custody, they undertook the responsibility to protect him from danger, even if the danger was himself. Once they undertook the care of Mr. Milanese, by calling him a taxi cab, they should have made sure that he was safely on his way. Simply ejecting an intoxicated man into the dark of night, with an active railroad less than 50 feet away, is wrong, and the Boca Raton Police Department should be forced to explain this to a jury, at the very least.

The Undertaker's Doctrine, in Florida, is a common law doctrine that provides, that "in every situation where a man undertakes to act or pursue a particular course, he is under an implied legal obligation or duty to act with reasonable care, to the end that the person may not be injured by any force which he sets in operation, or by any agent for which he is responsible. If he fails to exercise the degree of caution which the law requires in a particular situation, he is held liable for any damage that results to another, just as if he had bound himself by an obligatory promise to exercise the required degree of care."

As a Florida wrongful death attorney, I am troubled by this opinion for a number of reasons, but perhaps the single most offensive issue is the notion that a trial judge intercepted justice, by preventing a jury from even hearing the facts. The case was dismissed without allowing a Palm Beach County jury to listen to all of the evidence. I fear that this case will send a message to police, hospitals, schools and businesses that it is okay if someone, who is intoxicated, misdiagnosed or treated, is hurt or killed, as long as it does not happen on your property.

Social media is adding a new twist to what is considered typical discovery me as a South Florida personal injury lawyer. Traditionally, Defendants, who are sued by lawyers representing injured victims, bombard the Plaintiff with stacks of discovery that includes interrogatories (written questions), requests for admissions (yes and no questions), and requests for production (asking that documents and items, like X-rays, be produced).

As the cases progress, Plaintiffs are expected to appear at a deposition (sworn question and answer interview) that is transcribed by court reporters, and, often, to submit to physical and emotional exams, by specially selected medical doctors, to verify or challenge an injury.

The latest twist involves requesting access to a Plaintiff's Facebook and/or Twitter account. This can easily cross the line from a legitimate effort to "discover" relevant information to a fishing expedition that invades the most intimate privacy of a litigant.

Florida's courts have not had to consider the issue yet, but as this type of discovery becomes more prevalent, and I anticipate that it will, courts around the country will be forced to consider whether or not lawyers are entitled to take a peak at a Plaintiff's Facebook wall or Tweets.

I recommend that anyone, currently a party or claimant in a pending Florida car crash claim or medical malpractice claim, immediately shut down public access to their social media. I would suggest, those involved in the most serious cases of wrongful death or catastrophic injury, actually consider closing their accounts, pending the outcome of the litigation.

Social media portals expand virtually every day. As people are now living in virtual reality shows, where they Tweet the most miniscule and often mundane activities of their daily lives (guilty), caution needs to be exercised as to what messages, photos and "statuses" they post, as they may unknowingly hand the defense a case killing piece of evidence.

Let me be clear, I am not advocating that one should act a certain way simply because they may have fallen and been hurt at a Miami Dade county grocery store and are suing for damages or had a motorcycle crash in Florida I am simply advising that Plaintiffs may be sharing information in real time about themselves with some folks who are not necessarily their "Friends."