Florida Injury Lawyer Blog

Nobody likes going to the emergency room, as most people do not really understand that their own life could be saved by prompt emergency medical intervention. For those without health insurance, the decision to trek to the ER is more complicated. According to Republican Presidential candidate Mitt Romney, our country's Emergency Rooms provide free government supported healthcare to the uninsured. Anyone without health insurance who has recently visited an ER will disagree. So does, Dr. David Seaberg, the president of the American College of Emergency Physicians (ACEP), who recently stated that "emergency care is not health insurance."

ER's are Overcrowded

Last year more than 136 million Americans who sought treatment at ERs and not just for medical emergencies. Many patients with good health insurance have trouble getting appointments quickly with their own primary care doctors, and end up going to the ER instead. Others, delay care often allowing their condition to go undiagnosed and treated, to the point that nothing can be done.

Knowing when and why to go the to the Emergency Room can save your life. According to the American College of Emergency Physicians (ACEP) you should go the nearest ER when you are experiencing any of the following warning signs:

Difficulty breathing or shortness of breath
Chest pain or pressure
Fainting, sudden dizziness, weakness
Changes in vision
Confusion or changes in mental status
Sudden or severe pain
Uncontrolled bleeding
Severe or persistent vomiting or diarrhea
Coughing or vomiting blood
Suicidal feelings
Difficulty speaking
Shortness of breath
Unusual abdominal pain or pressure.

Suing a Florida Emergency Room Hospital, Doctor or Nurse

Not only can going to the ER early save your life, but it can also save your legal rights if the ER makes a mistake. As a lawyer who sues Broward emergency rooms for misdiagnosing strokes, embolisms and heart attacks. Hospitals routinely defend these cases by blaming the patient for not having sought medical treatment sooner.

Every Florida medical malpractice case against a doctor, hospital or emergency room requires that the claimant prove three things:

1. Negligence (medical mistake).
2. Causation (did they actually cause a problem, injury or death).
3. Damages, (harm the mistake caused).

The "Dead Man Walking" defense basically claims that whatever mistake the hospital, doctor, or nurses made; it did not change the patient's ultimate outcome. This is a very effective argument, especially in cases that involve clear medical mistakes and indisputable injuries, such as birth injuries and brain damage.

Florida Statute Section 768.13, is known as the Good Samaritan Doctrine. It makes suing a Florida emergency room more difficult for patients than any other medical malpractice case. The "Good Samaritan Doctrine" provides protection to emergency room doctors and nurses from being sued unless it can be shown that the care was not just negligent but reckless. This elevated standard of proof, eliminates claims for mere medical errors even when the mistake hurts or kills a Miami hospital patient.

In Florida, drunk drivers cause more than 20,000 pedestrians, motorcycle, car and truck accidents each year-killing 1000 people. Losing a loved one to a drunk driver is a needles tragedy, that leaves families shattered emotionally and financially. Why is stopping Florida's drunk driving accidents and fatalities so difficult?

Traditionally, we have tried to prevent alcohol related accidents with criminal convictions and use of the media. For instance, in Florida over 30,000 people a year are convicted for Driving Under the Influence. Most convictions occur in Tampa (3,256), Miami-Dade (2,274) and Duval (2,222). In spite of high conviction rates, Florida's alcohol related accidents, injuries and deaths continue to rise.

Media's role has played a significant role in DUI prevention by using billboards and television commercials paid primarily by Mothers Against Drunk Driving (MADD). This organization provides valuable resources for drunk and distracted driving prevention, data collection and lobbies Washington for additional funding. Recently, MADD called upon the Senate to consolidate the multiple Federal driving safety programs into the newly enacted transportation legislation MAP-21.

One of the primary goals of MAP-21 will be to incentivize states to mandate ignition interlock laws aimed at all convicted drunk drivers. Ignition interlocks are installed in vehicles to detect breath alcohol levels and prevent a car from starting if it a driver's blood alcohol concentration exceeds a pre-set limit. The technology is the same that is used by Florida law enforcement during roadside screenings. Florida Statute §316.193 requires that interlock devices be installed on any car used by a person arrested and convicted of Driving Under the Influence after July 1, 2002.

Unfortunately, increased DUI convictions, media attention and the use of interlocks is not working. It is time we focus on the real root cause of drunk driving- alcoholism. Alcoholism is a disease that afflicts nearly 14 million Americans. According to the U.S. Preventive Services Task Force, an effective and underutilized way to stop DUI accidents in Florida would be to provide more effective screening and treating of alcoholism by doctors and nurses.

For instance, America's primary care doctors and nurses are in an ideal position to screen patients and intervene for those who are abusing alcohol.This should be done at yearly check-ups or anytime they have patient interaction by determining if the patient is drinking too much. Many people are often surprised to learn how much alcohol they actually consume in a given week. Since the amount of liquid in a glass, can or bottle does not reflect the amount of alcohol one drinks. For example, all beers, wine and spirits have different percentages of alcohol.

According to the National Institute of Alcohol Abuse and Alcoholism, men who consume in excess of 14 drinks per week and women who consume in excess of 7 drinks a week are at risk. If it is deemed that the patient is at risk for alcohol abuse the doctor should provide counseling and intervention.

Florida's wrongful death law §768.21 provides additional protection for those injured or killed by drunk drivers by allowing victims the right to claim punitive damages to punish the wrongdoer. In Florida driving with a blood alcohol level in excess of .08 is considered intoxicated. §768.736 does not limit the amount of punitive damages that the injured is entitled to recover against a drunk driver.

Punitive damages are available if you have been hit by a drunk driver or a passenger in a car driven by a drunk driver. It is important to hire a Miami lawyer who sues drunk truck drivers to obtain the full value of your case.

Those injured while intoxicated may not be able to sue for an injury or death in Florida. Florida Statute §768.36(2) prevents the injured from recovering for his or her loss if at the time of the accident, the plaintiff was under the influence of drugs or alcohol and as a result is more than 50 percent at fault for his or her own harm.

By: Domenick Giovanni Lazzara, JD

Every now and then its good to indulge in a guilty pleasure. For me, that's often a bag of microwave popcorn and a Redbox on Friday night. Our South Florida injury attorneys were shocked to learn that guilty pleasure is more then just a nutritional indulgence; consuming microwave popcorn could be a risk to your health. This past Wednesday, a jury awarded a Colorado man $7.2 million in damages for a chronic condition known as "popcorn lung." He sued the the manufacturer and distributor. He also sued the grocery store where the product was purchased.

As the name suggests, Wayne Watson, 59, developed popcorn lung as a result of consuming microwaved popcorn. Kenneth McClain, his attorney, argued Mr. Watson's consumption of two bags a day over the course of ten years, resulted in him being diagnosed with bronchiolitis obliterans (http://www.webmd.com/lung/bronchiolitis-obliterans-organizing-pneumonia). Bronchiolitis obliterans is a form of obstructive lung disease that makes it difficult for air to flow out of the lungs, and unfortunately. In Mr. Watson's case, he has permanently lost over 50% of his lung capacity due to his consumption of microwaved popcorn. The condition, caused by the chemicals used in flavoring microwaved popcorn, primarily diacetyl, is irreversible. Mr. McClain ultimately argued that it was the popcorn manufacturer and the supermarket chain that sold the popcorn who were negligent by failing to warn on labels that the flavoring contained in the microwave popcorn was dangerous. Jurors agreed.

This law suit is the latest in a string of claims originating 15 years ago by the workers in popcorn plants where diacetyl, the flavoring ingredient, was being used in the manufacturing process. However, Watson is the first consumer to be diagnosed with popcorn lung from inhaling the smell of artificial butter. Gilster-Mary Lee Corp, the private-labeling manufacturer of the popcorn was found to be 80% liable. The jury held Kroger Supermarket and Dillons food 20% responsible.

Fashion contacts lenses that make your eyes look like your favorite movie star or vampire are more dangerous than many think. Decorative contact lenses are being sold on the internet and at shopping malls across the country for Halloween. According to the FDA, these types of lens can cause permanent eye damage.

Decorative lenses have been reported to cause corneal abrasions, decreased vision, infections, corneal ulcers and blindness. Our Miami children's eye injury lawyers recommend that you only purchase contact lenses from a licensed ophthalmologist following a contact lens examination. Ophthalmologist are eye doctors and they are specially trained to make sure that contact lens fit properly.

Contact lenses, like medication have an expiration date. You should always confirm that you have purchased lenses within the expiration date and dispose of any old ones. It is not uncommon for people to share contact lenses; but you should never wear someone's contacts or used contacts. If you develop an irritation, or infection, immediately remove the lenses and contact your prescribing doctor or go to the nearest ER.

It is also important to never sleep in daily contact lens or lens that are prescribed for single use. Purchasing contacts over the internet can be dangerous because only certain contact lenses are allowed to be sold in the United States. To find out if your contact lenses have been reviewed and approved for sale in the US by the FDA, click here.

Proper cleaning of re-wearable contact lenses is essential. Cleaning should be done pursuant to the manufacturer's recommendations with the appropriate solution and not with tap water.

Contact lens cleaning solution, Clear Care, is the subject of complaints from patient safety groups claiming that CIBA, the manufacturer, failed to adequately warn users about the product's high hydrogen peroxide content. Hydrogen peroxide will cause a caustic burn if it gets in the eye.

The FDA has received over 100 reported eye problems caused by the use of Clear Care. According to NBC News, several consumers were rushed to ERs and diagnosed with chemical burns, corneal ulcerations and other problems after using Clear Care.

If you suspect that your have purchased defective contact lenses or cleaner, you should obtain the name of the device and the device manufacturer and report the problem to the FDA's MedWatch and consult with a Florida contact lens injury lawyer about your legal rights.

Florida's Personal Injury Protection Insurance, or "PIP" is supposed to pay for medical bills and lost wages when you get hurt in a car wreck and meet the legal requirements. According to Florida Statute §627.736, to qualify for PIP benefits after a Florida traffic accident, the injured must be one of the following:

1. Named as an insured on the PIP policy, or
2. A family member who lives in the same household, or
3. The driver of an insured vehicle, or
4. The passenger in an insured car or truck.

Florida's auto insurance industry is notorious for refusing to pay PIP benefits or attempting to reduce the amount of the bill. When that happens, it is considered to be a breach of the insurance contract. Lawsuits filed against PIP insurance providers for this breach are called PIP suits.

Kevin Whitehead is considered to be one the most experienced and successful PIP Suit lawyers in Florida. He reveals some PIP Suit secrets that no insurance company wants you to know. For instance, most medical care providers ask their patients to assign their PIP insurance rights to sue the insurance company. The majority of PIP suits are filed on behalf of MRI Centers, Rehab Clinics, Doctors and Hospitals to collect for unpaid medical bills.

According to the Sun-Sentinel, since 2006 Broward County has had over 23,500 PIP suits filed. Nearly 6,000 PIP law suits have been filed against United Auto Insurance alone for denying claims. United Auto usually provides minimum coverage car insurance policies to high-risk, low-income drivers. According to United Auto CEO Richard Parrillo, UA has spent $80 million dollars defending PIP suits over the last 4 years. Perhaps the real reason for the rising cost of premiums is due to the insurance company's attorney's fees?

If you have been involved in an car or truck accident in Florida and your PIP insurance company is refusing to pay the medical bills, contact an experienced PIP lawyer to protect your legal rights.

Most people believe that taking antibiotics is relatively harmless compared to the benefits. But like every drug there are serious side effects associated with taking antibiotics. For instance, Levaquin and the generic drug Levofloxacin are the most popular antibiotics prescribed in the United States. Johnson and Johnson, the makers of Levaquin, reported sales in excess of $1.5 billion last year.

Levaquin is part of a class of antibiotics known as Fluoroquinolones. Other Flouroquinoloes include Cipro and Avelox. These drugs are commonly given to treat bacterial infections of the sinus, urinary tract, kidney, prostate and skin. They are also given to treat anthrax poisoning.

Our Florida medication injury lawyers are advising our clients about the dangers of taking Levaquin and other antibiotics. Studies have found an increased risk of tendinitis, tendon ruptures and rotator cuff tears. At the highest risk are patients over 60 years old, or those who have had kidney, heart or lung transplants. Sometimes the tendon injuries occur during Levaquin treatment and or can develop months later.

The FDA has issued a Black Box Warning for Levaquin . Black Box Warnings are designed to highlight the risks associated with particular prescription drugs but is not the same as a recall. Most consumers are unaware of Black Box Warnings because doctors rarely tells their patients.

So far, thousands of Levaquin patients have filed lawsuits for tendon and rotator cuff damage. A Minnesota man, just won a $1.8 million jury verdict including punitive damages against Johnson and Johnson for Levaquin. And a New Jersey jury found J&J wasn't liable for tendon injuries suffered by two men treated with the drug.

Many experts believe that antibiotics are too easily and frequently prescribed by doctors. Therefore, creating an antibiotic immunity to more serious infections, like hospital acquired pneumonia and antibiotic-resistant Staphylococcus aureus (MRSA). In an interview by the New York Times, Dr. Mahyar Etminan,a pharmacological epidemiologist at the University of British Columbia, said that these... "drugs were overused by lazy doctors who are trying to kill a fly with an automatic weapon." His published study in The Journal of American Medical Association (JAMA) found that Fluoroquinolones users had a risk of developing a retinal detachment.

As a Miami lawyer who sues drug companies I suggest that antibiotic use should be carefully considered by patients who have an increased risk for antibiotic-related complications such as children, pregnant women and patients over 60 years old. Our Florida antibiotic injury lawyers recommend that when a doctor prescribes you an antibiotic, you should ask the following questions:

1. What is the name and class of the drug?

2. Is it really necessary?

3. What are the side effects?

4. If a side effect or complication occurs what should I do and when?

If you have taken Levquin and have developed an injury to a tendon, rotator cuff or other medical condition, you may have a right to file a claim. Please contact an experienced prescription medication attorney for information and advice on how to protect your potential legal rights.

By: Brandon Stein, Esquire

As a Miami construction site injury lawyer who sues employers, I was saddened by the news that another construction worker was killed in the line of duty by a vehicle traveling on the highway.

News broke early Wednesday morning that the 63-year old man was killed while working at a construction site near Interstate 90 in Ohio. Authorities say that the worker was putting up tarps in the work zone just before the car accident occurred. Apparently two separate cars were involved in the crash that led to the construction worker's death. The man had to be taken to a local Ohio urgent care center - where he ultimately was pronounced dead. It certainly is too early in the process to speculate whether any future lawsuit will be filed against the drivers of the cars or the construction worker's employer. However, given the fact that this car accident involved the death of a construction worker, I am certain that the Occupational Safety and Health Administration ("OSHA") will be investigating the incident.

For those of you that frequent my blog, Construction Site Injury News, you probably notice that many of the topics I address are often intertwined with OSHA regulations. OSHA is a government-based organization aimed to protect and ensure the safety and welfare of employees all around the country. When it comes down to it, all employees have the right to a safe workplace. Section 5 of the OSH Act of 1970 specifies that each employer must furnish a work environment that is free from hazards that cause or are likely to cause death or serious physical harm to employees. Additionally, the OSHA Act mandates that each and every employer must comply with OSHA's safety and health standards.

You, the employee, also have a right to ask OSHA to inspect your workplace, receive information and training about hazards and OSHA standards that apply to your particular job, and may receive copies of test results to determine whether hazards exist at your place of employment. For those of you that have never heard of OSHA, you are probably wondering whether or not your employer falls within OSHA's jurisdiction. Well, if you are an employee in the private sector, state or local government, or federal government, then your employer most likely has an obligation to abide by OSHA safety regulations.

Many OSHA safety violations occur on construction sites. Naturally, the dangerous equipment and tasks that construction workers are required to perform on a daily basis certainly place them in harms way. It is vital that an employee of a construction company be knowledgeable of OSHA's numerous rules and regulations. Perhaps, the most dangerous type of work a construction employee performs is roadway or highway construction work. No matter the task, a car accident involving a construction worker can happen in an instant - as was noted in the deadly highway construction accident that occurred Wednesday morning. As I have continuously seen in my practice, more times than not the employee is placed in a dangerous situation by his or her employer.

By no means am I asserting that the car accident involving the 63-year old construction worker was a result of improper conduct by his employer. As a Florida lawyer who sues employers, however, improper conduct must always be considered. It is very important for an injured worker's lawyer to weigh every possibility and consider that a violation of OSHA regulations by the employer led to the accident.

The OSHA website has a plethora of information pertaining to workers' safety, employer regulations, enforcement tactics utilized by OSHA inspectors, and much more. While an injured employee may be able to peruse through the site to try to pinpoint where his or her employer wronged them, this indeed would be a daunting task. So, if you are injured on the job in Florida, whether it is a construction site injury or something else, hiring a personal injury lawyer to guide you through the process of determining fault is a must.

There are over 15,000 nursing homes in the United States. Nursing home inspectors across the country find deficiencies and elder abuse every day. As a Miami nursing home injury lawyer, I recommend researching the home first to determine if it is safe and clean. Here are four ways to select the best Florida nursing home:

1. AHCA

Florida's Agency for Health Care Administration (AHCA) is responsible for licensing, regulating and inspecting Florida's nursing homes, hospices and hospitals. The AHCA website is a good place for consumers to compare the overall ratings, health inspections, staffing and quality measures of Florida nursing homes. The site also rates the severity of the each deficiency.

For instance the Villa Maria Nursing Center in North Miami was last inspected on August 5, 2011. Observations and deficiencies can be found in the Department of Health and Human Services Summary Statement ranging from moving residents without notice, missing bathroom tiles, wet blankets and finding residents injured on the floor.

2. CMS

The U.S. Centers for Medicare and Medicaid (CMS) posts the entire narrative inspection reports on line. AHCA has a link to the CMS site, but the problem is that neither site allows keyword searches by city, facility name or injury. For instance, if you wanted to compare nursing homes in different states, you would have to go to both websites and pull the inspection reports, deficiencies and complaints. This is burdensome and time consuming.

3. Nursing Home Inspect

The Nursing Home Inspect App makes finding a safe and clean nursing home for your parent or injured loved one easier. Their App provides all the information about any given nursing home in any state. You can search by facility name, location, deficiency and then compare the results to other nursing homes across the country.

When using the Nursing Home Inspect App try several different search terms to provide the most comprehensive information. For example, patients commonly get bedsores in Florida nursing homes. But, comparing the frequency of bedsores between nursing homes in different states is difficult since inspectors often describe bedsores as decubitus ulcers, pressure sores, stage 1, stage 2, stage 3 and stage 4. Therefore you should use several different key word search terms to obtain the most comprehensive report.

This app also ranks deficiencies by both severity and by state. For instance, Texas had 342 reported nursing home deficiencies compared to Florida's 37 cases. The most dangerous deficiency in a Miami nursing home occurred at the Golden Glades Nursing and Rehabilitation Center. A pediatric patient was transferred from a hospital into this nursing center with specific orders for the administration of her medication. According to the investigation and review of the records, the nurses failed to administer her medication timely and the child died.

4. Site Inspection

As a lawyer that sues Miami nursing homes, I realize that many accidents and violations go unreported and therefore, are not investigated. Do not rely only on published complaints and surveys in making your selection. Visit the facility on a number of occasions at different hours to see how well it is maintained. And speak with other residents and family members to evaluate their experiences.

Summer is over and our kids are back to school. Children around the country ride school buses every day. School buses are considered to be one of the safest forms of transportation because of their size, design and weight. Yet, sadly, every year, six school age children die in school bus crashes as passengers.

Everyone knows seat belts save lives. Seat belts have been required in passenger cars since 1968. But did you know that not all Florida's school buses have to have seat belts? In fact, Florida law mandates that only school buses bought after December 31, 2000 be equipped with safety belts. Older school buses do not have to be equipped with even if are in service. The law applies to any school bus used exclusively to transport public school students from Pre K to 12th Grade. However, certain vehicles not used to "exclusively" transport public students are exempt.

I suppose Florida's School Bus Seat belt law is designed to protect our children. But guess who has the legal responsibility to make sure that your child is using their school bus seat belt and that it is properly adjusted? The child. In other words, if a 9 year old girl is injured as a result of not properly using her seat belt on a school bus, it is her fault. Florida Statute §316.6145 gives complete legal immunity to the State of Florida, School Board, School Bus driver, teachers and chaperones if a Florida student suffers personal injuries for not waring a seat belt.

If your child takes a school bus to school, our Hialeah traffic accident lawyers recommend that every parent consider the following:

1. Inspect your child's school bus to determine if it has been equipped with safety belts. If the bus does not comply, notify your school district immediately.

2. Teach your children how to use and adjust a seat belt. They may be different in a school bus than your Prius.

3. Always wear your seat belt. Not just for your safety, but to mirror the behavior for your children.

4. Remind your child every day before leaving to use the bus's seat belt at all times.

This year a dozen children were injured, five critically and one died in a Florida school bus crash in St. Lucie County. 9 year old Aaron Beauchamp and 30 other elementary students were on their way home from school when a Peterbilt semitrailer truck collided with their bus. According to the Florida Highway Patrol, Aaron was belted, but it was loose fitting and not properly adjusted. Two other children, Kayla Jungjohan, 8, and Joey Yannucci, 10 -- had to be air lifted to a neighboring hospital and were put into medically induced comas. Our prayers are with the families.

The National Traffic Safety Board (NTSB) called for new school bus safety standards citing that side-impact crashes show the need for additional requirements. The National Highway Traffic Safety Administration (NHTSA), regulates school bus construction standards and gave manufacturers the option of improving bus seats or installing safety belts.

As a Miami Gardens lawyer for school accidents I know that there is much more that can be done to protect our children. I urge the legislature to ban the use of cellphones by school bus drivers except for emergencies, require that school buses be equipped with forward collision warning systems and expand the seat belt requirements to any school bus in use by a public school.

Red Vines licorice has been found to have toxic levels of lead. The American Licorice Company of Union City California makes Red Vines. According to the FDA, Red Vines sold in the one pound bag with the "Best Before Date" of February 4, 2013 has been recalled due to dangerously high lead levels.

Lead can potentially cause health problems, especially for small children and pregnant women. Lead poisoning can cause accidental brain damage. The symptoms of lead poisoning are vague and are often confused with other conditions. Some people have no obvious symptoms. The only way to know if there is lead in your body is to have a blood lead test.

Red Vines are made from molasses, wheat flour, corn syrup, caramel coloring, licorice extract, salt, and anise flavor. I am not sure how lead found its way into the recipe. According to Red Vines, an internal investigation into how the licorice became contaminated with lead is already underway.

The best lawyer advice I can give is that If you have Red Vines in your possession, do not to eat the candy and return it to the store your purchased it from.

If you have accidentally consumed the recalled candy, our Permbroke Pines injury lawyers urge you to immediately contact your doctor to determine if lead poisoning testing is required.

We currently represent a Florida woman in her claim against the Stryker Corporation for medical complications with her hip replacement device. The claimant is 71 years old and underwent hip replacement surgery in 2011. She hired our Miami hip implant claims lawyers after she began to experience problems with her Stryker Rejuvenate hip implant device.

On July 6, 2012, Stryker voluntary recalled two artificial hip implant systems, the Rejuvenate and ABG II. These two devices are made using a modular-neck hip stems. The necks are made of chromium and cobalt, and the stems are coated with titanium. Unfortunately, the metal parts grind against each other shedding metallic particles into soft tissue of the body. This is the same complications that people had with the metal-on-metal ball-and-socket designs made by De Puy.

High levels of cobalt have been reported in our client's blood tests. Metal poisoning can cause damage to the lymph nodes, vital organs, nerve damage and cardiac problems. For our client she will now have to undergo an implant replacement surgery.

4 Things Every Hip Implant Claimant Needs to Know:

1. Do not sign any papers with the manufacturer or their claims rep without having it reviewed by an experienced Stryker recall lawyer.

2. Do not surrender evidence. Your medical records, x-rays, MRIs, blood tests and the device itself are all evidence in your claim. Do not surrender them to the manufacturer without consulting a hip implant attorney.

3. Get a second opinion from another orthopedic surgeon. Doctors who have implanted patients with hip implants might be concerned you will sue them too. We suggest you get an independent medical evaluation for another Board Certified Orthopedic Surgeon to determine the best course of medical treatment.

4. Do not wait. Most legal claims do not improve over time. And some have very strict time limits for filing claims. If you believe you have a hip device that needs to be replaced or removed seek immediate medical and legal consultations.

Our Florida hip injury class action law firm was one of the first in the country to sue Johnson and Johnson for its defective Pinnacle Hip Implant Device. We are now aggressively investigating claims against Stryker. Contact our office for a consultation regarding your potential claim and compensation.

Today is my 47th Birthday. How did another year pass so quickly? As I sit behind my desk at work, I want to reflect for a moment on where I am and where I am going.

I recently finished reading Walter Issacson's biography of Steve Jobs. My father recommended it for me as something I had to read. As usual, he was right. It detailed the life of an extraordinary man with incomparable vision and creativity that seem tortured by extraordinary demons both professionally and personally.

Steve Jobs changed the world and deserves to be recognized in the same breath as Da Vinci and Einstein. But according to the book, he and his family suffered a lot on his journey. Ultimately, he died a slow and painful death with many amazing projects pending and undiscovered.

I took many things from the story of his life that both impressed and resonated in me as a lawyer, business owner, father, husband and son. 1- the need to balance my vision for helping people with my law firm's profit; and 2- the importance of collaborating with others and recognizing their contribution to my success.

Jobs passion and vision was unwavering. He had particular ideas on how his products should look, feel and function. And he stuck by his beliefs when virtually the entire computer-business world disagreed. At one point, he even was fired from his job as CEO of Apple, the company he co-created. Most importantly, occasionally and reluctantly he conceded his vision for perfection in order to make his business profitable. With these profits, Apple continued to innovate and grow.

As a Miami personal injury attorney, I sure can relate. Every day, I meet clients, hear the facts of their cases and research the law. I ask respected colleagues and experts for their opinions of the case and ultimately, have to rely on my own instincts as to whether or not to go to trial or when and how much to settle a case for. If I am wrong it can be very costly for my clients and for the members of my team, our vendors and their families who depend upon our success to survive.

I learned this year, for the very first time in my career that I had to prioritize case evaluations and selections on whether or not they made sense for my law firm as a business. Not too many lawyers like to admit and certainly not publicly that the practice of law really is a business. This is especially true in personal injury law, because lawyers take cases on a contingency fee basis, fund the case costs up-front and share in the results with their clients. If I take too many cases on, based upon my personal principles of justice, without regard to the return on investment for my law firm; I could go bankrupt. Because personal injury contingency lawyers not only have to win, they have to collect, in order to get paid.

I have been suing Florida doctors and hospitals for injuring and sometimes killing patients for over twenty years. When I started, in 1991 one of my very first cases involved a little boy who had a botched circumcision at Jackson Memorial Hospital. In those days, it was rare that a doctor could or would practice in Florida without medical malpractice insurance. Today, most doctors "go bare" with the hope that it will discourage any lawyer from taking a case against them.

Sadly, Florida law permits doctors to practice without malpractice insurance. Buried in §458.320 of the Florida Statutes is a provision that requires doctors to post a sign prominently in the reception area of their office proclaiming that they have decided not to carry medical malpractice insurance. Doctors who decided to do this must pay any judgment up to $100,000 if they do not have hospital privileges or up to $250,000 if they do. This may seem like a lot or even enough, but for most cases of medical mistakes, it barely compensates an injured patient or surviving family.

The real problem in Florida is that few lawyers can afford to take on a complex medical malpractice case against an uninsured doctor. Not because they are afraid they will not win, but because of the uncertainty of collecting once they do. The average medical malpractice case in Florida can cost nearly $100,000 in time and money to get to trial. Experts typically charge thousands of dollars to simply review a case and ten times that to travel and testify at trial.

Because there are so many obstacles and limitations placed on the legal rights of Florida's injured patients that most medical malpractice cases do not make business sense for patient's lawyers. Therefore, many injured patients in Florida are unable to obtain legal representation or any compensation for medical mistakes that result in injuries, lost time from work, additional medical expenses, pain and death.

Learning to balance and temper my desire to help those who have been injured by uninsured doctors along with my obligations to run a profitable law firm has been one of the most painful and difficult lessons for me to learn this year.

Understandably, many might question whether they would want to hire a lawyer that thinks of their case as a business investment. In reality you need to hire a Florida lawyer who not only believes in your case but has the means to fund and staff it to a successful conclusion.

Recently Aronfeld Trial Lawyers has begun to co-counsel with Whitfield, Bryson & Mason a national law firm with offices Kentucky, North Carolina and Washington, D.C. on a number of complex cases. I am excited about our new collaboration with these brilliant lawyers and talented paralegals. This alliance allows both firms to continue to provide our clients with the best possible legal representation. Amanda Mkamanga, their spectacular complex litigation paralegal, is already working in Miami on a number of our cases and helped edit this blog.

Jobs was often criticized for taking credit for things that were done by his team. Frequently, I undeservedly get all of the attention for the success of my law firm. But unlike Jobs I want to make sure I publicly acknowledge and thank my entire team for their loyalty, commitment and hard work. I am grateful to Kitty, Brandon, Dom, Gloria, Maria, Manny, David and my dear friend and our newest family member Bob Brown for all of their help in providing our clients legal representation.

Thank you to Elliott and Ellen at Worldwide Reporting Service and to Ian and Tara at Saurian Litigation Support for transcribing and videotaping all of our depositions. And thank you Urs Ebner for keeping our computers running.

And of course, my wife Dina for her tireless work with Lawyers to the Rescue and the Attorney Breakfast Club. Thank you all.

The 2012 Presidential election is just days away. Voters need to know now where the candidates stand on certain "key issues." For most it is the economy, taxes, abortion, gay marriage and healthcare. These issues concern me too. However, for our Ft. Myers Stryker hip implant claims lawyers the most crucial issue is tort reform.

What is tort reform? Tort reform is a group of ideas and laws designed to change our civil justice system; making it more difficult for injured people to a file lawsuit, obtain a jury trial and receive fair compensation.

I have spent over twenty years of my life helping people hurt by careless drug companies. As a Florida class action attorney for people with defective hip implants I believe that national tort reform will help corporations at the expense of injured people.

For instance, a 70 year old Aventura woman is already having problems with her Rejuvante hip replacement system made by Stryker. Styker claimed the ceramic design would last longer and fit better. Yet, her implant, just a year old, is already causing her serious medical complications including elevated cobalt levels. Stryker has now voluntarily recalled its Rejuvante Modular and ABG II modular neck hip stems due to corrosion.

DePuy also recalled its metal hip replacement systems because they kept breaking down and patients were developing metallosis. Our Boca Raton hip implant lawyers already represent people with DePuy hips are suing DePuy and Johnson and Johnson its parent company, alleging that they knew there were problems with the implants before they were sold.

Metallosis or cobalt poisoning is a medical condition that develops when metallic debris builds up in the soft tissues of the body. Patients with metal hip implants have a high risk for developing cobalt poisoning. The symptoms include pain, rashes, hearing and sight loss and may require immediate removal of the implant.

If you have a Stryker or DePuy hip implant you should contact your orthopedic surgeon immediately for diagnostic testing. If you do not know the kind of implant you have, schedule an office visit with your surgeon and ask to see your medical records.

What does hip implant claims have to do with the 2012 Presidential election? Mitt Romney supports national tort reform. He says our justice system is out of control and pledges to increase the legal protection that U.S. corporations like Stryker, DePuy and Johnson and Johnson already enjoy.

According to Mr. Romney, last year American corporations spent more money defending claims than on research and development. Assuming this is true, does that mean that DePuy or Stryker would rather defend lawsuits than build safer products? Perhaps it is more profitable to pay claims than spend money on safer designs, testing and warnings?

Many Americans support tort reform and ridicule personal injury plaintiffs and their lawyers. Clint Eastwood got a standing ovation at the Republican National Convention when he remarked that lawyers do not make good presidents. Little did he realize that both Mr. Romney and President Obama are law school graduates.

As long as corporations continue to market and sell dangerous hip implants, medications and surgical devices like vaginal mesh, only juries will hold them accountable for the harm they cause. I just hope that Mr. Romney does not need a hip replacement any time soon.

Sadly, 300 people a year drown to death in their own car or truck in the U.S. alone. The third leading cause of death in Palm Beach County Florida is drowning in motor vehicles after crashing into a canal. In Florida, this happens to drivers that fall asleep behind the wheel and drift off the road or get hit by another car or truck. It only takes 6 inches to 2 feet of water to cause a vehicle to float off its wheels. And most cars can only stay afloat between 30 seconds and 4 minutes. Often electricity shorts out immediately after hitting the water.

Florida's most dangerous drownings occurs if a car goes nose down into a canal. The increased pressure on the doors make them impossible to open. Once the electricity goes off, panic sets in causing the occupants to consume more oxygen. Often they lose consciousness; making an escape unlikely.

Our Coral Gables PI law firm is committed to driver safety and the prevention of drowning injuries and deaths. We urge every vehicle owner to purchase an escape tool that can quickly punch out a window and cut a seat-belt. These tools can save your life by allowing you to escape from a sinking vehicle.

As a Doral car accident lawyer I strongly recommend LifeHammer which can be purchased at hardware stores and on Amazon for less than $15.00. What is great about the Lifehammer is comes with a mounting bracket to keep it in place within your vehicle's console until needed. I am not sure whey these types of devices are not required in all vehicles as they can save lives.

Here are 5 ways you can save your own life if your car or truck gets submerged in a Florida canal or flood.

1. Keep several escape tools in the car and one in the glove box. They can be hard to find in a panic situation.

2. Release your seat-belt immediately.

3. Open your window.You may have to wait until the car fills up with water to equalize the pressure inside the vehicle so you can release the door.

3. Keep your hand on the door handle at all times and keep trying to open it.

4. Escape together. Once the door opens; all passengers should hold hands and escape together.

5. Rehearse the escape drill with family and children before leaving on a trip.

Remember the primary goal in the event you find yourself in a sinking vehicle is to get yourself and your passengers out as quickly as possible. Under no circumstances should you sit and wait with the hope that help in on the way.

Do you really need to hire a lawyer after a Florida car accident? I get asked that question a lot. And the answer is; yes, regardless of the circumstances. Here are five reasons why:

1. It may not be as simple as it looks.

All car accidents and injuries are different; but In order to fully evaluate each specific case, you need to consult with a lawyer. As a Miami lawyer that sues for car accident insurance settlements I recommend that if you are seriously hurt in a car, truck or motorcycle accident to hire a lawyer before talking with an insurance claims adjuster.

2. You get the benefits not some clinic.

In South Florida, I hear radio advertisements constantly trying to lure crash victims to some "accident clinic" promising benefits of up to $10,000. These ads are misleading and geared to accessing just PIP medical benefits rather than reimbursing claimants for lost wages. Even in small damage car crashes, those insured with PIP are eligible for lost income reimbursement. Most people simply do not know about this.

The definition of Florida's PIP requirements are buried deep in Florida's Insurance Statute §627.736. Most are unaware that PIP pays sixty percent of any loss of gross income and loss of earning capacity. PIP's lost wage benefits pay those who cannot work after a car, truck or motorcycle accident. The statute defines lost wage benefits as "disability benefits" and insurance companies are required to make payments every two week up to $10,000 or the remaining balance of PIP.

3. Death Benefits for the Family.

Florida's PIP law also requires the insurance to pay $5,000 in death benefits per person killed in a car accident, regardless of fault. PIP death benefits are paid to blood relatives, adopted relatives or the spouse. Sometimes, an estate has to be opened in probate court to process the disbursement.

4. PIP is a maze on top of a minefield.

Florida's PIP statute is a legal maze requiring strict compliance for full benefits to be paid. Car insurance companies count on people failing to follow the statute so that they can deny the claim. Insurance companies routinely defend PIP cases and blame their own customers for not meeting the rigid notice requirements.

Insurance companies are always happy to deny coverage. However, a simple denial does not always mean that there is no coverage. Especially, in a Florida car accident with a drunk driver; one should have an experienced lawyer review the policies and investigate the accident to verify coverage from other sources such as a restaurant, bar or liquor retailer.

In 2012 Florida's legislature reformed the PIP Law. Now people hurt in car accidents have to receive medical treatment within 14 days from qualified and licensed medical providers to qualify for PIP benefits. Massage therapist and acupuncture treatments are no longer covered by PIP.

Under the new law, policy holders are obliged to appear for sworn statements and physical examinations. These new obstacles are all designed by the insurance industry to make it as difficult and inconvenient as possible for anyone trying to obtain PIP benefits.

5. Insurance companies profit when they do not pay claims.

Most Florida drivers have no bodily injury insurance. Our South Florida truck accident lawyers always recommend that our clients buy Uninsured Motorist Coverage. Without Uninsured Motorist coverage most Florida accident victims will never receive adequate compensation for their claims.

Therefore, when medical care, hospitalization or surgery is required you should consult with an experienced Dade County accident attorney; because insurance companies are designed to minimize the amount of compensation the victim receives. Simply put, the less insurance companies pay out in claims the more they keep as profits.

The Insurance Research Council holds itself out as an independent, not-for-profit organization that conducts research for the insurance industry. It recently published a report outlining the growing use of chiropractic treatment and magnetic resonance imaging MRIs in Florida car and truck accident insurance claims. It found that whenever attorneys are hired for car accident claims; the insurance companies paid more per claim.

Since car and truck accident insurance companies hire experienced lawyers, licensed claims adjusters and are able to get insurance laws changed in their favor, I believe you should be represented and protected by your own lawyer too.