Florida Injury Lawyer Blog

Obtaining your medical records in Florida is essential for understanding your care and treatment and whether a viable claim may exist for medical negligence or hospital malpractice in Florida. Florida Statute Section 766.204 is the Florida law that requires healthcare providers to provide medical records to patients or their families.

Yet obtaining your own medical records in Florida can often be a daunting proposition. Doctors and hospitals seem protective, often changing and sometimes destroying patients' medical records to create a legal defense to medical malpractice or hospital neglect in Florida. In Florida, all patients have an absolute legal right to access to their medical records, though access can prove difficult. Section 766.204 (1) requires Florida's healthcare providers to produce any medical record that is relevant to any litigation of a medical negligence claim to a claimant or to their attorney within 10 business days of a request for copies. The hospital has the right to request a reasonable payment. It is not acceptable for the health care provider to refuse copies of medical records that they are not yet finished or that there is medical bill outstanding.

If the healthcare provider fails to provide copies of the medical records, or demands an unreasonable charge, it will be considered that the healthcare provider did not comply with the good faith discovery requirements of Florida's medical malpractice law and has waived any requirement for the victim to get an expert witness affidavit to comply with Florida's Medical Malpractice Presuit Requirements.

Often patients are not provided with the details that doctors put in their records regarding the differential diagnosis, treatment plan or options. After over twenty years of representing injured Florida patients, I have learned how different the patients perspectives often are from what the doctors actually write in the records. The most common "mistake" regards follow-up appointments or referrals for further diagnostic testing. A doctor will typically write in his records that a patient should follow up in 10 days or get a specific test. However, for some reason patients rarely get this information or understand this. I have often had conversations with clients who do not return to the their doctors for follow-up appointments as prescribed in the records. When I ask, why, the always say, that the doctor did not tell them or "nobody from his office ever called."

This type of miscommunication is also common in Pembroke Pines truck crash claims and pedestrian car accidents. A patient will be given discharge instructions, but not a copy of the complete chart. As a South Broward rollover car wreck lawyer, I highly recommend that you ask for a complete copy of your entire chart, including the last visit. This is vitally important for several reasons. You want to insure that your complaints, signs and symptoms have been properly documented and understood by the medical treater and also, and equally important, that you have understood the diagnosis and follow up instructions.

Lastly, most of our North Miami traffic accident injury clients have a number of doctors working on their health issues both before and after a car wreck. Often, one specialist, like a cardiologist, does not know that their patient has recently been injured. We recommend that you provide a copy of your medical records from each visit to all of your doctors so that they can all be on the same page and bring an integrated approach to your medical care and treatment. This is especially crucial if you are receiving various medications from different providers that might be contraindicated when taken together. We believe that the best approach lies with creating a secure on-line presences to keep all medical records and appointments available to health care providers.

Unfortunately, the viability of electronic health records looks dismal after the rare failure of Google Health. Yet in integrated health systems around the country they have been implemented and utilized by patients. Google's failure creates a huge opportunity to address the fragmentation of our country's healthcare records. I think this would be a huge opportunity for job creation, while improving healthcare and eliminating the potential for doctors and hospitals to make mistakes. Governor Scott, are you listening?

As a Miami Gardens rollover car crash lawyer I am frequently asked by clients what kind of car would I recommend they purchase. While most people would think that a Miami personal injury attorney would recommend a Ferrari or Aston Martin, I really believe that the safer the car the better. Generally speaking, our Miami-Dade County car accident injury lawyers recommend the following 4 things be considered before purchasing or leasing your next car, minivan, crossover or truck. I just purchased my wife a Volvo XC-90 and here is why:

Crash-worthiness means how well a particular car or truck will protect its occupants in a crash. We all know that we will get in car accidents, the only question is when and how serious. So we recommend that you consider the following 4 things before the purchase or lease of your families next car, truck, minivan, or crossover. The Insurance Institute for Highway Safety rates vehicles based on "good," "acceptable," and "poor." They test high-speed front and side, rollover and seat/head restraints. They do not, for some inexplicable reason, test rear-end crashes. Is your current car, truck, minivan a Top Safety Pick? Click here to find out.

1. The heavier the better. That means, the heavier the car the less likely the occupants will be injured in a car wreck.

2. The bigger the better. Bumper height of a Mini-Cooper is significantly lower than that of a Hummer. You want your bumper to be as high as possible.

3. The newer the better. Tremendous gains have been made in vehicle safety technology in recent years. Improvements in airbags, anti-lock brakes, bumpers, and electronic stability control can vastly reduce the severity of accidents and injuries. Crash avoidance technology help the driver operate a vehicle more safely by utilizing warnings and automatic braking to avoid crashes. Volvo invented a system called "Blind Spot Info System (BLIS)" which is a camera that helps drivers visualize the presence of cars in their blind spots. Forward collision warning and mitigation systems alert the driver when the vehicle is getting to close to or in front of it. Lane departure warnings and preventions systems use cameras to track the vehicle's position within the lane, alerting drivers to a danger if they inadvertently stray across lane markings. Fatigue warning systems will use sophisticated algorithms that combine a drivers eye blink rate and duration contrasted against driving behavior to alert a driver who seems inattentive or who may have fallen asleep.

4. Back That Thing Up. Back up detection systems can save the life of a small child that is behind a vehicle but obscured from site. Utilizing either a camera or radar mounted on the rear bumper, drivers are provided a view of objects located behind a vehicle. According to Kids in Cars.Org a national organization devoted to the protection and safety of children and cars, at least fifty children are being backed over by vehicles in the United States EVERY week resulting in 2 fatalities. Sadly, the average age of victims of back up and back over incidents is one year old. Most back up accidents involve trucks, vans and SUVs with nearly all of the drivers being a parent or close relative.

Our Coral Springs car wreck lawyers hope you will never get into accident. We are dedicated and passionate about keeping our Florida's drivers and passengers safe.

Florida's Personal Injury Protection insurance (PIP) started back in 1971 when Florida became only the second state in the US to adopt a "no fault" automobile insurance plan. The plan was devised to counter the number of law suits for Florida car accident claims by providing a "quick and efficient" means to compensate those injured in a Florida car wreck.

The principle underlying no-fault insurance is that it is supposed to guarantee the payment of medical expenses, lost wages and death benefits to a party regardless of who is actually at fault for the crash. Since its inception, more than a dozen other states have adopted a similar no-fault insurance provision.

Since I started representing people injured in North Miami-Dade County Florida truck crashes over twenty years ago, I have seen thousands of cases litigated on the issues of whether or not the victim's medical treatment was appropriate, adequate or related to the accident. This type of litigation is commonly referred to in Florida as a PIP suit. Florida PIP laws are governed by the Florida Motor Vehicle No-Fault Law. Generally the party who wins a question regarding a PIP insurance policy payment is entitled to attorney's fees under Florida's Attorney's Fee Statute §627.48.

According to a recent article in the Orlando Sentential, Florida's Governor Rick Scott with his Chief Financial Officer Jeff Atwater have put PIP on their sites for a major overhaul. The article quotes Governor Scott stating that Florida is plagued by "staged accidents" and "over billing," amounting to more than $910 million in fraud paid by auto insurance companies.

I wonder whether Governor Scott also has a plan to evaluate the amount of money that auto insurance companies bill their insured's for defending legitimate claims by paying defense lawyers and doctors to come to trial to testify against the injured? Or how much they spend on airing television commercials every fifteen minutes.

A new House proposal is aimed at limiting PIP coverage to just emergency room treatment and follow up care. That will put an unnecessary burden on the injured to "clog" up emergency rooms to get diagnosed to be treated for sprains and muscle aches. Unless of course, Governor Scott wants to increase traffic and PIP payments to hospitals?

While our policymakers and legislators focus on this year's session and on PIP in particular, as Key Largo car crash death injury lawyers, we hope that they will consider making Bodily Injury and Uninsured Motorist Coverage mandatory. Florida is one of the few states in the country that does not require the mandatory purchase of BI insurance. Mandatory Bodily Injury insurance will require that all owners and operators of cars or trucks in Florida have sufficient coverage to pay for the physical and financial damage they cause others. In other words, we believe Florida should have mandatory At-Fault insurance to cover the harm caused victims of Florida's negligent or careless drivers. If you agree click here to let Florida Governor Rick Scott know.

New Year's Eve can be a scary time for everyone. The fact that this year it falls on a Saturday night, and, as a Miami-Dade County drunk driver accident lawyer, I am very worried. A friend of mine is a doctor who does kidney biopsies for transplants. She recently told me that she is working this New Year's Eve because Jackson Memorial Hospital is expecting to need her on site for the anticipated number of patients needing emergency treatment following car, motorcycle and truck crashes

I have been a car crash lawyer in South Florida for over twenty years, and I know that most New Year's Eve car wrecks involve the use or misuse of alcohol and drugs. New Year's Eve is also the deadliest day of the year for pedestrians. Some are hit by drunk drivers; others simply fall down drunk and sustain head injuries. According to experts drunk walking is eight times more dangerous than every mile driven drunk. Shockingly, that means if you have to walk from a party to your home drunk, it is literally eight times more likely that you will die than if you had gotten behind the wheel of a car.

Our Monroe County Florida hit and run car wreck law firm recommends that this New Year's Eve our clients should avoid drinking altogether. But if they must revel make sure there is a designated driver who pledges to not drink at all.

There are a number of creative options besides calling a taxi or your mother to transport you home in most cities, including volunteers that provide the service for free. But if you are unable for any reason to obtain transportation home, simply call 911 and let them know your situation. It is far better than having them show up after an accident when it might be too late to save you or someone else. Miami has a number of free shuttle services available for South Beach party goers.

The National Institute of Health has a handy cocktail content calculator on its website to help figure out what the alcohol content is for mixed drinks. Depending on the recipe you can have one or two standard-sized drinks in a cocktail. The website contains some of the most common recipes used by bartenders today. It is important to note that all bars and restaurants are different in terms of their recipes and portions.

Unfortunately, Miami suffers from another New Year's Eve annual nightmare in the form of gunfire. For some reason, Miami-Dade residents are fond of discharging their firearms into the air on New Year's Eve. Miami Mayor, Tomas Regalado, and Police Chief, Manuel Orosa, have endorsed a "One Bullet Kills the Party" campaign to discourage Miamians from continuing this lethal tradition. It is both illegal and dangerous to discharge a weapon for a celebration.

Our Miami PI attorneys and staff wish you and your family a Safe and Happy New Year and we hope that you will decide to just stay home this year and watch Ryan Seacrest on television.

Continue reading "Miami's New Year's Eve Accident Nightmares " »

The Florida Supreme Court recently amended the Florida Rules of Civil Procedure regarding how mediations are conducted. I am a lawyer who helps car accident victims in Florida for nearly 20 years and I believe that a proper mediation is by far the best way to resolve disputes for both the injured victim and the insurance industry.

Meditations are a form of Alternative Dispute Resolution that allows parties to confidentially discuss resolving cases rather than battling issues out in front of a judge and jury. The new rules require the appearance of a party or the party's representative at mediation with the actual authority to resolve a claim. This will eliminate having lawyers call insurance adjusters who have not participated in the process for additional authority.

The Florida Rules of Civil Procedure 1.720 are now amended to adopt the Supreme Court's recommendations. Specifically, parties now have to physically appear at a mediation conference with the attorney of record. The insurance company must now send a representative who has the "full authority to settle" and is the "final decisions maker". If the party is a public corporation the party needs to send a representative to the mediation who can act on behalf of the corporation and settle the claim.

Now, parties are required to file with the Court 10 days before the mediation a "Certification of Authority" indicating who will appear at the mediation conference identifying the person or persons with the authority to resolve the claim. Failure to appear at a duly noticed mediation will result in sanctions. The Court will have the ability to sanction a party by imposing attorneys fees, costs and mediation costs for failure to send a person who has actual authority to resolve the case. This represents a huge improvement of the mediation process and should make resolving claims much more efficient.

Now if only we could force parties to attend mediation prior to filing a law suit for personal injuries or medical malpractice in Florida I believe that fewer cases would be tried to a jury, eliminating the mounting pressure on our over-taxed system of justice.

Since our Miami car accident lawyers have represented injury victims for over twenty years we understand that while some accidents are unavoidable the extent of the injuries often depends on the safety of the cars involved. Very often, the difference between a safe car and one that fails to meet national standards can mean the difference between simply walking away from an accident or being seriously injured or killed.

The Insurance Institute for Highway Safety (IIHS) is a not-for-profit group financed entirely by the insurance industry. As a Broward traffic accident lawyer, we study closely the recently released IIHS 2012 list of Top Safety Picks, with a record breaking 115 passenger vehicles receiving the distinction of being a Top Safety Pick. Utilizing the IIHS study will help drivers make better-informed selections about the cars they drive.

Crash-worthiness is the study of how well a particular car protects its occupants in a crash. The IIHS rates vehicles in four separate tests. High-speed front and side crashes, roll-overs and rear-enders. It also analyzes seat restraints and head rests to determine the probability of sustaining a neck or back injury in a rear-end crash.

For any vehicle to score a Top Safety Pick it has to have good ratings in all four tests. Our Broward County car crash lawyers cannot recommend that any of our clients drive mini-cars. Surprisingly there are only four mini-cars that were deemed to be safe enough to be a Top Safety Pick. The Mini Cooper which seems to be very popular on the streets of South Florida did well in front impact crashes but scored poorly in side impact and roll-over tests.

It may not be sexy, but Suburu with the most models receiving 2012 picks while BMW has the least. Honda was the manufacturer deemed to be "most improved" due to increases in roof strength in 2012. To find out how will your car did, click here.

Our Miami car accident lawyers are currently representing an injured Florida construction worker hit by a car while on the job. Florida's roads are seemingly always under construction or repair. From Jacksonville to Key West, Florida's Department of Transportation (FDOT) and its sub-contractors are focused building new or improving existing roadways often resulting in catastrophic injuries. . Much of the repair and improvement work, is performed on roadways that are open to heavy traffic in urban areas like Miami and Fort Lauderdale.

To avoid major traffic jams cities are seeing more traffic roadwork done at night. The combination of road repair work done during heavy traffic and the increase in night work results in significant safety considerations for Florida's highway and construction workers and drivers.

Florida Statute Section 316.079 requires drivers to yield the right-of-way to a pedestrian construction worker or flag person who is engaged in maintenance or construction work. In addition, drivers are responsible to yield the right-of-way to escort vehicles or a flag person.

Many roadside workers believe that simply wearing any safety vest and helmet provide enough visibility to avoid an accident. What many do not know is that safety vests come in many styles and classes. According to the Federal Highway Administration's (FHWA) Worker Visibility Final Rule, "All workers within the right-of-way of a Federal-aid highway who are exposed either to traffic (vehicles using the highway for purposes of travel) or to construction equipment within the work area shall wear high-visibility safety apparel."

As a Broward lawyer who represent injured roadside construction workers I recommend that only Class III visibility vests be worn. These vest offer the greatest visibility and make the wearer stand out against a variety of different backgrounds. Class III visibility vests allow workers to be easily seen through a full range of body motions at a minimum of 1,280 feet by using special reflective material that increases visibility beyond what is provided by Performance Class 2 apparel. For instance, Class III garments help drivers differentiate a worker from a static traffic control device like a barricade or delineator.

Our Pembroke Pines car crash lawyers are dedicated to keeping Florida's roads safe for both drivers and for the many who work to keep them maintained and clean. We strongly urge the use of Class III safety garments. They can make the difference between life and death for a worker, especially in highly congested areas, nighty work, during bad weather or in complex work zones with multiple lane shifts. We believe that employers have the responsibility to provide appropriate safety equipment for their workers and should be held responsible if they are injured due to a lack of driver visibility.

Continue reading "Florida Car Accident with a Construction Worker" »

I am a North Miami Beach car accident lawyer and I was surprised and a little offended at a recent New York Times article that claimed that women were more likely to get injured in a car wreck than male drivers.

The immediate response to many who read this, was simply that women are worse drivers. But our Florida car accident lawyers believe that the University of Virginia study that was the basis of the research, "Vulnerability of Female Drivers Involved in Motor Vehicle Crashes: An Analysis of US Population at Risk," deserves a closer look.

The analysis consisted of a retrospective cohort with national crash data between 1998 and 2008 to determine the role of driver gender as a predictor of injury outcome when involved in a crash.

The study authored by Dr. Dipan Bose, focused on the the statistical odds, comparing the injuries that a seat-belted female driver sustained compared to a male driver in a comparable crash. The result were that women have a 47% higher likelihood of sustaining a severe injury than male drivers. We believe this is as result of multiple issues more likely attributable to vehicle regulations and safety designs rather than hormones or chromosomes.

For instance, the study found that women are on average 5 ½ inches shorter and 35 pounds lighter than males. In addition, more women drive passenger cars than men. In addition, female drivers are more prone to cervical injuries due to differences in neck strength and musculature in relationship to the positioning of head rests.

Our Coral Springs car safety accident lawyers believe that most cars have been defectively designed products if intended to be purchased and used only by men. This study clearly shows that women desperately need safety features that take their physical differences into account. We recommend that all drivers and passengers use seat belts and properly adjust head restraints for maximum safety.

Our Homestead car crash lawyers are sadly familiar with the consequences of mixing alcohol, drugs or chemicals with driving. We are committed to help stop drunk driving forever and protect families from experiencing the devastation and loss associated with intoxicated motorist.

According to Mothers Against Drunk Drivers the most common signs to be aware when driving among other motorist is:

1. Quick acceleration or rapid deceleration


2. Tailgating


3. Weaving and/or zig-zagging across the road


4. Driving on a sidewalk or on lawns


5. Striking an object, curb, or vehicle


6. Erratic braking


7. Drifting in and out of lanes


8. Inconsistent turn signals


9. Delayed response to traffic signals


10. Straddling center lane markers


11. Driving without headlights at night


12. Swerving


13. Driving much slower then the speed limit


14. Abrupt or illegal turns

    
    

    Our South Miami car accident lawyers recommend that if you see or suspect someone is driving under the influence to stay as far away as possible. Do not try to stop or follow the car. Contact 911 and report the vehicle and if possible the tag number. It is best to leave safety to the professionals and not attempt to disable a suspected drunk driver's vehicle.

    Florida's DUI statute includes alcohol, chemical and controlled substances. It is an offense to drive in Florida if there are impaired normal faculties, or a blood alcohol or breath alcohol level above .08. The penalties in Florida for DUI range from $500 to imprisonment depending on the number of prior convictions as well as whether or not there is injury to person, property or death.

    Since 2002 Florida's Statute §316.193 requires that ignition interlock be installed on certain persons convicted of a DUI and are eligible for reinstatement of either a permanent or restricted license.

Sadly, as a Florida car and truck accident lawyer, I have represented families of teens killed in car accidents. Surprisingly, car crashes are the leading cause of death for Florida's teens. Statistics show that teenaged drivers face the greatest risk of injury or death in their first year of driving. In fact, one out of every five licensed 16-year-old drivers in Florida will be involved in a serious traffic accident.

Our Broward County injury lawyers recommend that parents of teenaged drivers understand that Florida law requires a teen to spent a minimum of 50 hours behind the wheel of a car when the apply for a driver's license. That means that either the parent or another responsible licensed adult must sit in the front passenger seat closest to the driver.

Florida law permits teens 15 years of age to apply for a Learner's License. The are required to pass and complete a Traffic Law and Substance Abuse Course, written test, vision test, hearing test and obtain a signed Parental Consent Form.

16-year-olds are only permitted to drive between 6:00 AM and 11:00 PM. They may drive at any other time but must be accompanied by a licensed driver of greater than 21 years of age in the front passenger seat or be traveling to or from work.

17-year-olds are permitted to drive between 5:00 AM and 1:00 AM but must be accompanied by a licensed driver of greater than 21 years of age passenger seat at all times.

18-year-olds may obtain a fully privileged driver's license in Florida.

As a Fort Lauderdale car wreck lawyers believe that that primary reason that teenaged drivers are involved in a disproportionate number of accidents is that they simply do not understand the risks associated with driving their lack the hours of experience compared to more mature drivers. Teens are also more likely to be distracted by texting, passengers, talking on cellphones or other drivers. Studies show that teenaged brains are still developing which impacts the ability to make rational and safe decisions.

As a Miami car accident lawyer, our office investigates dozens of Florida car crashes a month on behalf of injured car crash victims. As the economy worsens, more and more accidents involve uninsured or under-insured parties.

Florida law requires that every [private car or truck owner or operator comply with the minimum insurance requirements. Florida Statute 324.021 defines the insurance requirements and the requirements of proof of financial responsibility. Many Florida car crash victims are confused between the two terms.

Florida requires only two kinds of insurance to own or operate a car or truck: Personal Injury Protection (PIP) of $10,000 and Property Damage Liability (PDL) of $10,000. PIP is designed to provide payment to the owner or operator for medical bills or lost wages regardless of who is at fault for the accident. Accordingly PIP is commonly referred to as "Florida's No-Fault Insurance." PDL is for payment of property damage to the not-at-fault party's car, truck or personal property.

To me, as a Miami car accident lawyer, it seems a strange and confusing scheme. Florida demands that we insure our own medical coverage for up to $10,000 (presumably to protect doctors and hospitals) and the other person's car or personal property damage. There is no mandatory Bodily Injury (BI) or Uninsured Motorist Coverage (UM) in Florida. Therefore, in Florida, there is no obligation to buy insurance that would pay the injured party damages for pain, suffering, disfigurement, disability or loss of the quality of life.

Ironically, buried deep in the Financial Responsibility Chapter of the Florida Statutes is Section 324.021 (7)(a) which requires Florida drivers or owners to "respond" in the amount of $10,000 if they cause bodily injury or death to an other person in any one crash. Section (b) extends the requirement to $20,000 if there are two or more persons who are injured or die in the crash. Florida car owners and drivers are to comply with this requirement by providing "Proof of Financial Responsibility." The problem is that the overwhelming majority of Florida drivers are not insured nor have they complied with the required proof. Please note: the proof is only required after an accident has occurred.

There are numerous and complex exceptions to the rules as well as severe consequences for failure to comply including a waiver of tort immunity. Different requirements apply to commercial and lease vehicles. Our South Florida Personal Injury law firm recommends that any owner of a car in the state of Florida consult not just with their insurance agent or broker but a competent and experienced auto accident or traffic wreck lawyer who can guide and direct you into acquiring the appropriate insurance coverage for you and your family. It is always better to obtain the insurance BEFORE you are involved in a car accident.

Continue reading "Driving Without Insurance In Florida " »

Estimado Abogado en la Florida Spencer Aronfeld,

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?

Gracias,

Accidente Automovilístico en Cooper City, Florida

Estimado Accidentado en Cooper City, Florida:

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.

Le garantizo que la defensa y los abogados de las compañías de seguro de la Florida contrataran y seleccionaran sus médicos con mucho cuidado para examinar y declarar en contra de usted.

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.

Espero que le haya servido de ayuda, deseándole una recuperación rápida y segura. ¿Tiene alguna pregunta relacionada con accidentes automovilísticos en el Sur de la Florida para Spencer? Envíeme su correo electrónico a aronfeld@aronfeld.com.

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.

Dear Spencer:

I just had a car accident and have not yet been to a doctor. What kind of doctor should I see after my car crash to best help my case?

Thanks,

Car Crash in Cooper City

Dear Cooper City Car Crash:

I appreciate your email and want you to know how lucky you are that you have a choice in picking your doctor. Many people involved in car wrecks in Florida are taken to a hospital and undergo care and treatment without any control as to who they see. I am concerned that you are asking me what kind of doctor you need to help your case rather than for your well being. I hope I did not misunderstand your email, but I advise you and anyone else that has been in an accident, to do what is in the best interest of your health and well-being and not what might help or hurt your case.

Assuming I misunderstood your email, and I apologize if I did, there are a number of medical specialties that help diagnose and treat injuries. Orthopedic surgeons generally treat broken bones and injuries to the tissues and muscles that surround them; Neurologists treat and care for nerve injuries and brain damage; Pain Management Doctors and Physiatrists can help you with tolerating the pain while you heal; Chiropractors and Acupuncturists provide excellent care for those who like the most non-evasive and natural approach to treatment. I usually recommend that our clients see a variety of specialists to make sure that all of their injuries are both diagnosed and treated. Often doctors will overlook complaints that can be significant if they fall outside of their expertise. For instance, an orthopedic surgeon who might be treating your broken clavicle might not notice the subtle cognitive limitations of a mild traumatic brain injury.

Most importantly, you need to have a doctor that is both qualified and experienced. We recommend that you check with the Florida Department of Health website to verity that your doctor is licensed and Board Certified. I also recommend that you steer clear of a clinic that offers multiple specialties under one roof, catering only to car accident victims. These types of places may not be able to provide the level of care one needs for significant injuries and may be more focused on your PIP Insurance benefits than your health. In the end, should your injury result in a claim, the value of your claim can be directly related to the quality and reputation of physicians you have selected. Think of it in terms of selecting players for a team, because in trial, your doctors will also have to serve as your expert witnesses. If you have a weak group of doctors who cannot or will not advocate for you as their patient and withstand the scrutiny of cross-examination you probably will not win your case.

I guarantee that the defense and their insurance company lawyers very carefully select the doctors they hire to examine and testify against you. They do not necessarily hire the kindest and most gentle neurologist or orthopedic surgeon they can find. They certainly do not use doctors based upon their surgical technique or patient satisfaction survey. They hire doctors that are ready, willing and able to come into a court room, look you and your attorney in the eye and then gently turn to the jury to tell them you are not injured. This happens every day in courtrooms across Florida. That is why as a Florida lawyer specializing in car accidents, I caution you to proceed slowly if you are not seriously injured before you make a claim. Do not allow the claim to dictate your care and treatment. Rather, go to the very best doctor you can find or ask a lawyer you trust to make suggestions.

I hope this helps you and we wish you a safe and speedy recovery. Got a question about your South Florida car wreck for Spencer? Email me here and we will respond.

Surviving a serious car or motorcycle accident in South Florida with only minor injuries is nothing short of a miracle. However, in Florida, those responsible for causing car accidents are also legally responsible if the injured subsequently suffers sub-standard medical care. Our Florida car crash injury law firm is currently investigating a potential claim where a young mother who survived a crash with seemingly minor injuries may have been exposed to potentially negligent medical care which led to her sudden death. She leaves behind a small son and many unanswered questions.

The Florida Supreme Court ruled in 1997 in the landmark case of Stuart v. Hertz Corp. that if one's injuries are aggravated or increased by a medical mistake, the original tortfeasor is liable. The"Hertz Doctrine" has been applied in cases where the defense argues that the care and treatment a claimant received was not reasonable and necessary. In Nason v. Sharanksi, Florida's Fourth District Court of Appeal reversed a trial judge for failing to give the Hertz jury instruction after the defendant in a car accident tried to allege that the plaintiff's neurosurgeon, Dr. Charles Tehofilios, a board certified neurological surgeon performed an unnecessary removal of a herniated disc and two spinal fusions.

Accordingly, those who cause injuries in Florida car accidents are now responsible for any additional injury, or even death, caused by the subsequent medical treatment. This is particularly important in terms of signing releases in car accident claims before a person's injuries are fully diagnosed or treated. Many insurance companies include language in car accident releases that could be used to prevent claims against medical providers for injuries that may not have even occurred yet or for damages that are yet to be diagnosed. We strongly recommend that before signing any release for a car accident that you have it reviewed by experienced and competent Miami car accident lawyer that can protect your legal rights.

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