Florida Injury Lawyer Blog

As a Florida lawyer who sues universities for not having proper security and a former resident of the University of Miami's Mahoney Residential College dormitory I was alarmed to read about the recent arrest of Jiahao Yuan, the Chinese exchange student was found "inappropriately touching" two sleeping co-eds.

What disturbed me the most, as a Miami lawyer who represents victims of sexual assault was not the fact that it took the University of Miami Campus Police nearly six hours to apprehend Mr. Yuan; but that the girls were apparently sleeping with their dorm-room doors unlocked. I personally lived in Mahoney some twenty five years ago, and it does not seem as though security at the University of Miami has improved much from my days as an undergrad in the 1980's.

The Coral Gables campus, like many colleges and universities across the country, is virtually a city within a city. Some estimate that there is a rape on an American college campus every 21 hours. In 47% of college rape, the victim receives physical injury.

Here are seven things our Miami campus injury attorneys recommend be implemented to increase dormitory security:

1. Dorm rooms should be equipped with the same self-locking key card doors that are found in both hotels and on cruise ships.
2. Doors should be equipped with a peephole.
3. Card keys should be re-calibrated every semester to avoid duplications.
4. Elevators should be equipped with a card key limiting access to certain floors.
5. Floors should be equipped with sensor lights are triggered by movement.
6. Digital recording surveillance cameras should be installed on each dorm floor with someone watching from both a front desk and a central security command center.
7. Foot patrols by trained security personnel should inspect floors on both a scheduled and random basis.

Most college campus violence occurs during the weekends when there are less students, faculty and administration on campus. Until universities and colleges take the appropriate actions to protect their students from both intruders from within and outside campus, our students will be at risk.

Thankfully, the twp University of Miami girls who were assaulted were not more seriously injured. However, this should be a warning sign to students and their parents across the United States, that college campuses are little cities within a city.

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.

A a Florida child safety lawyer dedicated to the prevention of childhood injuries I recommend that parents consider the following 5 Halloween Safety Tips and discuss them with your kids before allowing them to go trick or treating.

1. Treats: Warn your kids that they are not permitted to eat any candy until a parent has examined the wrappers to make sure that they have not been tampered with.

2. Costumes: Make sure that your children's costumes are flame retardant and visible at night. Strategically placed reflective tape on costumes and bags will make the difference in visibility.

3. Masks: Make sure that your child can see and breath without restriction.

4. Choosing safe houses. If you are unfamiliar with your neighborhood or unsure of its safety, take your child to a shopping mall or community center. Under no circumstances should they be permitted to enter a stranger's home for any reason.

5. Make sure that knives, swords, and weapons are soft and unable to cause an injury if your child trips or decides to use it to fence with another Zorro.

I do not think that children should be permitted to trick or treat without adult supervision. My daughter is now 12 years old and I am sure she would rather that I stay home and pass out candy to the "kids" that come to our house. Unfortunately, Miami is just not a safe place for an unsupervised 12 year old girl.

If you are expecting trick or treaters coming to your home, our Key West trip and fall law firm suggests that you clear your lawn and driveway of any tripping hazards. In addition, we recommend that you provide ample lighting so that first time visitors do not trip or fall on your property.

Florida Statute 768.075 states that property owners have an obligation to maintain their property in such a manner so that so that vistors are not injured. This applies to "trespasser" who reasonably believe they have an invitation to be on the property. Therefore, as a Florida premise liability lawyer, I recommend that you make your home as safe as possible and leave the haunted houses to the professionals. Setting traps that will cause sudden or unexpected things to jump out to scare visitors might create a hidden danger under Florida law.

As a Miami dangerous product lawyer, I suggest that you do not use an open flame in any of your Halloween displays, that might ignite a costume or cause other injury. The United States Consumer Product Safety Commission has more information about Halloween Safety.

If you simply do not want Halloween visitors, I suggest that you post "no trespassing signs" and remove any Halloween props from your home that would provide someone with the belief that they have been invited on to your property.

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 " »

Yes it is back to school time. For me as a parent and Florida child injury attorney, turning my kids over from 9-5 to someone else after a long hot Miami summer can seem like a blessing. Yes, I attended open house for my son's fourth grade class and I marveled at the technological advancements his class had. PowerPoint projectors, smart boards and the class even has its own blog. But what all the parents heard repeatedly from the administration was that a lack of funding was preventing the school from doing this our that. It got me thinking about playground safety and what dangers may lurk, not just for my child, but for the many who leave their children in the hands of the underfunded school boards in our country on a daily basis.

Our Broward personal injury attorneys recommend that all parents inspect their children's school playgrounds at least once or twice per school year, especially considering the playground's surface and equipment. Concrete, asphalt or dirt is still commonly used and, according to the National Program for Playground Safety, nearly 70% of all playground injures are related to falls on hard surfaces. The recommended surfaces are hardwood mulch, pea gravel, sand, rubber mats and rubber tiles.

1. Are there any broken slides or swings?
2. What age groups will be using the equipment at the same time?
3. Any rusted or exposed S-hooks?
4. What is the child-to-supervisor ratio?
5. Who is responsible for maintaining and repairing the playground?
6. Is there a defibrillator nearby and who is trained to operate it?
7. Are children encouraged to apply sunblock when outdoors between 10 AM-3 PM.
8. Are children encouraged to desanitize their hands after returning to class?

For more detailed information download this Playground Safety Report Card.

April 25-29, 2012 is National Playground Safety Week and gives families and schools an opportunity to focus on making playgrounds safer. We are dedicated to keeping children safe and urge all families not to wait till April to inspect, educate and monitor their children about playground safety.

Should a child be injured in Florida due to the negligence of a public school for failing to provide a safe or supervised recess or for faulty or poorly maintained equipment, the family will have to sue a Florida public school pursuant to Florida Statute Section 768.28. Generally speaking this law protects and insulates the School Board from the responsibility of fully compensating an injured child by limiting the amount of the total damages paid, including medical expenses, loss of income, disability and disfigurement to $200,000. Any claim against a Florida school must be made in writing within 3 years of the date of the accident or 2 years in the case of death.

Claimants are also required to provide the agency and Department of Financial Services the injured child's' date and place of birth, social security number or federal identification number and list the name, court case number of any amount the child may owe to the state amongst other very specific details. If your child has been injured at a school, it is very important that you seek competent and experience legal assistance to navigate the confusing and tricky statutory compliance of Florida's Section 768.28.

As a Florida 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.

The Florida High School Athletics Association governs high-school sports across the state of Florida. Our Florida head injury lawyers are pleased to note that the FHSAA is implementing new protocols to protect student athletes from returning to the game after sustaining a suspected concussion.

The new guideline requires all student athletes who play on interscholastic teams in Miami-Dade and Broward counties to take a base-line neurospyschological evaluation or cognitive test before the season begins. This will help coaches, doctors, parents and players monitor and evaluate any head injury.

The goal is to keep injured players off the field until they have been fully evaluated and have recovered. This is particularly important as successive or multiple concussions can have a devastating effect on young brains. Brain injuries, like concussions, have been known to cause profound changes in personality, memory and interpersonal relationships.

The test being used in Miami is called "Immediate Post Concussion Cognitive Testing" (ImPACT) and is administered on-line. While the test generally takes thirty minutes to administer, a complete and thorough neurological exam is also required before a player can be cleared.

Currently, the program is designed for football, soccer, volleyball, wrestling, softball and lacrosse. According to a recent Miami Herald article, 2,800 students have taken the ImPACT test so far.

Since most parents and school coaches are not trained to recognize the subtle signs and symptoms of a concussion, we are concerned that injuries are often not diagnosed. The classic signs of a concussion are:

1. Dazed or confused appearance.
2. Moving clumsily.
3. Slow to respond to questions.
4. Loss of concentration.
5. Strange or unusual behavior.
6. Memory loss before, during and after the event.

Our Monroe county children's injury law firm believe that the test should be administered to every student enrolled in public school as it could be used to identify children who have already suffered some form of concussion or brain injury so far undiagnosed or that occurred outside of school sports. In addition, it would place the student and coaches on notice that special precautions need to be put in place such as helmets, closer monitoring or abstaining from the sport entirely.

Continue reading "How to Prevent and Recognize Your Child's Concussion With Baseline Testing" »

As a Palm Beach hospital injury attorney, I believe that performing an operation on the wrong patient, site or performing the wrong procedure is a completely avoidable error. When an error or adverse incident happens in a Florida hospital, Florida Statute Section 395.0197 requires hospitals to report certain events called adverse incidents, to the State of Florida's Agency for Health Care Administration (AHCA) within 15 calendar days.

View more videos at: http://nbcmiami.com.

The statute specifically requires that in the event of:

1. Death of a patient;
2. Brain or spinal damage to a patient;
3. Performance of a surgery on the wrong patient;
4. Performance of a wrong-site surgery;
5. Performance of a wrong surgery;
6. Performance of a medically unnecessary surgery;
7. Surgical repair of damage where the damage is not a recognized risk,
8. Procedures to remove unplanned foreign objects.

The Agency for Health Care posts on its website quarterly reports detailing the number of reported events. Unfortunately, the AHCA protects hospitals by not identifying the offending facility by name. Assuming that many events are never reported, the number of statewide incidents for the second quarter of 2011 alone is astonishing. There were 29 reported incidents and a horrifying 16 of those involved foreign objects being left in patients.

One of the few statutes that actually protect patients is Florida Statute Section 395.1051 that requires Florida hospitals to advise patients when an adverse incident has occurred. In my 20 years of representing Florida's victims of medical malpractice, I have never seen a case where a hospital has complied with this provision. The statute is silent as to what penalties if any would befall a hospital that fails to comply with notifying a patient of an adverse event. And, as usual, the statute goes on to exclude the admissibility of any such notification in a civil medical malpractice statute.

As a Florida hospital injury attorney, I strongly recommend patients or their families who believe they have suffered an adverse incident in a Florida Hospital or other licensed facility to immediately consult with an experienced personal injury attorney and to notify the Florida Department of Health of the incident.

Our Broward traffic accident injury law firm proudly represents a Homestead, Florida mother of four, Melvina Durden, who was severely injured on July 11, 2008. She was a passenger in a car traveling north on I-95 early on the very morning that the Florida Department of Transportation and its construction contractors opened a new express lane. The lane divided a lane of I-95 with plastic sticks called "delineators." Interstate 95 in Miami is one of the highest used roadways in the world. It essentially links the entire East Coast of the United States from Maine to Miami.

The Florida Department of Transportation or FDOT is a $7Billion agency of the State of Florida responsible for managing the infrastructure of I-95 in Florida. This includes highway expansions and maintenance projects. This particular project is called 95 Express.

The FDOT states on its website that one of its "Safety Goals" is to decrease the frequency, rate, severity and potential for crashes by implementing safety and engineering programs. The FDOT divides Florida into seven distinct districts plus the Turnpike. Miami falls within its District 6 and is overseen by the State Safety Office's Chief Safety Officer.

In 2008, the FDOT decided in an effort to minimize "daily traffic and congestion" to convert two of I-95 northbound lanes from State Road 112 to just north of 151 Street NW to convert them into toll roads. The plan was to open the 95 Express in stages: Phase 1A northbound between I-195 and the Golden Glades, opened first. Phase 1B was the southbound lanes between Golden Glades and I-395, and on the northbound lanes between I-395 and I-195. Phase 2 is from Golden Glades to Broward Boulevard. In October 2010, the FDOT commissioned a survey of South Florida commuters. Did you get surveyed? Neither did I. But the results showed that less than half of those surveyed wanted to see express lanes developed on other South Florida Highways.

Deeply hidden on the FDOT's website are posted guidelines for using the express lanes. In bold print the FDOT advises that the express lanes are for "long distance" trips only. Of course, they don't define how long a "long distance trip" is but they do warn that once you enter the lane, you cannot exit until the lanes end. They continue to say that you cannot cut through the plastic poles to "break out" of the express lane. Valuable information? But unless you drive on I-95 while navigating the website, the only way for commuters to know this would be to rely on signage and warnings.

Unfortunately for Mrs. Durden, a passenger on the very first day of the express lane operation, she did not have the benefit of the FDOTs warnings. Sadly, the driver of her car tried to escape the lane and ended up losing control of her car seriously injuring herself and Mrs. Durden. Suing the FDOT and its contractor on her behalf poses many hurdles as the law is designed to afford the FDOT near bullet proof protection from law suit. Florida Statute S768.28 provides the framework for suing the State and any of its agencies, like the FDOT, for injury, property damage or death. Section 768.21(6)(a) requires that before any law suit can be filed, the Florida Department of Financial Services must be put on notice of the claim within three years of the date of the incident with some very specific information, including the claimant's date and place of birth, social security number and detailed information about any penalties the claimant may have had, including civil, criminal and administrative. In addition the claimant must state whether there are any unpaid debts owed to the government in excess of $200.00. Once the claim is filed and the appropriate agency is served, the claimant must also serve the Department of Financial Services with a copy of the complaint. To make matters worse, the FDOT enjoys a limitations-of-damages cap of $100,000 per claimant or $200,00 per incident regardless of the amount of damages their negligence may have caused. Any lawyer who dares sue the FDOT can only charge or collect as attorney fees 25% of the amount recovered compared to 40% in standard negligence cases.

Our North Miami car crash lawyers recommend that if you are involved in an accident on I-95 due to the failure of the FDOT to properly warn you of a dangerous condition or traffic engineering design defect to immediately consult with an experienced Florida PI lawyer.

Our Miami-Dade County Wal-Mart fall down injury lawyers represent the injured throughout the State of Florida. We are often contacted weeks and months after the fall occurs which makes the successful representation of the injured more difficult. Our law office recommends that if you are injured at a Wal-Mart you consider the following immediately.

1. Report the injury when possible to a Wal-Mart employee.
2. Get the employee's name and title.
3. Note the time of the fall and when you reported it.
4. Do not sign anything you do not understand or that is written on your behalf.
5. Request a copy of anything you sign.
6. Do not let the Wal-Mart employee photograph you without your permission.
7. If the employee insists you smile for the camera, don't.
8. If Wal-Mart employees insist on photographing you, photograph them.
9. Obtain the names of any witnesses to the fall.
10. Figure out what caused you to fall. Was the floor wet or slippery?
11. When possible take your own photographs. Use your cellphone.
12. Call 911 if you are injured. Do not rely on Wal-Mart to call for you.

If you are injured, contact an experienced Boca Raton Wal-Mart injury lawyer and insist that they request the surveillance video from the store for the 3 hours before and after your fall. This is crucial evidence since many people who slip and fall and are injured in stores like Wal-Mart, Publix, K-mart, Costco and BJ's Wholesale Club mistakenly believe that simply because you fall in a store and are injured the store is responsible for it. Here is a sample of our letter: Signed Preservation letter-36174.pdf

Florida law is very specific as to how and to whom a claim can be legally made.
The Florida Statutes §768.0755 provides the law on slip and falls in businesses. The law requires the injured person prove that the business actually knew of or should have known of the dangerous condition that caused the fall and should have fixed it. One can prove that the business owner should have known of the condition if the condition occurs with frequency like a broken water main or was foreseeable like placing a drink cooler with ice bucket that does not have adequate drainage. In other words, if someone were to slip and fall in Florida before a store like Wal-Mart reasonably should have been aware of it the condition, there is no case. That is why obtaining the surveillance video is so important because it will prove in some cases how long the liquid or other substance was on the floor. It will also show how often the aisles are inspected by Wal-Mart's employees. This law applies no matter how serious the injury is.

People slip and fall every day in Florida and it is not always someone else's fault. However, as a Palm Beach personal injury lawyer I suggest that when and if you fall due to the negligence or carelessness of a business owner, it is important to move quickly to protect your legal rights and ensure that you have the greatest chance of obtaining compensation for your injuries, medical expenses and time away from work.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

As a Florida medical malpractice lawyer, nothing shocks me more than cases of wrong-site surgery. This is such a fundamental and avoidable blunder I am surprised that it occurs at all. Wrong-site surgeries are where doctors, hospitals or other health-care providers simply operate on the wrong site, perform the wrong procedure or perform a procedure on the wrong patient.

In 2004 the Joint Commission, a not-for-profit organization that accredits and certifies hospitals and other health-care organizations in the United States, approved a Universal Protocol for Preventing Wrong Site Procedures and Surgeries.

The Universal Protocol provides a step-by-step verification process that addresses information or discrepancies before a procedure is even started. Once the information is obtained and verified the procedure site must be marked in a specific way. As a Miami medical mistake lawyer, I believe that one of the most crucial steps that is often overlooked is the involvement of the patient in the marking process. Obviously marking is not possible in all types of procedures, especially those that involve internal organs or interventional procedures where catheters are used.

Lastly, the Universal Protocol requires a "time out" so that all team members, surgeons, anesthesiologists, nurses and techs can all agree that they have the correct patient, correct site and correct procedure. When multiple procedures are performed on the same patient another time out should be called before starting each procedure.

A recent Archives of Surgery study showed that 72 percent of wrong-site procedures occurred because the doctor failed to participate in the time out. Hospitals are quick to blame doctors when this happens but its a surgical team failure whenever a surgery begins on the wrong site.

As summer approaches, Florida parents will sign various waivers, releases and indemnification agreements if they want to unload their children at various camps or day care centers. As a Miami-Dade County children's injury attorney, I recommend caution be exercised before you sign anything.

Florida's Supreme Court made it clear in Kirton v. Fields that parents cannot waive their children's rights by signing a release in a commercial activity. This is true in most jurisdictions in the United States. However, what has been defined as a commercial activity has been hotly litigated in the courts.

In 2010 the Florida Legislature once again came to the aid of big business at the expense of injured children by passing §744.301(3). This law, buried under the "domestic relations" section of the Florida Statutes, allows business owners to escape liability when the activity is "inherently dangerous" so long as the business operator acts reasonably. The Statute also excludes claims for failing to warn of a dangerous condition.

To further help business protect themselves from accountability to an injured child, the Florida Legislation drafted the release and put it right on the books for all businesses to use. For example, if your local swim camp has a high rise diving board and your child is severely injured there may be no ability to obtain compensation for their injuries. Especially if you have signed the attached form.

Our South Florida personal injury lawyers recommend that before you put your children in the hands of anyone this summer, you carefully research the training, experience and supervisor-to- child ratio.

Continue reading "Should You Sign a Waiver for Your Kid's Summer Camp? " »