South Florida Injury Lawyer Blog

A 31-year-old woman is suing the Opa-Locka Police Department. She claims that the police refused to enforce the restraining order against her ex-boyfriend Victor Howard. She contends that although she wanted Howard out of her house, she was the one that police threatened to arrest if she didn't go. She claims that they made her leave her mentally disabled son behind, which allowed Howard to allegedly rape and beat him. She says that because to city cops violated her son’s civil rights and left him with her boyfriend.

Howard, 49, has been arrested for the alleged sexual battery of a minor. He has pleaded not guilty to the criminal charge.

The boy, 12, has the intellectual abilities of a small child. He sustained a traumatic brain injury during a car wreck and has been diagnosed with mental retardation that makes comprehension difficult for him. Although Howard is the biological father of two of the plaintiff’s four children, the boy is not his son. The woman says that because the restraining order only gave her sole custody of the two kids that Howard fathered, the cops let the boy stay with him.

Miami-Dade Sexual Assault Cases
If you or someone you love was sexually assaulted, you may be able to sue the attacker for Miami personal injury. In addition to the assailant, there may be others who should also be held liable. For example, if the assault took place on someone else’s property, and that person could have/should have acted to prevent the sexual assault from happening, he/she could be held liable. If there is a party that allowed the assailant to have access to the victim, that party could also be held liable.

Sexual assault is a violent and traumatic crime that can scar a victim for life. There may be a way to hold all negligent parties liable.

Alleged rape victim’s mom sues Opa-locka police, The Miami Herald, May 31, 2011

Opa-Locka Facing Lawsuit Over Alleged Rape, NBC Miami, June 1, 2011

Related Web Resources:
Opa-Locka Police Department

Florida Restraining Orders, Womens Law

More Blog Posts:
Miami Personal Injury: Four Women Claim They Were Sexually Assaulted by Employees at Doral Golf Resort & Spa, South Florida Injury Lawyer Blog, March 28, 2011

Florida Doctor Named in Sex Abuse Civil Cases Faces Criminal Charges for Alleged Fondling Incidents, South Florida Injury Lawyer Blog, June 11, 2008

Florida Child Sex Abuse Lawsuit Blames Ft. Lauderdale Church For Failing to Protect Teenager From Adoptive Father, South Florida Injury Lawyer Blog, May 19, 2008

The ex-husband of a woman who suffered a fatal fall from Roxy’s Pub in filed a West Palm Beach wrongful death complaint alleging Florida premises liability. Jessica Harris, 39, died last December after she fell two stories.

While some witnesses have said that the Lantana woman jumped after an argument with a man at the downtown tavern, others said she stepped over the security rail and said something to the effect of “look what I can do.” Brian Harris is contending that if the railing had been adequate, Harris wouldn’t have been able to fall. He is filing his Palm Beach County wrongful death complaint on behalf of her children, ages 7 and 10.

Roof Falls
Falls from roofs and building decks can cause serious injuries, including blunt force trauma, head trauma, brain injuries, spinal cord injuries, organ damage, broken bones, crush injuries, and death. It is the responsibility of property owners to ensure that there are adequate safety measures in place to prevent fatal falls from a deck, balcony, or roof. If it isn’t safe for someone to be there, then any entrances to these areas should be secured so that no one can enter. Broken or defective railings, barricades that aren’t tall enough, roof patios that don’t meet building codes or are improperly maintained, or decks that are rotting or are suffering from structural problems, are just some reasons why falls from decks and roofs may happen. Roof and deck falls are not uncommon, and there is no reason for a premise owner not to know that this type of injury risk may exist.

Family Of Woman In Roxy's Rooftop Death Files Lawsuit, WPBF, May 24, 2011

Woman who died after falling from rooftop bar 'was a wonderful person.. who lived for her family', The Palm Beach Post, May 23, 2011

Related Web Resources:
Roxy's Pub

Premises Liability, Justia

More Blog Posts:
14-Year-Old Injured in Hollywood, Florida Elevator Fall Accident at Millennium Mall, South Florida Injury Lawyer Blog, April 11, 2011

Inadequate Security Alleged in Broward County Injury Lawsuit of Teen Left with Brain Damage After Beating at Deerfield School, South Florida Injury Lawyer Blog, January 27, 2011

Family Sues Delray Beach for Palm Beach County Wrongful Death of Surfer Who Drowned, South Florida Injury Lawyer Blog, April 8, 2011

A law that caps noneconomic damages for Florida medical malpractice at about $500,000 per doctor has been upheld by the federal appeals court in Atlanta. The court rejected a family’s claim that the cap was in violation of federal and state laws.
Instead, the court found that the state law “passes muster” and dismissed the plaintiffs claims that the law deprives them of their right to obtain just compensation.

The plaintiffs are the family of Michelle McCall, who died in 2006 after giving birth to her son. Her loved ones claimed that not only did a nurse fail to notify a doctor that McCall’s blood pressure was incredibly low during a surgical procedure, but also the doctor never personally checked her vitals.

Following a bench trial, a judge in Florida said that McCall’s estate was entitled to $2 million in noneconomic damages. However, because of Florida’s medical malpractice cap, that amount had to be reduced to $1 million. (Although state lawmakers adopted new rules in 2003 that let victims get any award for economic damages, the cap limited the amount of noneconomic damages.)

Examples of Florida Medical Malpractice:

• Anesthesia errors
• Wrong diagnosis
• Delayed diagnosis
• Wrong site surgery
• Failure to obtain informed consent
• Failure to provide proper post-surgery care
• Failure to monitor a patient’s vitals
• Surgical errors
• Birthing malpractice
• Performing the incorrect procedure on a patient
• Accidentally leaving surgical tools in a patient
• Medication mix-ups

The federal appeals court is asking the Florida Supreme Court to tackle a number of yet unresolved issues, such as whether the state’s medical malpractice cap is in violation of the family’s right to a jury trial.

US appeals court upholds Fla. med. malpractice cap, Miami Herald/AP, May 27, 2011

Read the Opinion

Related Web Resources:
Medical Malpractice, New York Times

Empowered Patient, CNN

More Blog Posts:
Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery, South Florida Injury Lawyer, April 29, 2011

Man Files Florida Medical Malpractice Lawsuit Filed Against Hospital Over Wife’s 2008 Wrongful Death, South Florida Injury Lawyer, February 12, 2011

Continue reading " Florida Medical Malpractice Cap Upheld by US Appeals Court " »

According to a recent Miami Herald investigation, incidents of Florida nursing home neglect are more rampant than we realize. The newspaper cites a number of examples that resulted in patient deaths, including:

• A 74-year-old woman at a Kendal assisted living facility that died after she was restrained too tightly for more than six hours.

• A 71-year-old mentally ill patient that died from burn injuries he sustained after he was left in the bathtub with scalding water at a Hialeah nursing home.

• A 75-year-old patient with Alzheimer’s was ripped apart by an alligator after he wandered from a Clearwater nursing home. This was his fourth elopement incident while at the facility.

According to the Miami Herald, the Agency for Health Care Administration has failed to properly oversee Florida’s 2,850 nursing homes and its operators, investigate dangerous practices, or act on notifications submitted by its own inspectors about possible incidents of nursing home neglect.

Our Miami nursing home abuse and neglect lawyers take allegations of patient neglect or abuse very seriously. Please contact us right away if you even suspect that a resident is being abused or neglected at a South Florida assisted living facility.

More Florida nursing home negligence facts:
• 26 Florida facilities have been closed by the AHCA since 2005.
• In the last year, about 13,250 calls have been made by police to assisted living facilities in Broward County—that’s one call every four hours.
• 1,732 nursing homes have been caught employing illegal restraints, including chemical restraints, on patients since 2002.
• At least once a month a ALF patient dies from Florida nursing home abuse or neglect.
• Out of 70 nursing homes that Florida regulators could have shut down for severe violations in the last two years, only seven facilities were closed.

Signs of possible Florida nursing home abuse or neglect:
• Overmedication or too much sedation
• Broken bones
• Sudden weight loss or gain
• Unexplained bruises or welts
• Frequent illnesses
• Bedsores
• Malnutrition
• Dehydration
• Unsanitary conditions
• Poor hygiene
• Infections

NEGLECTED TO DEATH | Part 1: Once pride of Florida; now scenes of neglect, Miami Herald, April 30, 2011

Florida is taking elderly down a dark, deadly path, Orlando Sentinel, May 15, 2011

Related Web Resource:
Agency for Healthcare Administration

More Blog Posts:
Bills Seeks to Cap Florida Nursing Home Negligence Damages Over Wrongful Deaths, South Florida Injury Lawyer, April 20, 2011

Florida Nursing Home Neglect?: Maggots Found in 76-Year-Old Patient at Assisted Living Facility with Palm Beach County Ties, South Florida Injury Lawyer, September 14, 2010

Continue reading " Miami Herald Reports: Florida Nursing Home Neglect Taking Place at a Number of Assisted Living Facilities " »

72-year-old Patrick Macklin died today when he was fatally struck in a Boynton Beach pedestrian accident. The Palm Beach County Sheriff’s Office says that Macklin was walking on Woolbright Road early in the afternoon when he was hit by a BMW. According to one witness, Palm Beach County Fire Rescue workers told her Macklin might have survived the traffic crash if someone had conducted CPR on him before rescuers arrived.

Elderly Pedestrians
In Florida, which is a haven for many seniors and retirees, there are often elderly residents out walking. It is important for drivers to realize that some older pedestrians may not be as alert or as quick to respond as their younger adult counterparts, which is why motorists should exercise caution when they seem them on the road and sidewalks.

Some Important Facts About Elderly Pedestrians:
• Elderly pedestrians are at higher risk of dying in a traffic crash than younger adult pedestrians.
• Over half of older pedestrian deaths occur at non-intersections.
• Dangerous driving behaviors that can lead to elderly pedestrian accidents include red light running, failure to yield, distracted driving, failure to spot pedestrians, blocking the crosswalk, drunk driving, and cell phone-related driving accidents.

Not only can it be harder for older pedestrians to get out of the way of an approaching car, but also their hearing and vision may be diminished. These slight impairments can make it hard for them to notice an auto until it is too late.

If you believe negligent driving caused your Boynton Beach personal injuries, do not hesitate to contact our Palm Beach County car crash law firm today.

Man hit, killed by car on Woolbright in Boynton Beach identified, WPTV, May 23, 2011

Related Web Resources:
Pedestrians, 2009 Data, NHTSA (PDF)

Palm Beach County Fire Rescue

More Blog Posts:
Miami-Dade County Car Crashes on I-95 Kill Four, Injure Three, South Florida Injury Lawyer, March 6, 2011

Man’s Legs Severed in Miami Car Accident, South Florida Injury Lawyer, January 19, 2011

Recent Palm Beach County Car Crashes, Pedestrian Accidents, and Bicycle Collision Cause Deaths and Injuries, South Florida Injury Lawyer, January 12, 2011

Six years after the Florida water scooter accident that killed 14-year-old Yasell Perez and left then-15-year-old Samantha Archer with serious injuries, their families are in court seeking damages from Yamaha for Palm Beach County wrongful death, products liability, and personal injury. The jury trial opened last week and the plaintiffs are seeking millions.

The tragic Palm Beach County injury accident occurred on Easter Sunday on March 2005 after the teens got on a WaveRunner on the Intracoastal Waterway. Five minutes after taking off, the WaveRunner struck a boat, killing Perez and causing Archer, now 21, to sustain serious injuries, including a traumatic brain damage, a broken pelvis, and gashes to her legs, stomach and groin. She was hospitalized for two months and had to return several times to undergo surgery. Doctors have testified that Archer has lost the mental and emotional abilities that would allow her to sustain a marriage, hold a job, have a kid, or live independently.

A lawyer for Yamaha has said that the teenagers shouldn’t have told the WaveRunner’s owner that they knew how to operated the personal watercraft. He also notes that Archer at the time of the accident was under 16, which is the legal age for operating a water scooter in Florida. Meantime, the plaintiffs are claiming that a steering problem with the WaveRunner prevented the girls from being able to avoid striking the boat. Their lawyer contends that the PWC accident that killed the girls could have been avoided if only Yamaha had listened to concerns it had been receiving for years about problems with the WaveRunner's steering system. Archer is seeking almost $7 million, while Perez’s family is also seeking millions.

Personal watercrafts are not toys. When they malfunction, they can cause serious injuries. You may be able to recover Palm Beach boating accident damages.

Mother says WaveRunner crash turned daughter's life into 'nightmare you never wake up from', The Palm Beach Post, May 19, 2011

Millions at stake in Palm Beach trial against Yamaha over teen's death in 2005, SunSentinel, May 7, 2011

Related Web Resources:
Yamaha WaveRunner

Products Liability, Nolo

Jet Skis & Waverunners, Florida PWC Rules & Safety

More Blog Posts:
Miami-Dade Wrongful Death Lawsuit Seeks Damages Over Fatal Jacuzzi Drowning at Bahamian Resort, South Florida Injury Lawyer Blog, May 17, 2011
14-Year-Old Injured in Palm Beach County Boating Accident Has Part of Her Leg Amputated, South Florida Injury Lawyer Blog, February 8, 2011

7-Year-Old Pedestrian Injured in North Lauderdale Car Accident is in a Coma, South Florida Injury Lawyer Blog, December 23, 2010

The family of John Van Hoy Jr. has filed a Miami-Dade wrongful death complaint against Sandals Royal Bahamian Resort. Van Hoy died after getting caught in a Jacuzzi suction drain at the Bahamian resort on December 28, 2010. Other plaintiffs include Sandal Resort International, Unique, Hayward Industries, and other companies involved with the manufacture of the hot tub and its parts.

Several resort guests, including Van Hoy’s fiancé Nicole Cleaveland, reportedly tried to help free him, but by the time they were able to pull the 33-year-old away from the drain it may have been too late. The whirlpool reportedly lacked an emergency shut-off button.

In their Miami-Dade drowning accident complaint, the plaintiffs accuse hotel staff of ignoring Van Hoy and either being unwilling or lacking the training to perform CPR during the 45 minutes it took for the ambulance to arrive. The workers at the resort then allegedly tried to prevent Cleaveland from communicating with family, friends, or others and subjected her to an “interrogation” while suggesting that she or Van Hoy were “somehow at fault for the death.”

Van Hoy’s family and Cleaveland are seeking damages for products liability, negligence, false imprisonment, and infliction of emotional distress.

Dangerous Hot Tub Drains
Unless a pool or hot tub is fitted with a drain that cannot suction a swimmer’s body part or clothing, serious injury or death can result. The suction from a drain can be so powerful that it can be hard for even an adult to get free. In the US alone, the Consumer Product Safety Commission reported 74 pool drain entrapments between 1999 and 2007, resulting in 63 injuries and 9 fatalities.

In the US, pool and spa drain covers must meet new safety standards. There are, however, still pools that use the older, less safe types of drains. Pool and spa drain entrapment accidents can cause drowning deaths, permanent brain damage, and disembowelment.

Family of Man Fatally Sucked Into Whirlpool Sues Bahamian Resort, MiamiNewTimes, May 16, 2011

Hotel Sued Over Whirlpool Death Trap, Courthouse News Service, May 16, 2011

Related Web Resources:
Sandals

Pool Safety, Consumer Product Safety Commission

More Blog Posts:
Family Sues Delray Beach for Palm Beach County Wrongful Death of Surfer Who Drowned, South Florida Injury Lawyer Blog, April 8, 2011

Dangerous Pool Drains in Florida Pose a Personal Injury Hazard, South Florida Injury Lawyer Blog, September 24, 2008

The father of teen siblings Beau and Calyx Schenecker is suing to their mom Julie for their Florida wrongful deaths. Julie Schenecker, 50, is charged with the first-degree murders of Calyx, 16, and Beau, 13. She has pleaded not guilty even though she already confessed to shooting the two teenagers as part of a “massacre” plan last January.

Julie’s husband, Army Col. Parker Schenecker, was overseas on duty when the murders occurred. Now, he is seeking civil damages from her. Col. Schenecker says that his Florida wrongful death complaint is an effort to give his daughter and son a voice and hold their mother accountable for her actions.

Col. Schenecker says that when he first saw his wife in jail he told her that he planned on suing her for divorce and that she turned down his offered divorce settlement, filing her own response demanding half his assets, permanent alimony, legal expenses, her diamond engagement ring, and a life insurance policy. If Col. Schenecker wins a wrongful death judgment against his wife, this could allow him to recover assets he’ll have to hand over to her as part of the divorce settlement.

Julie confessed to shooting her son in the head as she drove him to soccer practice. She then admitted to going to her Tampa home and shooting Calyx in the back of the head while she was studying at the computer. The weapon Julie used was a .38 caliber pistol that was bought five days before their murders. Police say she planned to kill herself and that she created detailed notes of her plans to kill her kids.

Florida Wrongful Death
A Miami wrongful death lawsuit can allow you to hold the responsible party liable in civil court regardless of the outcome in criminal court. Obtaining damages won’t bring your loved one back, but it can provide you with a sense of some damage while making the liable party take responsibility for your loss.

Colonel sues wife accused of killing kids, UPI, May 9, 2011

Experts: Schenecker's wrongful death suit against wife designed to offset divorce judgment, TampaBay, May 10, 2011

Tampa Mom Julie Schenecker Was Probed for Child Abuse in Fall, But Not Charged, ABC News, January 31, 2011

Related Web Resource:
Negligence, Torts, Leg.State.Fl.US

More Blog Posts:
$2.8M Florida Motorcycle Accident Verdict Awarded In Rider’s Daytona Beach Wrongful Death, South Florida Injury Lawyer Blog, April 27, 2011

Bills Seeks to Cap Florida Nursing Home Negligence Damages Over Wrongful Deaths, South Florida Injury Lawyer, April 20, 2011

Florida Wrongful Death Lawsuit Filed in Dad’s Fatal Shooting on Basketball Court, South Florida Injury Lawyer, April 9, 2011

A judge in Florida has approved the $421,400 Fort Myers personal injury verdict awarded to a 68-year-old woman who got hurt at a Wal-Mart store when she was thrown to the ground by a loaded, motorized stock cart. Janice Morris fractured several pubic bones during the accident and had to take three months off work.

Court documents state that Morris got hurt at the Wal-Mart on Ben C. Pratt/Six Mile Cypress Parkway on Oct. 10, 2009 in the packaged meat section. In her Lee County personal injury complaint, Morris accuses Wal-Mart of failing to properly supervise and train the employee that was operating the cart and neglecting to warn shoppers that there was a potentially hazardous condition inside the store. Morris also contends that the cart did not have an audible beeper and that its operator, Richard Hesson, should have realized that patrons might not hear the cart approaching.

The Fort Myers, Florida premises liability verdict awards 250,000 for future pain and suffering, $150,000 for past pain and suffering, and $21,400 for past medical expenses.

Stores and groceries are responsible for ensuring that the premises are safe for patrons. When failure to prevent or remove hazards causes serious injuries or death, the store owner can be held liable. Other common accidents that can occur at stores:

• Slip and fall
• Trip and fall
• Accidents falling merchandise
• Fall accidents
• Crimes that can occur as a result of inadequate security
• Escalator accidents

Hit by cart at Walmart, Fort Myers woman gets $421,400, News-Press, May 10, 2011

Related Web Resource:
Wal-Mart

More Blog Posts:
14-Year-Old Injured in Hollywood, Florida Elevator Fall Accident at Millennium Mall, South Florida Injury Lawyer, April 11, 2011

$500K West Palm Beach Slip and Fall Verdict Awarded in Lawsuit Against Lake Worth Lawsuit Against CVS, South Florida Injury Lawyer, January 24, 2011

Violent Crimes at South Florida Malls Highlights Need for Adequate Security, South Florida Injury Lawyer Blog, May 30, 2008