Falls are a leading cause of death among older Americans, per the Centers for Disease Control and Prevention, and South Florida injury attorneys know nursing home residents are especially susceptible. They’re more likely to be immobile or require significant assistance in moving just to complete basic tasks and functions. They are more likely to be in poorer health to start with, and in turn may have a more difficult time recovering.nursing home falls West Palm Beach

None of this, however, should be understood to mean that nursing home falls are inevitable or that nursing home staff is not responsible to take adequate prevention measures. In fact, nursing home operators have a responsibility to make sure patients don’t fall. That’s because the likelihood of falls as a result of certain conditions/failure to meet care standards is known. The fact that such a fall can result in serious injury? That’s known too. Complications from falls are known to lead to pain, functional impairment, disability and death among nursing home residents.  For this reason, Florida nursing home injury attorneys can assert that falls and resulting injuries in a nursing home setting are a foreseeable consequence of things like:

  • Inadequate staffing of nursing homes.
  • Inadequate training of staffers.
  • Inadequate supervision of nursing home staff.
  • Failure to provide the proper resources necessary.

Even if the nursing home itself was not negligent in causing a nursing home fall, the entity can still be held vicariously liable if any of its staffers were. There is an old Latin legal concept we still use today in Florida known as as respondeat superior, which means “let the master answer.” In other words, if the employee was negligent in the course of carrying out his or her job, the employer can be found liable also. Continue reading

In any Palm Beach County car accident lawsuit, there are several baseline criteria plaintiffs must meet to prevail. Minimally, they need evidence tending to show the other driver – who owed a duty of reasonable care to other road users – in some way breached this duty (either by violating traffic laws or making a judgment call a reasonable person in his/her same situation most likely would not). They must further show this breach of duty was the cause of the injuries they’re alleging. In some instances, that last part is pretty straightforward. The person wasn’t injured before the crash, now they are and the itemized list of those injuries is clearly documented in medical records and backed by witnesses.West Palm Beach car accident lawyer

However, there are some  South Florida car accident cases wherein proving causation is much trickier. There can be disputes over whether defendant’s negligence actually caused the crash as well as whether the crash actually caused plaintiff’s injury. Insurers will seize on whatever excuse they can to dispute causation and avoid paying.

Types of Expert Witnesses Called in a Florida Car Accident Claim

Bars, festivals, nightclubs, concerts and cruises are required to use reasonable care in ensuring the safety of patrons – particularly if they are serving substantial or unlimited quantities of alcohol – in order to prevent South Florida injuries and wrongful deaths.South Florida festival injury lawyer

According to The News-Herald, a man filed a Florida injury lawsuit recently alleges a no-limit alcohol policy for unlimited alcohol policies for VIP guests. Among the most dangerous practices: Offering unlimited amounts of “free” alcohol. This, plaintiff alleges, resulted in his falling off the balcony at a Panama City Beach business owner and sustaining serious injury.

Although there was railing on the multi-level platform, there was no railing on the stairs that flanked either side of it. When he was asked by a security employee to sit down on the step, he complied – but lost his balance ended up falling from the stairs, sustaining serious and permanent injury.

When you are reeling from a personal injury in Florida, the materials on your cast may hardly even be dry before you are hit with a barrage of paperwork from doctors, police and insurance companies. None of those entities or individuals, however, is looking out for your best interest, making sure your rights are protected and that you aren’t saddled with a financial burden you don’t deserve. Whether your injury resulted from a work accident, car accident, slip-and-fall or some other incident, it will behoove you to hire a South Florida injury lawyer with experience, as opposed to one just starting out. South Florida injury attorney

There have been numerous reports the last handful of years about the fact that there are too many law students and too few legal jobs, with the American Bar Association reporting schools are continuing to raise tuition and produce twice as many graduates as the job market has to absorb. We mention this to say that while there is plenty of bright young talent in the legal profession, there are also a fair amount starting out – even in the first few years – who may not have much if any experience in handling the kind of case on which you require assistance. There are also attorneys who take many different kinds of cases – from personal injury to criminal defense to business law – just to make ends meet. But that doesn’t help you with a Florida work injury claim where the rules for workers’ compensation benefits and third-party liability claims are very specific. You can have greater confidence in the experience of attorneys who can point you to proof of success in past cases.

Personal injury attorneys in Florida are paid on a contingency fee basis, meaning you do not pay a fee for attorney services upfront. Instead, you pay a portion of whatever is recovered (if anything is recovered) either from a settlement or jury verdict.  Continue reading

A personal injury lawsuit filed by 15 high school students, survivors of the mass shooting at Marjory Stoneman Douglas High School, has been dismissed by a federal judge who ruled six defendants, including the Broward County Sheriff’s Office, a school deputy, a campus monitor and the Broward School District, owed no duty of care to protect the students from the gunman. Nothing in the state constitution or statute imposes a general duty on police officers or other government officials to protect people from harm – even when they know it will occur. This duty is limited to those who are “in custody” of police, which as our Broward County injury lawyers can explain has been narrowly interpreted by courts to mean those situations wherein a person has lost his/ her freedom to move freely or seek assistance on their own. It doesn’t apply to students in school, particularly the older they are. personal injury attorney

In total, 17 students and staff members were killed in the six-minute attack and 17 others were injured.

The outcome was indeed disappointing for many in Parkland and throughout Florida because it undercuts a core belief so many have about police and school services: That the public – especially schoolchildren – have the right to expect police will protect them. That is simply not true. The few exceptions that have been carved out, as noted by legal scholars quoted in The New York Times, are situations where, for instance, a crossing guard is assigned specifically to protect a child from crossing the street and instead gets distracted by their smartphone. In the eyes of the law, that crossing guard may have a special relationship to that specific child. It’s only when this special relationship has been established or when the officer has done something to enhance the risk of harm that the officer and/ or the employer can be held liable under the state’s negligence laws. Continue reading

A divided Florida Supreme Court ruled that even if a doctor’s mistake isn’t the primary cause of death, Florida medical malpractice laws nonetheless allow that doctor to be liable for his or her part in it if the failure/ misconduct substantially contributed to it – thus reversing an appellate court decision in a doctor’s favor. Dissenting justices didn’t argue with the conclusion by the majority, but instead insisted the court shouldn’t have taken up the case in the first place because it didn’t assert a conflict between two lower courts.

The family has already been awarded $7.5 million from the two surgeons in the case, and this ruling may entitle them to additional damages from another defendant.

Naples medical malpractice lawyer
Naples medical malpractice lawyers know this decision clarifying that a physician’s malpractice need not be the main reason a patient died in order for him/ her to be liable will be welcome news for current and future claimants in medical negligence claims, especially those wherein the primary cause of death is in sharp dispute.

Recent data from the Motorcycle Industry Council reveals more women are operating motorcycles than ever before – and the trend shows no sign of slowing. And while West Palm Beach motorcycle accident lawyers know women tend to be safer riders, there are also some crash injury risks that tend to be specific to/ more common among female operators and passengers.West Palm Beach motorcycle accident attorney

USA Today reported that in 1998, just 8 percent of motorcycle owners were women. By 2018, that figure more than doubled to 19 percent. The Drive reveals the majority of female motorcycle riders skewed younger, with women comprising 26 percent of Millenial-age riders and 22 percent of Gen Xers. The median age of female motorcyclists is 39, compared to 48 for men. Women appear mostly interested in cruisers (34 percent) followed by scooters (33 percent) and then sport bikes (10 percent). All-female motorcycle clubs have even grown increasingly popular.

Increasing gender equality in motorcycling overall has made the transport mode safer, given MIC’s assertions that female riders are 60 percent more likely to take safety courses and 14 percent more likely to wear a helmet than men and less likely to drive drunk or speed. Further, the more people in general there are on motorcycles, the safer all motorcyclists are because the greater the odds other will look twice, having become accustomed to sharing the road with them.

Types of Injuries Sustained by Women in South Florida Motorcycle Accidents Continue reading

It’s the most wonderful time of the year, but it doesn’t stay that way for long when drunk drivers hit the streets of South Florida over the end-of-year holidays. An although it’s been said many times, many ways, “Stay Sober, or Get Pulled Over.”

Miami drunk driving injury attorneys know no matter how many times motorists are warned, there will seemingly inevitably be drunk drivers out on New Year’s Eve and New Year’s Day.drunk driving injury lawyer

We have more drivers of all ages expected on the roads through the end-of-year festivities, with more than a few loaded up on liquid courage and ready to play Russian roulette with their lives on the way to their next destination. If only it was solely their own future with which they were gambling.

Some will become the last among an estimated 34,500 people to die on our roads in 2018. Others will be among the first of 2019. On any given day, seven people die in Florida drunk driving accidents, according to the Florida Highway Patrol. On New Year’s Eve and New Year’s Day, each have an average of 11 drunk driving deaths. (Keep in mind: That doesn’t include the serious injuries that result from these collision too.) The riskiest time on the road December 31st is 6 p.m. to 9 p.m. (when nearly 44 percent of that day’s crashes occur) and on January 1st between midnight and 3 a.m. Jan. 1st (when about 30 percent of the day’s fatal crashes occur).

Police Report Miami Drunk Driving Numbers Down

On the bright side, it does appear appear some drivers are catching on, with Miami-Dade police reporting overall DUI arrests were down 65 percent last year compared to 2014, according to NBC-Miami. The previous running average was about 1,500 DUI arrests a year, last year it dropped to 600 arrests. In the City of Miami, DUI arrests are reportedly down 31 percent. Continue reading

Neglect of an elder dependent is a crime in Florida  – a very serious one if it results in severe injury or death. However, as detailed recently in an enterprise investigation by USA TODAY NETWORK – FLORIDA, the odds of prosecution or even arrest for neglectful nursing home caregivers are slim.  In fact, none of the nursing home deaths state regulators attributed to caregiver neglect resulted in arrest or prosecution. Further, at least one state attorney curiously cited the option of a Florida nursing home wrongful death lawsuit as being the more “suitable” remedy in these cases – even as neglectful caregivers accused of similar acts in other states with comparable criminal laws on the books routinely face felony charges.West Palm Beach nursing home neglect

As long-time West Palm Beach nursing home neglect attorneys helping survivors and family members pursue civil injury and wrongful death claims, the report isn’t especially shocking nor does it directly impact our cases. Lack of accountability, though, could mean residents in Florida nursing homes are at higher risk of neglect and abuse.

Journalists across the state scoured records of all 54 nursing home patient deaths from 2013 through 2017 that were red-flagged by the Florida Department of Children and Families as resulting from caregiver neglect, abuse or failed oversight. Not a single person was prosecuted in any of those deaths. Even when police recommended caregivers face felony charges like criminal neglect and manslaughter, prosecutors declined. Continue reading

The future of medicine is here! (Well, actually, it’s somewhere else. And in reality, it’s been around for about a decade.) It’s called remote telemedicine, and it is rising in popularity in Florida intensive care units, referred to there as eICUs. Concern among patient safety advocates and St. Lucie medical malpractice lawyers has grown as evidence mounts indicating eICUs aren’t always associated with the “amazing” level of care they promise.St. Lucie medical malpractice attorney

Florida Today recently published an article penned by a representative of Health First hospital system touting its digital monitoring unit as one of the region’s”best-kept healthcare secrets.” The writer gushes that VitalWatch ICU offers “an additional layer of protection” for severely ill patients at four hospitals along the Space Coast, with critical care doctors and nurses at headquarters monitoring ICU patients hundreds of miles away via a secure, live transmission of electronic vital signs and audio/ visual feeds. The benefit for these patients was highest on the overnight shifts, where specialist resources are often spread thin.

The article does not make mention of how many physicians are actually on the floor or whether the system has cut back onsite staffing on its eICU floors. St. Lucie medical malpractice lawyers have concerns the whole system isn’t as fail-safe as the writer indicates.  For an ICU patient, a lapse of even just a few minutes can lead to devastating and possibly fatal consequences.  Continue reading