Articles Posted in Personal Injury

Injuries that occur in hospitals are mostly matters of medical malpractice, meaning they stem from substandard care provided by medical professionals. However, some hospital injuries are the result of general negligence (often due to unsafe conditions on the premises). Although hospitals are providers of care, they are also owners of property, with a duty of reasonable care under premises liability law to the general public who enter. medical malpractice

This distinction is clear in some cases. For example, a visitor slips-and-falls in a just-mopped hospital lobby that isn’t marked with a sign. Clearly, that incident isn’t a matter of medical malpractice; the visitor wasn’t even being treated. However, when it comes to patients – current, prospective or leaving – the waters can get muddied.

It’s an important distinction to make because the proof burden for these two types of cases is very different. For general negligence cases, one must simply prove defendant owed a duty of care, that duty was breached and the breach resulted in an accident that caused injuries. However, Florida medical malpractice cases, per F.S. 766.102, require claimants to prove by the greater weight of evidence that alleged actions of health care provider(s) breached the prevailing professional standard of care for that health provider. This considers whether the level of care, skill and treatment in light of all surrounding circumstances is deemed acceptable and appropriate by reasonably prudent similar health care providers. In order to do this, one must present a qualified expert medical witness testimony – and that’s long before one ever gets to the trial phase. There is also the matter of the statute of limitations (the time in which one has to file a case). In Florida, general negligence claims can be filed within four years. Medical malpractice claims have to be filed within two years.  Continue reading

Every year millions of Americans go aboard cruise ships for a vacation and are unaware that accidents and sexual assaults on cruise ships are handled in a far different manner than regular personal injury cases.

Florida is a major cruise ship destination with most major cruise ship lines using our state’s multiple ports to take on passengers.

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Cruise Ship Accidents:

The mother of a 12-year-old girl who was allegedly bullied by other students at Ramblewood Middle School has filed a Coral Springs personal injury lawsuit on her daughter’s behalf against the Broward County School District. Randi Vanderheyden claims that school officials not only failed to give the adolescent a safe school environment but also, faculty did not take action to stop young Breann from being bullied.

Breann contends that she was verbally abused, targeted with racial slurs, and physically assaulted for months. Her mom complained to the Broward County school superintended but, rather than help the girl, Vanderheyden says the principal blamed her daughter. Breann says that she attempted to kill herself because she couldn’t stand being bullied. Her mother found her in time and took her to a hospital.

The Broward County personal injury complaint claims that Breann suffered as a result of the hate crimes, discrimination, harassment, and bullying. She is now in therapy and continuing her studies through the Internet.

A Miami Garden’s woman almost died after someone claiming to be a doctor injected her buttock with a mixture of mineral oil, cement, and Super Glue last year. The concoction was supposed to give the patient a butt lift but instead almost killed her.

The victim went to three hospitals before doctors finally diagnosed the problem. She continues to suffer from health issues and she is receiving home health treatments.

The woman, whose name is being kept confidential due to medical privacy laws, paid someone to do the procedure. She says that she was screaming in pain the whole time and not all of the injections could be administered because of this. Her “doctor,” a person named Oneal Ron Morris, then allegedly closed up her wounds with Super Glue before sending her home.

An aspiring model has filed a federal lawsuit in Miami suing the social networking site BlackPlanet.com for Florida personal injury. The plaintiff contends that she was drugged, sexually assaulted, and made into a porn star without her consent by men she met through the Web site. Also named as defendants in the Miami personal injury case are Emerson Callum and Lavont Flanders.

The two men are accused of pretending to be talent scouts to get her and eight other women to audition. The nine of them were given Xanax and alcohol before Callum allegedly raped them. Flanders is accused of shooting video the sexual assaults and selling the footage online as pornography.

The plaintiff, known as Jane Doe 11, says she doesn’t remember being raped and she didn’t even know the video existed until her agent found it. According to her Miami personal injury lawyer, the sex crime wouldn’t have happened if BlackPlanet hadn’t been negligent. Her legal team contends that the social networking site, should have known or knew that it had members who were sexual predators.

A Miami-Dade personal injury lawsuit has been filed accusing a male home health care nurse of sodomizing and harassing a paraplegic in his own home. The defendant of the Miami nursing negligence complaint is A.S.A. Home Care, Inc.

Per the complaint, the nurse started taking care of the victim in 2007. Despite the nurse’s obvious sexual interest in the patient, the latter rejected his overtures. Still, the lawsuit contends, the nurse showed the patient porn, brought him a sex toy, and sexually assaulted him when dressing a wound located close to the buttock area. The nurse then allegedly begged the patient not to tell anyone what happened and threatened to otherwise kill himself.

The plaintiff blames ASA for inadequate supervision, failure to provide him with a secure and safe environment, and neglecting to look into complaints that had made about the nurse.

Trina Jackson plans to sue J. Ruiz Learning School, LLC for Miami-Dade personal injury to a minor. Jackson’s five-year-old daughter, Kayla, attends the daycare center. The little girls says that she has been slapped, hit, and scratched many times while at the daycare.

Jackson claims that her daughter was victim of negligence, assault, and battery while at the Miami facility last April. She says that video footage from surveillance cameras shows a group of girls jumping on her daughter and ripping one of her braids out of her head. Jackson contends that the caregiver that was there appeared to ignored the altercation.

Jackson says that when she complained about marks she found on her daughter after the alleged incident, the caretaker told her that nothing happened and that her daughter’s braid was already gone when she arrived at the preschool that day. However, according to Jackson’s Miami personal injury lawyer, the footage shows a daycare employee grabbing Jackson’s daughter’s scalp to check it after the alleged assault. The surveillance footage also shows one teacher punching a boy’s face,.

Fela Netkin is seeking Margate personal injury damages from her local Sav-a-Lot pharmacy because she says that they mistakenly gave her 5 times the prescribed dose of her anticoagulant medication. Because of the pharmacy’s negligence, Netkin says that she suffered bleeding and bruising and had to go to the hospital.

Per court documents, Netkin says that she had her prescription filled at the Margate pharmacy in June. However, instead of 45, 1 MG tablets of warfarin sodium, which was what the prescription was for, she was administered 45, 5 MG tablets.

Florida Pharmacy Malpractice

John Graney is suing Ex-NFL football star Larry Johnson for Miami-Dade County personal injury. He contends that the former Kansas City Chiefs running back beat him after a party last May on Miami Beach. Johnson also used to be signed with the Washington Redskins and the Cincinnati Bengals.

Graney, who is from Miami, claims that without provocation Johnson used a “closed fist” to “viciously” hit him multiple times, kicked him while he was on the ground, and chased him down the street. The plaintiff says that he sustained a torn rotator cuff and three herniated discs and is suffering form post-traumatic shoulder, wrist, and back pain.

Meantime, Johnson is denying the allegations. The police report describes Graney’s injuries as a “minor laceration” and “small abrasion.”

The woman who sustained a Florida traumatic brain injury when an ATV being driven by an on-duty cop hit her is suing the Clevelander Hotel and Erick Kuilan for Miami Beach personal injury. Kitzie Nicanor and her friend Luis Almonte, both 29, were walking on the beach before dawn when the ATV, which Kuilan was driving, struck them. As a result of her Florida TBI, Nicanor, who is still in the hospital, has experienced memory loss, problems concentrating, paralysis on her right side, and difficulty talking. She also broke a leg, sustained heart perforations, and had to have her spleen removed.

Nicanor is still in the hospital. Her Miami brain injury attorney says that she will likely have to undergo rehabilitation for years. She has a 1-year-old son.

According to her Miami-Dade County personal injury complaint, the Clevelander Hotel regularly lets on-duty cops drink alcohol and hang out at its clubs. (The Miami Beach Police says cops are banned from drinking while they are on-duty.) More than four hour after the ATV crash, Kuilan, who has since been fired from the force, still had a BAC exceeding Florida’s limit of .08%. He is charged with two counts of reckless driving resulting bodily injury and two counts of driving under the influence. Nicanor may also sue the City of Miami Beach.

If you or someone you love suffered serious injuries in a Miami Beach motor vehicle crash because someone was careless, reckless, or made mistakes, you may be entitled to Florida personal injury recovery. Some injuries are so serious that you will need all the financial compensation you can get to cover medical expenses, recovery costs, lost wages, and other damages. Sometimes, there is more than one party who should be held liable.

For example, in this Miami injury lawsuit, the plaintiff is seeking to recover compensation not just from the person who was driving the ATV, but also from the establishment that allowed him to drink alcohol. She also is considering suing the city of Miami Beach, which employed Kuilan at the time.

Miami Beach hotel, fired cop sued in ATV crash, AP, July 29, 2011
Aunt: ATV crash a nightmare, The Miami Herald, July 7, 2011

Related Web Resources:

ATV Safety Institute

Miami Beach Police Department

More Blog Posts:
Man Files Miami Car Accident Lawsuit Against Ex-NBA Heat Player Alonzo Mourning, South Florida Injury Lawyer Blog, July 20, 2011
Palm Beach Wrongful Death Lawsuit Seeks Damages from Yamaha Over Fatal WaveRunner Accident That Killed One Teen, Leaving Another With Brain Damage and Physical Injuries, South Florida Injury Lawyer Blog, May 20, 2011
$1.575M Broward County Injury Settlement Reached with Sheriff’s Office Over Abused Child’s Brain Damage, South Florida Injury Lawyer Blog, February 4, 2011 Continue reading