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As West Palm Beach medical malpractice lawyers, we’ve been carefully watching the shifting landscape of OBGYN healthcare since the U.S. Supreme Court’s overturning of Roe v. Wade last year.Florida medical malpractice abortion bans

Since then, many states – including Florida – have moved to substantially restricted abortion access. Along with that, there have been a growing number of reports of doctors and hospitals refusing to end pregnancies, even when women are facing life-threatening complications. While most state with abortion restrictions have carved out exceptions when the life of the mother is in jeopardy, healthcare providers say these exceptions are so narrowly written that they run the risk of criminal prosecution or loss of their medical license if they act before the woman’s situation is truly dire.

Much of this comes down to the fact that clearly identifying when a condition is “life-threatening” isn’t so simple. Every scenario is different, and there may not be universal consensus. Further, even when doctors know the woman’s situation WILL inevitably become life-threatening if they don’t act, they say the law paralyzes them from doing anything until her life is actually in danger.

Take for example a case that ABC News reported on about a woman in Texas who had to wait until she developed sepsis – a life-threatening infection of the blood – before doctors were willing to provide her with a lifesaving abortion. They knew she would develop sepsis, but reportedly couldn’t do anything to help her until she did. She was 4 months pregnant when her water broke, causing her to lose her amniotic fluid, which is essential to keeping a fetus alive. Texas law prohibits abortion after fetal cardiac activity is detected. So even though she arrived at the hospital, shaking, feverish, no amniotic fluid, and no chance the fetus would survive, doctors said they could not provide her immediate emergency abortion care – because the fetus’s heartbeat was still detected. She had to wait nearly a full day to develop full-blown sepsis before she could acquire abortion care. Doctors told her, “You will get very sick before we can help you.” Had she been a patient in a state with less restrictive abortion laws, she could have received abortion care immediately and avoided sepsis – and all the major health risks that go with that. She reportedly continues to suffer health complications because of that infection.

In Florida, abortions after 6 weeks were recently banned by a law signed by Gov. Ron DeSantis. However, that ban is on pause until the Florida Supreme Court can weigh in. For now, Florida is a top destination for Southerners seeking abortions up to 15 weeks. There’s no assured timeline – or outcome – in the state high court decision, but it’s widely expected that the conservative-leaning court will allow the abortion restrictions – with no exceptions for rape or incest – to remain in place.

Will Doctors Refusing Abortions Be Shielded From Florida Medical Malpractice Claims?

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Jurors awarded nearly $300,000 to a woman who suffered a broken leg and shoulder in a South Florida slip-and-fall injury that occurred on a cruise ship seven years ago. As our Palm Beach premises liability lawyers can explain, proving legal responsibility in such cases is rarely a cakewalk, particularly in a higher-value claim. Slip-and-fall cases especially have a high proof burden, as outlined in F.S. 768.0755.Cruise ship injury lawyer Florida

In this case, according to Daily Business Review, the 64-year-old passenger was reportedly walking across an exterior passageway of the ship when she fell. The ship, which departed from Tampa, was in the Caribbean Sea at the time of her fall. As a result of the fall, she sustained serious injuries to both her leg and shoulder (a fractured left femur and a displacement fracture of her right shoulder).

The day after the accident, she disembarked the ship and was treated in Fort Lauderdale’s Broward Hospital Medical Center, where she had a rod placed in her leg and plates and screws placed in her shoulder. She endured nearly two weeks in the hospital, followed by nearly a month of inpatient rehabilitation therapy. There were also numerous follow-up orthopedic evaluations, with treatment concluding about five months after the trip. Ongoing health issues stemming from the fall include residual pain and certain limitations. She cannot easily raise her right arm anymore, and long periods of walking leave her in great pain. Despite reaching maximum medical improvement, these problems persist and may never go away.

In her subsequent South Florida slip-and-fall injury lawsuit (filed in federal court), she alleged the owner/operator of the ship was negligent in creating a dangerous condition that resulted in her fall. Specifically, she said her leg caught on a lounge chair, one of many chairs aligned in a row on a narrow, curved passageway next to a restaurant. The woman was walking behind her husband at the time because the walkway wasn’t wide enough for them to walk side-by-side. Her husband walking in front of her, she said, obscured her view of the chair. At trial, a cruise ship safety expert for the plaintiff testified that the chairs presented a walking hazard in that they substantially reduced the amount of space pedestrians had while traversing the walkway. Continue reading

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Sexual cyberhassment, more commonly known as revenge porn, is when someone posts or distributes intimate videos, photos, or images of another person online without their consent and with the intention to harass or upset that person. In general, when a person gives consent for a depiction of themselves in a sexually explicit image, the reasonable presumption is that they expect that image is going to remain private – even if they share it with someone else, such as an intimate partner. Violation of that trust is cyber sexual harassment.West Palm Beach sexual abuse lawyer

As a crime, sexual cyberharassment in Florida is a third-degree felony, which carries a maximum penalty of 5 years in prison, per F.S. 784.049. Identifying information of the person depicted is a key element in the charge, as is the intent to cause emotional distress.

In addition to seeing justice through criminal charges and penalties, victims are within their rights to pursue monetary damages against the offender. As our Palm Beach sexual abuse lawyers can explain, the statute explicitly grants victims of this crime the right to initiate a civil action against the person who broke the law for various remedies, which may include:

  • Injunctive relief. This is an order to prevent, stop, or command certain behaviors.
  • Monetary damages of up to $5,000 or actual damages incurred as a result of violation of the law – whichever is greater. Damages can include things such as medical bills, lost wages or employment, and physical and emotional pain and suffering.
  • Reasonable attorney fees and costs.

There may be additional avenues  in civil court to pursue for compensation in a case of sexual cyberharassment, but it will depend on the exact facts of the case and whether other entities had any degree of control over the offender. In particular, we’d be interested in analyzing whether the incidents occurred to any extent in the course and scope of employment. If an employer ignored a claim of sexual harassment in the workplace, there could be liability. Businesses have a responsibility to hold employees accountable for sexual harassment once it’s been reported. Schools, too, may be liable if they were made aware of a problem and failed to address it. Continue reading

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All vehicle owners in Florida are required to carry auto insurance. However, as our Palm Beach car accident lawyers can explain, those policy limits are sometimes hardly enough to cover your losses. Beyond that, insurance researchers report 1 in 5 drivers in Florida have no insurance at all. Palm Beach car accident attorney

In cases where a car accident victim’s damages (or amount of losses) are higher than the insurance policy limits, the defendant driver may be personally liable for the rest. We may also look to other potential avenues of liability, such as your own uninsured/underinsured motorist coverage carrier, the owner of the vehicle defendant was driving (if different from the at-fault driver) or other third parties (businesses, government agencies, etc.).

By working with an experienced South Florida injury lawyer, you are assured that someone is fighting for your full and fair compensation. Continue reading

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Teen drivers are notorious for being accident-prone. Their biggest disadvantage is their lack of experience, but they’re also poor judges of risk and are more likely to engage in hazardous behaviors behind the wheel, such as speeding and texting. A recent survey by consumer motorist researchers at Co-Pilot revealed teens in Florida are among the highest risk nationally, being more likely to drink and text while driving and less likely to wear a seat belt. Palm Beach car accident lawyer

The analysis looked at numerous risky driving behaviors, and ranked Florida teens 13th in the country. Nearly 8 percent don’t wear their seat belts, 6 percent admit to drinking and driving at some point in the last 30 days and 36 percent confess to texting and driving. All of these are illegal and increase the risk of a crash (or severity of injuries).

Florida, like many states, has numerous safeguards to help reduce the risks posed by teen drivers. For example, we have a graduated licensing process intended to help teens work up their experience level on the road with guidance from an older, responsible driver and fewer in-vehicle distractions (fellow teen passengers).

Insurers are likely to charge much more for teen coverage too, which is understandable, but the high rates can backfire.

As longtime Palm Beach car accident lawyers, we know teens are also less likely to have adequate insurance to cover the damages if they cause a crash. Frequently in such cases, we pursue vicarious liability against the teen driver’s parents as owners of the vehicle. Vehicle owners can be held liable – even if they weren’t driving – because in Florida, vehicles are considered dangerous instrumentalities. Continue reading

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The phrase “pain and suffering” is familiar to many people even outside the legal sphere, but it’s not as well understood. It does not mean anyone is entitled to money just because they were hurt. It also not a catch-all for every loss. As it pertains to Florida injury lawsuits, pain and suffering is a broad term, but technically speaking covers the general, non-economic damages associated with the physical and emotional distress of an injury caused by someone else’s negligence.pain and suffering in Florida injury lawsuits

Although it’s something of an abstract concept, a person who claims pain and suffering can receive cold, hard cash for the carelessness or wrongdoing that led to injury. Legally, it can be tough to establish because it’s not just the pain of a physical injury, but the mental and emotional anguish that accompanies it. Having a South Florida injury lawyer who can help accurately assess your pain and suffering damages and convey those to decision-makers can be pivotal in ensuring you receive fair compensation. Continue reading

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A water slide at Universal’s Volcano Bay water park in Orlando has reportedly caused more than 100 Florida tourist injuries, including one man from New York who was reportedly paralyzed last year. South Florida injury lawyers

As longtime Florida tourist injury lawyers in West Palm Beach, we’re familiar with the Florida law that only requires theme parks to report ride injuries to the state when the person hurt is hospitalized for at least 24 hours. That means the actual number of injuries at theme parks are likely much higher than what’s reported to the public. Further, park visitors should know that they may have a right to monetary damages – even if their injuries didn’t meet the park’s criteria for required public reporting.

The ride in question is a series of four slides, called Punga Racers, with riders ultimately splash-landing into catch pools. According to court records and reporting by the Orlando Sentinel, the 115 injuries visitors suffered after riding the Punga Racers water slides ranged from mild to severe, and included:

  • Scrapes
  • Nosebleeds
  • Concussion
  • Neck whiplash
  • Paralysis

Two ride safety testers were also injured. But in all of those, only one – the paralysis – was considered reportable to the state. Continue reading

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A city police officer struck by a van and seriously injured while directing traffic in Florida secured a claim for workers’ compensation and a settlement of $1.5 million against the at-fault driver. More recently though, he lost his claim for bad faith insurance. Florida car accident lawyer

Florida’s bad faith insurance law is designed to protect people why buy insurance and fulfill their contractual obligations (paying their premiums) by making sure the insurer acts in good faith when investigating, handling and settling an insured’s claims. Insurers are compelled to settle claims when a reasonably prudent person would. Failure to settle when extended a reasonable offer to do so can give rise to a bad faith insurance action.

In deciding whether an insurer has acted in bad faith, courts are supposed to consider the totality of the circumstances. The standard isn’t negligence but whether the insurer acted diligently with the same speed, care and rigor it would if it were in the insured’s shoes in working to avoid an excess judgment.

In many bad faith insurance claims stemming from auto accidents, the third-party injured person can obtain from the right to step into the shoes of the at-fault driver insured and pursue a claim against the at-fault driver’s auto insurer. That was what happened in the recent bad faith insurance case involving the Florida city police officer. Continue reading

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In a review of a federal district court’s handling of a Florida birth injury lawsuit, the U.S. Court of Appeals for the 11th Circuit wrote the lower court, “Did an admirable job of MacGyvering a solution in this case, and we affirm much of what it did.” The appellate court did reverse a small portion of the Florida medical malpractice birth injury decision, which had been appealed by both sides.Naples medical malpractice attorney

There were two primary statutes in play here:

  • The Federal Tort Claims Act, 28. U.S.C. 2674, requiring courts to (as the appellate court put it) “MacGyver a remedy fashioning tort-damages awards against the U.S. where the unique aspects of the federal government make it difficult or impossible to strictly apply a state damages statute to the government… (approximating) the statutory remedy as closely as they can to achieve the ends required by the FTCA.”
  • F.S. 768.78(2), Florida’s medical malpractice damage statute.

Essentially, the court cobbled together a remedy for civil damages in this birth injury lawsuit where the guidelines of both laws weren’t precisely aligned. Naples medical malpractice lawyers recognize this underscores the fact that having an attorney well-versed in federal and state law proves crucial time and again in these cases, particularly when the exact remedy isn’t obvious. It’s the injury lawyer who will be trusted by plaintiff to make a strong case for maximum monetary relief and accountability.  Continue reading

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Florida slip-and-fall claims have an undeserved reputation of being exaggerated or a means to make an easy buck with an injury lawsuit . The truth of the matter is falls are one of the leading causes of unintentional injuries and deaths nationally. Falls can occur at home, in health care settings, at work and in business locations (i.e., restaurants, hotels, retail stores, amusement parks, etc.). Work-related falls will most likely be covered by workers’ compensation insurance. Falls involving patients in nursing homes or hospitals may be actionable if there is evidence of negligent care or supervision. Those injured in a fall while patronizing a business may have a cause of action if it can be proven the business breached a duty of care to its customers. That’s no minor hurdle. slip and fall attorney

In 2010, Florida lawmakers passed F.S. 768.0755, which makes it more difficult for those injured in a slip-and-fall involving a transitory foreign substance in a business establishment to obtain compensation. One must prove the business had actual or constructive knowledge of the dangerous condition and failed to remedy it. Actual knowledge would involve a situation where employees either created the hazard or were put on notice of that particular spill. Constructive knowledge involves circumstantial evidence showing the dangerous condition existed long enough the business should have discovered it in using ordinary care or that the condition occurred regularly so was foreseeable.

Although Florida slip-and-fall lawsuits can motivate businesses to be proactive, these incidents nonetheless still occur. A recent CNA Slip and Fall Study Report found that inadequate flooring was the primary culprit in most of these cases. Of the thousands of sites analyzed, the insurance and risk management services provider found that roughly half failed in the dynamic coefficient of friction level (which per the American National Standards Institute is 0.42).  Continue reading

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