Electric scooters (also known as e-scooters) are with increasing frequency sending South Florida riders to hospitals in Fort Lauderdale, West Palm Beach and Miami. According to the Sun Sentinel, more than 100 people have been transported by ambulance to Broward Health Medical Center in the last year – more than one-third of those with head injuries – following e-scooter accidents.electric scooter injury lawyer Florida

In total last year, there were 146 e-scooter accidents reported in all of Fort Lauderdale. In Miami, there were 87 from April 2019 to mid-January of this year.

As more people are riding and helmets are optional, head and facial injuries from e-scooter accidents has tripled over the last 10 years. Head injuries can range from a concussion to a brain hemorrhage and serious blunt force trauma injuries. Unfortunately, many people still don’t seem to realize how dangerous e-scooters can be – which could point to scooter companies’ failure to warn the public. One study by researchers at the University of California found that the percentage of serious head injuries sustained by e-scooter riders is double that of bicyclists. Only about 2 percent to 4 percent of injured riders were wearing helmets, according to the UC analysis. Another study conducted last year by the CDC/Austin Public Health revealed only 1 e-scooter rider out of 190 injured in that city was wearing a helmet.

But as our Fort Lauderdale brain injury lawyers can explain, whether a rider is wearing a helmet or not shouldn’t necessarily bar anyone from filing a lawsuit against a negligent party responsible for these crashes. This is especially true because as long as e-scooters don’t travel more than 30 mph, no helmet is required. Continue reading

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

Insurance companies play a key role in the aftermath of any South Florida car accident – no matter who is at-fault. Although you may be able to manage a very minor fender-bender claim on your own directly with an adjuster, anything involving injuries or substantial property damage warrants a consultation with an attorney. Florida car accident attorney

The reason is that regardless of the feel-good slogans of auto insurers, they are not “on your side.” This is true even if it’s your own insurer you’re dealing with. The fact that you’re the one paying the premiums every month generally doesn’t make insurers any more inclined to issue a payout.

Possible Insurance Claims in a Florida Car Accident

The types of claims you can file in a South Florida car accident will depend heavily on what exactly happened, how seriously you were hurt and the terms of the insurance policies involved. Continue reading

A South Florida plastic surgeon facing a medical malpractice lawsuit in the 2016 death of one patient is now facing a new allegation of malpractice after another patient said a breast lift and tummy tuck left her scarred for life. NBC-6 Miami reports the second patient survived, but only after emergency surgery and multiple skin grafts. Doctors at the hospital told her if she had waited another day to have her wounds treated, she would have died. plastic surgery medical malpractice

The Florida Department of Health alleges the surgeon involved breached the standard of medical care expected of him by:

  • Failing to obtain a complete and comprehensive physical examination of the patient;
  • Failing to obtain a complete medical history of the patient;
  • Failing to see or contact the patient within 24 to 48 hours after surgery.

The surgeon does not agree with the allegations, and plans to fight them in court. He was already facing allegations of medical malpractice wrongful death involving a patient who died in 2016 while under his care at a now-closed Hialeah clinic.

When Plastic Surgeons Can Be Held Liable for Damage

Plastic surgery, also sometimes referred to as cosmetic surgery, are generally elective procedures undergone by those who wish to improve their personal appearance. In some cases, they are necessary to correct the after-effects of a serious accident or illness.

Plastic surgery is a field that is attractive to many physicians because it is so lucrative, particularly in high-income areas. However, as our West Palm Beach medical malpractice attorneys have seen, a doctor who does not have the proper knowledge, training, experience, staff or equipment to safely perform plastic surgery can cause serious harm. Continue reading

A waiver of liability is an increasingly common way for businesses to throw up a shield against legal responsibility for patron injuries. They are especially common where activities might pose a higher-than-average risk. Examples might be trampoline parks, jet skiing or skydiving.South Florida injury lawyer

However, as our West Palm Beach injury lawyers can explain, signing a waiver of liability won’t absolutely sabotage the legitimacy of your injury claim. If you can prove the waiver failed to meet certain legal criteria or if there is evidence of reckless or intentional wrongdoing, you may still be able to pursue your claim for damages. The same goes for many claims involving children involved in commercial activities, as noted by the 2008 Florida Supreme Court decision in Kirton v. Fields.

While it’s true that waivers of liability can insulate organizations and businesses from legal responsibility for acts of negligence (i.e., lack of reasonable care) they can’t protect against gross negligence. Gross negligence is the deliberate disregard for someone else’s safety by an act or omission the defendant knew or should have known would put another in danger. Continue reading

When we talk about “damages” in a South Florida personal injury lawsuit, we’re referring to the monetary value of what you have lost as a result of the incident or accident. Some losses obviously have no price tag, but that doesn’t mean those responsible shouldn’t be held accountable for it. You have likely heard of damages for medical expenses, wage losses, pain and suffering and even mental anguish. One type of damage lesser known (but no less important) is specifically for those closest to the person hurt or killed. It’s called loss of consortium. South Florida personal injury lawyer

Loss of consortium, as defined by the Florida Supreme Court in the 1971 case of Gates v. Foley, is filed by the spouse of the person injured as a result of a third party’s wrongful conduct. It’s intended to compensate a surviving spouse for loss of affection, solace, comfort, sexual relationship, fellowship, society, household services and assistance necessary for a successful marriage.

(Minor children and parents of minor children might also have grounds for loss of consortium in some circumstances.)

It’s important to understand that while a claim for loss of consortium is a claim separate and distinct from the primary claim, Florida courts have long held it is nonetheless a derivative one. That means its success is dependent on the injured person’s underlying claim. However, it’s possible that an impaired spouse’s claim could be settled and the deprived spouse’s loss of consortium claim would still proceed to trial. Continue reading

A South Florida trucking accident has the potential to completely upend and alter innocent lives forever. The way you proceed in the hours, weeks and months that follow can have a big impact on your ability to recover damages for your injuries. In order to know what to do, you must know what to expect. South Florida truck accident lawyer

According to the Federal Motor Carrier Safety Administration (FMCSA), nearly 12.5 million commercial large trucks and buses are registered in the U.S., logging some 300 billion miles nationally every year. Of the more than 37,000 fatalities on our roadways every year, nearly 4,900 – or 13 percent – involve a large truck or bus. Annually, there are more than 450,000 large truck and bus accidents reported to police. Of those, 23 percent involve a serious injury – some 345,000 in all. The vast majority of those injured and killed in South Florida truck accidents are occupants of other vehicles. Pedestrians and bicyclists also face an out-sized risk against these highway behemoths.

Florida is among the top five worst states for large truck and bus fatalities nationally. Between 180 and 300 Florida truck accident deaths have been reported every year in the Sunshine State since 2007. Many more are injured. Continue reading

Active duty military members now have the right to sue for medical malpractice injuries after a December vote by Congress to enact a new provision to the National Defense Authorization Act. South Florida medical malpractice lawyer

As our South Florida medical malpractice attorneys can explain, long-held legal precedent has been that service members are prohibited from suing the Armed Forces for negligence during active duty that resulted in injury. This principle has come to be called “the Feres Doctrine,” after a watershed 1950 U.S. Supreme Court ruling in Feres v. U.S. It’s been used to toss dozens of cases of serious medical malpractice injury suffered by service members – or discourage them from filing any claim altogether.

The soldier for whom the doctrine is named was a highly-decorated WWII veteran who parachuted into Normandy during D-Day. He prevailed through some of the worst fighting of the war – but died in barracks fire while on base in the U.S. His widow filed a negligence lawsuit against the Army under the Federal Tort Claims Act for its negligence in causing the fire (unsafe due to faulty heating system). The ruling that resulted denied her – and countless other active-duty soldiers and surviving family members – from holding the U.S. government accountable for negligence that occurred during active duty. Continue reading

The new hepatitis C drug was hailed as “miraculous.” Physicians on a panel of experts granting U.S. Food & Drug Administration approval enthused it was “a game changer,” able to cure a stubborn, painful disease in just three months. What the experts did not know was that the FDA’s own drug quality inspectors had recently strongly advised against giving the drug a stamp of approval. West Palm Beach drug litigation attorney

In a 15-page disciplinary report, FDA inspectors eviscerated the drug manufacturer’s primary testing laboratory for numerous failed quality control measures, including:

  • Improperly-stored samples;
  • Inadequately-reviewed failures;
  • Testing results vulnerable to tampering.

Our West Palm Beach drug litigation lawyers know that poor quality control for prescription drugs has been a noted problem where overseas-manufactured generic brands are concerned. However, what this instance highlighted was the fact that brand name prescription medications made by well-known, highly-profitable corporations in the U.S. are also plagued by these same concerns – and oversight appears to be lax.

Despite the fact that the FDA’s own inspectors sounded the alarm internally about the hepatitis drug, those issues were resolved confidentially – without any further inspection required before the medications were approved for marketing and sale to the American public.

This does not appear to be an isolated example, according to an ongoing investigation by Kaiser Health News. In fact, some drug companies pay expensive fees for expedient FDA reviews.
Continue reading

For nearly 20 years, reports of widespread failures of more than 100 medical devices leading to scores of serious personal injuries were concealed from the public in a federal database about which few patients, doctors or regulators knew. medical device litigation

Earlier this year, a Kaiser Health News investigation revealed more than 5.7 million medical device-related injuries among patients across the U.S. Reports of those were filed through an internal FDA “alternative summary reporting” archive, rather than the more heavily-scrutinized public database known as MAUD. That database is used by physicians, public health advocates, medical device engineers and our own South Florida medical device litigation attorneys to identify patterns of problems with medical devices that put patients at risk. KHN reported that not even the FDA’s own commissioner was aware of the database, which included a voluminous list of devices like breathing machines, surgical staples, implantable defibrillators, breast implants, tooth implants and and in-heart balloon pumps.

And that wasn’t even the only “secret” database. The FDA also had a “registry exemption” that device manufactures could request to use for reporting injuries resulting from more controversial medical devices, such as pelvic mesh. Another allowed for “litigation complaint summary reporting,” where medical device manufacturers could send a single injury report that might detail thousands of pending lawsuits predicated on similar patient injuries. Continue reading

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