Coral Gables, Florida Personal Injury Law Blog
Torn Meniscus
What is a torn meniscus? The meniscus is a C-shaped piece of cartilage that acts as a cushion between the thighbone, kneecap, and tibia to prevent them from rubbing against each other.[1] It also functions as a shock absorption, allowing us to walk and run without damaging the bones that meet at the knee.[2] Each knee joint contains two menisci. Damage to this is a torn meniscus. It is one of the most common types of knee injuries.[3] A meniscus tear rarely heals on its own. Once it tears, use of the knee prevents healing and may aggravate the situation.[4]...
read moreObstetric Emergencies and Conditions – Delivery Room Errors
Labor and delivery can quickly transform from what should be one of the happiest moments of your life into a life-threatening emergency for both mother and baby. However, when Labor and Delivery Nurses or Obstetricians do not follow the standard of care in an emergency situation, their negligence can cause devastating injuries, or even death, to both the mother and baby. Some of the more common delivery room errors include: Delayed Cesarean Section Delivery: Delay in performing a C-Section is, by far, the leading cause of malpractice-related birth injuries because negligent delay in performing an emergency C-Section is known to...
read moreHypoxic-Ischemic Encephalopathy (HIE)
HIE is a brain injury caused by a lack of oxygen before, during, or after a baby is born. HIE is otherwise known as birth asphyxia which can be characterized by a lack of oxygen in the baby’s blood (hypoxia) or a lack of blood flow to the baby’s brain (ischemia). Causes of HIE Unfortunately, there are many different possible causes of HIE. Sometimes, the cause of fetal HIE is unknown. Some of the known possible causes are:[1] Maternal diabetes with vascular disease Problems with blood circulation to the placenta Preeclampsia Chronic hypertension Cardiac disease Congenital infections of the fetus...
read moreFlorida’s Baker Act- Your Rights
When people are “Baker Acted,” it usually means they have been committed to a medical facility because they exhibited behavior that suggests they may be a threat to themselves or others. The Baker Act is the more common name for The Florida Mental Health Act which represents the Florida legislature’s efforts to provide necessary care and research for mental, emotional, and behavioral disorders. Even though the Baker Act may seem daunting, it actually outlines many rights for individuals who are involuntarily evaluated and committed by healthcare facilities. Some of your rights under the Baker Act are: If you are admitted...
read moreFlorida’s Marchman Act
The Hal S. Marchman Alcohol and Other Drug Services Act is otherwise known as the Marchman Act. The Florida Legislature enacted the Marchman Act to help combat the growing drug and alcohol addiction epidemic. The Marchman Act established a statewide Drug Policy Advisory Council and requires each county in Florida to fund a treatment-based drug court program that people can be directed to by court order. The Marchman act also guides how individuals can be involuntarily committed to drug or alcohol addiction treatment. Involuntary Admission Under the Marchman Act Under the act, someone may only be admitted involuntarily if: They...
read moreVaping Lawsuit Basics
Legal actions against vaping companies for injuries associated with the use of electronic cigarettes and vapes looks different than your typical lawsuit. What you sue for, who you sue, and how you file your lawsuit are all features that can make your vaping lawsuit look different than your typical personal injury lawsuit. What can I sue for? Like any lawsuit, you have to allege an injury of some sort in order to file a claim. Vaping is associated with severe, adverse health effects. If you are curious about the common injuries associated with vaping, please refer to our prior Blog...
read moreCommon Illnesses Associated with Vaping
Vaping began to rise in popularity in the Summer of 2019, especially among teenagers and young adults. However, by February 2020, the CDC reported nearly 3,000 injuries requiring hospitalization associated with vaping.[1] Over 1/3 of the individuals hospitalized with vaping injuries are between 18 and 24 years old.[2] The vaping injury epidemic for America’s youth is worsening as the long-term health effects of vaping are surfacing in young adults. Some of the common illnesses associated with vaping are: Popcorn lung: Popcorn lung is the colloquial name for bronchiolitis obliterans, or the scarring of the tiny air sacs in the lungs...
read moreStatus of Person on Property – Premises Liability
Slip and fall injuries often occur because of a dangerous condition on the property that the property owner could have prevented. Generally, property owners have a duty to exercise reasonable care in maintaining his property and ensuring the safety of third parties. However, the extent of a property owner’s duty to third parties depends on the legal status of that third party. In Florida, legal status means a category for the entrant, or a legal label assigned to the entrant primarily based on their reasons for entering the property. There are three different legal statuses Florida courts consider: Invitee, Licensee,...
read moreComplications of Laparoscopic Gallbladder Surgery
The gallbladder is a small organ underneath the liver that stores bile, or the liquid produced in the liver that helps digest fats.[i] The gallbladder releases the bile into the small intestine to help break down fats so they can be absorbed and used by the body.[ii] While the gallbladder is an important part of the digestive system, sometimes medical complications require removal of the gallbladder. There are various medical diagnoses, complications and illnesses that subsequently require gallbladder removal.[iii] Cholelithiasis, or gallstones that form when liquid bile solidifies in the gallbladders, is the most common reason for gallbladder removal.[iv] When...
read moreInjuries and Conditions Related to Premature Births
A premature baby is a baby born before 37 weeks of pregnancy.[i] Because of their low birth weight and underdeveloped organs, a baby born prematurely is at a higher risk of health complications and birth injuries.[ii] Premature births may be preventable by adequate prenatal care by the treating physician. One of the most common complications premature babies experience is Respiratory Distress Syndrome. Because the lungs are one of the last things to develop during pregnancy, babies born prematurely could have under-developed lungs that do not produce enough surfactant, the liquid produced in the lungs that keeps the airway open.[iii] A...
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