Coral Gables, Florida Personal Injury Law Blog

Florida’s Wrongful Death Act

by Bonner Law | Sep 16, 2020 | Legal Questions/Issues

The death of a family member or loved one impacts a family for a lifetime. In addition to the inevitable grief, shock, and sadness, families may also face financial hardships due to the lost financial support of the deceased, medical bills and funeral expenses. When someone is killed because of the negligence of another or due to an intentional or even criminal act, or because of a defective product, a claim can be pursued under Florida’s Wrongful Death Act.  If a loved one's death is caused by the wrongful actions of another, family members can recover for their pain, suffering,...

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Heart Attacks and Medical Malpractice

by Bonner Law | Sep 04, 2020 | Medical Issues/Negligence

Heart Disease is the leading cause of death for both women and men in the United States. A Myocardial Infarction (MI), commonly known as a “Heart Attack”, occurs when the blood flow to the heart muscle is cut off and a part of the heart muscle does not get enough blood and dies. According to the CDC, around 805,000 Americans have a Heart Attack each year and one in five people who have a Heart Attack are not aware that they are having a Heart Attack.  A Heart Attack requires prompt diagnosis and treatment to reduce the risk of serious...

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Medical Malpractice Presuit Requirements in Florida

by Bonner Law | Aug 25, 2020 | Legal Questions/Issues

Florida is one of several states that has placed restrictions on the filing and prosecution of lawsuits for Medical Malpractice because of a perceived litigation crisis affecting the health care industry.  Medical Malpractice reform in Florida began in 1985 by requiring potential plaintiffs in Medical Malpractice cases to provide a Notice of Intent to each prospective defendant before filing a lawsuit.  In 1988, Florida added a “Presuit Investigation” requirement, which included provisions permitting potential parties to conduct “informal discovery” before a complaint was filed.  Florida’s “Presuit” requirements have been modified several times since then, with the most recent revisions coming...

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Still Birth and Fetal Demise

by Bonner Law | Aug 25, 2020 | Medical Issues/Negligence

A still birth occurs when a mother loses her baby between the 20th week of pregnancy and birth.  Still births can be caused by complications of pregnancy or birth such as: Preeclampsia – when an expectant mother develops high blood pressure during her pregnancy. Chorioamnionitis – an infection an expecting mother can suffer when bacteria moves upward into her uterus and affects the placenta and the membranes around the baby. Cord Prolapse – when the umbilical cord comes through the birth canal before the baby. If this happens in a hospital, action must be taken by the physicians and/or nurses...

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Boating Accidents in Florida

by Bonner Law | Aug 14, 2020 | Medical Issues/Negligence

With its year-round warm weather, Florida is one of the most popular places for boating in the country.  Unfortunately, Florida also has a higher amount of boating accidents per year than any other state in the United States. Boating accidents are often caused by inexperienced or careless operators driving their boat too fast for the conditions, not maintaining a proper lookout or operating their boat while they are under the influence of alcohol or drugs. In Florida there is no minimum age to operate a boat.[1]  Section 327.395(1), Florida Statutes, provides that anyone born after January 1, 1988, must have...

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Medical Malpractice Damages Caps in Florida

by Bonner Law | Aug 05, 2020 | Legal Questions/Issues

Currently, in most cases, there are no caps on the amount of damages that can be recovered by the victim of medical malpractice.   Section 766.118(2)(a), Florida Statutes, imposed certain caps on the Non-Economic Damages (pain and suffering) that victims of medical malpractice could recover, however, the Florida Courts have since found that statute to be unconstitutional. When enacted, the statute provided for different caps on Non-Economic Damages depending on the circumstances and the type of Health Care Provider involved, i.e. Emergency Department, Physician, Hospital, Wrongful Death or Catastrophic Injuries.  For example, the statute provided that non-economic damages for the negligence...

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Strokes

by Bonner Law | Aug 05, 2020 | Medical Issues/Negligence

Unfortunately, strokes are rather common.  While certain risk factors can make people more likely to have strokes, a stroke can happen to anyone at any age.  There are three main types of strokes: Ischemic Stroke Ischemic strokes are the most common type of stroke.  According to the CDC, 87% of strokes are ischemic strokes.[1]  An ischemic stroke occurs when an artery that supplies blood to the brain is blocked.  The blockage reduces the blood flow and oxygen to the brain, leading to brain damage.[2]  The main cause of an ischemic stroke is fatty deposits lining the walls of the blood...

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Retained Foreign Objects – Medical Negligence

by Bonner Law | Aug 04, 2020 | Medical Issues/Negligence

A retained foreign object is a surgical instrument that is accidentally left inside of the patient’s body during surgery.  These can include surgical instruments such as forceps or scalpels, clamps, needles, screws, sponges or anything else used by the surgeon during surgery. Before and after the surgical procedure, it is the Standard of Care for the surgeon and the Hospital Operating Room Nursing Staff to carefully count all of the instruments and other items to ensure that nothing was left inside the patient during the surgery.  These counts must be documented in the Hospital Chart.  When a surgeon is finishing...

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Elder Abuse Laws in Florida

by Bonner Law | Jul 14, 2020 | Legal Questions/Issues

Sadly, elder abuse and neglect is not uncommon.  While a majority of elder abusers are relatives of the vulnerable older adult, Skilled Nursing Facilities, Adult Living Facilities and Acute Care Hospitals account for a significant portion abuse and neglect cases.   To address Elder Abuse, Florida has adopted the Adult Protective Services Act which states that “[a] vulnerable adult who has been abused, neglected, or exploited” may bring a cause of action against the perpetrator “and may recover actual and punitive damages for such abuse, neglect, or exploitation.” Fla. Stat. § 415.1111. Pursuant to Florida Statute 415.102(28), a “vulnerable adult” is...

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Jaundice in Newborns

by Bonner Law | Jul 14, 2020 | Medical Issues/Negligence

Jaundice is a common condition in newborns where the baby’s skin and the white part of their eyes appear yellow. For some babies, Jaundice will go away on its own; but for other babies, treatment is necessary and without treatment there could be serious health consequences. Jaundice is caused by a surplus of Bilirubin in the blood.  Bilirubin is waste created by fetal red blood cells breaking down after birth.  Bilirubin is usually filtered out by the liver but because newborns have a greater amount of red blood cells and their livers are not yet fully developed, the excess Bilirubin...

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