Coral Gables, Florida Personal Injury Law Blog
Boating Accidents in Florida
Recreational boating is enjoyed by people across the country but is an especially popular pastime in Florida. While boating is meant to be fun, boating accidents and injuries are becoming more prominent with each passing year and Florida leads the rest of the country in boating accidents and injuries. From 2015 to 2019, Florida had more boating accidents and related injuries or deaths than any other state.[i] Most of these boating accidents could have been prevented though, if it weren’t for the carelessness or negligence of other boat operators. Boating Accidents can be caused by an array of natural and...
read moreSlip and Fall Injury – Premises Liability
n many instances, a slip and fall injury could have been prevented if the property owners had kept their property safe. Under Florida Law, all property owners have a duty to maintain their property in a safe condition and may be liable for accidents that happen on their property.[1] However, Florida law places some burdens on the injured party to prove certain elements before they can recover for a slip and fall, especially if they slip and fall on a transitory foreign substance. Transitory Foreign Substances A transient foreign substance is a liquid or solid substance located where it does...
read moreFlorida’s Wrongful Death Act
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,...
read moreHeart Attacks and Medical Malpractice
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...
read moreMedical Malpractice Presuit Requirements in Florida
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...
read moreStill Birth and Fetal Demise
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...
read moreBoating Accidents in Florida
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...
read moreMedical Malpractice Damages Caps in Florida
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...
read moreStrokes
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...
read moreRetained Foreign Objects – Medical 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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