Suing the at-fault driver responsible for your South Florida car accident injuries is really just the first of what could be several legal options. The other driver might be liable for negligent operation of that vehicle, but the vehicle’s owner might be vicariously liable. So too might the driver’s employer,…
A fatal automobile crash spurred a federal wrongful death lawsuit against a tire manufacturer that recently got snagged on the issue of trade secrets. The case illustrates why it’s imperative that those who have suffered a serious injury or death of a loved one due to a car accident seek…
Not every injury that occurs at the hands of a medical professional or inside a medical institution is considered medical malpractice. The Florida Supreme Court once again made this distinction in a recent case when asked to consider whether the trial court made the right decision in tossing a negligence…
The Florida Supreme Court recently sided plaintiffs in a dispute regarding witness testimony in a medical malpractice lawsuit involving a young child forced to undergo a kidney transplant due to alleged failure to diagnose a chronic illness by her primary care doctor. In the case of Gutierrez v. Vargas, plaintiff…
Auto insurers in Florida have two duties with regard to their insureds: A responsibility to indemnify, or pay damages for which insured would otherwise be liable (up to policy limits); Duty to defend insured from legal action (i.e., hire a lawyer and help mount a defense). Even if an insurer…
The ongoing scourge of medical malpractice in Florida is reason the state legislature and health care professionals established the Peer Review process, as outlined in F.S. 395.0193. It’s a means of identifying potential problem areas for individual physicians by having colleagues review their work, with the stated goal being improvement…
By the end of last year, more than 2 billion people were actively using Facebook on at least a monthly basis. Instagram, meanwhile, serves about 800 million active users a month. Users of Snapchat upload approximately 10 billion videos daily. WhatsApp has about 1 billion users a month. So what…
“Never events,” according to the National Quality Forum, are those mistakes that occur during medical care that are: Clearly identifiable; Easily preventable; Serious in their consequences for patients; Indicate major problems in the safety and credibility of a health care center. They include things likes mismatched blood transfusions, major medication…
Every year, hundreds of thousands of patients undergo surgery at one of the nation’s rapidly proliferating surgical centers (estimated to be somewhere between 5,600 to 7,000). In fact, these centers now surpass the number of hospitals, as U.S. regulators trying to lower health costs are green-lighting an expanding number of…
This flu season has been a brutal one, with the U.S. Centers for Disease Control and Prevention reporting more than 60,000 cases since October resulting in hundreds of deaths. Although the flu is a fairly common viral infection, one of the most severe complications is sepsis. This is a type…