A baby admitted to the hospital with the flu left with severe and permanent brain damage as a result of Miami medical malpractice by a nurse who was high on drugs. That’s the plaintiff’s allegation in a recently-filed South Florida injury lawsuit. The Miami Herald reports the child now has…
South Florida Injury Lawyer Blog
Government Drops Appeal of $42M Birth Injury Verdict in Medical Malpractice Lawsuit
South Florida medical malpractice attorneys recognize obstetrics and gynecology as a medical practice area with higher-than-average rates of litigation. Malpractice in obstetrics and gynecology can result in catastrophic injuries and fatalities for both women and babies. A recent survey by Medscape revealed some of the top reasons for lawsuits against…
Florida Hot Tub Injury Results in $7.5M Damage Award
Florida consistently has one of the highest percentages of properties with pools and hot tubs, with the Association of Pool & Spa Professionals reporting nearly 335,700 hot tubs in the state as of 2015, with an additional 9,400 being added annually. Many of these are prominent features at resorts, hotels,…
Estate Sues Bars, Restaurant for Failure to Prevent Fatal, Drunken Brawl
The question of what degree of care property owners owe patrons in Florida depends on numerous factors, including the visitors’ purpose on site, how the dangerous condition arose and whether the risk was foreseeable to the owner/ occupier. Although we generally think of Florida premises liability cases to involve things…
Defective Guardrails Reportedly Linked to Deadly Crashes
A grieving father whose daughter was killed in a highway motor vehicle accident in Tennessee involving an allegedly defective guardrail purchased a television advertisement at a local West Palm Beach affiliate airing the Super Bowl in President Donald Trump’s Mar-a-Lago resort community. The father did so in the hopes the…
Rear End Collision Creates Rebuttable Presumption, Not Immune From Challenge
Courts in Florida have established a legal concept known as “rebuttable presumption” when it comes to rear-end collisions. The rebuttable presumption is that if a vehicle strikes another from behind, the rear vehicle was presumptively negligent, though that can be rebutted. There are some specific exemptions to the rule, and…
Personal Breathalyzers Proven to Reduce Drunk Driving Accidents
Drunk driving is a major threat to Florida motorists, with the U.S. Centers for Disease Control & Prevention reporting nearly 8,500 people were killed in Florida drunk driving accidents between 2003 and 2012. The rate of people who self-report driving after having too much to drink in Florida is 2.1…
Medical Malpractice Settlement for $2 Million After High School Senior’s Death
Failure to diagnose is the No. 1 reason physicians face medical malpractice claims. One study in 2013 published in the journal BMJ Open analyzed claims against primary care physicians in the U.S., Australia, France and Canada and found that between 26 and 63 percent of all medical malpractice lawsuits stem…
$26M Medical Malpractice Verdict Results in $25M Settlement and Drop of All Future Appeals
Most people assume the end of the road for a Florida medical malpractice lawsuit is the verdict. However, that is not the case as there is always the potential for appeal. The National Center for State Courts reports medical malpractice cases have an appeal rate of 18 percent. Those cases…
Report: Florida Medical Malpractice Lawsuits Rarely Lead to Professional Discipline
We know that successful medical malpractice lawsuits are first and foremost intended to compensate victims of careless doctors, hospitals, nursing homes and other health care providers. But the other function these claims serve is to alert both patients and state health officials to problematic trends with individual caregivers and facilities. …