South Florida Injury Lawyer Blog

“Never Events” – Florida Medical Errors in Surgery Can Lead to Litigation

July 18, 2021 | by David J. Halberg, Esq.

Recently in another state, a hospital admitted a patient received a kidney meant for someone else. The hospital released a statement apologizing for the medical error and said two employees were placed on leave. The only good news is that while the kidney was given to the wrong patient, it is compatible with that person, who is expected to recover. Meanwhile, the surgery for the intended patient has been delayed. NPR reports the hospital is reviewing what went wrong and how to prevent similar mistakes. Palm Beach medical malpractice lawyer

Such incidents are what are referred to by healthcare professionals and medical malpractice lawyers as “never events.” These are errors in medical care that are:

Clearly identifiable.
Preventable.
Serious in their consequences for patients.
Indicate a real problem in the safety and credibility of a health care facility.

These can include wrong side, wrong site, wrong procedure, wrong patient. Simply put, they are things that should never happen. When they do, patients adversely affected are rightly entitled to some form of compensation for medical expenses, lost wages, pain and suffering, loss of life enjoyment, loss of consortium (spouse) and wrongful death. Continue reading

What if I Was Partially At-Fault in My South Florida Motorcycle Accident?

July 8, 2021 | by David J. Halberg, Esq.

If you’re in a South Florida motorcycle accident, you may have sustained substantial injuries and are wondering what to do next. It can be more perplexing if you’re fairly sure you were at least partially at-fault for the crash. motorcycle accident lawyer West Palm Beach

Two things to bear in mind:

Never voice your conclusions of fault to the other party or to any insurance representatives without first talking to an injury lawyer. Even if you strongly suspect you’re to blame, there may be factors about which you’re unaware/that were out of your control that skew your perception of events.
Even if you were partially at-fault for what happened, Florida law favors a system of fair compensation for which everyone pays their own share. This is called comparative fault, and it means that if you were 30 percent at-fault and the other driver was 70 percent, the other driver would be responsible to pay 70 percent of your damages. So if your total losses were $100,000, you’d be entitled to receive $70,000.

Keep in mind that the final word on fault and what percentage each party shares is not up to the investigating police officer nor necessarily the insurance adjuster. Disputes with regard to fault are settled either in negotiations with your attorney and the insurer(s) and/or by a mediator or judge.

A West Palm Beach motorcycle accident lawyer can carefully investigate your case and gather evidence that will allow proper apportioning of fault. We’ll also work hard to protect your right to recover full and fair compensation. Continue reading

What You Should Know About South Florida Premises Liability Claims

June 25, 2021 | by David J. Halberg, Esq.

Whether we’re talking about a slip-and-fall, dog bite, or amusement park injury, getting hurt on someone else’s property isn’t something for which people plan. It is, however, something certain property owners in Florida have a legal responsibility to anticipate and prepare for to some extent. South Florida injury lawyer

When they fail to do so and you’re hurt, you can pursue something called a premises liability claim.

It’s important if you’re injured to get prompt medical attention, document the scene and the injury and consult with an experienced West Palm Beach injury attorney before making any major decisions or moves.

What is Premises Liability?

A premises liability lawsuit is a means to hold a property owner responsible for damages that arise from injury on the defendant’s property. In Florida, owners (and sometimes certain occupants) of a property are required to make a reasonable effort to maintain it to ensure it’s reasonably safe for lawful visitors. Failure to do so opens defendants to premises liability claims.

Some situations that may give rise to a Florida premises liability claim may include:

Slip-and-fall injuries.
Animal or dog bites.
Inadequate security.
Drowning or swimming pool injury.
Dangerous conditions for children (attractive nuisance).

When Road Rage Results in Serious Florida Car Accident Injuries

June 20, 2021 | by David J. Halberg, Esq.

Road rage puts motorists at high risk of serious injury and death. And studies show people are aware that aggressive driving behavior is a major problem that contributes to traffic fatalities – yet 75 percent of U.S. motorists admit to driving aggressively. A higher percentage than that admitted in a survey to experiencing anger, aggression or road rage at some point behind the wheel in the 30 days prior. West Palm Beach road rage

It’s most commonly punctuated with tailgating, honking or yelling, though it’s defined as any extreme anger or aggression intending to create or cause physical harm. It might also involve:

Speeding in heavy traffic.

Florida School District Liability for Student Sexual Assault

June 15, 2021 | by David J. Halberg, Esq.

Schools are supposed to be safe places. But childhood sexual abuse has long been a scourge, and nowhere is fully protected. Data released last year by the U.S. Department of Education revealed sexual violence at K-12 schools rose by about 50 percent in a single recent school year, from 9,600 in 2015-2016 to 15,000 in 2017-2018. South Florida sexual abuse attorney

While discourse around sexual assault in the education world has historically revolved around college campuses (where 1 in 5 women report experiencing sexual violence), our South Florida sexual abuse attorneys know the problem isn’t confined to those locations, or even to older students.

Exacerbating the problem is that administrators in K-12 schools are more likely to be unprepared or unaware of their duties under state and federal law when it comes to handling allegations of sexual assault. Students may not know who to tell and some have even been punished for coming forward.

If your child has suffered sexual abuse at school in Florida, it’s important to understand that it’s not just a criminal investigation that will ensue, but that you can often pursue civil penalties as well. For example, virtually all courts recognize that a child abuse reporting statute (in Florida, F.S. 39.201) establishes a duty to children, the breach of which can be the basis for a civil lawsuit for damages. So if a school employee learns of abuse and fails to alert proper authorities, the school district and the staffer can be held liable in civil court. Continue reading

When Florida Anesthesiologists Make a Mistake

June 2, 2021 | by David J. Halberg, Esq.

Two recent Florida medical malpractice involving anesthesiologists have made national headlines, shining a spotlight on incidents involving these highly-trained medical professionals. anesthesiology error

Physician anesthesiologists are responsible to evaluate, monitor, and supervise patient care during and after surgery. They are tasked with delivery anesthesia, which is medication that helps with care, pain management and critical care medicine. There’s general anesthesia, where a patient is made to be completely unconscious. Then there’s regional anesthesia, where only part of someone’s body is anesthetized (such as in an epidural/spinal block). Lastly, there is local anesthesia, in which numbing medication is only applied to a small part of the body. Anesthesiology is not a field that leaves much room for error.

Anesthesia error can lead to serious, lifelong injuries or even deaths. Mistakes such as too much anesthesia, too little anesthesia, the wrong type of anesthesia, or failure to properly monitor a patient before, during, or after anesthesia is administered can be the basis for a South Florida medical malpractice claim that may hold the hospital, surgery center, anesthesiologist or other medical staffers accountable. Continue reading

Florida’s No-Fault Car Insurance Law May Be Steering Toward an Exit

May 27, 2021 | by David J. Halberg, Esq.

Florida lawmakers want to put the brakes on the state’s decades-old no-fault car insurance law. Both the state Senate and House passed a measure that would repeal the seventies-era statute requiring personal injury protection (PIP) coverage in favor of a system that would instead require all drivers to carry bodily injury liability coverage. West Palm Beach car accident lawyer

Our West Palm Beach car accident attorneys know the decision, which is now in Gov. Ron DeSantis’ court, could have a significant impact in the way we pursue damages in Florida car accident cases.

This state is one of only a handful remaining that uses the no-fault system of car insurance. As it stands, all vehicle owners are required per F.S. 627.736 to purchase PIP, which offers up to $10,000 in medical expense and wage loss reimbursements per crash and $5,000 for funeral expenses, regardless of fault. Those figures have stayed the same since 1979 (seven years after the law first went into effect), failing to keep a realistic pace with current medical expenses and other costs. Further, a more recent update to the law caps the recovery amount to $2,500 if the injuries don’t require emergency treatment. Continue reading

Proposed “Lookback Window Law” Would Revive Thousands of Florida Sexual Abuse Lawsuits

May 22, 2021 | by David J. Halberg, Esq.

It’s estimated that 1 in 4 girls and 1 in 6 boys will suffer sexual abuse by an adult by the time they turn 18. For too many, these traumatic incidents burden them as secrets carried with them into adulthood, while abusers walk free and the organizations that enabled them are not held accountable in criminal or civil court. In recent years, so-called “lookback window” laws could change that. South Florida sexual assault lawyer

A proposed Florida lookback window law would give thousands of sexual abuse victims in Florida a renewed opportunity to pursue justice. It failed this past legislative session, but lawmakers are proposing to try again next session. More than a dozen states have passed lookback window laws in recent years allowing victims of childhood sexual assault to pursue litigation against their attackers and others responsible, even decades after the abuse ended.

This most recent session, identical bills SB 946 and HB 23 would have created a one-year look-back window in Florida. Sponsors noted that 75 percent of child sexual abuse victims don’t tell anyone for at least one year. Roughly 50 percent haven’t told anyone after five years. Many are silent for a decade or more, as they grapple with a confusing mix of shame, embarrassment and pain. By the time they’re ready just to talk about it, the statute of limitations has expired. Continue reading

Survey: Florida Teen Drivers Among the Riskiest on the Road

May 15, 2021 | by David J. Halberg, Esq.

Teen drivers are notorious for being accident-prone. Their biggest disadvantage is their lack of experience, but they’re also poor judges of risk and are more likely to engage in hazardous behaviors behind the wheel, such as speeding and texting. A recent survey by consumer motorist researchers at Co-Pilot revealed teens in Florida are among the highest risk nationally, being more likely to drink and text while driving and less likely to wear a seat belt. Palm Beach car accident lawyer

The analysis looked at numerous risky driving behaviors, and ranked Florida teens 13th in the country. Nearly 8 percent don’t wear their seat belts, 6 percent admit to drinking and driving at some point in the last 30 days and 36 percent confess to texting and driving. All of these are illegal and increase the risk of a crash (or severity of injuries).

Florida, like many states, has numerous safeguards to help reduce the risks posed by teen drivers. For example, we have a graduated licensing process intended to help teens work up their experience level on the road with guidance from an older, responsible driver and fewer in-vehicle distractions (fellow teen passengers).

Insurers are likely to charge much more for teen coverage too, which is understandable, but the high rates can backfire.

As longtime Palm Beach car accident lawyers, we know teens are also less likely to have adequate insurance to cover the damages if they cause a crash. Frequently in such cases, we pursue vicarious liability against the teen driver’s parents as owners of the vehicle. Vehicle owners can be held liable – even if they weren’t driving – because in Florida, vehicles are considered dangerous instrumentalities. Continue reading

No Financial Bias Exception to Dangerous Medical Device Warning Failure, Court Rules

May 5, 2021 | by David J. Halberg, Esq.

When it comes to the dangers of medical devices or medications, the learned intermediary doctrine holds manufacturers responsible to describe the known risks to doctors, who in turn interpret those risks to patients. Patients then rely on the interpretations of their physicians to make informed medical choices. One effect of this, however, is that the manufacturer’s duty to warn of possible danger is to the physician who provides the medication, conducts the surgery or oversees treatment – not to the general public. drug and medical device litigation Florida

But what if the doctor in question is receiving some sort of financial benefit from the manufacturer for prescribing or using a particular drug or device?

Recently, the U.S. Court of Appeals for the Eleventh Circuit weighed a request by plaintiffs to create a “financial bias exception” to the intermediary rule in a Florida product liability lawsuit stemming from a vaginal mesh injury. However, finding no such precedent or even discussion of it in previous decisions, the court declined to do so. Continue reading