South Florida Injury Lawyer Blog

What You Need to Know About Miami New Year’s Eve Drunk Driving Crashes

December 27, 2018 | by David J. Halberg, Esq.

It’s the most wonderful time of the year, but it doesn’t stay that way for long when drunk drivers hit the streets of South Florida over the end-of-year holidays. An although it’s been said many times, many ways, “Stay Sober, or Get Pulled Over.”

Miami drunk driving injury attorneys know no matter how many times motorists are warned, there will seemingly inevitably be drunk drivers out on New Year’s Eve and New Year’s Day. drunk driving injury lawyer

We have more drivers of all ages expected on the roads through the end-of-year festivities, with more than a few loaded up on liquid courage and ready to play Russian roulette with their lives on the way to their next destination. If only it was solely their own future with which they were gambling.

Some will become the last among an estimated 34,500 people to die on our roads in 2018. Others will be among the first of 2019. On any given day, seven people die in Florida drunk driving accidents, according to the Florida Highway Patrol. On New Year’s Eve and New Year’s Day, each have an average of 11 drunk driving deaths. (Keep in mind: That doesn’t include the serious injuries that result from these collision too.) The riskiest time on the road December 31st is 6 p.m. to 9 p.m. (when nearly 44 percent of that day’s crashes occur) and on January 1st between midnight and 3 a.m. Jan. 1st (when about 30 percent of the day’s fatal crashes occur).

Police Report Miami Drunk Driving Numbers Down

On the bright side, it does appear appear some drivers are catching on, with Miami-Dade police reporting overall DUI arrests were down 65 percent last year compared to 2014, according to NBC-Miami. The previous running average was about 1,500 DUI arrests a year, last year it dropped to 600 arrests. In the City of Miami, DUI arrests are reportedly down 31 percent. Continue reading

Report: Florida Nursing Home Deaths Caused by Neglect, Maltreatment Rarely Prosecuted

December 22, 2018 | by David J. Halberg, Esq.

Neglect of an elder dependent is a crime in Florida – a very serious one if it results in severe injury or death. However, as detailed recently in an enterprise investigation by USA TODAY NETWORK – FLORIDA, the odds of prosecution or even arrest for neglectful nursing home caregivers are slim. In fact, none of the nursing home deaths state regulators attributed to caregiver neglect resulted in arrest or prosecution. Further, at least one state attorney curiously cited the option of a Florida nursing home wrongful death lawsuit as being the more “suitable” remedy in these cases – even as neglectful caregivers accused of similar acts in other states with comparable criminal laws on the books routinely face felony charges. West Palm Beach nursing home neglect

As long-time West Palm Beach nursing home neglect attorneys helping survivors and family members pursue civil injury and wrongful death claims, the report isn’t especially shocking nor does it directly impact our cases. Lack of accountability, though, could mean residents in Florida nursing homes are at higher risk of neglect and abuse.

Journalists across the state scoured records of all 54 nursing home patient deaths from 2013 through 2017 that were red-flagged by the Florida Department of Children and Families as resulting from caregiver neglect, abuse or failed oversight. Not a single person was prosecuted in any of those deaths. Even when police recommended caregivers face felony charges like criminal neglect and manslaughter, prosecutors declined. Continue reading

St. Lucie Medical Malpractice Lawyer Spotlight: eICU Digital Monitoring of Critical Patients

December 16, 2018 | by David J. Halberg, Esq.

The future of medicine is here! (Well, actually, it’s somewhere else. And in reality, it’s been around for about a decade.) It’s called remote telemedicine, and it is rising in popularity in Florida intensive care units, referred to there as eICUs. Concern among patient safety advocates and St. Lucie medical malpractice lawyers has grown as evidence mounts indicating eICUs aren’t always associated with the “amazing” level of care they promise.

Florida Today recently published an article penned by a representative of Health First hospital system touting its digital monitoring unit as one of the region’s”best-kept healthcare secrets.” The writer gushes that VitalWatch ICU offers “an additional layer of protection” for severely ill patients at four hospitals along the Space Coast, with critical care doctors and nurses at headquarters monitoring ICU patients hundreds of miles away via a secure, live transmission of electronic vital signs and audio/ visual feeds. The benefit for these patients was highest on the overnight shifts, where specialist resources are often spread thin.

The article does not make mention of how many physicians are actually on the floor or whether the system has cut back onsite staffing on its eICU floors. St. Lucie medical malpractice lawyers have concerns the whole system isn’t as fail-safe as the writer indicates. For an ICU patient, a lapse of even just a few minutes can lead to devastating and possibly fatal consequences. Continue reading

Palm Beach Medical Malpractice Lawsuit: Surgeon’s Family Alleges Profound Injury After Medication Error

December 11, 2018 | by David J. Halberg, Esq.

A surgeon who for 40 years fixed broken hearts as a cardiologist is now in a vegetative state, according to a Palm Beach medical malpractice lawsuit. The claim alleges the doctor’s former employer, JFK Medical Center in Atlantis is liable for a series of medical mistakes – starting with an egregious medication error – that nearly killed the active, energetic 74-year-old. Palm Beach medical malpractice lawyers know this case underscores the fact that if even a distinguished member of this hospital’s own staff is at risk for medical errors, imagine how common they must be for so many of the rest of us.

Research by patient safety experts at Johns Hopkins in 2016 revealed medical errors are the No. 3 cause of death in the U.S. Unfortunately, most of those incidents go unchecked because health care providers rarely come out and admit they were wrong. It’s up to families and survivors to initiate their own investigation, which is especially tough if they themselves don’t have a medical or legal background. Talking with an experienced medical malpractice lawyer in Palm Beach will help give you a better sense of your options.

A newer study published in the journal Research in Social and Administrative Pharmacy found that medication errors by health care providers are a leading cause of death, with the most common type of errors being:

Omission of medicine.
Wrong dose/ strength of medicine.
Wrong kind of medicine.

It’s important if one has any suspicion a loved one may have suffered severe injury or death as a result of a medication error to discuss these concerns with an experienced medical malpractice lawyer in South Florida. Continue reading

Don’t Burn the Clock Waiting to Talk to a Florida Injury Attorney

November 28, 2018 | by David J. Halberg, Esq.

Sometimes when folks read that the statute of limitations on Florida personal injury and wrongful death claims is two and four years respectively, they figure they’ve got some time before they need to bother reaching out to a South Florida injury attorney. And while it is true that you technically have that time span in which to file a claim, our Naples injury lawyers know what that timeline fails to take into account is:

The faster you act, the more likely your attorney can gather important evidence, talk to key witnesses and best preserve your case.
In most all cases, you won’t be able to file a claim at all unless you have properly provided notice to defendants in accordance with Florida law. The timeline for notice is shorter than the statute of limitations period, and the requirements can vary depending on a host of factors. Continue reading

Orlando Car Accident Lawsuit Alleges Tesla Misrepresented Autopilot Feature

November 22, 2018 | by David J. Halberg, Esq.

An Orlando car accident lawsuit alleges vehicle manufacturer Tesla has mislead consumers into believing the autopilot feature of these vehicles is more capable – and safer – than it truly is. Florida car accident attorneys know that while claims against car makers isn’t a new phenomenon, this case could foreshadow what we can expect in the courts when the auto industry is rolling out ever more advanced tech for use on our roads. car accident lawyer Orlando

According to Wired, the autopilot feature was a key reason he opted to buy the Tesla Model S vehicle last year. His daily work commute was 250 miles round trip, most of it on the highway, and he concluded the semi-autonomous driving system would make his life easier. He used the feature on a regular basis, allowing it to keep the car in his lane and avoid other moving vehicles. During his ride, he relaxed, checked his emails, private messages and social media – though he insists he never completely stopped paying attention. Then a few weeks ago, as he was returning home to Winter Garden from his job in Fort Pierce, Autopilot engaged at 80 mph on the Florida Turnpike, something unexpected happened: He crashed. He struck a disabled, empty Ford Fiesta that was abandoned in his lane of travel.

Now his car accident lawsuit, filed in Florida’s Ninth Judicial Circuit, alleges severe permanent injuries, including a fractured vertebrae. In a written statement, a company spokesperson indicated the automaker has no reason to believe the feature somehow failed, stressing that when Autopilot is engaged, it is still the driver’s duty to stay alert to their surroundings and “in control of the vehicle at all times.” The company insists it has never advertised the feature as a fully autonomous system and never promised that Autopilot would make the car crash-free. Prior to using Autopilot for the first time, drivers are required to watch the road and keep their hands on the wheel. If a driver goes more than a few seconds without their hand on the wheel, a warning bell starts to ding. Continue reading

Palm Beach Medical Malpractice Lawsuit Alleges Wrongly Removed Kidney

November 14, 2018 | by David J. Halberg, Esq.

The oath taken by health care providers begins, “First, do no harm.” But some doctors get this very, very wrong. medical malpractice attorney

Recently, a Florida car accident victim is accusing her surgeon of committing medical malpractice in West Palm Beach, saying she went into the hospital for spinal surgery, only to awaken from surgery and learn one of her healthy, fully functioning kidneys was removed unnecessarily. South Florida medical malpractice attorneys refer to these as “never events,” because there is no acceptable reason they should ever happen. Yet they do, and all too often.

The National Quality Forum, a non-profit organization comprised of professionals in healthcare, business and policy, lists 28 serious reportable adverse patient events including:

Surgery on the wrong body part;
Patient elopement/ wandering resulting in serious injury or death;
Maternal death or serious injury associated with a low-risk pregnancy while being cared for in a health care setting;
Serious patient injury or death associated with a fall while being cared for in a health care facility;
Pressure ulcers;
Unintended retention of a foreign object in a patient after surgery.

Playground Injuries Preventable, Property Owners, Manufacturers Can Be Liable

November 6, 2018 | by David J. Halberg, Esq.

Every year, more than 200,000 child playground injuries nationally prompt a trip to a hospital emergency room, according to the U.S. Centers for Disease Control and Prevention. Three-fourths of these occur on public playgrounds (schools and parks), and nearly 60 percent involve broken bones, contusions and abrasions. More than 20,000 are treated for traumatic brain injuries. Falls account for 70 percent of playground injuries. Slides and swings account for most injuries among children under 4, while climbing equipment is involved with most kids 5 to 14. Parents may be tempted to chalk up the incident to “just an accident,” but West Palm Beach injury attorneys know many times, these injuries occur because someone was negligent. playground injuries

When it comes to liability, our personal injury lawyers will look at the incident from all angles. Manufacturers and distributors can be liable when playground equipment is defectively designed or put together. Property owners can be held legally responsible if they failed to maintain the equipment as specified by the manufacturer. Schools, daycares and caregivers can sometimes be held to account when there is evidence of failure to adequately supervise (as accounts for 45 percent of playground injuries, according to the American Trauma Society).

In 2016, Florida legislators proposed Senate Bill 406, the Playground Safety Act, which called for requiring certain new and existing playgrounds to comply with specified safety standards and guidelines and authorized counties and cities to require playground permits and charge fees for the construction or renovation of certain playgrounds. Unfortunately, the measure died in committee. West Palm Beach injury attorneys can still refer to the fact that Florida public schools are guided by the State Requirement for Educational Facilities (SREF), provisions of which require separate kindergarten playgrounds and mandate all playgrounds and equipment comply with the U.S. Consumer Product Safety Commission’s Handbook for Public Playground Safety, which outlines ASTM specifications for just about every type of playground equipment imaginable. Playgrounds that don’t meet these guidelines can be dangerous. Continue reading

Florida Fraternity Liability When Pledges, Guests are Attacked, Injured

October 30, 2018 | by David J. Halberg, Esq.

Fraternities on college campuses have come under fire in recent years for violent attacks and sexual assaults. Some occur during “hazing rituals,” while others in the midst of unchaperoned alcohol-fueled parties. Civil liability for these incidents can be tricky. fraternity liability

Consulting with an experienced Fort Lauderdale injury attorney is imperative. Fraternities tend to be self-insured – and sometimes receive more funding from alumnus than the colleges themselves. If you’re going to challenge them in a courtroom personal injury case, you need a lawyer prepared to go to bat for you.

Fraternity Violence Alleged in Recent Florida Injury Lawsuit

Recently, a new injury lawsuit alleges that a 20-year-old Florida State University student was struck so hard in the face during a so-called hazing ritual that he know suffers a “dead area in his brain” that has left him permanently impaired for life. The lawsuit was recently filed in Leon County Circuit Court against Alpha Epsilon Pi International – a fraternity that is national, and based in Indianapolis.

According to the fraternity injury lawsuit, the incident occurred in April when plaintiff was reportedly designated as the “Scumbag of the Week,” which reportedly called for physical punishment. Another fraternity brother was selected to dole out the “punishment,” amid chants from the other members to hit him. Plaintiff was struck in the head with a blow so hard, he suffered a skull fracture and hit the floor unconscious and having lost a tooth. Continue reading

Florida Doctor Not Entitled to Immunity in Palm Beach Birth Injury Claim

October 21, 2018 | by David J. Halberg, Esq.

You are likely aware that if a physician or other health care provider is negligent in providing medical care, patients have recourse in the form of a Florida medical malpractice lawsuit. Palm Beach birth injury lawyer

However, unlike typical negligence lawsuits, there are all kinds of special rules. For example, claims must first go through a mediation process. The “standard of care” for doctors is different than what is used in general negligence lawsuits. And then there are some cases where doctors can be totally immune from medical malpractice claims if there services were provided on a volunteer basis via F.S. 766.1115.

Volunteer Docs Enjoy Government Immunity

Essentially, if the doctor’s services are provided via contract to the state’s Department of Health free-of-charge as part of an initiative to ensure indigent patients receive care, those doctors have sovereign immunity protection and can’t be named as a defendant in medical malpractice claim connected to that care. Continue reading