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Miami Personal Injury Law Blog

Seek the compensation you deserve for malpractice in Florida

When you're hurt in Florida, you sometimes have to seek medical attention. To do that, you'll head to a local emergency room or doctor's office and trust that the care you'll receive is proper. Most people see hospitals and doctors' offices as places where caring medical professionals perform procedures to make them feel better. In most cases, that's true. Sometimes, errors take place, though, and that can leave a patient in worse shape than when they arrived.

Simply giving a patient a medication they're allergic to can cause anaphylactic shock. Not treating this can lead to low oxygen levels in the body and eventual brain death. Not stopping a patient from bleeding internally after an injury can lead to low iron levels, anemia, or even worse, to death. Whether it's a simple mistake like forgetting to give a patient a medication or a serious error like operating on the wrong site, these medical errors can't be ignored.

Medical requirements for truck drivers need to be met in Florida

If you've been in a truck accident with someone who shouldn't have been behind the wheel due to medical reasons, you may wonder if there were any checks in place to make sure drivers like the one in your accident were kept off the roads in Florida. The United States Department of Transportation does have medical requirements that all commercial drivers need to abide by. These requirements help keep those who can't see or hear well enough off the roads; they also keep those with severe medical conditions off the roads to prevent accidents.

If the driver who struck you wasn't truthful about his or her medical history on his or her exam form, then the examination and medical examiner's certificate may be invalidated. A civil penalty can be filed against the driver for making this false statement, and you may be able to prove that the driver was negligent in your case.

Do schools need to contact parents before medical procedures?

Imagine sending your child to school and thinking that he or she will have a good day; you expect it to be safe and for everything to go well. Then, you get a phone call that your child has come down with an illness, so his or her blood was taken and sent to the lab for diagnosis. Once the diagnosis comes back, it's a shocking report of an illness there's no way your child could have. Now you have to face the stigma that comes with it.

After you take your child to his or her private physician, you find that the test results were wrong. Not only that, but your child had tests performed on him or her without your approval as his or her parent. Shouldn't you have been informed before blood was drawn, since it's an invasive procedure?

What are some specific road rules for motorcycles in Florida?

As a motorcyclist in Florida, there are several things you need to know about your rights on the road. For instance, if you can show that someone took advantage of your right to drive in an area and caused an accident, you may be able to show that you were in the right and then seek compensation for the driver's error.

Here are a few examples. Did you know that while motorcycles are able to ride two abreast, another vehicle like a car may not try to occupy the same space as you? You, as a rider, are entitled to use the entire lane as you see fit, so no vehicle should try to pass you in your lane or to pass without leaving the lane completely. This also applies to you in reverse; you are not legally allowed to split a lane with a car or truck. You must pass in an outside lane and can't pass between rows of vehicles along dotted or solid lines.

Bernie Mac's widow drops wrongful death case, may refile

If you keep up with celebrity news in Florida, you may remember that the late Bernie Mac's widow had headed to court with a wrongful death lawsuit. She has decided to drop the case, but her attorney claims that they will be looking at refiling it, since they have another year before the statute of limitations would be enforceable. This case is one you may want to keep an eye on, as it is complicated and involves potential medical malpractice due to incomplete patient record sharing.

The case focuses on the death of actor and comedian, Bernie Mac. He passed away at age 50 on Aug. 9, 2008 due to complications from pneumonia that he had previously been diagnosed with by a separate physician than the one who was being sued. The lawsuit claims that the doctor treating Mac for head, neck and facial lesions, who was not responsible for the pneumonia diagnosis, dragged out the dermatological appointment on July 17, 2008, failing to send Mac to a hospital for emergency care once he did take notice of his lesions.

2 injured in traumatic Floridian truck accident

Living in Florida, you know that you have busy highways and roads that can be congested. Despite that, most people get where they're going safely. Sometimes, the negligence of a driver leads to accidents, though, like it may have done in this case.

This accident shocked witnesses in Florida, as a tanker that had just filled up with fuel at the Port of Tampa collided with another vehicle and caught on fire. The explosion resulted in the driver of the tanker suffering from life-threatening injuries including second- and third-degree burns. Nearby, a bridge wall that was under construction was potentially damaged by the blast, and the driver of the utility truck that was struck also suffered from injuries.

Claim compensation for your loved one's wrongful death

After a wrongful death in Florida, your family may be at a loss. Regardless of who passed away, you now have a void in your family that won't be filled. You also have the financial impact of the death to worry about; funeral costs, home expenses and medical bills alone can total in the thousands of dollars.

As a loved one of the deceased, either a child, parent or spouse, you are entitled to some amount of financial recovery for your family member's death. This recovery is determined by looking at the economic value of that person's life. Although that may seem very black-and-white, it's one of the better ways for the courts to make a judgment when it comes to the financial impact the death has had on your life.

Fight back and get compensation for your injuries in Miami

Have you been hurt in a car accident and suffered a traumatic brain injury or other catastrophic injury in Miami? Catastrophic injuries are just that; they change your life forever and can change the lives of those around you, too. You may be filled with grief or hatred for those who caused your injuries, but instead of living in anger, you can take steps to get justice for what has happened to you.

The injury you've suffered is the fault of another person. That means you did nothing wrong to deserve this situation or the injuries. You shouldn't have to face medical bills and other expenses that you can't afford simply because someone else was being negligent. In many cases, you are legally able to seek compensation for your injuries.

Motorcycle statistics: Injuries, deaths rising in Florida

In 2012, 4,957 motorcyclists were killed on the roads. That's an increase of 7 percent from 2011. Additionally, an interesting statistic is that the use of helmets has not increased. The use of DOT-compliant helmets has remained at only 60 percent, despite the proof that they can reduce injury in the case of an accident. Helmets also reportedly do not hinder sight or hearing, which makes them vital for those on motorcycles.

Motorists are required to share the roads with motorcyclists in a safe manner. That means that a proper distance should be kept between cars and motorcyclists, and passing should be done safely. Drivers are also reminded by the National Highway Traffic Safety Administration that they need to be extra aware of motorcyclists on the road to prevent accidents. That means double-checking the roads before turning and never turning in front of a motorcyclist, since they could be closer than they appear.

Trucker receives $750,000 payout following Florida crash

After previously being hurt in a trucking accident, a man is finally getting the compensation he deserves in Florida. According to a story from Dec. 20, a Florida trucker has received a $750,000 settlement from a crash that took place in June 2011. He suffered serious injuries in the crash that required surgery.

What happened? The man had been in the parking lot of Good Humor in Hazelton, Florida, sleeping inside his tractor-trailer. It was at around 5:00 a.m. when another trucker failed to avoid the truck and hit him. The man was thrown from his sleeper berth and fell to the ground. He suffered from serious injuries; his leg and back were injured badly enough to require surgery.

Miami Office
Kurzban Kurzban Weinger Tetzeli and Pratt P.A.
2650 SW 27th Ave
Miami, FL 33133
Telephone: 305-444-0060
Toll Free: 866-723-9806
Fax: 305-444-3503
Miami Law Office

Jacksonville Office
Kurzban Kurzban Weinger Tetzeli and Pratt P.A.
10752 Deerwood Park Boulevard South
Jacksonville, FL 32256
Telephone: 904-536-3556
Toll Free: 866-723-9806
Fax: 904-394-2956
Jacksonville Law Office