South Florida Injury Lawyer Blawg

Misdiagnosis, Delayed Diagnosis, or Failure to Diagnose in Florida

Published on: February 3, 2016 | by Law Offices of Robert Dixon

When you visit a doctor, you expect the physician to be competent. A misdiagnosis, delayed diagnosis, or failure to diagnose can be extremely detrimental to a person’s health. It can hamper the individual’s ability to seek timely treatment and worsen his or her condition. If you or a loved one has reason to believe that you were misdiagnosed or not diagnosed promptly, it is important to speak to a Miami medical malpractice lawyer.

Misdiagnosis involves diagnosing a disease that is not actually present or failing to diagnose a disease that is present. Delayed diagnosis takes place when the physician fails to diagnose the patient in a timely manner. Failure to diagnose occurs when the doctor fails to inform the patient of the condition altogether.

When an injury results from medical malpractice, Florida physicians may be liable. Consider the following example. A doctor fails to accurately diagnose cancer for several months. In that time, the cancer spreads and is no longer treatable. The patient soon dies from the cancer. This might be a case of delayed diagnosis. Perhaps a correct diagnosis could have allowed the patient to seek life-saving or life-extending treatment. In such a scenario, the patient’s estate might be able to file a medical negligence claim against the physician.

Court Address Pain and Suffering Damages Issue in Florida Car Accident Case

Published on: January 18, 2016 | by Law Offices of Robert Dixon

In some accident cases, damages are relatively easy to calculate. In other cases, however, determinations of damages can be quite complicated. If you’ve been injured in a car wreck, it is important to seek the help of a qualified Miami attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, our team understands the nuances of personal injury law and will work hard to seek the compensation you deserve for your harm.

In Ortega v. Belony, the plaintiff broke his neck in a car accident. After the incident, the man was in the hospital for just over a week. For three months after that, he wore a medical halo device. The man’s treating physician recommended that he have neck surgery, but the man declined.

While recovering, the man lived with his brother, who helped him with his daily needs. The man reported having trouble sleeping, and on one night, he went back to the hospital to have the screws in his halo tightened. After the three months had passed, however, the man’s injuries had significantly healed, and he only had mild neck pain and some back pain from that point onwards. The physicians did not recommend any further treatment.

Florida Court Rules in Cruise Injury Case

Published on: January 18, 2016 | by Law Offices of Robert Dixon

In Cordani v. NCL (Bahamas) Ltd., William Cordani’s estate brought a wrongful death claim against NCL (Bahamas) Ltd., a cruise company and its medical team. The lawsuit was filed after Cordani died due to sickness while on a cruise ship. Cordani’s estate brought a multiple-count complaint against the cruise company as well as the health care providers who tended to Cordani. As a reply to these claims, NCL filed a motion to dismiss the estate’s general negligence claims, negligent hiring and/or retention claims, and vicarious liability claims grounded on joint venture.

A court may grant a motion to dismiss a claim if there is a “failure to state a claim upon which relief can be granted.” In other words, to survive a motion to dismiss, a complaint must state enough facts to constitute a claim for which relief would be possible on its face. This happens when a plaintiff pleads facts that permit the court to infer that the defendant is liable for the wrongdoing that is claimed. A motion to dismiss must be construed in the light most favorable to the plaintiff.

Limousine Accidents in Florida

Published on: January 18, 2016 | by Law Offices of Robert Dixon

Limousines are often a fun way to celebrate life’s important occasions – birthday parties, weddings, proms, or even just a night out on the town. When you hire a limousine, you expect to be transported safely to your destination. Limousine accidents, like any other type of auto accident, can be a stressful experience. The emotional, physical, and financial toll of such an accident can be daunting. At the Law Offices of Robert Dixon, we are committed to helping limousine accident victims get the compensation they deserve for their injuries.

An injured passenger can typically sue the limo driver and the limo company if it can be shown that the driver was negligent. To establish negligence, the plaintiff must demonstrate that the defendant owed the plaintiff a duty to exercise reasonable care, the defendant breached the duty of care, and the plaintiff suffered harm and incurred damages as a result. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. Additionally, an injured passenger may also be able to sue another driver if the limousine driver was not at fault for the accident.

Florida Supreme Court Clarifies the Collateral Source Rule

Published on: January 4, 2016 | by Law Offices of Robert Dixon

The collateral source rule is rooted in the legal principle that compensation obtained by a plaintiff through a secondary source (i.e., health insurance) is irrelevant to the liability of the defendant. Put another way, a defendant does not get to pay less for his or her negligence simply because a third party compensates an injured individual. As a result, evidence of a plaintiff’s health insurance is generally not admissible for consideration.

There was a limited exception to this rule that pertained to free or low-cost collateral source benefits, such as Medicare and Medicaid benefits. The idea was that the question of Medicare and Medicaid was relevant to determining the plaintiff’s need for long-term medical expenses. Determinations of future medical expenses are often some of the most complex questions that are addressed in Florida personal injury cases.

The “American Rule” in the Context of Florida Personal Injury Cases

Published on: December 24, 2015 | by Law Offices of Robert Dixon

Automobile accidents, premises liability cases, and other personal injury claims fall within the scope of negligence law. Negligence is the failure to use the level of care a prudent person would use in the same or similar circumstances. In order to establish negligence, a plaintiff must demonstrate that he or she was owed a duty of care by the defendant, that the defendant breached this duty of care, and that the plaintiff suffered harm as a direct result of the defendant’s breach. A plaintiff who can show negligence is entitled to recover compensation for his or her harm.

In the United States, the losing side does not typically have to pay the winning side’s attorney’s fees. Under the so-called American rule, each party pays their own attorney’s fees, irrespective of whether they win or lose, unless there is some contract, statute, or court rule that says otherwise. This permits individuals to file claims without the fear of incurring excessive costs if they lose the case. The American rule is in contrast to the English rule, which mandates that the losing party pay the winning party’s attorney’s fees.

Florida Appeals Court Resolves Summary Judgment Issue in Deadly Pedestrian Accident Case

Published on: December 24, 2015 | by Law Offices of Robert Dixon

Unfortunately, pedestrians are injured and killed throughout the United States every year. According to the National Highway Traffic Safety Administration (NHTSA), approximately 4,735 pedestrians were killed in 2013, while an estimated 66,000 were injured. The state of Florida has a major issue when it comes to pedestrian accidents and has one of the highest pedestrian accident rates in the country. If you’ve been injured as a pedestrian, it its important to speak to a Miami injury attorney who can assess the merits of your case.

In Panzera v. O’Neal, a man was hit by a semi-truck while he was trying to cross a multi-lane interstate on foot in 2011. After the accident, the man’s estate filed a negligence claim against the truck driver and his employer.

The defendants responded by filing a motion for summary judgment. In a negligence claim, granting summary judgment is improper unless the defendant can show the complete absence of negligence or that the plaintiff’s negligence was the sole reason for his or her injury. As a result, the party seeking summary judgment has the burden of showing that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

Florida Motor Vehicle Fatalities Spike in First Half of 2015

Published on: December 24, 2015 | by Law Offices of Robert Dixon

Motor vehicle accidents kill and injure people across Florida every day. The sad part is that these accidents can often be avoided if drivers are vigilant behind the wheel. Operating a motor vehicle is a privilege, not a right. As a result, every driver on the road has a legal obligation to drive carefully. If you or someone you love has been hurt in a motor vehicle accident, it is important to speak to a qualified Miami injury attorney who can assess the facts of your case. We understand that dealing with an accident is very difficult, and we are here to help.

The National Safety Council (NSC) reports that there has been a significant increase in traffic deaths in Florida this year from January to June 2015. Preliminary figures show 1,441 motor vehicle deaths in that time frame, which is a 29 percent increase from the first six months of 2014. The NSC says this could be partly attributed to lower gas prices and an increased number of motorists on the road. Florida is one of three states that have reported more than 1,000 traffic fatalities during the first six months of 2015. The other two states are Texas and California.

Car Seat Lawyers in Florida

Published on: December 17, 2015 | by Law Offices of Robert Dixon

Car seats are intended to protect children from harm in the event of a car accident. When car seats are improperly installed or defectively made, however, they may actually cause harm to the child. If your child has been harmed due to a defective car seat or because of someone’s negligence, it is important to speak to a Miami injury attorney who can assess the merits of your case. We will work hard to get you the compensation you deserve.

Florida law mandates that children up to five years old be strapped into a child car seat or booster seat when they are in a moving vehicle. The Centers for Disease Control and Prevention (CDC) reports that when children between the ages of four and eight use a car seat, their risk of severe injury decreases by 45 percent. According to the National Highway Traffic Safety Administration (NHTSA), 75 percent of car seats in use are incorrectly fitted. This puts children at risk. Even collisions at low speeds could lead to a child fatality if the child was in an incorrectly installed car seat.

Automobile Accidents Around the Holidays

Published on: December 17, 2015 | by Law Offices of Robert Dixon

The holidays are a festive time to gather with family, raise your glasses to a toast, and have a good time. Unfortunately, many people get behind the wheel after they have too much to drink. In fact, statistics show that accidents rates are often higher around the holidays. If you or a loved one has been injured by a drunk driver, it is important to seek the help of a Miami injury attorney who can help you obtain the justice and compensation you deserve for your harm.

Driving under the influence of alcohol is illegal. This does not mean you cannot have a drink, but it means that you cannot be over the legal limit when you drive. Under Florida law, an individual with a blood alcohol concentration (BAC) of .08 or above is not permitted to drive. Even driving when you feel slightly “buzzed” can create distracted and dangerous driving conditions.

Florida compiles information regarding injuries and deaths during six major holiday periods: New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.