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Medical malpractice is a complex area of law. Incidents of medical mishaps depend heavily upon having significant and concrete evidence to show a medical institute’s or doctor’s malpractice. Establishing accountability is no easy task. This is precisely why it is important to consult a qualified Miami injury lawyer if you are dealing with a potential medical malpractice claim. We can help assess the merits and validity of your case.

In the case of Young v. Naples Community Hospital, Florida’s Second District Court of Appeals outlined certain procedural requirements that an individual suing for medical negligence must meet before initiating a lawsuit.

Ms. Young was taken to Naples Community Hospital (NCH) in 2006 after experiencing extreme abdominal pain and vomiting. The staff did tests on the patient, including a CT scan that was analyzed by Dr. Grennan, who stated that the results were “unremarkable.” Ms. Young was still checked in to the hospital due to other tests that were conducted. A later rest revealed a problem in the patient’s mesenteric artery.

At that time, the CT scan performed earlier was re-analyzed by other physicians who concluded that the patient had a blood clot in the artery. An hour later, surgery was done to remedy this issue. However, the patient had to stay in the hospital for about four weeks because of problems from the operation. Continue Reading ›

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Taking legal action against the government or its employees is very different than filing a lawsuit against a private person or company. Florida law shields the government and its employees under the principle of sovereign immunity. Sovereign immunity has its roots in English law and refers to the legal doctrine that prevents the government from being sued without its consent. Thus, the government is immune from civil suit or criminal prosecution by its own citizens. Government establishments that fall into this category include schools, police departments, transportation departments, and more.

In Bergmann v. Florida Department of Transportation, Florida’s 1st District Court of Appeals held that the plaintiff motorist had the right to pursue her lawsuit against the Florida Department of Transportation. This ruling reversed the lower court’s decision, which held that the plaintiff’s claim was not permitted under the principle of sovereign immunity. On appeal, the court determined that the basis of the claim was due to an operation level failure, which was not barred by sovereign immunity.

According to the plaintiff, the Florida Department of Transportation (FDOT) created a known dangerous condition that caused an accident and the plaintiff’s resulting injuries. The complaint alleged that government employees were aware of the potential danger but failed to remedy the problem or warn motorists of the issue. The trial court dismissed the plaintiff’s case, stating the claims were barred by sovereign immunity. Continue Reading ›

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Like a number of other states across the U.S., Florida has a cap on medical negligence damages that can be awarded to a plaintiff in a medical malpractice case. Simply put, this means there is a maximum amount of financial compensation that a Florida plaintiff can recover for non-economic damages in a medical malpractice claim under state law. This rule does have some exceptions. Each case is different and will be evaluated by a court on a case-by-case basis. If you or someone you know has been injured in a medical malpractice case, it is best to seek the help of a qualified Miami medical malpractice attorney who can help you get the compensation you deserve.

Medical malpractice refers to medical negligence. It occurs when a healthcare provider does not offer a reasonable standard of care. Under Florida law, an acceptable standard of care is defined as “the level of care, skill and treatment which is recognized as acceptable and appropriate by reasonably prudent, similar healthcare providers under similar circumstances.” In other words, the healthcare professional must act the same way another sensible healthcare professional would act in the same or similar situation. Healthcare providers include physicians, dentists, chiropractors, nurses, and more.

In order to recover damages in a medical malpractice case, the plaintiff must establish the elements of negligence. There are four basic elements that must be present. The healthcare professional must have owed the patient a duty of care, the healthcare professional must have breached the duty of care owed to the patient, the patient must have suffered harm as a direct consequence of the healthcare professional’s breach, and there must be actual damages that the plaintiff can identify. Continue Reading ›

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Every year, a number of Florida residents go on cruises. Fortunately, most cruise ship passengers come back home safely and have had a positive experience. In some cases, however, passengers are injured. If you or a loved one has been injured while on a cruise, you should seek the help of a qualified Miami personal injury attorney who can evaluate the facts of your case. Injured passengers may be able to seek compensation for their injuries if the injury was caused by the cruise line or one of its agents.

In Franza v. Royal Caribbean Cruises, LTD, the United States Court of Appeals for the 11th Circuit held that a cruise line could be vicariously liable for the alleged negligence of an on-board medical professional based on agency theory.

The facts of the case are as follows. The plaintiff filed a lawsuit against Royal Caribbean for maritime negligence after her father fell and suffered a blow to the head while on board a Royal Caribbean ship. The plaintiff’s father was seen by the onboard nurse and doctor. The ship’s nurse failed to accurately diagnose his head trauma, had him wait for several hours, and then let him go, stating no treatment was needed. The plaintiff’s family called 911 shortly after they realized that the plaintiff’s father’s condition was getting worse. According to the complaint, the cruise ship staff took 20 minutes to transport him to the infirmary and postponed treatment until they received the injured man’s credit card information. Hours later, the ship’s doctor transferred him to a Bermuda hospital, but by then his condition was not treatable. The plaintiff’s father died approximately one week after the injury. Continue Reading ›

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Unfortunately, workplace injuries happen every day in the state of Florida and throughout the United States. If you have been harmed on the job, you should seek the help of an experienced Miami personal injury attorney who can examine the facts of your case and help you seek the compensation you deserve for your injuries. Robert Dixon has years of experience handling a variety of personal injury claims, and he can help you as well.

In Fortune v. Gulf Coast Tree Care, Inc., a Florida appellate court ruled that an employer that had actual knowledge that its employee had been injured on the job was liable for the employee’s medical expenses even through the employee never formally asked the employer to pay for such expenses.

The facts of the case are as follows. The plaintiff worked as a landscaper and was going to a gated community to provide an estimate to a potential client. As he made his way to the client, an individual who lived in the community punched him through the window of his car. The plaintiff suffered a dislocated shoulder and had to be treated at a local emergency room at a nearby hospital. The treating physician advised the plaintiff to obtain follow-up care. Continue Reading ›

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In any lawsuit, gathering as much information as possible about the case is imperative for everyone involved. Each side should thoroughly investigate the facts of the case, including the opposing party’s claims. The plaintiff’s lawyer should make every effort to understand the defendant’s position and legal arguments before going to trial. This could help in two ways. First, it could help parties realize that a settlement is possible. Second, if a settlement is not possible, it helps both parties be as prepared as possible for trial with the maximum amount of information.

It is important to remember that at the Law Offices of Robert Dixon, we aim to settle all of our personal injury cases. Our goal is to resolve matters swiftly while getting our clients the compensation they deserve for their injuries. Unfortunately, this is not always possible. In instances where trial is inevitable, our highly skilled personal injury attorneys will zealously advocate for you in the courtroom. We understand the processes and tools required to move through a trial. One of these tools is called a “deposition.”

A deposition is the testimony of a party or witness in a civil or criminal proceeding. This is all part of the legal procedure known as the “discovery process,” which outlines the process and deadlines for information gathering in the context of a lawsuit. A deposition is taken before trial, typically in a lawyer’s office. Deposition testimony is taken orally with a lawyer asking questions while a court report or voice recorder records the testimony. Recently, the use of video has become more and more common, and depositions will usually have a video technician present who will record the entire deposition. Continue Reading ›

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Airbags are intended to keep people safe in the event of a car accident. Unfortunately, this is not always the case. If you or someone you know has suffered an injury as the result of a defective airbag, it is imperative to seek the help of an experienced Miami personal injury lawyer. Faulty airbags can cause serious long-term injuries. Additionally, cases involving defective airbags can be very complicated, since there could be multiple liable parties, including the airbag manufacturer or the auto manufacturer.

Last month, the National Highway Traffic Safety Administration (NHTSA) issued a press release urging the drivers of over four million recalled vehicles to have their defective air bags replaced immediately. This latest announcement comes on the heels of several other recalls that were announced throughout 2014. The consumer advisory alert noted that the recall was especially urgent for drivers in states with humid climates, including Florida.

Airbags can fail for a number of reasons, including the airbag failing to deploy, deploying too late, deploying too soon, deploying when it was not necessary, or deploying at an improper angle. Continue Reading ›

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The injuries sustained in a bus accident are typically much more severe than those that result from other types of automobile accidents. When bus accidents happen, the consequences can be extremely severe. If you or someone you know has been injured in a bus accident, we can help you take legal action against the at-fault party and get the compensation you deserve for your injuries. We understand that this is a stressful time for your family, which is why you can expect the utmost compassion from our entire team.

The Federal Motor Carrier Safety Administration (FMCSA) reported that 11,616,105 vehicles were registered as large trucks and buses across the United States in 2010. Approximately 70,000 of those vehicles were involved in wrecks that same year, which caused injuries to about 106,000 people. On top of that, the FMCSA estimates that almost 4,000 deaths that year were due to large truck and bus accidents. The FMCSA defines a bus as a vehicle that can transport 10 or more passengers at one time.

There are a number of reasons why bus accidents can happen. In some cases, bus accidents are a result of driver negligence. This refers to the failure to take proper care in doing something. Put another way, negligence is the failure to exercise reasonable care in one’s actions or omissions. Reasonable care is defined as how a typically pragmatic person would act in similar circumstances. Thus, what is considered ‘reasonable’ will vary depending on the situation. Continue Reading ›

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After a number of fatal crashes involving emergency vehicles on the shoulder of the highway, the state of Florida decided to take action. Florida has now created a new set of laws with the goal of protecting emergency and assistance personnel when automobiles are on the side of the road.

A number of other states have also launched similar measures to prevent such tragic roadside accidents. According to a nationwide Mason Dixon Poll sponsored by the National Safety Commission, approximately 71 percent of Americans had never heard of ‘move over’ laws. This statistic highlights the need to raise awareness about these laws so that they can be effective in preventing accidents on state roads.

The move over law in Florida requires that when police, ambulance, fire, or other emergency vehicles have their sirens or lights on, all surrounding automobiles on a two-lane or broader roadway slow down to 20 miles per hour and get out of the way as quickly and safely as possible. If the posted speed limit is 25 miles per hour or less on a single-lane road, the driver is required to slow down to five miles per hour. Continue Reading ›

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Every day, a number of people across each state and even the United States use airplanes to travel. In most cases, passengers depart and arrive safely. However, when an airplane does crash, it can cause catastrophic injuries to the passengers, and in some cases death. Aviation, aircraft, and airplane accident cases are extremely complex, and they require a thorough understanding of state and federal aviation law. These laws typically exist to regulate safety standards and operating procedures for aircrafts. The scope of aviation law is broad and covers personal injuries that take place on board an aircraft, including slip and fall accidents, wrongful death, and more.

A common carrier is one that represents to the public that its principal business is to transport individuals or cargo from one place to another for monetary compensation. Airlines, commercial buses, ferries, and trains are considered common carriers. In the context of aviation, airline operators owe a high duty of care to passengers on board. A high duty of care simply refers to the fact that airlines have a legal obligation to be vigilant about the safety of passengers.

There are a number of reasons that airplane crashes can happen, including a failure to abide by safety standards, a failure to maintain the aircraft, any dangerous conditions inside the aircraft, a failure to check the weather conditions, overloading an airplane, negligent actions by the pilot, and more. Due to the potential for accidents, airlines carry insurance to cover passengers in case of an accident. Continue Reading ›

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