South Florida Injury Lawyer Blawg

Medical Malpractice Claims for a Delayed Diagnosis in Florida

Published on: September 19, 2019 | by Law Offices of Robert Dixon

Patients rely on their doctors for an accurate and timely diagnosis of their medical condition. Without a proper diagnosis, a patient is deprived of the chance to pursue opportune treatment and may suffer a variety of adverse consequences as a result. In fact, for many patients, early intervention can be the difference between life and death. If you’ve experienced harm because of a delayed diagnosis, our Miami medical negligence attorneys can help. We understand how to represent victims of medical malpractice and protect your rights.

Medical negligence is a huge problem in Florida and throughout the country. A study by the Institute of Medicine and the National Academy of Sciences estimates that about 98,000 patients are killed every year in hospitals as a result of medical errors. A number of these errors are diagnostic errors. The World Health Organization estimates that most people will likely experience a diagnostic error in their lifetime. In the United States, diagnostic errors affect 12 million Americans every year and likely cause more damage to patients than all other medical errors combined.

All medical professionals have a responsibility to treat patients with proper care. Part of this includes evaluating a patient’s symptoms and prescribing the appropriate tests to correctly diagnose the medical condition. Early detection is often critical for the treatment of diseases, especially when it comes to conditions such as cancer. If your doctor’s mistakes resulted in the delayed diagnosis of your disease and impacted your opportunity to receive timely and proper treatment, you may be able to sue the at-fault physician for medical negligence.

Study Finds Knee Airbags May Increase Risk of Injury

Published on: September 19, 2019 | by Law Offices of Robert Dixon

Even though airbags are meant to protect us, the reality is that sometimes they do more harm than good. If you have been injured due to any type of airbag malfunction, our Miami products liability lawyers can help. We understand the serious physical, emotional and financial toll that an airbag malfunction can have on a person and his or her entire family, which is why we will aggressively fight for your rights throughout the entire legal process.

We tend to believe the more airbags, the better. This is not always the case. A new study conducted by the Insurance Institute for Highway Safety (IIHS) indicates that knee airbags are not very effective in preventing injury. In fact, they could potentially increase the risk of injury, according to the study. Knee airbags are airbags that deploy from a car’s lower dashboard. They are designed to spread impact across a car occupant’s legs in the event of a crash in an effort to reduce leg injuries.

IIHS examined data from more than 400 frontal crashes it conducted as part of its automobile ratings to determine if leg injuries were less probable in cars with knee airbags. Surprisingly, crash test results revealed that knee airbags were connected with an increased risk for lower leg and right femur injuries. The test was created to simulate what occurs when the front left corner of the car crashed into another automobile or object. Scrutinizing real world accident reports from 14 states, IIHS determined that knee airbags did decrease overall risk of injury from 7.9 to 7.4 percent, which the organization says is not statistically significant.

The “51 Percent Chance Rule” in Florida Medical Malpractice Cases

Published on: September 19, 2019 | by Law Offices of Robert Dixon

Tragically, medical malpractice injures countless patients in Florida and across the country every year. If you’ve been affected by medical malpractice, do not delay in reaching out to our Miami medical malpractice advocates. With wide-ranging experience in this realm of law, we know how to handle even the most complex malpractice claims.

Florida law does not recognize the “loss of chance” doctrine as a theory of recovery for patients in medical malpractice lawsuits. This doctrine is typically used when a doctor fails to make a diagnosis or delays a diagnosis. The negligence involves the doctor’s failure to diagnose or treat a patient’s condition in a timely manner, which causes the plaintiff a loss of chance to survive or have a more optimal outcome. In other words, the “loss of chance” doctrine is a cause of action allowing a patient to seek damages based on the reduced chances that the patient will recover. Consider the following example – a patient dies sooner than he or she would have from a malignant tumor whose diagnosis was negligently missed by a doctor. In this case, the patient would have likely died anyway but the cause of action is for the fact that the patient died sooner than he or she would have if a timely diagnosis had been made and immediate treatment had begun.

The Florida Supreme Court has held that the plaintiff bears the burden of proof in Florida medical malpractice cases and must convince the jury that his or her injury is “more likely than not” the result of defendant’s negligence. This standard is satisfied when the plaintiff can demonstrate that there was a 51 percent or higher chance that the harm would not have taken place ‘but for’ the defendant’s actions or lack thereof. As such, if a patient has under a 51 percent chance of survival or treatability prior to the medical professional’s negligence, that patient does not have a cause of action in Florida. Florida is part of a minority of states that requires the plaintiff to show that the injury was actually caused by the medical professional.

Florida Fire Chief Killed In Motorcycle Accident

Published on: September 19, 2019 | by Law Offices of Robert Dixon

Motorcycle accidents can lead to catastrophic injuries and, in the most serious cases, death. If you have sustained an injury in a motorcycle crash, you could potentially recover damages for your harm. Our Miami motorcycle accident attorneys can value your claim and help you get the maximum compensation possible in your case. We know the uphill battle that injured motorcycle riders face when trying to hold negligent parties responsible for their conduct.

Earlier this month, a 40-year-old Florida fire chief was killed in an accident while returning home from a public meeting. The man was going to his house on his motorcycle when he collided with an SUV. Reports by law enforcement indicate the man was riding his motorcycle through an intersection when an SUV made a left turn in front of him, causing him to crash into the side of the vehicle. He was rushed to the hospital where he later succumbed to his injuries. The accident took place around 8pm. The driver and passenger of the SUV were not injured in the collision.

Motorcycle accidents can be particularly dangerous to riders since they do not have the structural protection of a vehicle that occupants of a car or truck have. Motorcyclists in Florida have the same rights and responsibilities on the road as any other driver. Sadly, however, they are often ignored, overlooked or disregarded by other motorists on the road. If you are the victim of a motorcycle accident, you can likely recover compensation through a personal injury lawsuit against the at-fault party. In order to win such a lawsuit, you have to show that the other motorist was negligent. Negligence occurs when a motorist fails to use reasonable care behind the wheel, thus, causing an accident and resulting bodily injury and/or property damage. Reasonable care refers to the level of care that an ordinarily prudent motorist would have used in the same situation. Some common examples of motorist negligence include speeding, making unsafe lane changes, tailgating, texting and driving, driving under the influence of alcohol or drugs and/or aggressive driving.

Florida Appeals Court Seeks Clarification on Summary Judgment Standard in Truck Accident Case

Published on: September 19, 2019 | by Law Offices of Robert Dixon

Have you or your loved one been injured in a truck accident? If so, you need a trusted Miami truck collision lawyer to evaluate your case and help you determine your legal options. With wide-ranging experience handling personal injury claims for South Florida clients, we know how to help.

A Florida appeals court recently sought clarification from the Florida Supreme Court, asking if there should be a different summary judgment standard when video evidence is involved. Under Florida law, a party is entitled to summary judgment as a matter of law when there is “no genuine issue” pertaining to any “material fact.” A material fact, in this context, is anything that tends to prove or disprove a disputed fact that is relevant to the outcome of the case.

The facts of the case are as follows. On January 17, 2017, a man was driving a freightliner truck on the freeway when he was rear ended by a pickup truck. The collision caused the freightliner to hit another vehicle. The pickup truck driver died as a result of the injuries he sustained in the accident.

Florida Court Rejects Plaintiffs Request to Pursue Punitive Damages

Published on: August 14, 2019 | by Law Offices of Robert Dixon

The decision to put a loved one in a nursing home is undoubtedly a difficult one. When you finally make such a decision, you expect that your loved one will receive adequate care. Sadly, this does not always happen. In fact, nursing home negligence and abuse is quite common both in Florida and across the US. Whether you are a nursing home resident or your loved one has been injured while in the care of a nursing home facility, we are here to help. Our Miami nursing home negligence attorneys are devoted to protecting the rights of Florida clients. We know how overwhelming it can be dealing with a nursing home injury, but you can trust that we will focus on the legalities of your case so you can focus on moving forward.

In Carpenters Home Estates v. Sanders, the estate of a deceased woman filed a wrongful death lawsuit against the nursing home alleging that the nursing home’s negligence was the cause of the woman dying. Some time after the complaint was filed, the estate asked the court for leave to amend the complaint in order to add a claim for punitive damages. The trial court allowed the plaintiff to do so, and the defendant nursing home filed an appeal.

The appellate court reversed the trial court’s decision to permit the estate to pursue punitive damages, reasoning that when a plaintiff asks for leave to add a claim for punitive damages, the lower court is required to decide whether there is a showing of admissible evidence that provides a reasonable basis to recover such damages. A plaintiff, according to the court, can show this by establishing one of two things: direct liability or vicarious liability.

New Study Ranks Florida Fourth Worst State for Auto Insurance Claims

Published on: August 14, 2019 | by Law Offices of Robert Dixon

Car accidents, whether minor or severe, can be an inconvenient interruption in a person’s life. Whether it is dealing with injuries, property damage or even filing a claim with insurance – it can be a cumbersome and time-consuming process. If a car accident has led to you or someone you love being injured, you must consult a Miami car accident attorney who can help. We will evaluate your case and provide you with our professional opinion regarding the value of your claim.

Paying for car insurance is a reality of life that no one particularly enjoys. If you are at fault or even partially at fault for a car crash, there is a strong chance that your car insurance rates will increase. But just how much the rate will increase may depend on the state in which you reside. A new study by Insurance.com reveals the best and worst states for auto accident claims following an at-fault accident. In other words, the study covers how much auto insurance rates spike after an accident. The study hones in on at-fault claims in each and every state where the claim was a minimum of $2,000 in damages. In every state across the board, however, insurance policy rates increased by an average of 31 percent after an at-fault claim.

Based on the study, Michigan is the worst state for car insurance claims where drivers already deal with the most expensive insurance rates of any state in the country. On average, Michigan drivers pay $2368 per year, and this number spikes to $3,502 after a wreck, a 48 percent jump. Louisiana comes in second place, followed by California and then Florida, which is ranked the 4^thworst state for post-accident auto insurance rates. In Florida, drivers pay an average rate of $2,250 and this rate jumps to $3,045 after an accident, an increase of 35 percent. Continue Reading ›

Florida Supreme Court Says Daubert Standard Governs Admissibility of Expert Testimony

Published on: August 14, 2019 | by Law Offices of Robert Dixon

If you have been injured in a car accident, slip and fall accident or any other type of personal injury accident, you may be able to recover monetary damages for your harm. Our Miami injury lawyers understand how to build a strong case, including the use of expert witnesses, as and when needed. In Florida, the standard that governs the admission of expert testimony just changed, which some believe will make it harder for injured plaintiffs to establish their claim. For this reason alone, it is more important than ever that you choose your injury attorney wisely.

We often think that the law is fixed and unchanging when the truth is that standards, rules and procedures change all the time. The Florida Supreme Court recently held that the Daubert standard, as opposed to the Frye standard, governs the admissibility of expert evidence in Florida courts. Over the last ten years, the Florida Supreme Court and the Florida Legislature have grappled with the appropriate standard for the governing standard on expert testimony. In 2013, the Florida Legislature adopted the Daubert standard. In 2017, however, the Florida Supreme Court declined to adopt Daubert on procedural grounds. The Florida Supreme Court, however, recently reversed the 2017 ruling and Daubert is now the standard in all federal court cases and in the majority of state courts as well.

The general premise of the Frye standard is that an expert opinion is admissible if the scientific technique on which the opinion is based is “generally accepted” as reliable in the relevant scientific community. This was almost a universal standard in courts throughout the country after the Supreme Court’s 1923 decision in Frye v. US.

Florida Court Discusses Admissibility of Social Media Evidence in Hit and Run Case

Published on: August 14, 2019 | by Law Offices of Robert Dixon

If you have been injured in a hit and run car accident, you probably have many questions. Our trusted Miami injury attorneys can take a close look at your case and help you understand your legal rights and options following a crash. At our firm, we understand how stressful it can be dealing with a hit and run accident because of the uncertainty it creates in terms of how you should proceed. But rest assured that you have options. We understand the nuances of Florida personal injury law and can apply it to your case.

In a recent case, a 28-year old man has been accused of causing the death of a rising MMA star in a hit and run accident this past May. The State claimed that the man drove recklessly while intoxicated after having left a bar. After the accident, the man supposedly went to a buddy’s house, “posted” something pertaining to the wreck online and hid the car he had been driving before getting it repaired.

Florida law requires drivers of all vehicles involved in a collision to stop their vehicle and stay at the scene. In fact, drivers are not allowed to depart the scene of a wreck until they have provided their names, addresses, and registration numbers for the automobiles they were driving. In addition, drivers must share their driver’s licenses information to any person, driver, or passenger who has been hurt due to the accident. If possible, drivers are also required to provide reasonable assistance to an individual who is hurt, including calling 911 if necessary.

After Settling Almost 300 Claims, Jacksonville Plastic Surgeons Face More Malpractice Allegations

Published on: August 14, 2019 | by Law Offices of Robert Dixon

Medical malpractice is a situation that no one wants to find themselves in, but the reality is that it happens all the time in Florida and across the country. Medical malpractice cases are almost always complicated, time-consuming and stressful. If you have been injured because of a medical professional’s carelessness or mistake, you may be entitled to receive monetary damages. Our hard-working Miami medical injury lawyers will examine your case and help you understand your rights and options under the law.

A father and son team who have already settled 290 medical malpractice lawsuits for botched breast-implant surgeries that left women disfigured and in severe pain are now facing more malpractice claims. Allergan, the breast implant manufacturer, has also been accused of fraud for paying the surgical duo for thousands of surgeries to replace supposedly defective implants even though, upon closer inspection, the implants showed no defects. According to the lawsuit, the surgeons were one of Allergan’s top 10 breast implant customers in the state of Florida.

Women have consistently claimed in lawsuits that the surgeons made their implants far larger than they had requested. Some women noticed black mold in their implants while others said that the surgeries left them with stabbing pains. A large number of women stated that the procedures left their breasts hardened, misshapen and lopsided. In addition, the women said the surgeons failed to use an anesthesiologist or a nurse anesthetist. Rather, the doctors used ketamine, a tranquilizer as a sedative, which led to hallucinations and patients waking up during surgery.
Continue Reading ›