Florida Injury Lawyer Blog

All 50 states have laws to prevent elder abuse and all have adult protective services (APS) agencies to look into reports of suspected elder abuse. Despite this, however, elder abuse seems to be on the rise in Florida and in other states. A 2004 Survey of State Adult Protective Services found that the total number of reports of elder abuse and neglect increased by 19.75 between 2000 and 2004. Substantiated cases of abuse rose 15.6% between 2000 and 2004.

Elder abuse is the general term that refers to any intentional, negligent, and knowing action which causes serious risk or harm to an adult who's considered elderly or vulnerable. Elder abuse can include emotional or psychological abuse, financial exploitation, sexual abuse, and physical abuse. Neglect and abandonment are also considered forms of elder abuse. Abuse of elderly persons can lead to serious personal injuries, including burn injuries, broken limbs, and other serious conditions. That’s one reason why it is everyone’s business.

If you suspect that elder abuse is taking place, you must report it. Simply call your local adult protective services hotline to report the incident. The agency will screen your call for potential seriousness, and will keep all information you provide confidential. If the agency determines that the case is serious and may be in violation of local elder abuse laws, a caseworker will be assigned to conduct an investigation into the allegations. If the call signifies a potential emergency in which an elderly person is in immediate danger, the agency will generally dispatch someone within 24 hours to investigate. If the elderly victim is in need of help, services will be made available to that person.

One potential problem with elder abuse cases is that elderly persons have the right to refuse services offered by the agency. In other words, the senior has to agree or must have been declared incapacitated by a court in order for the agency to intervene. In cases where an elderly person is deeply intimidated or fearful after abuse has taken place, that person may simply not agree to have an agency help them, even if such help is really required.

In these cases, it can be truly heartbreaking for family or friends to see abuse taking place, but to feel as though they have no recourse to help their elderly loved one. In such cases, a qualified and experienced Florida attorney may help. Even if the local agency cannot intervene because an elderly person has refused help, a Florida attorney can help family and friends understand what legal options they have.

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Most homes in Florida today have microwave ovens. Microwaves allow for easy reheating, cooking, and thawing. However, according to the FDA, microwave ovens can also potentially lead to serious burn injuries. According to the FDA, there have been reports of serious skin burning and scalding, especially on people's faces and hands. This has resulted when hot water heated in a microwave overflows or erupts out of a cup because of overheating in the microwave oven.

The problem seems to stem from the fact that water in a microwave oven can easily be overheated, causing superheated water, or water that is past its boiling temperature. Even though the water does not to boil, it can in fact be superheated and can cause an eruption when removed from the microwave oven. There is no way to tell whether the water is a danger simply by looking at the fluid.

According to the FDA, the risk of burns is high especially when water is heated in a clean cup in the microwave. The risk of burn injuries is greatly reduced if other items are added to the water before heating. For example, adding instant coffee, cocoa, sugar, and other items into the water greatly reduces the risk of burning. In cases where water is superheated in the microwave, any small disturbance or movement will cause the water to violently erupt, and will cause the boiling water to explode out of the cup or container. For example, someone removing the cup from the microwave, pouring in a spoonful of coffee or sugar, may inadvertently provoke violent explosion of the water out of the cup.

According to the FDA, there are several things that customers can do to avoid superheated water in microwave ovens. Firstly, they recommend that all customers read the instructions, precautions, and recommendations found in the instruction manual for their microwave oven. The microwave oven instruction manual should offer the heating time for liquids and other items. Avoid using excessive amounts of time when heating liquids or water in the microwave. According to the FDA, eggs should also be scrambled or pierced before being heated. Eggs, too, can also overheat and explode onto customers faces and hands, causing serious burn injuries. To prevent burn injuries to minors and children, children should always be supervised when using microwaves.

The FDA also recommends that customers look at the microwave oven they own to find out the best time setting and the best temperature setting for heating water. Customers should use this setting regularly to heat the water only to the desired temperature. Heating the water excessively will not be helpful, and as these reports suggest, may be dangerous.

Of course, some burn injuries resulting from household appliances are caused by defective products. Customers may want to check recall notices to determine whether their microwave ovens have flaws that can be harmful. If you or a loved one has been injured by superheated water resulting from a defective microwave oven or other appliance, you may need to launch a products liability case in order to get all the help you are legally entitled to under the law. Contact a good Florida attorney in order to discuss all your legal options.

The U.S. Consumer Product Safety Commission (CPSC) has issued a consumer alert regarding common household batteries. Studies conducted show that about approximately 3,700 people annually are treated in emergency rooms for chemical burns caused by common household batteries. About 20% of these victims, according to the CPSC, are children 16 years of age or younger.

Most of these injuries to minors and children occur when batteries rupture or overheat. There are many ways that this can happen, the CPSC reports. Using the wrong charger or re-charging batteries not meant to be recharged can cause burn injuries. Also, mixing alkaline and carbon-zinc batteries or new and old batteries in the same appliance can cause the batteries to overheat and rupture. The CPSC recommends always changing all the batteries of an appliance with all new batteries from the same pack.

Customers may also want to ensure that they are placing batteries in correctly. Placing the positive end where the negative end belongs and vice versa can cause the battery to overheat. Since children may not understand how to properly install batteries, it is important that parents always install and replace batteries themselves. Children should be warned not to play with batteries or to replace or recharge them themselves. Batteries should also be kept well out of reach of children. Curious youngsters may try to rupture a battery to see how it works or may inadvertently place the battery on a hot surface, situations which can cause the batteries to explode or cause serious burns.

If appliances are not in use for a while, it is a good practice to remove batteries completely. Older batteries may leak, and the next person to attempt replacing the batteries in the appliance may come into contact with corrosive chemicals. In some cases, battery-related burn injuries occur because a product or battery is defective. Checking product recalls in the news and ensuring that battery-powered appliances are working well are two good ways to ensure that a product liability claim does not have to take place after a burn.

If you or a loved one do suffer a burn injury because of a household battery caused by a defect, look for a good Florida attorney. A qualified Florida lawyer can look into the situation and can take steps to ensure that others are not injured by the defect. A good Florida attorney can also work on your behalf to ensure that you get the assistance you are entitled to under the law. This assistance can be invaluable in helping you to get proper medical care as you recover.

According to many studies, car crashes are among the leading causes of death for US children, even though these fatalities are largely preventable. According to the NHTSA, something as simple as placing children in age-appropriate and size-appropriate car safety or restraint systems reduces the risk of fatalities and injuries by more than half.

According to the NHTSA, 1,451 children under 14 years of age died automobile crashes, and another 203,000 were injured in 2005 alone. On average that is about 4 deaths and 556 injuries daily. Almost half of the fatalities involving children in car accidents involved children who were unrestrained in the car.

Car accidents involving injuries to minors and children are an especial concern during the summer, when Florida parents are transporting children to camps, child care, summer programs, friends homes and so forth. Children simply spend more time in cars during the summer, on average, and that means a bigger chance for children to be injured in Florida car accidents.

According to the NHTSA, there are several things that parents can do to avoid childhood fatalities, burn injuries, head injuries, spinal cord injuries, and other serious injuries that can occur to child passengers in motor vehicle accidents. The NHTSA recommends that all passengers ages 12 years old and younger be placed in the back seat and properly restrained every time they ride in a car. Even on short trips, proper restraints such as rear-facing seats, forward-facing seats, and booster seats can save lives in the event of an accident.

The NHTSA also recommends that parents read car seat instruction manuals and vehicle owner’s manuals when properly installing and using restraints and seats for children. According to one study, up to 72% of child restraint systems are used incorrectly at least part of the time, dramatically increasing the chances of injury in the event of an accident.

Parents should contact the manufacturer of child restraints and seats periodically and contact the National Highway Traffic Safety Administration regularly to find out about any product recalls. Defective child restraints and child seats can cause serious injury and harm. If your child has been injured by a defective restraint or seat system, contact a good Florida attorney in order to get help and in order to prevent other families from suffering through similar tragedy.

The World Health Organization (WHO) recently released the findings of a study that suggests that travelers who travel for four hours or more double their chances of developing deep vein thrombosis. According to the WHO, almost one in 6,000 long-haul travelers is at risk for thrombosis, which can have some unpleasant and potentially serious consequences.

The WHO points out that very short travelers whose feet do not touch the ground and very tall people who are cramped in small seats are at most risk. Frequent travelers, women taking birth control pills, the obese, and those who have disorders related to blood clotting are also at risk of developing dangerous blood clots due to immobility during travel.

The assistant director-general for non-communicable disease and mental health for WHO, Catherine Le Gales-Camus, points out that whether travelers are traveling by car, bus, train, or plane, venous thromboembolism can occur when someone is not moving much for fours or more during travel.

The problem occurs because travelers who are immobile do not experience regular muscle contractions that would occur with movement. As a result, blood starts to pool in the legs, creating good conditions for blood clots, or thrombus, in deep veins. Some sufferers of thrombosis experience swelling, soreness, or cramps in the areas affected, while other victims have no symptoms. Whether a victim has symptoms or not, however, a blood clot can be very dangerous if it travels to the lung. There, it can block blood flow and cause pulmonary embolism. Symptoms such as difficulty breathing and chest pain may develop; the injury may prove fatal if the victim does not get medical help.

Health experts estimate that about 2 billion people travel by airplane annually; many more take trips by land. In both cases, these travelers sit still for long periods of time. Currently, studies suggest that one person suffers from thrombosis for every 20 long-haul flights with 300 passengers. Although aviation accidents are far more likely to cause personal injury to travelers, thrombosis can develop into a potentially life-threatening injury, and it is very easy to prevent.

There are a few things that people can do to prevent thrombosis even on long-haul journeys. Travelers should move their calf muscles in their seats using up and down movements that move the ankle joints and feet, according to the WHO. Also, travelers might want to leave their seats and move around for a few minutes where possible. Travelers who are traveling by car may wish to pull over periodically to stretch their legs and walk around.

Passengers who are traveling by air or by overland transportation should avoid alcohol and sleeping pills, according to the medical experts at the WHO. Alcohol and sleeping pills do not encourage passengers to move around and may contribute to the ideal conditions for thrombosis. Passengers should also avoid wearing tight clothing, say the WHO experts. Tight clothes can constrict circulation and contribute to problems.

While many of us assume that burns occur mainly in fires, this is not the case. Burns from hot water and from chemicals are also very common in Florida and across the country. Chemical burns, especially, can occur in car accidents, construction accidents, and in other situations where a corrosive chemical touches the skin.

If you or someone you know suffer a chemical burn, administer first aid by following these steps:

1) Call 911 or seek medical assistance at once if the burn is severe or if you are unsure about what the chemical involved is. Call the local poison control center if you know what the substance is and ask for specific first aid advice.

2) If the chemical is lime or a powdery substance, brush it off skin first. Remove the chemical by rinsing the affected area in cool, running water for at least 15 minutes.

3) Remove any clothing items or accessories that have been affected by the chemical.

4) Wrap the affected area very loosely using a clean cloth or sterile gauze.

Minor chemical burns will often heal by themselves, but it is a good idea to seek medical help to be on the safe side. Medical supervision is important in preventing infection and other complications. If you notice any of the following symptoms, the chemical burn is a medical emergency and should receive emergency medical assistance right away:

Continue reading "Florida Chemical Burns Can Cause Serious Harm – Here’s What to Do if the Worst Happens" »

A new study reported in the American Journal of Preventive Medicine suggests that carbon monoxide poisonings at hotels and motels are not decreasing, although they are not a common malady for travelers. Researchers of the study found 68 cases of carbon monoxide poisoning at resorts, motels, and hotels across the country between 1989 and 2004.

The research indicated that 27 people died of these poisonings, and a further 772 people became ill as a result of the carbon monoxide. Researchers say that the odds of any one person becoming ill from carbon monoxide while traveling are quite low. However, Dr. Lindell Weaver of LDS Hospital in Salt Lake City, Utah, who headed the study, points out that carbon monoxide poisonings are not decreasing in number and are fatal and serious when they do occur.

Carbon monoxide is an odorless and colorless gas that is produced by heating systems, cars, gas ranges, and other appliances. In hotels, carbon monoxide can build up if a fuel burning appliance, furnace, water heater, or other item is not properly vented or is important condition. In some cases, defective products can lead to excessive carbon monoxide emissions.

Sufferers are of carbon monoxide poisoning may experience nausea, chest pain, confusion, and dizziness. If victims do not leave the area where excessive carbon monoxide is present, the gas will prove fatal. The problem with hotels, according to researchers of the study, is that many people sleep in their hotel rooms. If the gas is present in their room, the carbon monoxide may become fatal before the travelers have a chance to wake.

Federal law and the United States stipulates that resorts, hotels, and motels must have smoke detectors in every guest room. However, there are no national laws about the presence of carbon monoxide detectors. Some states require hotels, motels, and resorts to have carbon monoxide alarms somewhere on the premises of the property. However, none of the states require a carbon monoxide detector in each guest room.

Researchers however, point out to that carbon monoxide detectors only cost about $25 per unit. Therefore, the researchers argue that having carbon monoxide detectors which can prevent fatalities makes a great deal of sense. Despite this, the researchers from the study reported that of the 43 hotels, motels, and resorts they were able to contact which had experienced a carbon monoxide poisoning incident, only 12% had installed carbon monoxide detectors since experiencing a fatality or injury on site.

Continue reading "Florida Travels Beware: Carbon Monoxide Risk Present At Hotels" »

Many people are using the last days of Florida summer in order to get in some vacation or travel time before the children return to school in the fall. While Florida travelers have a wealth of possible locations to visit and experience, is important to that all travelers be aware of the potential for illness and personal injury while abroad. If you are hoping to travel to other countries, make sure that you take some precautions.

If you wish to travel outside the country, it is important to see your doctor a minimum of six weeks before you leave for your destination. This allows you to have a dental and medical check op before you go. You may need to take extra prescriptions, medication, or vaccinations before you go. You will also certainly want to take a medical information bracelet, eyewear, first-aid kits, and other necessities before you go.

If you are leaving the country, you may need vaccinations in order to stay safe. If you are not fully protected, your doctor may recommend vaccinations against Hepatitis A or hepatitis A immune globulin, Hepatitis B, the flu, Yellow Fever, Polio, Japanese encephalitis, Measles, Mumps, Rrubella, Meningococcal meningitis, Pneumococcal, Rabies, Tetanus, Diphtheria toxoids, Typhoid fever, and Chickenpox. Based on your condition and the location you're traveling to, your physician can make specific recommendations for the type of vaccination you will need to stay safe.

As you travel, you want to take cautions to prevent personal injury. Keep in mind that other countries have different rules and regulations about liability and injury, so you cannot always rely on assistance and insurance claims if you are hurt. Your best defense is not to suffer an injury. Eat carefully when you are traveling abroad. Avoid raw or uncooked seafood, cold foods, foods from street vendors, unpasteurized dairy products, ice, and water served in glasses. Use bottled water to brush your teeth, and eat well cooked foods and restaurants.

Avoid swimming in streams, lakes, and other public water sources unless you can be sure that they are safe from bacteria and other hazards. Also, keep in mind that automobile accidents or boating accidents in other countries may be more common. Wear a helmet if you are riding a motorcycle, avoid taking transportation that is overcrowded, and always use safety belts.

Burn injuries in Florida each year cause serious damage. These personal injuries are not only very painful, but they can cause scarring and permanent damage to physical appearance that can be very traumatic. Serious burn wounds can even affect the tendons, muscles, and even the organs protected by the skin, causing serious injuries that can hamper mobility.

Although Florida burn injuries are very common, Florida attorneys often notice that victims of these injuries are not always fully compensated or get the help they need. Burn injuries often cause damage that requires cosmetic surgery and most medical insurance does not cover that sort of treatment. Plus, many insurers and defenders minimize the damage caused by a burn injury.

If you or a loved one have suffered a minor burn, there are several things you can do. In the case of a minor burn, hold the affected area under cool running water for 15 minutes. Avoid popping any blisters that form and avoid applying butter or ointments to the area. Cover the affected area with dry gauze. If minor burns occur on the feet, face, hands, or genitalia, contact a physician right away, since even minor burns on these areas can be more serious than they appear. Similarly, always contact a doctor right away if an infant or young child sustains a minor burn. Even minor burn injuries to minors and children can be serious and may require a doctor’s supervision.

If you or a loved one have suffered a severe burn, call 911 immediately. Run cool water – never ice – over the affected area and raise any burned limbs of areas to minimize the area. Keep the injured party from becoming overheated or chilled. In cases of a severe burn, do not try to remove clothing from the burned area. Avoid putting any grease or ointment on the affected area and do not give the injured party anything to eat or drink. Ask the 911 operator for instructions if you are not sure what to do. If blisters form before help can arrive, do not pop the blisters.

If you or a loved one have suffered a burn injury because of someone’s reckless or negligent behavior, you are entitled under law to receive compensation that can help you pay for treatment and help. Contact a qualified Florida attorney to learn about your legal options.