Florida Injury Lawyer Blog

Most Florida residents have probably heard of the tainted milk scandal affecting China right now. A number of manufacturing companies, including Sanlu, a leading dairy producer in China, have been accused of illegally manufacturing milk that contains traces of an industrial chemical known as tripolycyanamide or melamine. Manufacturers allegedly watered down milk in order to make a greater profit and then added melamine to milk products in order to allow the milk to pass testing. Melamine added protein to the watered-down milk which allowed manufacturers to convince inspectors that the milk was adequately nutritious.

The scandal was initially uncovered when children using a baby formula began ill. Since then, the scandal has spread world-wide as it has become apparent that milk products around the world have been affected. So far, it is not known whether wrongful death suits will be filed outside of China over the scandal.

Melamine, when consumed, can cause kidney failure, kidney stones and other kidney illnesses, which can be especially dangerous to young children and the elderly. So far in China, it is estimated that 50,000 babies have fallen ill after drinking tainted milk. A worldwide figure for fatalities and illnesses is not yet known. Many countries so far have banned Chinese dairy products.

Although the US has not yet taken that step, the US Food and Drug Administration (FDA) has issued some recalls linked to the scandal. For example, all flavours of White Rabbit Creamy Candy, distributed by QFCO, Inc. of Burlingame, California have been recalled. It is believed that the candies – sold in California, Georgia, Hawaii, Illinois, Minnesota, New York, Oregon, Texas, and Washington – have been made with Chinese dairy products containing melamine. So far, there are no reports of any US consumers becoming ill from the products.

The FDA has also been advising consumers that some Mr. Brown instant coffee and milk tea products sold by King Car Food Industrial Co. Ltd, may be laced with melamine. The FDA advises that anyone who has purchased these products avoid consuming them. The agency also advises anyone who has consumed the products and has fallen ill to report their symptoms to a family doctor immediately.

In light of consumer worries over the melamine scare, the FDA has also made some suggestions to consumers to stay safe:

1) Continue to monitor the FDA website and the news media to learn of news recalls. Companies manufacturing any product with imported milk products – this includes Mars and Hershey products and infant formulas manufactured overseas that have met the requirements for distribution in the United States – are still considered safe, although testing of all possibly affected products remains ongoing.

2) Read labels carefully. The FDA warns the public that not all food products sold in Asian markets may be safe. For example, infant formula manufactured in China, and available for purchase at some Asian markets, may be tainted. Customers should exercise caution when purchasing any products that may not have been tested for distribution in the United States.

3) Do not buy Chinese-imported infant formula products or other milk-based products online. Products sold online are often not answerable to US laws surrounding recalls, so it is possible that tainted, recalled products will still be available for online purchase even if they are not safe. If a product has been recalled, do not buy that product, even if it is available for purchase online.

More than 36 million Americans are currently over the age of 65. By the year 2050, that number will increase substantially to 86.7 million. Although many senior adults require assisted living programs, special care or nursing home care, though, the licensing and monitoring of these programs has not kept pace with the greying of the population. Although there are many wonderful nursing homes and assisted living programs in Florida and across the country, there are also some care homes and facilities that offer poor medical care, untrained or abusive staff, and unsafe environments.

Instances of nursing home and elder abuse are especially tragic because not all elderly persons are easily able to communicate with friends and family. This makes them especially vulnerable to abuse and neglect and allows such behaviour to continue undetected. Also, some elderly persons have medical conditions that make them especially vulnerable to slip and falls accidents, broken bones, brain injuries, spinal cord injuries, hip fractures, and other injuries.

Although it is estimated that one million elderly Americans are victimized in nursing homes or assisted living programs each year, experts admit that estimating the numbers is very difficult because so many cases are never detected or reported. Elderly citizens are most vulnerable to neglect, which is also the most common form of negligence and abuse. However, instances of physical, mental, financial and emotional abuse as well as medical under-treatment are also depressingly common. In the most severe cases, abuse and neglect can lead to fatalities or permanent injury.

Although not every instance of nursing home and elder abuse can be foreseen and prevented, experts agree that there are many things that concerned family members and friends can do to prevent this problem:

1) Select a facility very carefully. Many cases of nursing home and elder abuse occur due to poor facility management, poorly trained staff or other preventable problems. In many cases, there are red flag signs that a facility has problems but many family members do not notice this. When selecting a care facility for an elderly loved one, ask lots of questions, drop in during visiting hours unannounced a few times and ask for thorough tours of the facility. Check references, credentials and polices carefully to ensure that your loved one will get good care. Trust your instincts – if you are hearing the right things but something seems “off,” keep looking.

2) Maintain vigilance. Even if you select the best facility possible, nursing home and elder abuse can still occur. Some excellent facilities may acquire new staff, management or develop new policies that affect care. Some facilities – even excellent ones – may overlook issues that affect your loved one. Sadly, nursing home and elder abuse can occur in any facility – even the best. Visiting your loved one regularly and checking up on the facility regularly are a must.

Continue reading "Putting a Stop to Florida Nursing Home And Elder Abuse" »

Any Florida family with a loved one in an assisted care facility may want to sit up and listen to the news out of Canada. In the city of Edmonton, an elderly man has died in a nursing home after drinking industrial dishwashing liquid. The man, Floyd Taylor, suffered burn injuries after drinking the chemical and died as a result of the incident. Taylor lived in t the Kipnes Centre for Veterans and was seen by witnesses spitting liquid into a sink on Sept. 12. It is now believed that liquid was the industrial dishwashing liquid that eventually killed him.

Taylor had Alzheimer's disease. When staff discovered that he had burns, he was taken to a hospital, where it was discovered that he had sustained serious burns to his mouth, vocal cords and esophagus. Taylor died four days later in hospital. The Taylor family thinks that the man drank the fluid thinking it was juice and believe the incident was preventable. It is not known whether a wrongful death suit will result from the accident.
Alberta Health Services is investigating the death and trying to determine whether the dishwashing liquid was left out inappropriately or was left in a cupboard that was unlocked.

The incident reveals that even good car facilities may inadvertently engage in some less than safe practices leading to nursing home neglect. Families can prevent similar accidents by:

1) Asking care facilities about the storage of dangerous chemicals, including cleaning products, over the counter medicines and other hazardous products. These products should be carefully stored in locked closets or cupboards and should be returned to these locked areas immediately after uses.

2) Ensuring that staff are adequately trained in safety procedures in the care facility. Asking what training staff have relieved is not excessive – it’s a good way to ensure that adequate care is taken. Mistakes can easily happen when staff are not clearly instructed as to what to do.

3) Knowing how staff deal with medication. Patients and residents should be given the right dosage of their medications at the right time each day. They should not be given bottles of pills or allowed access to larger doses of medication than they can take at one time. Medication doses and names should be checked before each administering to ensure that the right patient is getting the right medication in the right dose.

4) Raising any concerns promptly. One of the best ways to prevent tragedies is with frequent visits to the assisted living facility. Take tours and visit all common areas as well as your loved one’s room. If you notice any dangerous conditions – water on the floor that could lead to a slip and fall accident or an open container or paint – report the problem and follow up to ensure that it has been resolved. If you notice that dangers are not dealt with, contact authorities in your area or an attorney to protect your loved one.

Pedestrian accidents in Florida lead to many tragedies. Because cars and pedestrians are so unevenly matched, pedestrians struck by a vehicle often face significant injuries, such as broken bones, spinal cord injuries, brain injuries, disfigurement, and other injuries. In addition, pedestrians face a high risk of fatalities when struck by a car.

Unfortunately, in many cases, it is not a pedestrian’s fault that they have sustained injury. Some Florida motorists take significant risks when driving, and these risks can lead to car accidents. Motorists all over the country have a responsibility to drive safely to prevent car accidents and pedestrian accidents. Drivers can help prevent such accidents by:

1. Maintaining good visibility. Being able to see the road is crucial when driving. Wearing sunglasses during daylight driving hours can help cut glare. Keeping glasses and the windshield clean can also help improve visibility. Of course, if you need glasses, you should get regular check-ups and ensure that you have the latest prescription available so that your eyesight is 20/20.
2. Obeying the rules of the crosswalks. All corners have crosswalks – whether those crosswalks are indicated by painted lines or signs or whether those crosswalks are unmarked. When approaching any corner or crosswalk, exercise additional caution and be prepared to stop quickly. Keep in mind that pedestrians have the right of way in all crosswalks. This also applies to crosswalks which are not marked.

3. Watching out for parked cars. Parked cars mean pedestrians, since people will be walking to and from their parked vehicles. At the same time, though, parked cars mean reduced visibility for drivers, since parked cars can mean that pedestrians step out between parked cars, where they may be less visible.

4. Becoming sensitive to motion. Keep your eyes moving and stay alert. If you see any motion, even from the corner of your eye, always check to see what made the motion and get prepared for the unexpected.

5. Looking out for spaces that are shared by pedestrians and vehicles. When entering or leaving a driveway, for example, stay alert for pedestrians. Keep in mind that driveways may have pedestrians as well as cars, and you need to stay alert for both. Parking lots and loading areas or docks are similar.

Continue reading "Florida Drivers Have a Responsibility to Reduce Pedestrian Accidents" »

Although the medical industry often claims that medical mistakes are not very frequent, research suggests otherwise. According to one Harvard University study, 95 000 people are killed across America each year due to medical malpractice in hospitals. This does not take into account the many people who sustain head injuries, unnecessary amputations, permanent injury, brain injuries, burn injuries and other permanent or serious injuries due to medical mistakes and recklessness. According to a U.S. government study, 10% of physicians need discipline dues to recklessness or negligence, although only six-tenths of one percent of physicians are actually disciplined. This means that the vast majority of unsafe medical professions are still allowed to treat other patients. Often, it is only a tragedy that takes a life that results in discipline.

Although many instances of medical malpractice cannot be prevented because they happen outside of the control of patients – in labs, for example – there are many warning signs that patients can observe. Florida personal injury attorneys with experience in medical malpractice suggest that patients can prevent problems by:

1. Selecting their family doctor carefully. Do research and ask medical professionals as well as friends or family for referrals. Talk to previous patients of your doctor and schedule an interview before you select your doctor. Ask lots of questions about experience, education and procedures. Look for a doctor who is caring, experienced, honest, and board certified. Your family physician will be making many care decisions and will also be in a position to notice medical errors and possible red flags when you are referred to someone else. Look for a doctor who has a clean and organized office and an affiliation with a hospital. This will ensure that medical treatment runs smoothly and will cut your risks of injury and medical mistakes. Also, contact with local court record and the state medical board to determine whether your physician has been sued for malpractice. While everyone can make a mistake once or twice – or be the target of a frivolous lawsuit -- multiple suits are a definite warning signs.

2. Taking charge of your own health. Health care service providers are there to provide a service – you are still in charge. Despite this, many patients willingly surrender all their medical care decisions because they assume that doctors are more educated or know more. This can increase the chances of mistakes. Always ask plenty of questions and do your own research into your health conditions and your medication. If your own research uncovers something that gives you pause, ask your doctor about it right away. Consider writing all your questions down and brining a copy of these questions with you to appointments – that way, you won’t overlook anything.

3. Being proactive about lab results. Many people assume that if they don’t hear back from their doctor about test results, that means that there was no problem. Some doctors even tell patients that they will only be contacted in the event that something is wrong. This is a troubling practice, because it can mean that human error – someone forgetting to make a phone call – can postpone diagnosis and treatment. Always schedule a follow-up to discuss test results. Also, do not be shy about asking that tests be sent to a hospital or certified lab. These tend to offer more reliable results than doctors’ laboratories. Most important of all, if you continue to have symptoms even though a test result came back negative, request a second test be done. Many tragedies happen due to lab error.

4. Being careful about surgeries and treatments. If you need surgery, a medical treatment or any other procedure, get lots of information before agreeing. Ask about the procedure, recovery times, risks, benefits and alternative treatments. If your doctor does not have the time to answer all of your questions, find another doctor. Unnecessary treatments and surgical mistakes are a key cause of medical malpractice. Be sure to learn as much as you can about your surgeon and about the staff who will be helping him or her. If you are not comfortable with the surgeon or doctor who will be performing the procedure, do not hesitate to request another professional. If you need surgery, have the surgeon mark the area that will be operated on with pen shortly before the procedure. Wrong-site surgeries are a very common – and very preventable – problem at many hospitals.

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Public swimming pools are intended to be a safe place of recreation. Swimming pools in recreation centers, community centers, schools, and clubs all are required to have safety measures in place. The safety measures include barriers that prevent people from entering the pool after hours, on-duty lifeguards, and other safety precautions. Despite this, children and adults alike are injured in pools every year.

USA Safekids reports that for children ages 14 years of age and under, drowning constitutes the second major cause of injury-related fatality. In 2004 alone, 3702 children had near-drowning experiences that required emergency treatment. In about 40% of these cases, children had nearly drowned in swimming pools. According to the Drowning Prevention Foundation, 19% of childhood drowning deaths occur in public pools with certified lifeguards present. The Orange County California Fire Authority reports that a swimming pool is 14 times more likely than a car to cause the death of children 4 years of age and under.

Parents should not just be worried about fatalities, either. According to the National Safety Council, 5,000 children ages 14 and under are hospitalized due to near-drowning-related injuries. Of these an estimated 15% die in the hospital while another 20% suffer severe and permanent disability. Common pool-related injuries include broken limbs, head injuries, spinal cord injuries and other injuries.

Most experts agree that parents can help prevent these types of injuries by:

1) Making sure that someone is watching children at all times pool-side. Many accidents occur because someone watching children in the pool was momentarily distracted. According to the Orange County Fire Authority, 70% of preschool drowning victims are in the care of one or both parents at the time of the drowning. 75% of these victims are only left unattended or unobserved for five minutes or less. Most children who die of drowning – 86% -- are found after 10 minutes while 92% of survivors are discovered within two minutes of submersion, according to the National Safe Kids Campaign. Clearly, ensuring that no one has submerged for a long time is essential. Having several parents or adults observing at all times is key. Asking children to get out of the pool periodically is also essential.

2) Covering pools when not in use. Parents should make it their business to ensure that outdoor pools and any sort of public pools are covered and are not a temptation for children. If you see a pool that is not safely secured, ask the owner of the building to secure it.

3) Teaching children to swim. Swimming classes that teach children water safety are a good way to ensure that children respect pools and know how to prevent injuries. Providing extra classes with a qualified instructor ensures that children have the strength and know-how to swim safely. CPR and emergency courses for any adults supervising children pool-side are also a good idea.

4) Ensuring that children don’t run or engage in other risky behavior near the pool. Slip and fall accidents can easily turn deadly if a child slips into the deep end of a pool and bumps his or her head on the way in.

As several tropical storms approach Florida and other regions of the country, residents are bracing for impact. Although people living in hurricane areas often become somewhat complacent about safety – especially after a few bad storms with no injuries – it is always important to treat each new storm warning seriously. Hurricanes and tropical storms can cause serious injuries, including drowning incidents, head injuries and spinal cord injuries caused by falling objects or crumbling homes, and other types of injuries.

To keep yourself and your family safe:

1) Stay alert to the news. Have a portable radio and listen to the latest weather forecasts and warnings so that you know what to do. If you hear an advisory or warning, be sure to follow the instructions you are given about evacuations and dangers.

2) Understand the risks prevalent with storms in your area. If you live near the water, tropical storms can cause tidal surges and flooding. No matter where you live, storms with powerful winds can compromise home structural integrity and can cause heavy objects (including power lines and poles as well as trees) to come crashing down.

3) Develop a formal emergency plan for hurricanes. This plan should include charted escape routes from each area of your home and workplace. You should also discuss safe meeting places near your home and outside of your neighborhood. That way, if your family is not together during a storm you can meet together and ensure everyone is accounted for. Have an out-of-town contact everyone can call so that someone will know that you are all safe.

4) Create an emergency kit. Include water – at least 2 liters per person per day -- and non-perishable food. You will also want to have a can opener, flashlight, portable radio, extra clothes, and cash in small bills. Be sure to ask your doctor or pharmacist for a two-week supply of medicine and supplies. Pharmacies may be closed for some time after a hurricane, so make sure you are prepared. Your kit should also include important documents – including ID and detailed medical histories and reports about medical conditions and allergies for every member of your household. Take pet food and pet supplies with you if you have a pet.

5) Follow orders and do not take any risks. If you are told to evacuate, do so, following the routes designated by authorities. If you know that a hurricane or major storm is headed for your area but you have not been told to evacuate, stay in your home and make sure that everyone who can safely get home gets home. Do not drive or go outside if you do not have to. If you think a storm will be severe, board up windows ahead of time and secure any items outside. Once inside during the storm, stay away from any windows or from the side of the house where any large trees are. Stay calm and listen to the radio for instructions.

Of all medical malpractice cases, few are as tragic as those cases involving birth injuries or birth trauma. Some couples spend years planning for and anticipating becoming parents. When a health care provider’s negligence or recklessness causes a birth injury or birth trauma, parents are often faced with extreme grief at a time when they also have to deal with in the medical, financial, and legal consequences of the incident. Worse, birth injuries can lead to a lifetime of pain and difficulty. Some children who do not receive proper treatment at birth suffer lifelong disabilities or injuries. Some do not survive their first few weeks of life. In addition, some mothers experience severe complications when neonatal care is not adequate.

A birth injury or trauma is defined as an injury that occurs to an infant during birth. One of the most common birth injuries occurs when a delay in delivery deprives the unborn child of oxygen. When this occurs, a child may sustain brain injuries or may suffer from cerebral palsy, erbs palsy, or other injuries.

Besides delayed delivery, other common injuries at birth include:

1) Cephalohematoma. This occurs when the area between a bone and its covering starts to bleed. In most cases, a few hours after birth this is noticed as a lump on the infant’s head.

2) Caput Succedaneum. This injury occurs when the tissues of a baby’s scalp swell significantly. Usually, this injury occurs when babies are delivered by vacuum extraction. While in some cases, the swelling goes away and causes no further problems, some babies develop bruising in the area and may even suffer permanent injury.

3) Forceps marks. When forceps are used incorrectly, they can leave marks or bruises on a baby’s head and face. In some cases, they can cause birth trauma as well.

4) Facial Paralysis. In some cases, the facial nerve can be injured during delivery, especially in cases where forceps or vacuum extraction are used. Usually, this injury is evident at once because a crying baby with facial paralysis cannot close his or her eyes and cannot move one side of his or her face. Where a facial nerve has been torn, an infant may need surgery to correct the problem.

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