Florida Injury Lawyer Blog

When medical mistakes happen, the consequences can be dire. Fatalities, head injuries, burn injuries and other serious personal injury can occur when medical practitioners make errors. When health professionals are negligent or reckless, causing mistakes, victims can seek help. The law provides redress in these cases that can be vital in giving a victim the resources to seek medical attention and help for the complications caused by the error.

Unfortunately, many victims are not aware of their rights and, in fact, are not always certain when medical malpractice has taken place. Some red flag signs of medical malpractice and error include:

1. A worsening of your condition. It may take some time for your condition to improve with treatment. However, health care professionals should give you a sense of how long you may need to wait to see improvement. If within that timeframe you have not seen improvement or if you have gotten worse, seek a second opinion.

2. Your diagnosis is logical given your symptoms. If you notice that your symptoms do not seem to indicate the diagnosis you have been given, that may be a sign of misdiagnosis. Ask your health care provider how he or she reached your diagnosis or seek a second opinion. Getting treatment for a condition you do not have can be dangerous, especially if your actual condition continues to be untreated.

3. You have common symptoms but the diagnosis you have been given is a rare or uncommon condition. You may have indicators that suggest a rarer ailment. Ask your doctor to help you understand how your diagnosis was reached. If your diagnosis still does not make sense, seek a second opinion..

4. Your diagnosis is based on a lab test alone. Physicians and other practitioners should consider your symptoms as well as tests when diagnosing. Ask to have tests run again or at the very least ask to have your tests checked independently by a second lab.

5. Usually, the diagnosis you received is based on a test you have not been given. Ask for the test to be administered or ask your physician why you did not receive the test.

Pedestrian accidents are often fatal or cause serious bodily injury such as head injuries, spinal cord injuries, and serious internal injuries. One reason for this is because pedestrians simply do not stand much of a chance when faced with a car. Another reason for this is because a disproportionate number of people injured in pedestrian accidents are children and seniors, and these groups of people may sustain injuries more easily due to their size or bodily condition. While drivers have a responsibility to prevent car accidents, there are many things that pedestrians can do to stay safe:

1) Cross only at designated intersections and crosswalks. Many pedestrians are injured because they try to cross the street without using crosswalks. Cars may simply not expect to see you in an area without a crosswalk. If you must cross without an intersection, find a spot where cars can clearly see you, make eye contact with any drivers on the road and make sure that you have plenty of clearance to cross.

2) Walk on sidewalks and pedestrian bridges where possible. These areas are no-car zones and are therefore the safest places to walk. Sharing roadways with cars always places you in greater danger. If you need to walk somewhere where no sidewalks are provided or where sidewalks are unavailable due to weather or construction, walk facing traffic, on the left shoulder of the road.

3) When crossing streets at intersections, look left, right and left again to ensure that you have a safe way to cross. Even if you have right of way, not all cars will stop. Stopping at a crosswalk yourself shows drivers that you intend to stop as well, and allows them to let you pass. Also, make sure that you obey traffic signals.

4) Stay visible. Wear clothing that is easily visible to drivers for the weather conditions. If you are walking at night, make sure your clothes have reflective material or bring a flashlight. Also, make sure that drivers can see you. Stay out of blind spots and make eye contact with drivers before crossing a street.

5) Stay alert. Walking after drinking heavily can be dangerous. You can veer into the road or make mistakes when crossing the street. Even wearing headphones can prevent you from hearing horns and other warnings.

6) Don’t let children play on streets or near them. Children often can’t judge car distances and may not be able to understand safe pedestrian practices.

Bicycle accidents are often caused by vehicles or, more specifically, by driver inattention. However, bicyclists also have a responsibility to stay safe on the road. Some bicyclists do take unnecessary risks, even though a car-bicyclist collision is far more likely to seriously harm the bicyclist rather than the driver. There are several things that bicyclists can do to stay safer:

1) Watch out for more than cars. Although most serious spinal cord injuries, broken bones, fatalities, and brain injuries occur when bicyclists are in collisions with cars, bicyclists can also be serious injured when they fall off their bike or encounter an obstacle. Keep an eye out for uneven terrain and for animals as well as other potential problems on the road.

2) Get to know your bicycle routes. It pays to hike your routes before you bicycle them. That way, you can spot potential dangers as well as lights, stop signs, and other things you need to be aware of.

3) Wear knee pads as well as a helmet each time you bike. The helmet guards you against brain injuries, but the knee pads will save you many scrapes and bumps as well as more serious bone and joint injuries.

4) Get mirrors on your bicycle. This is especially important if you plan on bicycling along busier streets, where you need to keep an eye on traffic. Even if you bike along quiet streets or trails, however, keeping aware of everything around you can help you prevent accidents, and mirrors allow you to stay more alert.

5) Do not get distracted while bicycling. Do not try to talk on your cell phone or listen to music when you bike. Just like a driver, your full attention needs to be on the road and on potential dangers in front of you.

Drowning is the second-leading cause of death for Americans between 5 and 24 years of age. Water-related accidents can include drowning, pool-related accidents, and boating accidents. Accidents near bodies of water can be fatal and can also cause serious injuries, including brain injuries, spinal cord injuries, and other injuries. Many water-related accidents can be avoided. Here’s how:

1) Never swim alone. Whether you are a teen or an adult, always swim with someone else present. Even if you have had lots of experience, sudden cramps, fatigue, or a current can pose an immediate danger. Children should never swim without qualified adult supervision.

2) Get lessons. Children should be taught to swim at an early age – swimming lessons can help save your child’s life if your child falls into a lake or pool. Adults should get first-aid and CPR classes. Every adult supervising children who are swimming should be a strong swimmer and should have CPR training in case mouth to mouth is needed.

3) Choose swimming areas carefully. Public swimming areas supervised by a professional lifeguard are the safest places for children and teens to swim. Make sure that your children aren’t swimming at an unsupervised local swimming hole, where riptides, wildlife, currents, and other dangers may be undetected.

4) Know your children’s limits. If your children are just new to swimming, make sure that they swim in safe areas that are appropriate for their skill level. Have your children swim with other children who are at the same skill level. If your child is swimming with stronger swimmers, he or she may take risks in order to try to keep up.

5) Make sure your children know how to dive. Diving causes many spinal cord injuries when swimmers dive into water that is too shallow or contains rocks. Make certain that your children’s swimming classes include diving lessons and teach your children to only dive in swimming pools in the diving area of the pool.

6) Make sure your children stay hydrated and sun-safe when swimming. Sun reflects off water and can cause burns more quickly. Make sure your children wear water-proof sun block or frequently apply sun block when swimming outdoors. Encourage your children to drink plenty of water, as well, to prevent heat exhaustion and dehydration.

A brain injury can occur as a result of a boating accident, slip and fall accident, bicycle accident, nursing home abuse, and other injuries. There are two kinds of brain injuries: impact injuries and contrecoup concussions. Impact injuries occur when the head hits something solid. Contrecoup concussions occur when the head is whipped from side to side or forward and backward. This causes the brain to crash against the skull, which leads to bruising, bleeding, swelling, tearing, and other damage to brain tissue.

The most serious symptoms of brain injury include vomiting and disorientation and loss of consciousness. Loss of consciousness is usually easy to spot, but telling whether sometime is disoriented. Physicians use the Glasgow scale to determine this. The Glasgow scale gauges how well someone is able to keep their eyes open, how well someone is able to respond verbally to questions, and how well someone’s muscle responses work. If someone loses consciousness after a head injury or is unable to answer simple questions, call emergency medical personnel. If someone is vomiting after a head injury, the brain injury may be a medical emergency. Dial 911.

Other symptoms of a brain injury include sensitivity to noise, headaches, tiredness, dizziness, irritability, blurred vision, problems concentrating or doing multiple tasks at once, lack of patience, anxiety, trouble sleeping, trouble remembering things. If someone develops these symptoms after a head injury, they should visit their doctor right away.

Even if you have few or no symptoms, it is a good precaution to visit a doctor after getting a hard bump to the head. You might not notice some symptoms or attribute them to something else or you might have fewer symptoms than the average patient. Prompt treatment of a head injury is important. Your doctor can test for brain injury and can refer you to a neuropsychologist or specialist if necessary.

If you have sustained a traumatic brain injury and are under a doctor’s care, it is important to take things easy. Discuss carefully with your doctor the activities you can and cannot do. Discuss your exercise routine, for example. You may have to temporarily give up some sports as you heal. You will also need to be careful about preventing another brain injury. Another brain injury can cause serious complication and can even prove fatal.

Many patients who sustain a brain injury are aggravated by their symptoms and frightened by their diagnosis. Some patients have a hard time returning to their jobs or daily activities. Many feel upset about the sports and other activities that they are missing. If you are experiencing any of these feelings, consider seeking support. There are many support groups available for people who have sustained a head injury. In many cases, these groups can help you as you heal from your injury.

About 6 million Americans each year are affected by mild traumatic brain injuries. These injuries occur as a result of sports injuries, pedestrian accidents, bicycle accidents, falls, and other incidents. Usually, these injuries require less than 48 hours of hospitalization or even no hospitalization at all. However, do not let the name “mild traumatic brain injury” fool you – this type of brain injury can still have a significant impact on a person’s life. It also requires close monitoring, as a mild injury can get worse.

A brain injury is considered a mild traumatic brain injury if the patient has been unconscious for less than 20 minutes after a head injury. Some mild memory loss is common after a mild traumatic brain injury, and many patients, for example, do not remember the head injury that has occurred. In a mild traumatic brain injury, however, memory usually returns in 24 to 48 hours. With medical supervision, the patient heals.

Many people who have sustained a mild traumatic brain injury find that as they recover they experience several symptoms. Doctors refer to these as postconcussion syndrome symptoms:

1) A very persistent headache
2) Fatigue and dizziness
3) Irritability
4) Mild memory loss and lack of ability to concentrate
5) Mild difficulty completing daily tasks
6) Sleep troubles
7) Trouble multi-tasking
8) Emotional upheavals or upset, depression, or anxiety

Some people with mild traumatic brain injury experience these symptoms in the weeks or days after a head injury. Some people never experience any symptoms at all. In many cases, the symptoms can persist for weeks or even months after a brain injury. Most doctors expect all symptoms to be gone within six months.

After a mild traumatic brain injury, you should seek medical help from a doctor. Your doctor will tell you how soon you can take part in your daily activities. If you play sports or drink alcohol, you need to tell your doctor, because your doctor may prohibit you from certain exercise and from drinking until your mild traumatic brain injury is completely healed. This is because a second brain injury could severely injure you. Follow your doctor’s directions fully and return as required for checkups to see that your mild traumatic brain injury is healing.

Call your doctor at once if your symptoms get worse or if you develop new symptoms. If you are having trouble with basic daily activities, visit your doctor again. You may need help from speech, occupational, or physical therapists as you heal from your injury or you may need more tests to determine whether there is another problem.

Florida weather is a boon to bicycle enthusiasts, who can often enjoy biking along trails, streets, and roads well after other parts of the country are covered in snow. However, not all areas of Florida are completely safe for bicyclists. Morton Avenue to in Jacksonville, for example, is considered to be one of the most dangerous areas for bicyclists in the city, according to authorities and bicyclists. Several fatal accidents have taken place along the street and several bicyclists have suffered serious personal injury on the street. Pedestrian accidents have also occurred on the same street. Police blame the multiple lanes and large amounts of traffic on Morton Avenue for the number of accidents.

Although good habits can help protect bicyclists from some accidents, even good bicyclists are at risk of bicycle accidents. In 2008, Jacksonville Police Chief Tom Weeks, a bicyclist who understood the rules of the road extremely will, was killed in Springfield when his bicycle was struck by a car.

In Jacksonville, Morton Avenue is not the only dangerous area for bicyclists and pedestrians. College Avenue in Jacksonville is the second busiest street in the area and a frequent site of pedestrian accidents. Both bicyclists and pedestrians have been hit on Westgate Avenue, as well. According to police, high traffic volume and driver inattention often combine to create deadly or dangerous conditions on these streets.

Across Florida, authorities recommend that drivers minimize distractions when driving. Avoiding cell phones and involved discussions with passengers can help drivers avoid many accidents, according to local police. Police also note that bicyclists can help avoid accidents by following the rules of the road. Authorities also recommend that bicyclists stay safe by:

1) Choosing routes wisely. Police note that new bicyclists often select the same routes they would choose when driving. Taking smaller streets and less busy streets can mean less risk of injury.

2) Stay visible. Jacksonville authorities note that many bicyclists in the area ride their bicycles without reflective clothing and without lights. Simple headlights and rear lights on a bicycle can ensure that drivers see you in time to prevent a collision.

3) Stay to the left or take a whole lane. Staying left prevents injuries caused by open car doors. Taking the whole lane ensures that cars see you and do not try to pass you when there isn’t enough room. If you’re selecting quieter streets, you shouldn’t be holding up traffic and there should be no problem with you taking up a lane.

Brain injuries – whether caused by car accidents, boating accidents, pedestrian accidents, or other incidents – can be serious or mild. Some people sustain trauma to the head and experience nothing more serious than a brief bump. Others find that brain injury leads to permanent injury or even death. Obviously, the force of impact is an important indicator of how serious an injury is. The place where impact takes place can also determine the severity of a head injury – blunt force to the temples, for example, very often leads to serious injury or fatalities.

To make matters more confusing, some brain injury victims seem perfectly fine after a head injury. Some walk away from an accident, thinking that there is nothing wrong and are later rushed to the hospital with a serious brain injury. Just because a brain injury is not dramatic, that does not make it a minor or insignificant injury.

Determining whether a brain injury is serious or not is difficult. It is useful to know the symptoms of a concussion. These symptoms include:

1) Confusion or disorientation.
2) Headache.
3) Nausea or vomiting.
4) Memory loss.
5) Vision problems.
6) Problems talking.
7) Balance problems.

Anyone with these symptoms should get medical help right away.

If someone is having more subtle symptoms, however, it can be more difficult to determine what to do. A good rule of thumb is: have every good bump on the head checked out as soon as possible. If someone is experiencing loss of consciousness, a headache, vision problems, slurred speech and other problems described above, contact your emergency hospital room or call for emergency help. If someone has sustained a serious bump on the head, go to an after-hours clinic or a doctor immediately for an evaluation. Some people do not develop symptoms for a few hours after an injury and then suddenly are in a critical medical situation. Getting help promptly can help save a life.

If you are not sure whether your head injury is an emergency or not but have at least one symptom, get immediate help. Of the approximately 1.7 million Americans who visit emergency rooms for head injuries annually, 90% are found to have concussions. If you think you might have a concussion you might. Even if you do not, it is better to be safe than sorry. If you feel uncomfortable visiting your local emergency room because you are not showing many of the symptoms of a concussion, call your doctor’s office and explain your situation. You doctor may make room in his or her schedule to see you the same day or may direct you to the emergency room.

According to the National Fire Protection Association, more than 236,000 children were injured in bicycle accidents in 2007. Many of these injuries involved brain injuries. In fact, brain injuries were the leading cause of death from bicycle accidents. In many cases, these brain injuries would not have occurred if the child was wearing a helmet at the time of the accident. According to the National Fire Protection Association, there are many things that parents can do to keep their children safe on bicycles:

1) Choose your child's routes carefully. If your child is ten years of age or younger, have your child only bicycle on bike paths or on sidewalks. Do not permit you child to bicycle on the road or the streets, as this can be dangerous. Teens can choose to bicycle in streets, as long as the have learned the rules of the road and bicycle with traffic rather than against it. Do not allow your children to bicycle at night, when visibility is poor and bicycle accidents are more likely.

2) Have your child wear a helmet each and every time that they get on their bicycle. Allow you child to select a helmet that he or she likes, and ensure that he or she wears it correctly each time. Helmets are one of the best ways to prevent serious brain injuries and other bicycling injuries.

3) Teach your children good bicycling habits. Show your children how to use the correct hand signals and encourage them to use the hand signals so that drivers know when they are turning. Teach your children to come to a complete halt before driving across a pass, sidewalk, or driveway. Teach your children to walk bicycles across streets, and only very carefully.

4) Bicycle with their children so that you can notice any potential bad habits. If your child is not seem to know the rules of the road or the rules of bicycling, make sure that you teach them. Do not allow your children to bicycle alone or with friends until these basic rules have been mastered.

5) Look for safe bicycling classes in your community. Some police stations and firefighters offer these classes for free to children. These classes teach about the importance of helmets, proper bicycling habits, and traffic rules. There are an excellent way to reinforce the importance of bicycling safety for your children.

6) Lobby for more walking and biking trails in your area. Bicycle and hiking trails are much better alternative to streets for children who are interested in bicycling, because these areas do not require the child to share the road with vehicles. Write to your local mayor or congressperson to ask for more bicycling routes and dedicated walking areas.