Florida Injury Lawyer Blog

Preventable medical errors are more frequent during holidays, weekends, nights, and during the winter and summer. While it is not always possible to decide when you will be in the hospital, if you have an elective procedure coming up, you will want to take precautions to minimize the risk of medical error and medical malpractice.

For example, in the medical profession it is known that medication errors and other preventable medical errors occur in academic hospitals across the country every July. This is known as “the July Effect” and occurs when new first year medical residents join academic hospitals during July. A study in the Journal of General Internal Medicine reports that when experienced hospital staff leave on vacation in July and are replaced by new residents, errors increase sharply. Locations without teaching hospitals, according to the research study, do not experience the same July effect.

Studies have shown that spring break, weekends, nights, summer vacation, long weekends, and holidays are among the worst times to be admitted to hospital. According to studies done, medical errors are more likely during these times because there is less hospital staff during these times and less experienced staff (staff with less seniority) are often on staff during these times. Some medical services may also not be available during these higher-risk times. These small changes can have a profound impact on patient results. According to research published in the CHEST, patients admitted on weekends to the ICU (Intensive Care Unit) at hospitals were 6% more likely to die than patients admitted during the week.

In addition to medical errors, patients need to be careful about Florida medical malpractice. Far beyond being just a mistake, Florida medical malpractice occurs when a doctor or health care professional is reckless or negligent in their duties, leading to personal injury or fatalities. Each year, Florida patients are killed or suffer serious Florida personal injuries and complications due to medical malpractice. However, Florida malpractice suits are very hard to prove, because it is often difficult to prove that a case involves negligence rather than simple error. A qualified Florida medical malpractice attorney is needed in these cases.

There are many things that patients can do to help prevent malpractice and medical error. Patients have rights in hospitals, for example, and should speak up to demand those rights. For example, patients should ask medical professionals to carefully explain all treatments, options, and diagnoses. Patients should also ask medical professionals to wash their hands and don new gloves when treating them. Many patients find it useful to bring a friend with them, who can jot down information and answers to questions.

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The Florida Court of Appeals is allowing a driver to sue the Florida city of Boca Raton for negligence, potentially creating a precedent for other drivers injured in a similar manner. The case, Marion v. City of Boca Raton, involves driver Elizabeth Marion, who was driving through the intersection of Glades Road and Renaissance in Boca Raton when she was involved in a traffic accident. The traffic control lights were in “safe mode” because they were malfunctioning and it was these lights, Marion successfully argued, which contributed to her accident.

During the case, it emerged that city workers were called to the intersection twice during the 36 hours before Marion’s Florida car accident. Both times, workers simply reset the lights rather than investigating why there way a problem and rather than finding another solution for the malfunction. As a result, Marion claimed that the city was negligent because they had an obligation to maintain the lights but failed to do so, leading to the accident.

The city has claimed that its duty to drivers does not involve well functioning traffic lights, but rather only requires the city to warn drivers about hazards. The city has claimed that the safe mode accomplishes this. The city also alleges that poor driving, rather than the lights, are what in fact caused the accident. If all drivers noted the safe mode of the lights and proceeded with care, the accident would likely have not happened.

The Florida Court of Appeals decided that the city does have an obligation to drivers to keep traffic devices operating as intended. The court also found that simply having warnings does not negate the city’s obligation to drivers. The ruling may send a strong message to drivers and cities alike: cities have a duty to maintain traffic lights and may be held liable if they fail to do so. It is unknown whether the judgment will impact Florida pedestrian accident cases and other cases involving traffic light malfunctions.

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In many cases, Florida personal injuries, including Florida spinal cord injuries, burn injuries and other permanent injuries, are quite preventable. In many cases, obvious or noticeable hazards exist which can lead to injury. When these dangers are not removed, an injury often takes place. The good news is that there are many things you can do to help prevent serious injuries:

1) Get aware and find out the causes. At home, at work, and at play, note any dangerous conditions or hazards which can cause injuries. Poor lighting or inadequate signage in the workplace, for example, can lead to injuries and Florida workers compensation claims. When you see a danger, find out why that danger exists and who is responsible so that you can make changes. For example, at work do you bring your concerns before your employer or your manager for the best results?

2) Speak up. When you see a danger, speak up and ask for specific changes. If your apartment does not have functioning smoke detectors or fire extinguishers, you are more at risk. Ask your landlord to provide these items by a specific date and follow up to ensure that the alarms and extinguishers are there when and if you need them.

3) Raise awareness. If you notice something that concerns you on a large scale – such as laws which you think may lead to more Florida trucking accidents – make sure that others are aware of your opinions. There are many ways to raise awareness and stop accidents. Write a letter to the editor of your local newspaper, start a blog, and join an advocacy group (or start one!).

4) Talk to your elected representatives. The people who represent you in politics are paid by your tax money and have taken a vow to represent your voice. If you notice serious problems – such as dangerous intersections or faulty street lights – write to your local representatives at the local level to ask for changes. If this is not effective, write to state representatives.

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‘Tis the season – not only for good cheer, but also for injuries. Many Florida slip and fall accidents and personal injuries occur at this time of year. There are most of us heading out and visiting and a few more dangers as well – increased traffic, more wet leaves on the ground, and other risks. A slip and fall accident on your property is not only devastating, but it can lead to a Florida premises liability claim against you – probably not the way you envision spending the holidays. Luckily, there are many things homeowners can do to ensure that their homes are safe for guests:

1) Take care of lighting. Proper lighting can help prevent many crimes and also many Florida slip and fall accidents. Ensure that your property is well-lit and add more spot lighting if necessary. You can buy temporary lights that don’t require wiring at your hardware store. If your outdoor lights are on a timer, make sure to adjust them for the shorter days. As well, consider adding reflective materials to steps and other dangers to make them even more visible.

2) Rake wet leaves. Wet leaves lead to many Florida slip and fall injuries, so always rake them promptly. Wet leaves are especially dangerous on asphalt and hard surface walkways.

3) Don’t let grass grow long. Long grass can conceal obstacles and can cause visitors to trip. If your schedule is so hectic that you are having trouble keeping up, consider hiring someone to mow for you. Make sure that clippings are removed from the grass, as these can be slippery as well.

4) Remove obstacles from walking areas. Any obstacles – toys, loose stones, overhanging branches, can be a danger. Take a walk around your property regularly and remove such obstacles promptly.

5) Improve treads. Consider adding stick-on treads to stairs and to any walkways that seem slippery in the winter.

6) Take care of leaks and pools. Dirty gutters often cause big pools of water, and water causes many slip and falls accidents. Cleaning your gutters is a priority. Beyond that, look for any pools of water and clean them up promptly.

7) Take a look at your pool. Florida pool accidents and near-drownings are every homeowner’s nightmare, so if you have a pool, make double sure that it is closed up correctly for the winter and properly secured against intruders.

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At this time of year, it’s time to consider Florida slip and fall accidents again. Although Florida does not have the snow and ice which cause many slip and fall accidents and injuries across the country, there are still many reasons why this season tends to see a higher rate of such accidents. Wetter weather can create ripe conditions for falls, for example. As well, many Florida residents are out and about at this time of year, visiting friends and shopping for the holidays. More pedestrian traffic means more risks of Florida pedestrian accidents but also more risks for slip and fall injuries.

Thankfully, in many cases, Florida slip and fall injuries result merely in embarrassment. However, many such accidents result in Florida brain injuries, broken bones, and other serious injuries. Unfortunately, seniors are most at risk for slip and fall injuries and they are also most at risk for serious injuries resulting from these accidents. Due to medications and decreased motor functions, some elderly Florida residents may be more prone to falls. At the same time, osteoporosis and other age-related illnesses make injuries from falls more serious.

There are many things you can do to help prevent Florida slip and fall injuries this season:

1) Pay close attention to elderly relatives. Check up on elderly relatives. If they need eyeglasses or are taking new medication, have them speak with a doctor to help prevent injury and falls. Make sure your elderly loved ones have sturdy shoes for the winter and walkers or canes for stability if they need them. If you have elderly family members visiting you this season, check your home to ensure that your home is free of slip and fall injury risks. As well, when your elderly loved ones arrive, consider helping them into your home to help them navigate walkways and driveways successfully.

2) Take a close look at your property. Is it well-lit? Do you have a leaky gutter or pipe that’s causing pools of water to form on your walkways? Do you have uneven paving stones or asphalt on your yard? Now is the time to fix these problems – before an injury happens. If you cannot easily fix a problem, at least create added signage to alert visitors. For example, if your walkway is uneven and you cannot repave before the holidays, add reflective tape or caution signs to keep everyone safe.

3) Take a close look at your place of work. Slip and fall accidents can just as easily occur at work and result in many Florida workers compensation claims each year – not to mention serious injuries. Take a look around your workplace for any hazards and report them to your employer or manager so that they can be fixed.

4) Reduce the risk of indoor slip and fall accidents. It’s not just wet leaves and water outside that can cause accidents. Indoor obstacles can also result in slip and fall accidents. In fact, many Florida slip and fall accidents take place inside the home. You can help prevent such accidents by keeping your floors clear of obstacles and well-treaded. Add stick-on treads to slippery floor areas and ensure that carpets and rugs are well-secured. Add grab bars in the bathroom, as well – the bathroom is one of the most common sites of injuries.

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According to the Coalition Against Insurance Fraud and other groups, a poor economy has resulted in an increase in insurance fraud. In some cases, people are burning their own possessions – such as their own cars – for a payout or in order to stop having to pay insurance. In other cases, people are causing small fender benders or accidents in order to try to bilk other people’s insurance companies.

Many people try to bilk insurance companies because they tend to see it as a victimless crime, according to experts. Many insurance customers see insurance companies as huge companies not hurt by a few claims. However, this is not the case. Personal injury fraud and insurance fraud result in higher premiums for everyone. What can be even worse is that some people victimize other insurance customers. For example, if someone causes a small Florida car accident and falsely claims they have sustained whiplash or another injury, they are in effect victimizing the driver of the other car. That driver may face higher premiums as a result of the accident.

Similarly, if a fraudster claims that they have sustained an injury in a Florida slip and fall accident, the owner of the property where the accident allegedly occurred may face problems and increased insurance costs due to the scam. Of course, some fraudsters do not stop at insurance claims and in fact try to take their victims to court, suing for damages.

According to experts, false personal injury claims have increased 57% across the country in the past year. According to the National Insurance Crime Bureau and other groups, high unemployment and financial stress may be fueling these increases. According to experts, Florida leads the nation in staged accident fraud. In some of these fraud cases, people are actually recruited by larger scam groups to pretend they have an injury. These fraud operations are very sophisticated, and medication practitioners are often in on the scam. The recruited “victims” go to these health care practitioners for unneeded care and the practitioners can then bill insurance companies. Florida is a target for these schemes, say experts, because Florida has a law requiring car insurance companies to pay at least $10 000 in medical bills in Florida car accidents, regardless of fault.

Worst of all, fraudulent insurance claims harm people who have genuinely sustained injuries. If you have been in a Florida pedestrian accident or have sustained an accident in some other way and make a claim with an insurance provider, you may find your provider treating your claim with more suspicion due to the fraudulent claims that insurance companies cope with each day. If this happens to you, you may need a qualified Florida personal injury attorney to negotiate with insurance providers on your behalf.

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At least one report suggests that serious slip and fall accidents are rising among seniors. The report, out of St. Michael's Hospital in Toronto, suggests that serious slip and fall accidents account for 71% of all hospitalizations among the elderly. Over the past few years, researchers say, there has been a 16% increase in the number of severe personal injuries stemming from slip and fall accidents among seniors. At the Toronto hospital, between 30% and 40% of trauma patients are seniors.

Although the report is based out of Canada, it could have significant findings for Florida slip and fall rates, too. According to researchers in Toronto, the reason for the increase in serious slip and fall accidents comes down to two factors: an elderly population that is remaining active and a population that is aging. Both risk factors are present in Florida. Florida has a graying population (especially in the winter, when many Snowbirds arrive in the state) and many seniors in Florida avail themselves of the opportunities Florida offers to remain active for health reasons. According to researchers, this may be a recipe for more Florida slip and fall accidents.

Seniors today are able to enjoy longer and healthier lives, thanks to advances in medical technology, say researchers. New treatment for lung disease, heart disease, and other conditions mean that the elderly can stay more active. An increased awareness of an active lifestyle is also propelling many seniors to stay physically more active. While this can be positive, it can also increase the risk of slip and fall injuries.

For the elderly, Florida slip and fall accidents are all too often more than just hurtful to pride. Many Florida spinal cord injuries and brain injuries as well as broken bones among the elderly occur due to a slip and fall accidents. Loss of coordination, osteoporosis, and other age-related conditions can make the elderly more susceptible to serious injuries as a result of falls. According to researchers, certain medications that seniors take can also exacerbate the injuries possible in a slip and fall accident. For example, blood thinners and other medications can increase the risk of bleeding around the brain after a slip and fall accident.

Researchers point out that many things can be done to reduce accidents for seniors – and the tips are applicable to helping prevent Florida slip and fall accidents as well. Researchers note that reducing clutter in the home, improving lighting in the home, and more awareness of medication side effects are good ways to help prevent many accidents. As well, regular medical care can help target conditions – such as poor eyesight – which can contribute to falls in an aging population.

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Florida leads the nation in fatal bicycle accidents. Florida bicycle accidents happen all too often and often lead to life-threatening and fatal injuries, such as spinal cord injuries and brain injuries. Florida bicycle accidents devastate families and also cost communities a great deal in recovery costs and in stresses placed on health care and emergency response systems. Preventing Florida pedestrian and bicycle accidents makes the roads safer for everyone and benefits everyone.

Communities that are bicycle-friendly reap many benefits. When residents feel comfortable taking their bicycles on errands or on a commute, residents reap all the benefits of exercise. When communities are bicycle-friendly they also tend to be more pleasant places to spend time in. There are many ways that Florida communities can help prevent Florida bicycle accidents:

1) More green spaces for walking and bicycling. Green spaces mean fewer accidents because pedestrians and bicyclists are kept away from cars. At the same time, green spaces also promote community and outdoor activity and have a beneficial effect on the environment. Communities that create networks of trails and paths allow pedestrians and bicyclists to get to their destinations safely.

2) Create more bicycle lanes and paths. Again, keeping motorists and bicyclists apart ensures fewer Florida car accidents involving bicycles, simply because there are fewer opportunities for the two types of transportation to meet. As well, when bicycles are kept on a separate path or lane, motorists know exactly where bicyclists are, ensuring fewer “surprises.”

3) Public education. Alerting drivers and bicyclists alike to the dangers of reckless behavior is a good place to start. Motorists and bicyclists need to understand how to respect bicycle lanes and need to know how reckless behaviors often lead to Florida accidents.

4) Law enforcement. Unfortunately, education alone is often enough. Some motorists and bicyclists simply engage in risky or reckless behaviors that eventually lead to Florida car accidents and bicycle accidents. Strict enforcement of laws help ensure that such motorists and bicyclists are compelled to immediately bear the cost of their behavior.

5) Helmets and lights. According to Bicyclesafe.com, about 60% of Florida bike accidents are caused by bicyclists who choose to ride at night without adequate lights. According to the Insurance Institute for Highway Safety, brain injuries resulting from bicycle accidents could be reduced by 85% if bicyclists wore proper bicycle helmets each time they rode.

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Now that fall fair season is here, many Florida residents are taking advantage of the beautiful fall Florida weather to visit amusement parks and rides. While most of these rides are safe and provide a harmless amusement, each year, some people are injured on these rides. Florida injuries to minors and children are especially common with amusement park rides, since children and teens are most likely to be attracted by this type of entertainment.

The Florida Agriculture and Consumer Services Commissioner has issued a warning to everyone hoping to take advantage of fall rides. According to studies, most people who are injured on amusement park and fair rides are injured because they fail to follow the rules posted beside each ride. According to the Florida Agriculture and Consumer Services Commissioner, many Florida personal injuries can be avoided this fall if fair patrons take the time to read and follow the posted rules at all fair rides.

Of course, in some cases, rules are not made clear or rides are not maintained, leading to accidents. The Bureau of Fair Ride Inspections is the body that inspects rides at carnivals, fairs, and entertainment faculties. Under Florida guidelines, all fairs operating rides need a permit – which must be renewed yearly – and all rides need to be inspected before being open to the public. Each time a ride is set up, it must pass inspection before children and patrons are allowed on. At amusement parks and other places where rides are set up permanently, the rides need to be inspected twice each year and must be granted a permit twice a year.

Florida has 211 permanent entertainment facilities and amusement parks with permanent rides. There are also more than 167 companies offering traveling entertainments with temporary rides in the state. The Bureau of Fair Ride Inspections inspected over 9,500 rides in 2009. However, accidents can and do occur.

According to research, about 93% of amusement park and fair ride accidents are caused by patron mistakes or errors. About 8% had an undetermined cause or were caused by mechanical problems. When The Bureau of Fair Ride Inspections makes its inspections, about 44% of rides fail an initial inspection. However, The Bureau of Fair Ride Inspections has also reported that the number of failed inspections has been dropping since 1997, since operators are doing more to provide safe rides for patrons.

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