Florida Injury Lawyer Blog

According to a new study out of Brown University, aerosols are a leading cause of eye injuries for children and minors. In fact, the study found that half of children's emergency room visits between 1997 and 2009 were related to this type of injury. Researchers concluded that more can be done to help prevent this type of eye injury from affecting children.

Researchers found that young children (up to age 4) were most likely to be admitted to the hospital for eye injuries caused by aerosol cans, but all age groups – up to 18 years of age – were represented in the 10,765 patients admitted to emergency rooms for this type of injury. Authors of the study agree that the total number of incidents of pediatric eye injuries can be much higher, as the study only considered those cases serious enough to merit an emergency room visit.

In over 70% of cases, children sustained the injury at home, usually by spraying themselves accidentally. In a smaller portion of cases, children sustained injury when cans burst or hit the patient in the eye. Male children were more likely to sustain this type of injury, accounting for 63% of all emergency room visits for pediatric eye injuries caused by aerosol sprays.

For Florida parents and for all parents, researchers agree that this is a serious concern as most of these injuries are highly preventable and also cause serious eye damage and trauma for the child. Many of the emergency room visits included treatment for chemical burns, bruising of the eye, trauma to the eye, and serious irritation to the affected area. The study found that in most cases, the most common aerosols involved was spray paint, followed by personal care products, cleaning products, and bug repellant. So far, the researchers know of no Florida product liability cases or national product liability cases launched as a result of these injuries.

According to the study's authors, there are several things that parents can do to help prevent this type of childhood injury:

Continue reading "A Common Cause of Injury to Children and Minors: Aerosols? " »

According to a new study out of Brown University, aerosols are a leading cause of eye injuries for children and minors. In fact, the study found that half of children's emergency room visits between 1997 and 2009 were related to this type of injury. Researchers concluded that more can be done to help prevent this type of eye injury from affecting children.

Researchers found that young children (up to age 4) were most likely to be admitted to the hospital for eye injuries caused by aerosol cans, but all age groups – up to 18 years of age – were represented in the 10,765 patients admitted to emergency rooms for this type of injury. Authors of the study agree that the total number of incidents of pediatric eye injuries can be much higher, as the study only considered those cases serious enough to merit an emergency room visit.

In over 70% of cases, children sustained the injury at home, usually by spraying themselves accidentally. In a smaller portion of cases, children sustained injury when cans burst or hit the patient in the eye. Male children were more likely to sustain this type of injury, accounting for 63% of all emergency room visits for pediatric eye injuries caused by aerosol sprays.

For Florida parents and for all parents, researchers agree that this is a serious concern as most of these injuries are highly preventable and also cause serious eye damage and trauma for the child. Many of the emergency room visits included treatment for chemical burns, bruising of the eye, trauma to the eye, and serious irritation to the affected area. The study found that in most cases, the most common aerosols involved was spray paint, followed by personal care products, cleaning products, and bug repellant. So far, the researchers know of no Florida product liability cases or national product liability cases launched as a result of these injuries.

According to the study's authors, there are several things that parents can do to help prevent this type of childhood injury:

Continue reading "A Common Cause of Injury to Children and Minors: Aerosols? " »

Just about everyone can make a mistake on the job, but when doctors make an error, it can lead to serious complications and even death. Each year, millions of Americans are affected by misdiagnosis and medical errors, and some of these errors cost lives. For families forever affected by a medical misstep, navigating the Florida legal system can be challenging.

Florida law does make provisions for patients who are affected by medical malpractice. This means that if a doctor or medical care professional has made a mistake caused by recklessness or negligence, the injured party has recourse to pursue a legal case against that professional. However, there must be proof that the misdiagnosis or error was caused by recklessness or negligence.

This can pose a challenge for a grieving family. In many cases, it is difficult to get proof of negligence or recklessness in cases of Florida misdiagnosis or medical error. Medical clinics and hospitals, worried about litigation, may not be willing to share records. Doctors may be unwilling to speak out about a colleague and many doctors are protected by medical staff, insurance carriers, and professional bodies who work very hard to keep doctors free from blame.

As well, the laws surrounding medical malpractice can be very confusing. For example, in April 2011, the Florida house approved a new bill which would make it harder to hold hospitals liable and would place the burden of evidence on plaintiffs in Florida medical malpractice cases. The bill would also place stronger punishments on doctors who give misleading or untrue testimony in court. Changes such as these to medical malpractice laws can also be confusing to those affected by medical errors.

It is for these reasons that it is important for families to consult a qualified Florida personal injury attorney if they feel they have a medical malpractice case. A good attorney can thoroughly investigate the claim, find doctors who are willing to act as expert witnesses, and can guide the family through the legal process. If you feel that you may have a Florida medical malpractice suit, it is important to speak with a qualified attorney. He or she can help you seek the support you need so that you can focus on recovering from the complication.

Continue reading "Understanding Proof in Florida Medical Malpractice Cases" »

There are no national statistics that give an accurate picture of the extent of elder abuse and nursing home abuse. However, according to a report published by the US government in March, incidents of such abuse have been steadily increasing. According to that report, the number of cases of Florida elder abuse increased 18% between 2008 and 2010. This is a cause for concern for the many millions of American families who need to place an elderly parent in care because the elderly loved one requires extensive care. According to experts, nursing home residents are especially at risk, because many patients in these facilities have dementia, a condition which can make them vulnerable. As well, nursing home staff can be overworked and underpaid, which can also help set the stage for abuse to take place. According to experts, the first step in preventing this type of abuse is to select a facility carefully. Families can do this by:

1) Researching carefully. It is best to consider a variety of facilities in your area. Take a look at online reviews and speak with friends, family, and your local doctor to see whether you can get recommendations for some facilities. Another good option is to speak with a long-term care ombudsman in your area; this professional will often be able to give you good information about options in your area. Find out as much as you can about each facility. Look for options that include a smaller staff to patient ratio and at least 3.5 hours of nursing care per day per resident.

2) Budgeting. Long-term care for elderly patients can be quite expensive and facility costs do not always cover doctor care, medication, and other necessities. Get a break-down of costs and do the math to determine what you can afford. Call your health care insurance provider to determine what is and is not covered.

3) Taking visits seriously. Once you have narrowed down your search to nursing homes and care facilities that seem promising and are affordable, you will need to schedule some visits. Experts suggest making several visits to each place that seems promising. Going at different times of the day can paint a very different picture. It is especially important to visit in the evening, since this is when staff will be most sparse. In the evenings, is there still adequate staff for good care? Can you speak with some residents to ask them about their experience? How do staff interact with residents and patients? How pleasant is the environment? What is the food like? Look for a facility with very experienced directors of nursing, facility administrators, and medical directors. These three people are directly responsible for care.

4) Ask lots of questions. Nursing homes are subject to federal inspections -- ask any nursing home you are considering for a copy of this report, which will outline any accusations or reports of Florida elder abuse at the facility. Also, one government report suggests that up to 92% of nursing homes have at least one staff member with a criminal background. Ask all facilities whether they do background checks and whether they have anyone on staff who has been convicted of a crime. Ask about staff turnover rates and rates of pay – low turnover rates and higher pay can mean that staff are happier and that abuse is less likely to happen. As well, ask to see the written policies about elder abuse – a strong policy and a willingness to discuss the topic can be reassuring.

Continue reading "Preventing Florida Nursing Home Abuse Starts With Choosing The Right Facility" »

Premises liability lawsuits occur when someone is injured on a property and sues the property owner for damages. These types of lawsuits can be very stressful for property owners and can increase homeowner insurance rates or business insurance rates. It is in everyone's best interests to reduce the incidences of these lawsuits -- and the tragic incidents which cause them. Here's what property owners can do:

1) Think personal safety – not just property safety. Most property owners and business owners know that clearing puddles that can cause slip and fall accidents is important, but not all premises liability issues in Florida are caused by property hazards. A property owner can be sued if a crime occurs on the premises and it is determined that the owner failed to take due care to prevent such crimes. Therefore, rather than considering what hazards exist on your premises, it can be useful to consider how someone's safety might be compromised on the property. If employees have underground parking, is that parking well-lit, with adequate security? Who visits your property and what can you do to make these visitors safer?

2) Stay alert. It is important to read up about local crimes that may eventually make it to your premises. If there is a rash of crimes in your area, alert people who visit your property or put up warning signs. Walk around your property regularly so that you can notice – and act on – and problems.

3) Do not put off hazard management. Businesses, especially, can benefit from a written management plan. Have a written plan for preventing Florida slip and fall accidents on your property, for example, or have a comprehensive plan that includes a written plan for inspecting the property, receiving complaints about potential hazards, and acting on possible issues.

4) Work with the right tools. A security company to monitor the property or low-cost cameras do not have to be a huge investment, but can help you keep everyone on your premises safer. Today's tools are more affordable than ever and allow you to view your premises from any computer through cameras.

5) Ask for input. You may not notice possible issues that are obvious to others. If you have employees, ask them for their input – and act on it. Have a suggestion box. Hire a security company to do an audit on your business to determine any premises liability issues which could spell danger for your customers and for you.

Continue reading "How to Avoid Florida Premises Liability Lawsuits" »

A number of recent news stories have centered around the challenges of brain injuries – and the potential for recover. For example, Arizona Congresswoman Gabrielle Giffords suffered severe brain injuries after being hit in the head with a bullet during a violent attack. She has slowly recovered and is now able to talk. As well, former NFL player Dave Duerson recently passed away, donating his brain tissue to research so that scientists could examine the effects of multiple head injuries which most NFL players sustain during their years on the field. The NHL has also faced increasing pressure over policies regarding head shots, which can contribute to serious brain injuries on the ice.

These news events highlight the fact that TBI (traumatic brain injury) is a wide-spread problem and doctors hope that the headlines will make everyday US residents more aware of this common type of injury. According to experts, brain injuries can happen to just about every age group. Florida slip and fall accidents, for example, cause many brain injuries among the elderly, while Florida car accidents put many adults in the hospital with serious head trauma. Soldiers in active duty, athletes on the field, and even pedestrians hit by a car walking across the street – virtually anyone can sustain a serious injury. Millions of Americans have sustained a brain injury. In Florida alone, 100 000 residents suffer from a TBI annually.

A recent campaign by The Brain Injury Association of Florida hopes to raise awareness through a special website (byyourside.org) and through the development of the Traumatic Brain Injury Resource & Support Center, the first such resource in the state. The Brain Injury Association of Florida is also working to convince legislators to create more funding for Florida brain injury patients and more resources for patients and their families.

According to The Brain Injury Association of Florida and other experts, brain injuries have a devastating impact on victims and their families. These types of injuries cost the country billions of dollars each year but they also devastate lives. Patients with serious brain injuries often cannot work and sometimes have problems with mobility or speech. Some brain injury patients need extensive rehabilitation and therapy as well as a lifetime of in-home help to complete basic self-care tasks. Some are never able to return to their normal lives.

Brain injuries can affect relationships and can even lead to depression and other problems. Those who suffer serious brain injuries often feel alone and frustrated by their injuries. Friends and family may not know how to help or what to do. According to The Brain Injury Association of Florida, however, support and more resources can help both patients and families recover more fully.

Continue reading "Florida Brain Injury Awareness May Be Helped by News" »

Some groups of bikers think so. Over the month of April, a number of events have been organized by motorcycle groups, lobbying against red light cameras – and for tougher rules against drivers who cause fatal Florida car accidents. On April 11, for example, more than one hundred motorcycle enthusiasts met at Florida's state capital for a peaceful demonstration to make lawmakers aware of their requests.

Many motorcycle riders, for example, want mandatory jail time for motorists who cause fatal Florida car accidents. According to some bike riders, some motorists are far too casual about safety, causing accidents that kill others. This is especially notable in cases of Florida pedestrian accidents, motorcycle accidents, and bicycle accidents, where the motorist is protected by their vehicle but the pedestrian, motorcyclist or bicyclist often suffers severe injuries or fatalities. Some bikers believe that mandatory sentencing would make motorists take their responsibilities behind the wheel more seriously.

Some motorists also want to see red light cameras eliminated. They believe that such cameras cause speeding motorists to brake suddenly, which can lead to an increase in motorcycle and car accidents in Florida. Some motorcyclists, however, who do support tougher car accident laws do not oppose red light cameras. They claim that red light runners are as dangerous to motorcycle riders – and other cars – as sudden stops caused by people trying to avoid a fine.

State Representative Jimmy Patronis has stated that he also has serious concerns about red light cameras after seeing studies suggesting that they can increase rear-end collisions. On the other hand, other studies do suggest that red light cameras use can reduce other accidents – such as t-bone accidents – caused by motorists running traffic lights. Many legislators are divided about the issue, although many note that red light cameras can help bring in revenues which can be put towards traffic safety.

Whether caused by red light runners or sudden stops at red lights, however, car accidents at traffic lights do more harm to motorcyclists than motorists. Motorcyclists colliding with a car are more likely to suffer severe injuries, such as spinal cord injuries, amputation, severe head injuries, and other severe and potentially life-threatening injuries. This is because motorcyclists are more likely to be thrown from their bikes than motorists are to be ejected from their vehicles. As well, the larger size of the passenger car and the smaller amount of protection available to motorcyclists contributes to fatalities.

Continue reading "Could Florida Motorcycle Accidents Be Caused by Red Light Cameras?" »

In April, legislators are considering The Youth Athletes bill, which would require child athletes to be cleared by a doctor before playing again in cases of head injury where a concussion was suspected. Advocates of the bill note that the legislation would address the common problem of missed symptoms; in many cases, brain injuries are not taken seriously because symptoms are not evident or take time to manifest.

Florida brain injury patients include patients in every age group. Florida car accidents cause many head injuries for adults and children often sustain head injuries in accidents such as sporting accidents or playground accidents. Every time the head is subject to a collision with a hard object or is hit by a hard object, an injury can occur. Wounds which penetrate the skull are easy to see and diagnose, but injuries inside the skull are harder to see. A patient may have no external marks after a hit to the head but may suffer severe and even life-threatening injuries.

The brain is subject to injuries precisely because it is so well defended. The brain – a soft grey mass – is suspended inside the skull. When an object hits the head or when the head crashes against a hard object, the brain inside the skull is shaken violently and may come into contact with the hard surface of the skull. This can cause bruising, swelling, and other injuries to the brain. In some cases, patients are not even aware that damage has been caused and may feel fine. They may resume normal activities and not seek treatment, even though delay of treatment can be fatal.

Actress Natasha Richardson died in 2009 after falling on a ski vacation and suffering brain damage. She felt fine immediately after her fall and did not seek treatment. By the time she felt unwell and it became apparent that something was wrong, medical professionals were no longer able to save her.

The proposed legislation aims to prevent a similar tragedy from taking place in a children's sport or game. By ensuring that all children are examined after a potential brain injury, the legislation could help prevent serious Florida brain injuries from being overlooked. The legislation could also help ensure that children suffering from a brain injury would get prompt attention, which can help ensure a better outcome for the patient.

The proposed legislation comes at a time when many in the sports world are re-examining attitudes about brain injuries. For example, Florida has two professional hockey teams – the Florida Panthers and the Tampa Bay Lightning. The NHL is currently engaged in many debates about how to keep players safe from brain injuries after a number of serious head injuries have taken place in the sport in recent years.

Continue reading "What Can We Do to Help Florida Brain Injury Patients?" »

Being diagnosed with Mesothelioma is a terrible and traumatic event. Mesothelioma is a particularly painful and dangerous form of cancer, one that has a very low survival rate. As well, Mesothelioma is caused specifically by asbestos exposure. When asbestos fibers are broken down, they can become airborne and inhaled. These tiny molecules can then lodge in the system and develop very gradually into Mesothelioma, a type of cancer that aggressively attacks the linings of major organs, such as the lungs. It can be very frustrating for a Mesothelioma patient to realize that they have developed a fatal disease due to exposure to a product.

The especially tragic thing about Mesothelioma cases is that they are preventable. Manufacturers and users of asbestos products knew for some time that these products were dangerous to human health. However, due to the profits of asbestos products and due to the high-resistance of these products and their affordability, they continued to be used. Even today, asbestos products are not banned outright. As a result, many Florida residents have been exposed to this very dangerous substance.

In South Florida, especially, there have been more than 40 sites identified as locations where asbestos exposure has occurred. These sites include schools, power generating stations, chemical companies, and public buildings. In many cases, the cancer only appears decades after exposure, which means that an investigation is often needed to help determine the source of the exposure. As well, these cases often cause class action lawsuits, as multiple persons are exposed to dangerous asbestos – and suffer the health effects – long after they are no longer working around the asbestos fibers.

If you have been diagnosed with Mesothelioma, it is a good idea to speak with a qualified Mesothelioma attorney at once. Even if you are not sure that you want to pursue a legal action, you will want some legal advice before you make any decisions. In many cases, Mesothelioma patients encounter large medical costs during their treatment and are unable to work due to Mesothelioma, losing income. As well, Mesothelioma patients in Florida tend to be young, with many years of work before them. The Mesothelioma diagnosis robs them and their families of income and financial stability.

A good Florida Mesothelioma attorney can ensure that you have the best chance possible of getting the financial support you may be entitled to under the law. As well, a good Mesothelioma attorney can help you find out where you were exposed to asbestos. This can be important for your own peace of mind and can also help others who also may have been exposed to the same asbestos source.

Continue reading "Why You Need a Personal Injury Attorney in a Mesothelioma Case" »