Florida Injury Lawyer Blog

Miami is a large city, so it's no surprise that it sees a large number of slip and fall accidents each year. This is especially tragic given the large number of elderly people in Miami. A Miami slip and fall accident can be potentially fatal for an elderly person. It can lead to serious Miami spinal cord injuries, head injuries, and hip fractures. Even for young person, a slip and fall injury can result in broken bones and other serious injuries. Luckily, there are many ways to avoid this type of injury:

1) Vision correction. If you are an elderly loved one need glasses or lenses, it is important to wear them at all times and to get yearly checkups of your eyes. Some vision problems, such as Age-Related Macular Degeneration (AMD), can affect a person's ability to see correctly and can easily lead to trip and fall and slip and fall accidents. In some cases, however, the symptoms of AMD and other vision problems are not immediately apparent, which is why regular check-ups are so important.

2) Good footwear. Miami is a very fashionable place and many people go out of their way to buy trendy shoes, but it's important to consider safety first. High heels, poor ankle support, and flimsy straps can make it easy for anyone to roll an ankle or fall flat. When selecting shoes, look for sturdy shoes that offer plenty of support and have strong soles with good treads. If you must wear high heels for work, make sure that they are a lower heel and attach no-slip stickers to the bottom of your shoes to offer some traction.

4) Medication control. Some medications can lead to side effects, such as dizziness, vision problems, and other serious side effects which can make it difficult to walk safely. Before taking any medications – including over-the-counter medications -- speak to your pharmacist or doctor about any possible side effects and issues. Will the new medication interact with other medications you are taking? Are there any side effects you should be aware of? If you are taking a medication that does have serious side effects, speak with your doctor about ways to minimize those side effects for your own safety.

5) Good clothing choices. Skirts and pants that drag on the ground can pose a tripping hazard. It is important to wear correctly fitted clothing in order to avoid tripping and falling. Fashion isn't worth a serious Miami head injury or broken bone.

6) Support devices when needed. The elderly may eventually need walkers, canes, or other medical devices to help provide stability when walking. These devices can make the elderly more independent while reducing the risk of falls.

Continue reading "Avoiding a Miami Slip and Fall Accident " »

When someone sustains a serious personal injury – such as in a Miami car accident or other incident – often the last thing on their mind is cost. In the initial worry, the main concern is -- and should be -- getting medical help. However, Miami personal injuries can be very expensive, in part because the city itself can be expensive. It is important to consider cost shortly after your injury – and before you determine whether to accept an insurance claim or whether to seek legal recourse. There are many costs related to your Miami slip and fall accident, motorcycle accident, or other injury at you may not have considered:

1) Medical costs. While you may be worried about initial medical costs, which can be substantial, you also need to consider long-term care and costs. If you have sustained a serious injury, these costs can be very substantial. For example, a Miami spinal cord injury patient can expect to spend $100,000 or more in the initial year of treatment alone. If you have sustained a permanent injury, you may require a lifetime of medical care, medication, rehabilitation, and other costs.

2) Secondary medical costs. In addition to hospital bills and doctors’ bills, there are many secondary costs that can be associated with your injury. For example, you may need to pay for special medical devices that can make your home and car accessible to you if you have sustained a severe injury. You may need to install grab bars in your bathroom and a special ramp in your home, for example. In addition, you may require medical procedures which are not covered by insurance at all. For example, many Miami burn injury patients require cosmetic surgery in order to allow them to resume a normal life. You may need rehabilitation expenses or you may have counseling expenses as well.

3) Property damage. If you have been in a Miami truck accident or other serious accident, you may need to replace your car, any possessions you had in your car, and any other property that was damaged in the crash. This alone can cost you tens of thousands of dollars.

4) Lost income. If you are injured and cannot work, you will need to replace the income that you would have earned had you not been injured. If it takes you months or years to recover, this can easily add up to tens of thousands of dollars or even hundreds of thousands of dollars. If you are permanently injured, your lost income could tally up to more than a million dollars.

5) Transportation costs. You may need to replace your car, or you may be too injured to drive and they need to pay for a cab driver to take you to appointments with your attorney, doctor, and specialists. These transportation costs can easily add up.

6) Regular costs. In addition to the costs of your personal injury, you will generally have your usual expenses, such as groceries, car payments, mortgage payments, housing costs, and miscellaneous living costs. Since Miami can be an expensive city, these costs can be substantial. If you are unable to work, especially, paying for these costs can be problematic.

Continue reading "How Much Does a Miami Personal Injury Cost?" »

Halloween is a unique holiday in that it usually involves multiple visitors to your home. Whether you're hosting a Halloween party or event, or are simply having trick-or-treaters arriving at your door, Halloween means plenty more visitors to your Miami home, and that can put you at increased risk for a Miami premises liability lawsuit. If any trick-or-treaters or visitors to your home fall or injure themselves, you could be held liable. Businesses, especially, need to take steps to ensure that they are not subject to Miami premises liability claims. There are many ways that you can keep your business premises or home safer this Halloween season:

1) Don't sacrifice safety for creepiness. At this time of year, many stores are filled with fun and novel decorations for your home and business. While many of these decorations are fun and safe, some are not. Any decoration that affects the lighting of your property or could possibly create a trip and fall hazard needs to be avoided. Before buying any decorations, consider carefully whether they are safe.

2) Avoid fire hazards and Miami burn injury hazards. Open bonfires, creepy candles on your mantelpiece, and candles inside of jack-o'-lanterns all pose a fire hazard and a burn hazard, especially for young children. Rather than using candles, use electric candles that do not have an open flame. Avoid bonfires entirely. In addition, carefully consider before using dry ice at your party. Many people use dry ice in order to create a creepy fog effect for their Halloween punch or home decoration. Unfortunately, if any of your guests touch the dry ice directly, they are subject to severe burn injury. Use a small fog machine instead, to create mist and fog if you need it.

3) Make sure that there are no trip and fall hazards on your property. Unfortunately, many Halloween decorations can also lead to Miami trip and fall and slip and fall accidents. Overgrown grasses, fake tombstones in the yard, and even a row of pumpkins along your walkway can pose a trip and fall hazard for trick-or-treaters and other visitors. Make sure that your property remains well lit during Halloween, and remove any obstacles that could allow someone to trip. Make sure that you mow your grass shortly before Halloween, to ensure that it also does not hide any trip and fall hazard.

4) Avoid any motion-activated creepy displays. These can startle someone excessively and cause an accident. If you do really want to have a haunted-house like effect at your home, you must post plenty of signs about the potential risks (including the risk of sudden noise and movement). Consider keeping the creepier effects indoors, where you and your family can enjoy them without posing a risk to visitors and trick or treaters.

Continue reading "Preventing Miami Premises Liability Issues This Halloween" »

Each year, many Miami personal injury accidents occur due to unsafe Halloween costumes. While Halloween costumes are intended to be fun and a great way to celebrate the holiday, they can also be dangerous. Here are the things that parents should look out for:

1) Is the costume flammable? Costumes should be made of materials which are not easily flammable. Unfortunately, during Halloween, children may be more prone to come into contact with open flame, especially if they approach a jack-o'-lantern using an old-fashioned candle or if they take part in a bonfire night outside. Look at tags to determine the level of flammable materials in the costume. If you are making your own Halloween costume, consider the flammability of the materials that you are using.

2) Is the costume highly visible? Unfortunately, Miami car accidents happen every Halloween, and many of these accidents involve young children running across the street during Halloween night. Children should always be supervised when trick-or-treating. However, they should also be highly visible. Darker costume should have reflective tape on them that makes them easily visible to motorists. Children should also carry flashlights. Where possible, select lighter colored clothing and costumes for young children.

3) Does the costume have parts that hang down or drag on the ground? Loose clothing and drawstrings can pose a choking hazard for small children. Long dragging costumes can also create Miami trip and fall accidents. Even long droopy sleeves can be a hazard if they come into contact with the flame inside a jack-o'-lantern. Look for clothes that fit correctly and do not involve any parts that drag or droop down too much. Fitted costumes are a better choice.

4) Does the costume allow your child to see clearly? Masks are a special concern, since they can block visibility for children and can make it harder for them to cross the street safely. Masks that impair vision can also cause Miami trip and fall accidents. Where possible, use face paint and makeup rather than masks. If masks are essential for a costume, use scissors to cut out a larger eye holes so that your children can see correctly.

5) Does the costume include colored lenses? Many older children love costumes that involve novelty contact lenses. Unfortunately, in many cases these contacts are purchased online, and may be shipped from overseas retailers who are not bound by the safety considerations of domestic laws. If your child insists on having novelty contact lenses, visit an optician or eye doctor rather than buying them online. This can help prevent eye injury and a serious Miami products liability lawsuit down the line.

Continue reading "How Safe is Your Child’s Halloween Costume?" »

If you live in Hollywood, Florida, you may already be planning for Halloween. You may be buying Halloween candy, decorating your home for Halloween, and planning Halloween costumes for you and your family. In addition to all these preparations, however, it's important to plan for Halloween safety as well. Each year in South Florida and Hollywood, personal injuries happen during holiday weekends, including Halloween weekend. There are many ways that you can prepare to avoid these types of accidents from happening to you and your family:

1) Make sure that your pool is secured to avoid Hollywood pool injuries. When trick-or-treaters are out and about on Halloween, they may be attracted to a shimmering pool in the evening. Whether you're having a party at your home or are simply handing out treats, you want to make sure that your pool is covered with a durable pool cover, and that your pool is locked with a self-locking gate. However, keep in mind that even small amounts of water can be a hazard. If you are playing traditional games, such as bobbing for apples, keep the game area supervised and pour out the water as soon as the game is done.

2) Make sure that your home will be well lit for Halloween. While a dark property may set the mood for Halloween, it can also lead to Hollywood trip and fall accidents and slip and fall accidents. Make sure that walkways are clear and well lit for trick-or-treaters as well as your guests. You may want to plan on having additional lighting for Halloween night.

3) Plan only on handing out pre-wrapped, commercial candies. Most children and parents will not accept homemade goods or goods that have not been securely wrapped.

4) Have a Halloween safety plan for your children. If your children are young and heading out trick-or-treating, set up some ground rules. For example, insist that your children are accompanied by an adult or an older sibling. Make sure that they wear costumes which allow them to see well and which pose no tripping hazard. Ensure that your children are highly visible with flashlights and reflective costumes.

5) Take a second look at your Halloween decorations. Avoid using candles – including inside pumpkins – and make sure that any decorative lights you have are in good condition and pose no fire hazards. Ensure that no Halloween decorations drag or hang in a way that they pose a trip and fall hazard.

The legal team at the Flaxman Law Group wish you and your family a safe and happy Halloween. It's important to plan ahead to ensure that your Halloween is spooky, and not filled with real tragedy. A little bit of prevention can help ensure that your home and your Halloween are safe.

Continue reading "It’s Not Too Early to Plan for Halloween Safety in Hollywood, FL" »

According to the Institute for Healthcare Improvement, an estimated 40 000 patients every day across the US are experiencing medical harm. In many cases, this medical harm comes from medical mistakes and preventable errors. According to one North Carolina study, there are 25.1 patient injuries in the US per 100 hospital admissions. According to a Health Grades study, nearly 200 000 Americans die each year due to preventable medical errors. This figure does not include drug interactions and side effects, which account for another 100 000 deaths annually, according to the organization.

Miami medical mistakes are common, simply due to the large number of people in the city. However, medical mistakes and misdiagnoses are also common throughout Miami-Dade county, Broward county, and across Southern Florida. There are many reasons for this:

1) Inadequate hand washing and hygiene. Hospitals and all health care settings are a perfect breeding ground for bacteria and infections. In fact, many superbugs and other serious infections develop or spread in hospital settings. While all medical professionals are taught about the importance of hand washing and hygiene, the actual practice of standards varies widely.
2) Incorrect medication or dosages. Medication in the wrong doses can lead to permanent injury or fatalities. Prescribing the wrong medication or pharmaceutical errors are also a leading cause of adverse effects in clinics and at hospitals.
3) Catheters. Catheters increase the risk of bladder and kidney infection. They should be used only if needed and should be removed as soon as they are no longer needed.
4) Lack of patient observation or monitoring. Miami slip and fall accidents occur to patients regularly, and can be especially dangerous for elderly patients. As well, bed sores and other symptoms of inadequate care are often reported by frustrated patients. If patients need to be in bed in the hospital for an extended period of time, they should be placed on an air flow mattress and their position should be shifted regularly. Bed sores can become large wounds and can even become infected, so it is important to ensure that they do not form.
5) Infections. Infections can easily occur after many medical procedures and surgeries. Proper monitoring, correct use of antibiotics, and frequent replacement of dressings can help reduce the risk.
6) Blood clots. Blood clots are a potentially serious complication which can occur after surgery or after a prolonged time of bed rest. Blood clots can be prevented by walking (where possible), pneumatic boots, and blood thinners. If a blood clot does develop, it can be fatal if it travels to the heart, brain, or lungs.
7) Cost considerations. In cases where doctors are overworked and facilities are understaffed, there is less time and fewer resources available for each patient. This can easily lead to mistakes as medical professionals rush to complete tasks that require a larger team of professionals.

There are many things you can do to help prevent Miami misdiagnosis and medical errors. Bring a trusted friend to medical appointments, for example, to act as an advocate. Ask plenty of questions and take an active role in your treatment. Write down instructions, the medications you have been given, and other details shared with you by medical staff.

Continue reading "Where Risks of Miami Medical Mistakes Come From" »

Every year, Broward and south Palm Beach County see between two and more than twelve airplane accidents. Many of these accidents occur at small airports, including Fort Lauderdale Executive Airport, Pompano Beach Air Park, North Perry Airport, and Boca Raton Airport. Fort Lauderdale airplane accidents and plane accidents in other cities are usually most dangerous to passengers and pilots, who are likely to sustain serious and even fatal injuries. Many pilots and passengers who survive these types of accidents become Fort Lauderdale brain injury patients or spinal cord injury patients at area hospitals.

However, residents in areas near the airports also worry about their personal safety. In many cases, airplanes fly right over residential areas and in many cases smaller airports are separated from residential areas only by some wire fencing. In case of engine failure and other problems, residents in areas near the small airports worry about airplanes crashing into their homes.

In Florida, pilots are required to adhere to certain rules which are designed to keep them, their passengers, and bystanders safe. Pilots in Florida, for example, are required to keep themselves and their aircraft flight-worthy. Pilots are subject to random inspections. If pilots are found to not adhere to the rules, they can have their licenses revoked or suspended. They may also face fines and other penalties if they are found to be in violation of the law. Pilots are also required to have their licenses renewed periodically. In order to get a renewal, pilots must submit to and pass a medical test.

In addition to the rules for pilots, airports – including smaller airports – also are subject to a number of laws and rules. For example, all airports are required to maintain markings and lights on runways. There are also requirements for runway widths. In addition, all airports must maintain a minimum area of territory around runways empty. If an airplane loses control during take off or a landing – the two times when airplanes are most likely to crash – the extra buffer zone ensures that residents in the area are less likely to be injured.

While all of these precautions help reduce the risk of Florida plane accidents, these accidents still do happen – and those who live close to smaller airports may be at larger risk. According to the National Transportation Safety Board, there are 18000 airplane accidents involving general aviation airplanes for every one accident involving a commercial planes. General aviation aircraft includes experimental planes, private planes, banner planes, student-operated plans, and news helicopters – the aircraft more likely to use smaller airports. Part of the reason that general aviation craft crash more often, according to experts, is that commercial airline pilots face even stricter rules and far more rigorous testing and training to keep passengers safe. Since takeoff and landing are the riskiest time for airplanes, experts agree that residents living near airports used by general aviation aircraft are most vulnerable to injury.

Continue reading "Broward County Airplane Accidents Can Mean Risks for Bystanders, Too" »

According to a report by the Office of Inspector General (OIG), every month one in seven Medicare patients hospitalized in the US experience a so-called “adverse event” because of preventable medical error. This amounts to 1.6 million Americans every year and 134 000 patients each month falling victim to medical mistakes. Some of these mistakes lead to permanent or serious injuries and in 180 000 thousand cases per year, the result of the mistakes is fatal.

Medical mistakes happen in every Miami-Dade county hospital, and they range from infections to incorrect medical prescriptions or doses, equipment failure, surgical mistakes, poor wound care, and other mistakes. Miami slip and fall injuries in hospitals and clinics also account for many patient injuries, especially among the elderly. According to the OIG and other experts, there are a number of things that patients can do to help prevent medical errors and adverse events when getting healthcare:

1) Maintain good health. Most doctors agree that the best way to avoid medical mistakes is to maintain good health so that less hospital care is needed. While Miami-Dade county hospitals take care to prevent errors and to provide safe environments, hospitals are by their very nature filled with germs and potential hazards. The less time you spend in them, the less likely you are to become a plaintiff in a Miami medical malpractice lawsuit.
2) If you do need medical or hospital care, go with a trusted friend or family member. This person can observe the care offered and help raise concerns as needed.
3) Insist that healthcare providers wash their hands or use a hand sanitizer and place fresh gloves on their hands before touching you. You should be able to observe this process. One of the fastest ways that infections spread in a healthcare setting is from healthcare providers to patients.
4) Ask lots of questions. Ask about tests, procedures, medications, and catheters. Make sure that they are required and ask about any side effects.
5) Make sure that any allergies you have are listed clearly on both your wrist band and your medical chart.
6) If you have dressings, make sure that they are not loose and do not emit a bad odor. If they do, you may have an infection or be at risk of one. Make sure that dressings are changed regularly.
7) Check the hospital’s rate of mistakes and complaints about the hospital before you check in. If you have the option, consider looking around for a Miami hospital with a good reputation for care.

If you have experienced an adverse reaction in hospital, you may need to seek medical redress. Even in cases where a medical mistake causes a longer hospital stay or expensive medical bills, patients and their insurers are often left with the bills. Florida law protects you. If the medical mistake in your case was caused by negligence or recklessness you can seek redress under Florida law in order to get a recovery that allows you to pay for the medical bills and lost income caused by the medical mistake. However, you will need a talented and aggressive Florida medical malpractice attorney to fight for your rights, as medical professionals and hospitals are protected by powerful insurance carriers. A good Miami medical malpractice attorney can gather evidence in your case and can ensure that you have a strong case.

Continue reading "Preventing Miami Medical Malpractice Lawsuits and Medical Errors" »