Florida Injury Lawyer Blog

Eyewitness News has found that red light cameras installed at Orange County intersections make the streets safer and reduce car accidents. The cameras were installed in Apopka in August 2007, and at that time Eyewitness News reports that 262 red light runners were caught. Over time, however, drivers exercised more caution and by last month only 35 red light runners were caught at the same intersections.

The accident reports from the same time period, however, really show the effect that red light cameras have had on safety in the area. Crashes at 441 and Sheller Avenue in the area have dropped 72% since the cameras were installed. The Park Avenue camera area has seen a 64% decline in accidents.

This drop in car accidents can not only reduce fatalities and the injuries -- including broken bones, head injuries, permanent disabilities, burn injuries and other injuries that are all too common in car accidents. According to police, the decrease in accidents also frees up more police officers to focus on other types of crimes, thus reducing crimes. In the past, the Apopka Police Department had five or six officers running a detail in the afternoon to try to keep up with accidents and traffic violations. Those officers can now patrol and try to halt crimes.

Apopka policymakers consider the red light cameras a success and there is some discussion of installing more cameras. Currently, violators caught running a red light on camera are given a $125 citation. Part of the funds raised in this way are used to defray the costs of operating the cameras, and this helps make the cameras affordable for the city.

Some Florida residents, however, claim it is nor red light runners that cause accidents but teens who are talking on cell phones or texting as they drive. Some residents and even policymakers have voiced concerns over the fact that some drivers appear to be focusing on their mobile devices rather than the road. At least some fatal accidents have been linked to cell phones and texting and some police departments in other regions have voiced their worries over this driving habit. Florida has stopped short at banning mobile devices in cars.

While the red light cameras do seem to have an impact on driving accidents, even a few car accidents can cause enormous pain, suffering, and damage. Any steps that can be taken to reduce such accidents make Florida a safer place.

A Florida woman, Rachel Jollimore, is suing Yamaha Motor Corporation in a case that will interest many ATV fans. At the heart of the suit is the safety of the Yamaha Rhino utility ATV. Jollimore alleges that her ATV rolled over and trapped her underneath while she was riding the vehicle. She claims that she was on relatively flat ground and was trying to make a simple turn when the accident happened.

Even though Jollimore alleges that she was traveling at a low speed, the vehicle flipped over and pinned Jollimore underneath it. As a result of the accident, Jollimore suffered a serious brain injury that requires a permanent stent in her brain that drains fluid to her stomach. There have already been a number of lawsuits filed about the Yamaha Rhino in Arizona and other states, leading Jollimore’s attorney to allege that the vehicle is unsafe and Yamaha realizes that there is a problem with its products.

The Yamaha Rhino is currently under investigation by the U.S. Consumer Product Safety Commission after a number of complaints of personal injuries and accidents. Last month, two young Mississippi girls were killed in a Yamaha Rhino after the vehicle rolled over. There are currently no statistics indicating just how many injuries and accidents may have been caused by the ATV. However, there are at least 200 product liability lawsuits related to the vehicle.

While some experts claim that all ATVs pose a danger for injuries and fatalities, some allege that the Yamaha Rhino is an especially dangerous example of the ATV. The Rhino was introduced in 2003 and the ATV was designed specifically to be narrow enough to fit into a pickup truck for transport. However, the height of the ATV, along with its narrow width, claim some experts, makes the ATV more likely than most to roll over and cause injury.

So far, Yamaha has not recalled the ATVs but models of the Rhino sold now include stickers that indicate that the ATV has the potential to roll over, even when it is on flat, open ground. One problem that attorneys may face when dealing with the Rhino lawsuits is that the vehicle is not subject to the same standards as most ATVs – even those standards themselves raise many questions.

Serious injuries caused by ATVs increased in 2007, for the eight year in a row. However, the Rhino is not even considered an ATV. Officials investigating the vehicle refer to it as a utility terrain vehicle (UTV) which means that even if Yamaha does not meet safety standards for an ATV that might not matter.

A University of Alabama at Birmingham research study into a Florida law found that a simple vision test may help reduce fatalities related to car accidents among older drivers. Researchers found that highway traffic fatalities among older Florida drivers decreased 17% after Florida passed legislation demanding that drivers 80 years and over get a vision test. In states such as Alabama and Georgia, where no such law was passed, death rates among elderly drivers remained the same.

As a result of the research, other states may soon also pass special screening requirements for elderly drivers, although other states may include other screening options in addition Currently, nine states as well as the District of Columbia require elderly drivers to pass regular vision tests. In addition, two states as well as the District of Columbia require older drivers to take a road test.

The study has raised some questions regarding accidents among the elderly. Some experts have suggested that elderly drivers in fact pose a smaller risk than other groups of drivers. Some experts suggested that elderly drivers tend to avoid risks, tend to be in accidents with low speeds, and tend to be hit rather than be the perpetrators driving into another vehicle.

Regardless of why car accidents among the elderly happen, they do occur and they do cause not only fatalities but also property damage, broken bones, spinal cord injury, burn injury, and brain injury, to name just a few problems. In addition, proponents of Florida’s law point out that even if a few accidents can be prevented through the law, the law makes sense.

Opponents to the law suggest that the law unfairly targets elderly drivers instead of focusing on bad drivers specifically. Some states are creating education programs in order to help seniors drive safely. These programs remind elderly drivers to ensure that they are comfortable behind the wheel and know their own limits.

Laws regarding driving change rapidly in Florida and across the country, so regular testing, advocates claim, will at least ensure that elderly drivers are aware of the latest road rules. There is no indication from the University of Alabama at Birmingham research study whether all drivers would benefit from vision tests. There is also no indication as to whether injuries and not just fatalities may be prevented by the tests.

Haunted houses, trick-or-treating, costumes, and pumpkin carving are some of the reasons children love Halloween. Unfortunately, these same activities cause many injuries each year. The American Academy of Orthopaedic Surgeons (AAOS) suggests that parents use these tips to keep children safe during various activities at this time of year:

1) Select costumes carefully. Poorly fitted costumes and masks can lead to visibility problems that mean slips and falls, head injuries, bone fractures, dislocations and other serious injuries. Well-fitted costumes and face paint (rather than masks) are usually the best option.

2) Select trick-or-treat routes carefully. Unfamiliar routes in the dark increase the odds of slipping and falling. If your children plan on visiting unfamiliar areas after dark, make sure that there is an adult supervising them and that there are plenty of flashlights on hand to light the way.

3) Carve pumpkins carefully. This common activity leads to serious skin injuries and even injuries to bones and tendons each year. Children should not be allowed to carve pumpkins. Adults should use specifically designed carving knives rather than kitchen knives, which can slip on the pumpkin skin and cause injury. Adults should always carve using small cuts, pushing the knife away from the body. Carving should only be done in a well-lit area and care should be taken to keep all areas and surfaces dry to prevent the knife from slipping. Buying a pre-carved pumpkin is a good idea to prevent injuries.

4) Review first aid before carving a pumpkin. If you do decide to carve your family’s pumpkin, review what to do in case of an injury. If you cut yourself while carving, elevate the wounded area above the heart and apply pressure to the area with a clean towel or cloth. If there is excessive bleeding or if after 15 minutes the bleeding has not slowed or stop, have someone take you to the emergency. If at any time you cannot move your fingers or you experience numbness in the area of the injury, visit your local emergency room.

5) Keep children visible to motorists. While most motorists are cautious on Halloween, children are often excited about candy and can run out in the road, which can lead to car accidents. Flashlights and reflective clothing can help prevent some accidents.

While many Florida parents worry about scary stories and bad candy that could hurt children at Halloween, experts agree that there are more frightening risks lurking at this time of year, and many of those risks have to do with children’s Halloween costumes. Among the risks that parents should be aware of:

1) Slip and fall accidents. On Halloween night, streets are dark and may be slippery with spilled candy, fallen leaves, and pieces of broken carved pumpkins. Costumes that obstruct a clear vision of the sidewalk can mean that children slip and slide. In addition, too-long costumes can cause tripping and falling.

2) Car accidents. Costumes should be easily visible and should have lights or reflective pieces so that cars can easily see children who are out trick or treating. There are many children’s flashlights and strobe lights that can add to a child’s costume and can keep the child safe on Halloween night.

3) Burn injuries. Parents should look for flame retardant costumes, since jack o' lanterns, candles and other spooky decorations do pose a fire risk for children at this time of year. Also, longer costumes that drag around or have dropping sleeves can pose a greater fire hazard, since children may not always be aware of where their costume ends. Trim up costumes to keep trick and treaters safe.

4) Wounds and other injuries. All swords and props should be made from flexible, softer materials, so that children do not accidentally harm one another in play.

5) Other possible injuries. In addition to accidents, parents do need to be aware that not every adult is being cautious around children at Halloween. Parents should always accompany children who are out trick or treating. Many communities have initiatives such as safe areas for Halloween celebrations and Halloween patrols to help parents.

The American Red Cross, the National Fire Protection Association, and Florida Fire Marshal Alex are warning Florida residents about the risks of using alternative forms of fuel. The move comes after a survey conducted in late September showed that Florida residents were concerned about rising fuel costs. In fact, many Florida residents surveyed planned to supplement their heating with stoves, ovens, portable space heaters and fireplaces to keep fuel costs low.

According to Sink, home fires already cause far too many fatalities and serious burn injuries as well as other forms of personal injury. Those residents considering using alternative sources of energy should proceed with caution, he notes. Stoves and ovens should be used for cooking only and families should be cautious and use space heaters with automatic shutoffs only to prevent fires. Anyone planning on using a fireplace to stay warm this winter should have that fireplace cleaned professionally and checked by a professional – items stuck in chimneys and build-up can cause fire.

Sink is worried that Florida residents hoping to use alternative forms of fuel are not careful enough with their heating options. According to the September survey, 36% of participants with fireplaces never cleaned or had their chimneys inspected. Another 23% of survey participants did not think it was vital that someone is home when the stove or oven are on or when food is cooking on the stove.

More than 23 700 Florida homes were affected by fire in 2007. More than 144 Florida residents died from fires last year. Another 592 suffered burn injuries and other personal injuries as a result of fire. To prevent such high numbers in 2008, Sink suggests that Florida residents:

*Install smoke detectors and ensure that those detectors are in working condition.
*Develop a fire escape plan that is familiar to everyone in the family.
*Avoid using extension cords with space heaters and portable heaters.
*Install a carbon monoxide detector if fireplaces or wood burning stoves will be used in the home.
*Turn out lights, turn off appliances and blow out candles before leaving the house and before retiring to bed.
*Monitor candles carefully the entire time they are lit, especially if children or pets are present.
*Keep a working fire extinguisher or two in the home.
*Contact the gas company to re-light the pilot light or to do any other furnace maintenance.
*Practice a fire escape plan regularly.
*Avoid placing space heaters in bedrooms, especially children’s bedrooms.
*Keep space heaters and alternate forms of heat at least three feet away from walls, curtains, furniture, and other flammables.

Researchers believe that Florida brain injury patients – and patients across the country who have sustained traumatic brain injury due to car accidents, workplace accidents, and other causes – may have a cause to celebrate. The National Institutes of Health haw awarded Orlando Health a $2.25 million grant. The grant is specifically earmarked for traumatic brain injury research.

The grant recipient and lead researcher at Orlando Regional Medical Center, Dr. Linda Papa, plans to use the money to develop more effective tools to diagnose brain injuries. According to Papa, about 90% of the roughly 2 million Americans who sustain a traumatic brain injury yearly sustain either a mild or moderate brain injury. In some instances, diagnosing these injuries is challenging for health care professionals.

Papa’s study will begin in 2008 and will try to create blood test that will help doctors evaluate biomarkers in the blood. Biomarkers are released by the brain during brain injury and Papa and her team believe they may be able to devise a test that not only helps to indicate brain trauma but could also potentially help tell doctors the seriousness of a traumatic brain injury. If successful, the test would help doctors select better treatment options for patients.

The research into this issue is badly needed. According to the Centers for Disease Control and Prevention (CDC), nearly 5.3 million people in the US currently live with brain injury-related disabilities. Almost 50,000 people die each year in the US due to brain injuries. Many people who suffer from a brain injury face life challenges such as suicide, depression, divorce, unemployment, substance abuse and other problems.

The difficult thing about traumatic brain injury is that many forms of brain injury can be avoided. Careful driving on the road, for example, can reduce the car accidents that lead to brain injuries. Careful evaluation of water depth before diving can help prevent not only brain injuries but also the spinal cord injuries that occur each year when swimmers dive into water that proves too shallow.

Continue reading "Florida Nets $2.25M Grant For Traumatic Brain Injury Research" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Continue reading "Avoiding Medical Malpractice Tragedies" »