Medical Device Failures — What happens if the Products Fail?

Medical devices provide numerous health benefits to our community; they made surgeries and procedures that would otherwise be impossible, a modern reality. However, some of these devices are rushed into mainstream use before they can be properly tested and are sometimes even recommended for off-label uses by doctors. Some companies are even able to bypass mandatory Food and Drug Administration (FDA) …

New Teen Driver Study Highlights Accidents Risks

According to a new study released by AAA, distracted driving contributes to 58 percent of auto crashes involving teen drivers (ages 16 to 19) – a statistic that is four times higher than originally estimated. This latest study is enough to alarm concerned parents about their teen’s cell phone use, and other distractions, such as fellow passengers in the car …

Wandering and Elopement Risks in Nursing Homes

Choosing the right nursing home for your loved one is already stressful enough without also having to worry about whether the facility can adequately manage any additional medical needs your loved one may require. In particular, when someone suffers from dementia, the potential for them to wander (become disoriented, get lost, forget how to locate familiar places like the bathroom, …

Understanding Nursing Home Rating Guides

Nursing home rating guides vary from those run by the Centers for Medicare & Medicaid Services (CMS) and Florida Agency for Health Care Administration, to rankings published by private companies, such as U.S. News. Navigating these ranking guides can be daunting, particularly if it is unclear which factors are weighed in the ranking system and any potential behavior that some …

Unique Accident Risks for Motorcycle Riders

The statistics on riding motorcycles are dismal: motorcyclists were about 35 times more likely than car passengers to die in a crash and five times more likely to be injured (mostly involving severe head injuries). According to the National Highway Traffic Safety Administration, approximately 80 percent of motorcycle crashes result in injury or death. In spite of this, motorcycle riding …

What is Whiplash & Can I Recover Damages for It?

The incidence of neck sprains and strains due to sudden extension and flexion, where the head stretches backward and then is suddenly whipped forward, resulting in a serious soft-tissue injury, is known as “whiplash.” The most common symptoms associated with whiplash are neck pain, difficulty moving your neck, neck swelling, and even dealing with potential muscle spasms in your neck. …

Five Steps to Take Immediately After an Auto Accident

Earlier this year, a study ranked Florida as the worst state to get into a car crash due to the number of uninsured drivers and minimal state insurance requirements. Florida has close to 250,000 auto accidents every year, with many of them being hit and run crashes. Getting in an accident can be scary and unnerving, and often people forget …

Defense Base Act Claims

If you have been working overseas for a U.S. contractor, and you have been injured or a loved one has been killed, you may have a Defense Base Act claim.  The Defense Base Act (DBA) is a federal workers’ compensation program for those injured working overseas on military bases, public works projects and other U.S. sponsored projects. How It Works …

Strict Liability: What Is It and When Does it Apply?

In previous articles, we talked generally about negligence and the types of claims associated with receiving compensation for injury or wrongful death. Conversely to claims that require proving negligence, strict liability can be described as being held legally responsible for an injury without any proof of actual negligence, carelessness, or fault being required. In the simplest terms, strict liability is …

What Evidence Is Used to Determine if a Doctor Acted Negligently?

Medical malpractice cases alleging negligence by doctors and other healthcare providers can be especially difficult, particularly if you are also dealing with severe injuries and medical bills at the same time. The complexity of these cases, and the uphill battle required to win them, requires an experienced medical malpractice attorney.   Burden of Proof According to Florida law, the existence …