08 April

Sticky

A New Deadline On General Negligence Lawsuits

Posted by mslaw

What constitutes negligence? It’s a question often asked, and has important legal bearings when it comes to filing lawsuits. Cornell Law School defines negligence as follows:1 “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).” The signing of House Bill 837, Civil Remedies, into law on March 24, 2023 imposes a new deadline on general negligence lawsuits from four years to two years (active duty service members are exempt from this provision).2,3...

07 November

0 Comments

Sticky

Medical Trainees and Medical Malpractice Negligence

Posted by mslaw

in Medical Malpractice, Medical Negligence, Negligence

Medical Trainees and Medical Malpractice Negligence

Medical malpractice negligence can involve a host of individuals, from doctors, specialists, and midwives to nurses, physician assistants, and medical technicians. But there’s another type of common medical provider that carries risk as well: medical trainees. And the number of trainees in Florida has grown, not only due to the effects and after-effects of Covid, but also due to longstanding issues in medical understaffing in the state.1,2 Any branch of medicine and any sub-specialty may utilize trainees, and therefore is susceptible to related occurrences of medical malpractice negligence. This includes internal medicine, dermatology, cardiology, ophthalmology, and even surgical dentistry. The August 2022...

17 September

0 Comments

Sticky

The 993: Is Your Loved One a Victim of Florida Nursing Home Negligence?

Posted by mslaw

in Negligence, Nursing Home Abuse

Nine hundred and ninety-three. That’s the number of instances in which residents at Florida nursing homes walked out the door without supervision, proper authorization, or both between 2017 and 2021, according to the Florida Agency for Health Care Administration (AHCA).1 That includes individuals with dementia or other forms of cognitive impairment. Each account is disturbing, and in many cases the situations were life threatening. It’s a harrowing scenario for family members and loved ones. The International Council of Nurses’ definition of nursing includes “promotion of a safe environment.”2 Wandering from a nursing home and being found over 5 miles away on...

10 March

0 Comments

Sticky

Birth Injury Lawyers For Skull Fractures & HIE

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

$skull fractures birth injury lawyer$

Among the numerous types of birth injuries are those involving skull fractures. These types of birth injuries are often the result of deliveries that require the use of forceps, vacuum extraction, and/or other instrument-related delivery.1They may or may not involve intracranial injury. In addition, they may result in hypoxic ischemic encephalopathy (HIE), a serious form of brain injury caused by oxygen deprivation in the brain.2 Treatment for birth injury skull fractures can include3: Oxygen for breathing supportInterior skull pressure monitoring in a pediatric intensive care unit (PICU)Blood pressure and heart monitoringIntravenous medications and fluidsReduction of brain swellingSurgeryRehabilitation Unlike many other types of birth...

28 February

0 Comments

Sticky

Florida Nursing Homes: Important Legal Update

Posted by mslaw

in Medical Negligence, Negligence, Nursing Home Abuse

Potential changes to Florida nursing homes and staffing standards are currently being considered by the Florida House.1 Minimum staffing requirements in Florida nursing homes have been an issue of debate for more than 20 years. It's a serious concern, particularly given that Florida -- and South Florida in particular -- is a popular hub for retirement and nursing home care. Not to mention concerns about Florida's high rate of nursing home abuse and negligence. Current proposed changes include reducing the 2.5-hour minimum of time that certified nursing assistants must spend daily providing each nursing home resident with direct care down to...

12 January

0 Comments

Sticky

Do You Have A Wrongful Death Case?

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Motorcycle Accidents, Negligence, Negligent Security, Trucking Accidents, Wrongful Death

If you have lost a loved one due to Wrongful Death, contact Mallard & Sharp, P.A. at 877.662.5527. As an experienced Miami Wrongful Death Lawyer, we understand the law and can help you get justice and recover the damages you deserve. Whether due to negligence, recklessness, or an intentional act, death is a devastating experience for families and loved ones. Having a lawyer from Mallard & Sharp can lessen the trauma associated with the mental, emotional, and financial stresses that are being faced during this unbelievably difficult time. Having support to help navigate the law is just the beginning. Florida laws contain...

29 December

0 Comments

Sticky

Automobile Accidents: Backup Camera Blind Spots & More

Posted by mslaw

in Auto Accidents, Insurance Claims, Motorcycle Accidents, Negligence, Trucking Accidents, Wrongful Death

Many vehicles are now produced with rear-view video cameras, often referred to as "backup" cameras. And while the goal of having such technology—and using it—is to avoid collisions and resultant injuries and deaths, it does not provide a 100% guarantee of effectiveness against automobile accidents. A host of factors are responsible for this, including: -- operator age -- weather -- visibility -- maneuvering speed -- camera range Operator Age According to the U.S. Census Bureau, the 65-and-older population grew by over one third (34.2% or 13,787,044) in the past decade, and by 3.2% (1,688,924) from 2018 to 2019 alone.1 There are more elderly drivers than ever before....

18 December

0 Comments

Sticky

Medical Negligence Malpractice: Items Left Inside Surgical Patients

Posted by mslaw

in Medical Malpractice, Medical Negligence, Negligence

Of the many forms of medical negligence malpractice are those that involve leaving procedure-related items inside of patients' bodies during surgeries. The numbers are shocking: according to the American Society of Anesthesiologists, every year between 4,500 and 6,000 U.S. patients have surgically retained foreign objects (called SRFOs) in their bodies after surgery.1 In instances in which this occurs, the result can be serious injury or death due to medical negligence malpractice. In some cases, SRFOs aren't detected for months or years. In a study published in the New England Journal of Medicine, gauze sponges were cited as the most common surgical...

06 December

0 Comments

Sticky

Negligent Security: Ten Potential Visibility Deterrents at Convenience Stores

Posted by mslaw

in Negligence, Negligent Security

Convenience stores are among the commercial properties with the potential to have unsafe conditions leading to accidents or criminal activities and possible subsequent negligent security lawsuits. They include those that are part of gas stations or offer drive-through service. Regardless of the type, there are a number of scenarios involving a lack of visibility that can lead to negligent security lawsuits. They include the following ten situations: 1. Blind spots 2. Dark areas 3. Turning off exterior/canopy lights 4. Window signs 5. Posters/paper/stickers in windows 6. Blinds 7. Construction equipment during remodels 8. Video surveillance off/not operating 9. Store stock/racks/columns blocking windows 10. Ice/propane dispensers blocking views Proper lighting and surveillance...

27 November

0 Comments

Sticky

Erring On The Side Of Malpractice: When Cautious Treatment Causes Harm

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

For medical professionals, perhaps nothing is more ironic than when actions taken to avoid medical malpractice negligence actually cause it. Yet unnecessary testing and treatment occur constantly in the U.S. medical industry. According to Johns Hopkins Medicine, the National Academy of Medicine reports that unnecessary testing alone is performed to the tune of over $200 billion a year.1 Beyond the monetary implications of such actions is the potential for harm to patients. Unnecessary testing can cause delays in medical care that in turn can result in improper treatment, advancement of illness, or even death. Further, unneeded treatment in itself can cause...

Negligence

Recent Posts