23 January

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Top Aspects of Nursing Home Abuse And Negligence Lawsuits

Posted by mslaw

Nursing Home Abuse & Negligence Lawsuits

The devastation that results from experiencing nursing home abuse and negligence firsthand, or learning that a loved one is or was being abused and/or neglected, elicits a number of disturbing feelings including hurt, anger, and depression. While difficult, staying focused on stopping the abuse and/or negligence and gathering essential proof in order to achieve justice are top priorities. Taking effective legal action requires obtaining several key types of evidence. The five most important aspects in such cases are: 1. Written Documentation 2. Photographs 3. Medical Records 4. Victim and Witness Statements (Including Staff, Other Residents, Previous Employees, and Other Family Members or Friends) 5. Personal...

15 January

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Miami Motorcycle Accident Attorney Providing Legal Representation for Motorcycle Accidents

Posted by mslaw

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

Do you need a Miami Motorcycle Accident Attorney? In 2018, there were 4,985 motorcycle fatalities nationwide.1 In 2019 in Florida alone, there were 550 motorcycle fatalities out of a total of 8,895 accidents.2 These statistics do not include the more than 7,000 injuries sustained in non-fatal motorcycle accidents in the same year in Florida as reported by the Florida Department of Highway Safety and Motor Vehicles. In many instances involving motorcycle accidents, legal representation is sought. The types of cases that may result due to such accidents can involve a wide spectrum of issues from insurance claims to wrongful deaths. Expert...

07 January

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Medical Malpractice Liability & Medical Students

Posted by mslaw

in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

Medical Malpractice Liability can occur in many ways. Teaching hospitals, healthcare facilities, and medical offices are common training grounds for medical students and interns alike. Florida in particular is host to more than half a dozen teaching hospitals, with three located in South Florida alone. 1 It’s not uncommon to find a medical student working among doctors and other medical staff as part of a medical education program, even in a doctor’s office, anywhere in the U.S. While the prospect of having a student who is not thoroughly experienced “practice” on patients—even while under the direction and scrutiny of one or...

20 December

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Five Factors of Negligent Security in Florida

Posted by mslaw

in Negligence, Negligent Security, Premises Liability

There are five factors for consideration with regard to claims for Negligent Security in Florida: 1. Type of Lawsuit 2. Preventable or Not Preventable? 3. The Question of Reasonable Care 4. Florida-Specific Negligence Law 5. Statute of Limitations Type of Lawsuit Negligent security is one of many types of negligence. It is closely tied to premises liability. Cases involving negligent security often result in civil lawsuits. Legally speaking, such cases are based on incidences of assault, battery, and/or aggravated assault that result in the injury or death of an individual due to provably improper, insufficient, or non-existent security on either a commercial or residential property. The security...

14 December

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Statutes of Limitations in Florida

Posted by mslaw

in Auto Accidents, Birth Injury, Boating Accidents, Commercial Litigation, Insurance Claims, Medical Malpractice, Medical Negligence, Negligence, Negligent Security, Nursing Home Abuse, Product Liability Claims, Trucking Accidents, Wrongful Death

Time is an important factor when it comes to Statutes of Limitations in Florida and legal cases. Unfortunately, it can become a pressing issue. While trying to gather information and coordinate legal findings quickly can be difficult to do while grieving, caring for injuries, adjusting to a new way of living, or any combination of these challenges, it is essential to do in order to achieve justice and secure maximum allowable compensation in lawsuits. An important aspect of law that relates directly to being able to take legal action in the majority of potential and provable law cases is the statute of...

07 December

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Legal Help For Birth Injuries & COVID-19

Posted by mslaw

in Birth Injury, Covid-19, Current Investigations, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

In and of themselves, both birth injuries and COVID-19 present major life challenges for individuals, families, loved ones, and caretakers. Combined, they create a new level of devastation via sets of circumstances involving injury, illness, and, in the most heartbreaking and unfortunate cases, death. While prevention in either scenario is ideal, negligence and medical malpractice during a pandemic each have the opportunity to become more prevalent. Situations involving exhausted and overworked physicians, medical assistants, nurses, laboratory technicians, and cleaning crews; reductions in staff; insufficient amounts or lack of personal protective equipment (PPE); improperly cleaned equipment and/or supplies; and other factors can...

29 November

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Establishing Responsibility In COVID-19 Nursing Home Cases

Posted by mslaw

in Covid-19, Medical Negligence, Negligence, Nursing Home Abuse, Wrongful Death

A recent article in the American Bar Association Journal1 detailed widespread problems and shortcomings in nursing homes and the escalating number of COVID-19 nursing home cases and related lawsuits that are being brought as a result. Insufficient numbers of staff, failure to wear protective gear, and a lack of testing are among the most pressing problems resulting in such litigation. Injury or death of loved ones due to negligence resulting from these and other problems are the devastating and horrific consequences far too many individuals and families are currently facing. Yet establishing responsibility and securing accountability in these cases is,...

21 November

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Breech Birth Injuries & Getting Legal Help

Posted by mslaw

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

Among the potential problems that can result in birth injuries are breech birth injuries. Breech births are those in which a fetus is not in the correct position to emerge head first, but rather feet first or buttocks first. The types of birth injuries that can be sustained as a result may affect the child, the mother, or both. In situations in which a baby is in breech position, doctors often attempt careful manual manipulation to move the baby into a head-first birth position. While this is effective in many cases, it carries its own set of risks, including potential umbilical...

12 November

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Boating Accidents: A Look At Florida Maritime Law

Posted by mslaw

in Boating Accidents, Insurance Claims, Negligence, Product Liability Claims

Boating accidents can fall under Maritime law, also referred to as Admiralty law, is that which governs businesses providing services that involve being in or on the water. In Florida, the “water” is specifically defined as navigable waters, as per Florida Statute 768.191. According to the Department of Transportation2, Florida’s navigable waters include: Atlantic Intracoastal WaterwayGulf Intracoastal WaterwayHarbors, Bays, and BayousInlets and PassesCanals and ChannelsRivers and Creeks Types of Boating Accidents Under Florida Maritime Law Any personal injury or death resulting from activities provided in or on navigable waters by a company or entity falls under the regulatory requirements of Florida Maritime law....

01 November

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Wrongful Death In Florida: What You Need To Know From A Legal Perspective

Posted by mslaw

in Auto Accidents, Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Negligent Security, Nursing Home Abuse, Product Liability Claims, Trucking Accidents, Wrongful Death

Among the civil lawsuits able to be brought to court in Florida are those involving wrongful deaths. Per Florida statutes section 768.19, when a death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another person, including those occurring on navigable waters, it is considered a wrongful death.1 Overall, there are three main aspects to keep in mind with regard to Florida wrongful death claims: 1) only certain parties may bring a wrongful death claim in Florida; 2) there are specifics on damages; and 3) there are time limits for filing a claim. What Parties...

Negligence

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