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Negligence

Establishing Responsibility In COVID-19 Nursing Home Cases

COVID-19 nursing home cases

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,...

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Breech Birth Injuries & Getting Legal Help

Breech Birth Injuries

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...

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Boating Accidents: A Look At Florida Maritime Law

boating accidents lawyers

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....

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

wrongful death in Florida

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...

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Hospital Medical Malpractice Negligence And Legal Liability

Hospital Medical Malpractice Negligence

Hospital Medical malpractice negligence is generally synonymous with the thought of wrongdoing on behalf of a doctor or other medical professional. In actuality, however, there are numerous points of potential liability to consider in hospital medical malpractice negligence cases. Medical care can go awry at any point from admission forward in a hospital. In fact, a hospital may be liable in more situations than you realize. These can include scenarios involving not only doctors, but employees. And in a number of cases, the doctors are not the employees. Doctors: Employees or Independent Contractors?When hospital doctors who are employees provide improper treatment...

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Birth Injuries: Securing Compensation For Long-Term Care

Birth-Injuries

Birth injuries are devastating and heartbreaking, no matter what type. They may be the result of brain damage, asphyxia, hypoxia, organ failure, infection, cerebral palsy, Erb’s palsy, C-sections, or other events. Those that cause permanent injury to a child, a mother, or both create the most serious scenarios with regard to costs and other considerations involving both current and future care. Needs may include: Medical testingHealth monitoringPhysician costsSpecialist costsLong-term caretakersMental health careCustom prostheticsMobility devices (wheelchairs)Specialty educationVehicle modificationHome modificationFurniture modificationTransportation costsSecurityInability to work Given the extent of potentially lifelong needs in birth injury negligence cases, it is crucial to obtain compensation commensurate to...

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Benefits Of Legal Representation In Nursing Home Legal Cases

Nursing Home Legal Cases

Time. Money. Justice. These are all factors in a vast array of situations in life, and nursing home legal cases are no different.  To begin with, experiencing nursing home abuse or neglect, or learning that a loved one is or was being abused or neglected, generally coincides with feelings of anger, hurt, and even guilt. Adding to the devastation is the confusion that usually follows regarding what steps to take next — and hiring a nursing home abuse and neglect lawyer is often a consideration. However, a combination of misconceptions about legal costs and time factors sometimes deters individuals from initially...

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Elder Abuse Lawyers Discuss Staying Alert To Nursing Home Abuse And Neglect

elder abuse lawyers

Before the Covid-19 pandemic, elder abuse lawyers saw many cases of nursing home abuse and neglect. This has been a growing concern among the elderly and their families. This includes such cases in nursing homes and assisted living facilities in heavily populated retirement areas including Miami and South Florida. Unfortunately, with the advent of the pandemic, the lines between detecting if a loved one is being abused (or neglected) or not have become substantially blurred.  This is due in part to the fact that during the pandemic, family members have been generally restricted from physically visiting their loved ones who are...

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Medical Malpractice Negligence In Hospitals: Preventable Harm

medical malpractice negligence

Misdiagnosis. Medication errors. Laboratory test mix-ups. These are just a few of the scenarios that can lead to legal action after an individual or loved one is injured or dies due to medical malpractice negligence in a hospital or medical center. And they are far too common. Evidence-based research estimates show that over 400,000 patients die due to preventable harm in hospitals each year.1  Determining the extent of harm caused and providing provable causative factors is essential in securing grounds for a medical malpractice negligence lawsuit. Were all patient symptoms addressed? Were all medications and any potential or known interactions carefully...

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Negligent Security & Wrongful Death

Negligent security & Wrongful Death

Negligent security is one of many types of negligence that results in civil lawsuits. Legally, it generally involves cases in which assault, battery, and/or aggravated assault results in the injury or death of an individual as a result of improper, insufficient, or non-existent security—in the form of either material surveillance or trained security personnel—on a property. Essentially it is a form of premises liability, and includes any harm from robbery to rape. It may also include situations in which an individual is injured on a property and left without assistance due to a lack of security surveillance. For example, a...

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