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The Many Faces Of Negligence: A Legal Overview

Negligence

Negligence is the overall legal term used when an individual’s or entity’s actions have resulted in a provably preventable accident or action that caused harm to another. There are many types of negligence, including those involving car accidents, medical malpractice, and neglect of the elderly and handicapped in nursing homes and assisted living centers. Other scenarios that may result in legal claims include, but are not limited to: - Birth Injuries- Negligent Security- Surgical Errors- Nursing Errors- Construction Accidents- Dog Bites- Drownings- Trucking Accidents- Boating Accidents- Slip & Fall Accidents- Product Liability- Insurance Issues- General Negligence In Florida, negligence laws are highly focused...

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Florida Wrongful Death Claims: What You Need To Know

Wrongful Death

Wrongful death claims are civil lawsuits that are legally filed and taken to court by the estate of a deceased person whose death was due to the negligence or wrongful actions of one or more others. Criminal cases may also be filed separately, and may be filed at the same time. In Florida, Florida statutes chapter 768 details much of the law regarding negligence and damages, while Florida statutes chapter 95 discusses the amount of time (known as the “statute of limitations”) that is legally allowed to file this type of lawsuit. Time is an important factor here. Generally speaking, wrongful death lawsuits in Florida must be filed within a...

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Lake Mangonia Apartments & Negligent Security claims for victims of crimes

Lake Mangonia Apartments

Richard "Bo" Sharp, Esq. and Mallard & Sharp, P.A. strive to help the victims of negligent security and medical malpractice and negligence every day.  Currently, Richard "Bo" Sharp, Esq. and the Law Firm of Mallard & Sharp, P.A. humbly call upon the communities of West Palm Beach, Florida to provide assistance to the firm for the benefit of their clients who were victims of specific violent crimes.  Please know that if you were in the same situation as these victims, Mallard & Sharp would be there for you. Richard Bo Sharp, Esq. and the Law Firm of Mallard & Sharp, P.A. are currently investigating negligent security claims for victims of...

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Mallard & Sharp Achieve Highest Medical Malpractice Verdict in Florida

Highest Medical Malpractice Verdict

Mallard & Sharp, P.A. is proud to announce their achievement of obtaining the Highest Medical Malpractice Verdict of the Top 100 Verdicts of 2017, and the 9th largest verdict for the entire state in 2017. Under the professional direction of founding member Richard “Bo” Sharp, Esq. and co-counsel Vidian Mallard, the firm successfully attained the highest medical malpractice verdict in the amount of $33,153,912.00 in the case of MARLA DIXON, EARL REESE-THORNTON, and ER v. The United States of America, of E.R., a minor, Case No.: 1:15-cv- 23502 (case type Birth Injury, Medical Malpractice, Personal Injury, Professional Negligence, and Failure to Treat)....

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Nursing Home Surveillance Cameras: Is Florida Going To Be Next?

nursing home surveillance cameras

Florida has more nursing homes than most states, with South Florida in particular being  highly sought after not only as a location for retirement, but also for assisted living and nursing care. Unfortunately, the combination of an increasing amount of nursing home residents and insufficient oversight has resulted in an increase in nursing home abuse and negligence claims, leaving loved ones and their families searching for accountability and solutions. One such potential solution is the installation of nursing home surveillance cameras in the rooms of nursing home residents. The use of legally authorized “Granny Cams” is on the rise, with...

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Nursing Home Abuse & Negligence In South Florida: Part II

Abuse & Negligence

As noted in Part I of our coverage of Nursing Home Abuse & Negligence, South Florida – including Miami and surrounding areas – has continued to grow robustly as a popular location for those seeking retirement in an area with spectacular weather, cultural diversity, and a plethora of services. This includes growth in the quantity of assisted living centers and nursing homes. The combination of a large number of care centers and insufficient resources for enforcing regulations to keep our loved ones safe has, unfortunately, created situations that have resulted in an increase in the number of cases of negligence,...

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Nursing Home Abuse & Negligence In South Florida: Part I

Nursing Home Abuse & Neglect

South Florida’s ever-growing popularity as a prime retirement destination has created a booming hub of assisted living centers and nursing homes set among the sun and sand. And while that may sound like an enticing part of one’s retirement plan, the actuality is that the need to improve nursing home quality of care in Florida is so substantial that the Senate Special Committee on Aging has focused considerable attention on the situation. Unfortunately, even with regulations in place, there are limited nursing and medical resources in South Florida and throughout the state to enforce them. The result has been an...

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Fla. Injury Defense Attys Hope To Thwart ‘Phantom Damages’

phantom damages

By Y. Peter Kang Law360 (February 5, 2020, 6:42 PM EST) -- Injury defense attorneys in Florida are closely watching proposed legislation that would outlaw so-called phantom damages in injury trials, describing the bill as a key step in reining in jury verdicts that don’t reflect the actual costs of medical care. The Florida Senate’s Judiciary Committee on Jan. 28 advanced S.B. 1668, a bill that would bar phantom damages, or when a jury only hears about the billed price of medical expenses, which is often not the actual amount paid by an insurance company that already negotiated discount prices...

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Richard “Bo” Sharp is selected to the 2020 Florida Super Lawyers list

Super Lawyers

Richard Bo Sharp is proud to be selected as a Super Lawyer for 2020. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. Super Lawyers selects attorneys using a patented multi-phase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and...

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Types Of Medical Malpractice & Medical Negligence

malpractice

While medical malpractice and medical negligence are often thought of as one in the same, in actuality they are distinctly different. In many cases, however, they occur together. The line that separates medical malpractice from medical negligence is intent. Malpractice is the intentional deviation from established standards of care, while negligence is associated with accidents, oversight, and other unintentional actions. Types of medical malpractice include:Doctor/physician malpracticeHospital malpractice Anesthesia errorsNursing malpracticeSurgical malpracticeDefective medical devices Some examples:• Medication errors, including failure to review all medications a patient is taking and confirming contraindications to use of any particular medication• Failure to monitor patients, improper care,...

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