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Personal Injury Blog

Latest Topics & News
18 December
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Medical Negligence Malpractice: Items Left Inside Surgical Patients

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence
Medical Negligence Malpractice

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...

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12 December
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Nursing Home Abuse & Negligence In South Florida: Part II

Posted by mslaw
in Nursing Home Abuse
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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06 December
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Negligent Security: Ten Potential Visibility Deterrents at Convenience Stores

Posted by mslaw
in Negligence, Negligent Security
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...

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

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
Malpractice

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...

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22 November
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Nursing Home Abuse & Negligence In South Florida: Part I

Posted by mslaw
in Nursing Home Abuse
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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18 November
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Infant Birth Injuries Due To Vacuum-Assisted Delivery

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
infant birth injuries

In a shift away from the use of forceps during vaginal births, vacuum-assisted delivery of babies has become more prevalent over the past 20 years.1 Unfortunately, this type of infant delivery carries a number of risks, including the potential development of neonatal intracranial hemorrhages, convulsions, or encephalopathy.2 Strict protocol must be adhered to in instances where vacuum-assisted delivery is the procedure of choice. When protocol is not followed, or is improperly implemented, short-term or permanent birth injury may result for the baby, the mother, or both. In situations involving provable medical malpractice negligence with regard to infant birth injuries caused...

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08 November
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When Nursing Home Negligence Results in Wrongful Death

Posted by mslaw
in Medical Negligence, Negligence, Nursing Home Abuse, Wrongful Death
nursing home negligence

Learning that a loved one has experienced nursing home negligence in a care facility is one of the most disturbing events in life. When such a situation results in a loved one's death, it is nothing short of devastating, and the pain, hurt, and anger is unimaginable. Feelings including shock and misplaced guilt can make it difficult to function, let alone focus. Yet gathering the proof needed to build an effective case and finding expert legal guidance are essential. Finding answers and seeking justice become priorities for most individuals and families. When a loved one is injured or dies due to...

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31 October
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Florida Medical Malpractice Negligence: 7 Potential Case Arenas

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
Florida Medical Malpractice Negligence

From the point of professional assessment to the point of cure, improvement, or repair in situations involving illness or injury, Florida medical malpractice negligence can occur. Individuals and entities alike may be involved in such occurrences. There are many potential scenarios in which malpractice or negligence can arise, the majority of which involve one or more of the 7 sections listed below. In Florida, the law defines medical malpractice negligence with relation to a breach of the prevailing medical standard of care.1 Breaches can occur in multiples and involve several parties at once. Here are 7 potential case arenas involving medical malpractice...

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23 October
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Smoke On The Water: Boating Accident Litigation

Posted by mslaw
in Boating Accidents, Insurance Claims, Wrongful Death
boating accident

Smoke On The Water: Boating Accident Litigation Florida as a whole is a boating paradise that attracts not only local boating enthusiasts, but also tourists looking to enjoy its many waterways and water access points. These include lakes, rivers, and canals as well as the Gulf of Mexico, the Atlantic Ocean, and the Florida Straits. Unfortunately, with the ever extensive number of boaters, the number of boating accidents and fatalities tends to increase. Even with safety measures in place, boating accidents can occur. According to the Florida Fish and Wildlife Commission, hundreds of injuries related to boating accidents occur annually in Florida...

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15 October
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Miya Marcano Family Looking for Justice, Takes Aim at Apartment Complex Negligent Security Where She Lived

Posted by mslaw
in Negligence, Negligent Security, Wrongful Death
Apartment Complex Negligent Security

Published October 3, 2021 • Updated on October 4, 2021 at 10:12 am Family blames apartment complex negligent security in her killing. The family of slain college student Miya Marcano is calling for justice in the wake of her death and taking aim at the apartment complex where she lived. "We believe that this apartment complex was negligent in a number of things that they did," Marcano family attorney Daryl K. Washington said at a news conference with the family Sunday. Washington said the family plans to "hold those responsible accountable" in her death. Orange County investigators said they believed the prime suspect Armando...

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