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Personal Injury Blog

Latest Topics & News
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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10 October
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Product Liability: Is More Than One Party Liable?

Posted by mslaw
in Auto Accidents, Boating Accidents, Insurance Claims, Product Liability Claims, Wrongful Death
product liability

Product liability includes current product recalls and involve a variety of items including bicycles, baby loungers, propane heaters, and ATVs (all-terrain vehicles).1 Every year there are numerous product recalls, many of which are the result of injuries or deaths that involve product liability. In 2020 alone hundreds of recalls were issued on items, according to the U.S. Consumer Product Safety Commission. Product liability that occurs as a result of injuries and/or deaths due to the use of defective items is often met with legal recourse. Liability claims may involve more than one liable party and more than one insurance claim. When multiple...

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28 September
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Trucking Accidents: 20 Accidental & Negligent Causes

Posted by mslaw
in Auto Accidents, Insurance Claims, Negligence, Trucking Accidents, Wrongful Death
trucking accidents

According to the Federal Motor Carrier Safety Administration, there are thousands of fatalities, serious injuries, and property damage cases annually due to trucking accidents.1 Victims and their loved ones face devastating physical, emotional, and financial challenges as a result of such accidents. From treatment to rehabilitation, and from claims to compensation, there are many aspects that require attention post-accident. This can be particularly strenuous when one or more parties are at fault. Hiring legal counsel after a trucking accident is common and can be highly beneficial in a number of ways. These include the fact that many legal considerations associated with...

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20 September
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Medication And Malpractice-Related Birth Injuries

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
malpractice-related birth injuries

Among the various types of medical malpractice-related birth injuries are those involving medications. Such birth injuries can result from overmedication, improper medication, or even a lack of medicating, and can occur at any stage from the onset of pregnancy to the postpartum "after-the-birth" phase. Mother, child, or both may be affected. For example, if a drug is prescribed for a pregnant woman and she has a known but overlooked contraindication to its use that results in harm to her and/or her unborn child or children, the result may be one or more medical malpractice-related birth injuries. In cases involving multiple births, the...

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07 September
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Telemedicine: 5 Causes of Medical Malpractice Negligence via Telemedicine

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

Whether via phone or computer, telemedicine offers both convenience and the opportunity for improved health. Unfortunately, when it goes wrong, it can also veer into the realm of Florida medical malpractice negligence. There are a number of ways in which medical malpractice negligence can occur during a telemedicine visit. They include: 1. A medical professional practicing outside of his or her licensed profession. 2. A medical professional practicing outside of his or her legally allowed designated practice location (out-of-boundary treatment). 3. Misdiagnosis and/or delayed diagnosis. 4. Incorrect prescribing (including failure to confirm medication allergies or reactions). 5. Patient medical record mix-ups. Areas with higher population numbers...

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30 August
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The Many Faces of Medical Malpractice Negligence in Florida

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Nursing Home Abuse, Wrongful Death
medical malpractice negligence

Medical malpractice negligence can involve a variety of different individuals and entities in a myriad of scenarios. Regardless of who was involved in the occurrence and the type of situation, medical malpractice negligence in Florida is defined as being based on provider or entity actions that represent a breach of the prevailing medical standard of care as defined by Florida law.1 Some of the individuals who may be involved include: Doctors Nurses Physician assistants Medical staff Specialists Lab technicians Dentists Dental assistants Dental hygienists Entities that may be involved in negligence include: Hospitals Medical offices Medical care facilities Dental offices Military medical facilities Nursing homes Outpatient facilities and centers Medical laboratories Imaging centers Medical malpractice negligence can occur at any...

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24 August
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Mallard & Sharp Win $33.8 Million Dollar Medical Malpractice Verdict

Posted by mslaw
in Awards, Honors & Accolades, Birth Injury, Current Investigations, M&S In The News, Medical Malpractice, Medical Negligence, Negligence
Birth Injury Lawyer

Mallard & Sharp, P.A. were counsel for a $33.8 Million dollar medical malpractice verdict that was the Largest Medical Malpractice Verdict in the State of Florida in 2017 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. The case involved a doctor who lied and changed medical records after he failed to perform an emergency C-section to deliver plaintiff E.R. when the doctor was on his cell phone with his stock broker. THE CASE WAS TURNED DOWN BY OTHER ATTORNEYS before Mallard & Sharp, P.A. became involved. RICHARD SHARP AND FOUNDING FIRM...

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17 August
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Twins And Birth Injuries: Is It Medical Malpractice Or Negligence?

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

By their general nature, births involving twins or other multiples in pregnancy run a higher risk of experiencing birth defects, with one twin often more affected than the other.1 In addition, certain conditions, such as hypoxic-ischemic encephalopathy (HIE), a serious, life-threatening form of brain damage that can occur during childbirth, have the potential to be more common among twin births. Further, a rare condition in which twins share the placenta and one twin receives more blood flow than the other, known as twin-to-twin transfusion syndrome (TTTS), can occur, and often presents with devastating consequences.2 But what about when such risk is compounded...

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03 August
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Florida Medical Malpractice Negligence Law Update

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
florida medical malpractice negligence

Earlier this year, the Florida House of Representatives passed HB 651 (Recovery of Damages in Claims for Medical Malpractice Negligence) in a 99-16 vote.1 The bill, which was introduced in an effort to allow parents of deceased adult children who had no children of their own to recover damages for mental pain and suffering in medical negligence lawsuits, affects Florida statutes 768.21(8). Florida statutes 768.21(8) currently disallows recovery of such damages. No other state in the nation does the same. One viewpoint on the matter reflects that blocking the public's ability to sue for damages for mental pain and suffering in...

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