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Personal Injury Blog

Latest Topics & News
27 July
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Hypoxic Ischemic Encephalopathy Brain Injury During Birth: Proving Medical Malpractice & Negligence

Posted by mslaw
in Birth Injury, Current Investigations, Medical Malpractice, Medical Negligence, Negligence
Brain Injury During Birth

Traumatic Brain Injury During Birth in infants is a heartbreaking and all-too-common experience for many new parents. There are an array of causes, including Cerebral Palsy, hypoxic ischemic encephalopathy, brachial plexus palsy (Erb’s palsy), and others, which can be the result of breech-birth complications, C-section injuries, or medical malpractice negligence—or a combination of these and other factors. Traumatic brain injuries (TBIs) in particular have been reported as the leading cause of death and disability in children, with instrumental delivery being noted as a major cause.1  Hypoxic ischemic encephalopathy (HIE) is a type of brain damage caused by oxygen deprivation and limited...

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20 July
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Florida Pool Injuries & Drowning Accidents

Posted by mslaw
in Negligence, Slip And Fall Accidents, Wrongful Death
drowning accidents

Experiencing pool injuries or drowning accidents - particularly when it results in permanent disability or death—creates extensive trauma for individuals, families, and loved ones. In most such instances in which negligence is a provable factor, and in which medical and specialty needs will be ongoing for the injured individual, securing just compensation is essential. Pool injuries due to improper or negligent maintenance issues such as broken handrails, chipped tiles, and faulty jets or drains can result in broken bones, head injuries, and severe lacerations. Any of these may result in drowning. From walking-area surface changes to standing water­, slip-and-fall pool accidents...

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11 July
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Covid-19 Commercial Litigation: New Facets & Functions

Posted by mslaw
in Commercial Litigation, Covid-19
covid-19 commercial litigation

From business interruptions to breached contracts, the legal effects of COVID-19 commercial litigation have thrown the legal industry for a loop. A big, resounding one. Like the ripples of a stone thrown into a pond, those effects extend not only from one end of the U.S. to the other, but also internationally. This can create additional legal costs and new challenges. Not to mention the newly established legal scenarios involving privacy and other law-related aspects as they relate to COVID-19 commercial litigation that lawyers and legal teams are facing every day. Added to all of this is the fact that many...

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01 July
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Ten Causes of Anesthesia Errors Medical Malpractice Negligence

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
Anesthesia Errors

Among the various types of medication errors in medical malpractice negligence cases are those involving anesthesia errors. Unfortunately, while such errors are not common, they still occur. And the effects can be devastating, resulting in serious permanent injury or even death. According to a study published in the Southern Medical Journal, between 2007 and 2014 a total of 17,116 anesthetic errors and 131 associated deaths were reported in the United States alone.1 The physical, mental, emotional, and financial hardships created for patients and their loved ones due to anesthesia-related medical malpractice negligence can be substantial. They can create the need for...

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22 June
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10 Types of Medication Errors: Is it Medical Malpractice Negligence?

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
Medication Errors

Medication Errors resulting in physical, mental, and/or emotional harm or death are far too common. In fact, over 100,000 reports are made to the U.S. Food and Drug Administration (FDA) each year associated with a suspected medication error.1 Such errors can create not only physical and mental devastation, but also substantial situational and financial hardships for patients and loved ones. The National Coordinating Council for Medication Error Reporting and Prevention defines a medication error as "any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care...

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16 June
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Florida Wrongful Death Claims: What You Need To Know

Posted by mslaw
in Wrongful Death
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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10 June
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Epidural Birth Injuries

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Negligence
Epidural Birth Injuries

There are many stages during pregnancy and childbirth during which birth injuries can occur, including Epidural Birth Injuries. Among them are those associated with pain relief during labor and delivery, including the administration of an epidural. An intricate process requiring the skills of an experienced licensed anesthesiologist or other licensed and approved specialist, the placement of an epidural involves administering an anesthetic in the small epidural space within the spine. An error in the placement of an epidural needle or a mistake by a student intern during the process, for example, may lead to permanent epidural birth injuries for the...

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05 June
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The Many Faces Of Negligence: A Legal Overview

Posted by mslaw
in Negligence
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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31 May
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Nursing Home Surveillance Cameras Laws Continue Momentum

Posted by mslaw
in Negligence, Nursing Home Abuse
Nursing home surveillance cameras

Nursing home surveillance cameras have been allowed in nearly a dozen states. With Florida having more nursing homes than most other states, and South Florida in particular being a hotspot for retirement, assisted living and nursing care are highly sought after in the state. This in turn has resulted in increased nursing home abuse and negligence cases, leaving loved ones and their families searching for answers and accountability in instances of negligence, abuse, rape, and even wrongful death in nursing care facilities. One such potential solution is the installation of nursing home surveillance cameras in the rooms of nursing home residents....

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21 May
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COVID-19 And Birth Injuries Including Medical Malpractice Negligence

Posted by mslaw
in Birth Injury, Covid-19, Current Investigations, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
COVID-19 and birth injuries

Both COVID-19 and birth injuries create difficult and even devastating situations that can wreak havoc on the lives of individuals and families. But when COVID-19 is the cause of birth injuries — including deaths — due to medical malpractice negligence, new circumstances emerge and different legal strategies are required to ensure justice and secure financial resources for medical needs. According to the CDC, those who are pregnant or were recently pregnant carry an increased risk of becoming severely ill or dying from COVID-19 compared with those who are not pregnant. 1 This includes illness that requires pregnant individuals to be hospitalized,...

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