If the visitor knows there is no handrail and still falls down the stairs and is injured can he bring a claim for compensation?The answer, according to the very recent appellate decision of MILLER v. SLABAUGH, 2D04-3799 (Fla.App. 2 Dist. 2005, is yes. The reason lies in the twofold duty that a landowner owes to a visitor. The result of this decison is the right of an injured person to present...
According to an article published in the August 30, 2005, issue of the Canadian Medical Association Journal (CMAJ. 2005;173:510-515)the medication histories obtained at the time of admission are frequently erroneous or incomplete. And, the error and omissions are potentially very harmful.Conclusion: accurate medication histories at the time of hospital admission are an important element of...
Reuters Health reports that MRSA infections which are spreading in hospitals are not being recognized or treated as promptly as it should."NEW YORK (Reuters Health) - Even with early therapy, infection-related mortality from nosocomial bacteremic Staphylococcus aureus pneumonia (NBSAP) is high, according to a report in the September issue of Chest. [Nosocomial is a fancy word for "acquired in...
Tampa Bay Online has reported on a significant wrongful death verdict in Tampa. I congratulate counsel from Pinellas County who obviously presented a compelling case for the anguish of the family over this tragic loss."TAMPA - The parents of a motorcyclist who died in an accident with a tractor-trailer won a $15 million verdict in a trial that ended Wednesday.About 4 p.m. on Oct. 31, Jeremy T....
The following article from the Tallahassee Democrat shows that our legal system can respond in unusual and helpful ways when a disaster strikes: PENSACOLA, Fla. - The American Red Cross relief fund for Hurricane Katrina victims will receive $700,000 that remain from an antitrust lawsuit that was settled more than 10 years ago, a federal judge has rled.The following article from the Tallahassee...
Just who is responsible for the timely and safe evacuation of the residents of nursing homes?The Louisiana Attorney General has got it right. The professions who were entrusted with the lives of their residents had the responsibility to provide a timely and safe evacuation. The relatives of the deceased residents will forever live with their loss and do not need the additional burden of the...
A patient in Tampa Bay who was provided prescriptions by his treating physician for over twice the proper number of Duragesic Patches, in increasingly more potent doses, was found dead by his wife on his living room couch in Florida.Had the doctor taken his patient on a downward spiral of narcotic addiction and dependence...?The medical records of the prescribing doctor held the answer to this...
The Florida Supreme Court has ruled that a city’s public swimming area creates a duty to warn the public of certain dangerous conditions.The Court determined that a jury, under these circumstances, should be permitted to decide whether the city knew or should have known of the riptide at the city beach and whether it breached its duty of care by not warning of the danger it created.The...
Guy Perenich is 50 years into his law practice now and still fighting daily for the rights of his injured clients. And, still teaching me and the other six attorneys at our firm how to do it right.Guy is no Greedy Trial Lawyer, and he had put his mark or stamp on all of us at Perenich, Carroll, Perenich, Avril, Caulfield & Noyes, P.A. He will not permit us to perform at less than our very best...
The U.S. Consumer Product Safety Commission (CPSC) estimates that "8,000 to 10,000 victims are treated annually in U.S. hospital emergency rooms for injuries associated with the tipover of furniture. CPSC also receives reports of about 6 deaths each year. The majority of these injuries and deaths are to children."There are voluntary standards that apply to the children's furniture manufacturing...
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