Every week I learn of an injury inflicted upon an elderly resident of a nursing home or assisted living facility in the State of Florida. Abuse and negligence often are the cause. When that is the case there is a need for our firm and other personal injury attorneys to step up and provide assistance. The effort frequently involves the filing of a claim for compensation. There are other...
The FDA is confusing the nation's doctors with its drug advisories. As a result, the doctors are turning to private companies who may be more interested in earning a buck than educating the doctors. Lost in this mess is the patient who takes the drugs prescribed by the confused doctors being helped by the private shills. Does this make you feel safe taking that new prescription to the...
Foolish me - I thought the so-called "tort reform" effort in the Florida Legislature to restrict expert witnesses in medical malpractice cases to Florida doctors (or the chosen few who are certified as acceptable witnesses) was intended to dry-up the pool of experts willing to testify on behalf of injured patients. After all, if all potential medical experts had to come from the State of...
How can an organization call itself FreedomWorks Florida and continuously lobby for the interests of large corporations? This week FreedomWorks Florida is sounding the trumpet because it has succeeded in its effort to abolish the legal doctrine of joint and several liability in the Florida civil justice system. By its own statements Freedom Works aligns itself with the "deep pockets" of the...
There is a doctrine in the law of the State of Florida that frustrates justice and provides immunity to many medical providers. The doctrine requires that the damages awarded to a patient victim of medical malpractice are limited to only those "more likely than not" to have been caused by the misconduct. On the surface, this doctrine or rule (created in the Gooding Case) seems perfectly fair. ...
Most workers assume that injuries or deaths that occur on a worksite are exclusively covered by the Florida Workers' Compensation Laws. There are circumstances, however, when the law permits a claim under Workers' Compensation and what are called third party claims against other responsible persons or companies. Because the compensation scheme of the official Workers' Compensation program is...
Children's flashlights sold at Target are the subject of a nationwide recall because of a lead paint hazard. The Little Tikes Co. Recalls Animal-Shaped Flashlights Containing Lead Paint Sold at TargetThe U.S. Consumer Product Safety Commission, in cooperation with the Little Tikes Co., of Hudson, Ohio, has announced a voluntary recall of Glowin' Dino and Glowin' Doggy Animal Flashlights. ...
Every tort claim involves a victim, a real human who has suffered a loss. Sometimes that fact gets lost in the discussions of the "civil justice system" or the need for "tort reform." I meet every day with ordinary folks who have experienced extraordinary injury and grief at the hands of a wrongdoer. They ask for compensation knowing that, at best, it will never make them whole or return them...
Kevin MD posts a short article that raises some questions about the reporting of possible child abuse. I do not have the ability to judge the limited facts presented, but both the reporter and the alleged abusers have rights. And, most importantly, the rights of any abused child should trump them all. Frivolous? An interesting case where parents are suing a doctor for a Munchausen syndrome by...
I have to say that this is a real public service. For the first time, patients can take a quick quiz to learn how successful they might be in a potential or current Social Security disability claim. The quiz was developed by culling results of over 1,000 cases, and detailed psychological testing by a licensed psychologist and vocational expert who testifies for the Social Security...
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