- Bob Carroll | September 30, 2005 4:53 AM |
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Automobile AccidentsWe pay our respects to a 24 year old actor and legend who was tragically killed in a car-truck accident on September 30 1955. Dean was headed to Paso Robles. Donald Turnupseed, driving a Ford pickup truck, tried to make a left turn off Highway 41. The promising future of James Dean makes his death particulaly tragic, but all of us have a future we should not risk on the assumption that the...
- Bob Carroll | September 30, 2005 4:07 AM |
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Automobile AccidentsFive short paragraphs posted at incuspace.com are packed with excellet safety tips for avoiding auto accidents. Sample tips: "Speed is a major factor in many accidents. Driving too fast for condition of the road, weather, vehicle or driver increases your chances of having an accident. Reduce speed during adverse weather conditions.....Five short paragraphs posted at incuspace.com are packed with...
- Bob Carroll | September 29, 2005 12:18 PM |
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Medical MalpracticeAstraZeneca is reporting TOPROL-XL medication errors according to NewsInferno.com. TOPROL-XL, a beta blocker taken for the treatment of conditions such as hypertension and angina pectoris, is being confused in pharmacies and doctor offices with Topamax, indicated for the treatment of epilepsy and migraine prophylaxis. AstraZeneca is reporting TOPROL-XL medication errors according to...
- Bob Carroll | September 29, 2005 8:59 AM |
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Automobile AccidentsAn SUV passenger tells the driver the roadway to the rear is clear. When the driver backs he hits a motorcycle and injures a passenger on it. A Florida appeals court has just ruled that it is possible that the SUV passenger could be held liable for the injuries to the motorcycle passenger but certifies the matter to the Florida Supreme Court.The driver of the SUV wants to back up, but cannot...
- Bob Carroll | September 29, 2005 6:27 AM |
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MiscellaneousThe Florida Masochist has just awarded the knucklehead of the day award to the Florida Department of Transportation or DOT. for the design of woefully inadequate interchange in the Jacknsoville Florida area that cost taxpayers 107 million. The Florida Masochist has just awarded the knucklehead of the day award to the Florida Department of Transportation or DOT. "They get today's award for their...
- Bob Carroll | September 29, 2005 5:53 AM |
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MiscellaneousWould you feel comfortable if a juror hearing your medical malpractice case was the personal banker for the doctor defendant? My client and I didn't.Would you feel comfortable if a juror hearing your medical malpractice case were the personal banker for the doctor defendant? My client and I didn't.I worry that too many obvious prejudices are permitted to lurk in the back of the minds of many...
- Bob Carroll | September 29, 2005 5:09 AM |
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MiscellaneousA new Florida law allows the use of deally force in self-defense. An intrernational campaign aimed at travelers to Florida is about to be launched. Can this be a good thing? A new Florida law allows the use of deally force in self-defense. An intrernational campaign to warn travelers to Florida is about to be launched. Can this be a good thing?A Florida newspaper reports gun-control advocates...
- Bob Carroll | September 28, 2005 10:46 AM |
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FDA & Prescription DrugsWebMD is reporting that the FDA, based on a new study of Paxil, now warns that the antidepressant may be associated with birth defects. The warning is directly particularly at for women taking Paxil in the first trimester.WebMD is reporting that the FDA, based on a new study of Paxil, now warns that the antidepressant may be associated with birth defects. The warning is directed particularly at...
- Bob Carroll | September 28, 2005 8:38 AM |
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MiscellaneousI do not like "Lawsuit Funding." I understand its appeal, I do not like what I have seen. Best advice is to seek money or loans from all other sources before considering the Lawsuit Funding industry. Let me get this off my chest. I do not like "Lawsuit Funding."I understand the appeal of the offer of money now instead of down the road when a settlement or verdict occurs. I understand the...
- Bob Carroll | September 28, 2005 7:21 AM |
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MiscellaneousWitnesses say the security staff and police at Raymond James Stadium used unnecessary roughness when fans rushed the field after a USF Bulls victory. There is the history of some post-game celebrations that require the effort to keep fans from the playing field. But, excessive force by police in crowd control or making an arrest can itslf be a problem and cause injuries."Fans want call of...
- Bob Carroll | September 27, 2005 6:43 AM |
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Defective & Dangerous ProductsThe New York Times sheds some needed light on the cute connections between research and marketing in some medical device companies. "By January, about 80 cardiologists nationwide completed an evaluation run by the Guidant Corporation of one of its products, an improved electrical component, known as a lead, that connects an implanted cardiac device to the heart.""The program did generate...
- Bob Carroll | September 27, 2005 5:43 AM |
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Property Owner's Liability (Slip & Fall)"A rollator is basically a standard walker with tires attached. Unlike a regular walker, a rollator doesn't involve the lift that a normal walker requires. Makes walking a smoother process. A rollator however requires that the user be stable enough to not let it get away from them since it has wheels."A curb and a short patch of grass were hazardous conditions for my client. Because of her...
- Bob Carroll | September 27, 2005 4:40 AM |
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Medical MalpracticeMichigan lawyer, Aaron Larson, blogging on The Stopped Clock, shoots down a proposal to create a schedult of damages for malpractice cases.To his thoughts I would add my own: Why not focus on stopping the malpractice instead of reducing the compensation to its victims. If half as much effort were to be expended in improving the quality of patient care as is involved in creating "certainty and...
- Bob Carroll | September 25, 2005 9:09 AM |
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MiscellaneousJennifer Creer, on Blogging Baby, asks this question and explains how she felt after she took a motorcycle ride this month.I applaud Jennifer's consideration of these issues.I would not pretend to be an expert on the risk-benefit of motorcycle riding for mothers. However, I do know how I feel when I see children trying to stay attached to an adult on a motorcycle or perched in the lap of a...
- Bob Carroll | September 25, 2005 4:44 AM |
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Medical Malpractice"Does the evidence support the use of spinal and epidural anesthesia for surgery?"This is the question asked in the excellent medical journal article just published in the Journal of Clinical Anesthesia atVolume 17 • Number 5 • August 2005.Spinal anesthesia can result in bleeding into the epidural space which, if not diagnosed and treated within a very short window of time, may lead...
- Bob Carroll | September 25, 2005 3:25 AM |
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FDA & Prescription DrugsTwo new drug studies may explain why we are spending lots more on new drugs and not getting any better. According to one study, published in the Journal of the American Medical Association, total U.S. spending on medical research has doubled in the past decade, nearing $95 billion a year. But we're not seeing the results we might expect.A second study comparing schizophrenia drugs has found that...
- Bob Carroll | September 24, 2005 11:08 AM |
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Medical MalpracticeA breakdown in communications between an obstetrician and a Spanish-speaking pregnant mother may have resulted in injuries to a newborn child in the Florida case of TORRES v. SULLIVAN, 2D03-5227 (Fla.App. 2 Dist. 2005).The standard of care provided to an expectant mother regarding delivery should not be lowered because she does not speak English. Nor should the expectant mother be expected to...
- Bob Carroll | September 24, 2005 10:20 AM |
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Property Owner's Liability (Slip & Fall)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...
- Bob Carroll | September 24, 2005 5:59 AM |
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Medical MalpracticeAccording 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...
- Bob Carroll | September 24, 2005 5:29 AM |
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Medical MalpracticeReuters 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...
- Bob Carroll | September 24, 2005 4:30 AM |
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Motorcycle AccidentsTampa 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....
- Bob Carroll | September 22, 2005 7:30 AM |
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MiscellaneousThe 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...
- Bob Carroll | September 22, 2005 6:15 AM |
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Nursing Home & Elder AbuseJust 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...
- Bob Carroll | September 21, 2005 4:06 AM |
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Medical MalpracticeA 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...
- Bob Carroll | September 21, 2005 3:50 AM |
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Wrongful DeathThe 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...
- Bob Carroll | September 20, 2005 8:57 AM |
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MiscellaneousGuy 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...
- Bob Carroll | September 20, 2005 6:13 AM |
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Defective & Dangerous ProductsThe 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...
- Bob Carroll | September 19, 2005 5:04 PM |
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Medical MalpracticeMore and more Americans are being treated for diabetes each year. But, are they being properly treated? Or, are preventable complications, such as blindness, occurring unnecessarily?Government statistics show that “as many as 24,000 Americans go blind each year from preventable complications of diabetes,” according to Patrick A. Malone...More and more Americans are being treated...
- Bob Carroll | September 19, 2005 10:13 AM |
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Head & Brain InjuriesFrom England comes the results of a study of long term consequences of traumatic brain injuries from the perspective of the victims themselves.“Head injury leads to a wide range of emotional, social, cognitive and physical difficulties, with primary care teams and various speciality services providing support and care to those who have returned to a home environment. Whilst most areas of...
- Bob Carroll | September 19, 2005 7:32 AM |
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Medical MalpracticeWould you want to serve as an ignorant guinea pig in a totally unstructured drug experiment the next time you visit your physician? ...The explanations of the practice of off-label prescribing by medical providers are often very simple and direct. Basically, from the providers’ perspective, it is a necessary tool to more properly treat a medical condition. Unfortunately, bad things happen to...
- Bob Carroll | September 18, 2005 6:59 AM |
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MiscellaneousAfter hearing the testimony of Judge John G. Roberts I am left with one troubling and ironic question – why would a President who admires Justices Scalia and Thomas as model Supreme Court Justices nominate him? Has Judge Roberts used the secret handshake of the Originalist Society?It is troubling to suspect that he has revealed a lot more to somebody than he has to the Senate...