- Bob Carroll | January 31, 2006 9:09 AM |
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Wrongful DeathTampa Bay highways are becoming a congested nightmare for motorists. Crashes are becoming more and more frequent. Unfortunately, our increased population and large number of visitors are causing the waterways of Tampa Bay to become more dangerous, too. Special care needs to be taken by all boat operators to avoid collisions and dangerous situations, especially where there is congestion. ...
- Bob Carroll | January 31, 2006 7:17 AM |
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Property Owner's Liability (Slip & Fall)A wayward bull reminds us that there is a danger at times just being a spectator at an event. The bull leaped over two barriers in a Mexico City bull ring and injured two very surprised observers. In the U.S. we have the flying puck, the foul ball, the careening race car or its tire, the sliced golf ball, the collapsed bleacher section, the broken railing, the drunken fan, the angry basketball...
- Bob Carroll | January 31, 2006 6:29 AM |
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Defective & Dangerous ProductsWe lawyers are familiar with defective products that can cause injury or death. We would tend to think of a manufactured product, such as, an automobile or a chain saw. But, there may be some really spooky defective products that are of concern in the medical field. It is not an artificial hip. In fact, there is nothing artificial about these products at all. Read parts of the story...
- Bob Carroll | January 31, 2006 6:08 AM |
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MiscellaneousSuicides and accidental releases of inmates keep popping up at the Hernando County Jail. A jail is supposed to confine an inmate and to keep him alive. Seems like pretty basic stuff. If this keeps up somebody might get hurt.A St. Pete Times story tells more.County jail accidentally releases 2 men A lawyer for one of the inmates calls it "the worst-run jail I can remember seeing in my 30 years...
- Bob Carroll | January 31, 2006 5:28 AM |
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Medical MalpracticeA criminal case just concluded in Pensacola underscores the potential for the improper prescription of potent and addictive painkillers by Florida doctors. I have investigated the prescribing patterns of some Tampa Bay physicians and concluded that grossly negligent and reckless practices exist. In one civil action for medical malpractice I have uncovered a beautifully typed office record of...
- Bob Carroll | January 30, 2006 5:22 AM |
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Automobile AccidentsWhen a motor vehicle leaves the roadway and crashes the common assumption is driver error. But,in a surprisingly high percentage of cases a roadway design defect contributed to the crash and, therefore, to any injury or death. An unsafe road may create legal liability for damages on the part of public entities. An article in TRIAL Magazine reminds us of many of the defects that exist on our...
- Bob Carroll | January 29, 2006 8:19 PM |
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Medical MalpracticeBelieve it or not, Tort Reformers, patients are being injured or killed as a result of rampant medical malpractice in our nation's health care system. That is the central point, well documented, in an article at NewsInferno.com. The statistics and specific instances of terrible breaches of the standard of care are compelling.When Doctors Commit Malpractice, Blaming the Lawyers Is Just Killing...
- Bob Carroll | January 28, 2006 12:21 PM |
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MiscellaneousVertebral (spinal) compression fractures can occur as a result of the trauma of an accident. Not much could be done medically to treat these injuries until now. The medical journals are beginning to discuss a new procedure that uses injected bone cement to relieve pain. One of the journal articles is abstracted below. Anterior spinal column augmentation with injectable bone cements - Verlaan...
- Bob Carroll | January 28, 2006 11:05 AM |
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MiscellaneousDear Mr. Gallagher:I happened upon an article in the Insurance Journal about your speech to the Trustees of the Florida Chamber of Commerce.You are a scary guy. You may have had a computer chip inserted into your brain by the Chamber or insurance companies. I recommend an MRI or CT Scan of your head.I know it is customary for politicians to say what a particular audience would like to hear. ...
- Bob Carroll | January 28, 2006 7:11 AM |
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MiscellaneousI am sorry to report that I did not have a jury verdict in the top 10 largest verdicts of 2005. (And, it is doubtful that I ever will.) The report on civil trial verdicts during 2005 makes interesting reading.With a few exceptions, 2005 was not a year for super-sized verdicts, at least not relatively speaking. Taken as a whole, the top 10 verdicts in 2004 were nearly twice the size of last...
- Bob Carroll | January 28, 2006 6:34 AM |
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MiscellaneousJuly 27, 2005, was a really hot day during the national Boy Scout Jamboree. On this single day, 500 or more campers collapsed with heat-related illnesses as they waited for President Bush to arrive. Temperatures were in the 90s and the heat index soared to 121 degrees. A Center for Disease Control (CDC) report criticizes Boy Scout leaders for failing to provide sufficient water and shade to...
- Bob Carroll | January 27, 2006 6:09 AM |
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MiscellaneousHundreds of years of common law development arrived at the conclusion that joint and several liability of wrongdoers was the fairest approach to the compensation of victims of wrongful acts. It generally allows the injured victim to collect all damages sustained and awarded by a jury from any defendant or defendants with the ability to pay (for example, from a liability insurance policy). The...
- Bob Carroll | January 27, 2006 5:02 AM |
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MiscellaneousA trial before a jury of your peers and fellow citizens is not much of a right if you cannot determine if any of them are likely to be biased or prejudiced against you or your claims. This is why attorneys are given an opportunity to question prospective jurors in a process called voir dire (to speak the truth). It is during voir dire when a potential juror may reveal that he simply does not...
- Bob Carroll | January 23, 2006 1:14 PM |
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MiscellaneousBush OSHA nominee heads firm specializing in union busting. David Sirota, Sirotablog, posts about this latest proof of Bush's desire to put a fox in every government henhouse. If every agency of our federal government were to be headed by incompetents or persons dedicated to its failure we would be in serious trouble. People would come to consider government agencies like the FDA, FEMA and...
- Bob Carroll | January 22, 2006 7:39 PM |
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MiscellaneousI have to say that listening to this audio file, a Podcast, makes me feel like an eavesdropper. It is entitled A Patient, an Internet Article, and Thou: Challenges of the Internet in Clinical Practice and gives doctors tips on dealing with knowledgeable patients: This podcast addresses issues a physician should consider when responding to medical research gathered by a patient from the...
- Bob Carroll | January 22, 2006 5:19 AM |
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Medical MalpracticeA report on ABC News highlights the injuries and deaths caused each year by short-handed hospital nursing staffs. The tragic outcome of inadequate nursing care for patient Shirley Keck, which has resulted in a jury verdict of $2.7 Million against the hospital, is said to be the only successful malpractice lawsuit against a hospital citing inadequate nursing. But, the report believes the...
- Bob Carroll | January 21, 2006 6:17 AM |
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Defective & Dangerous ProductsPut this down as one step forward and two steps back. A defective medical device, intended to improve patient safety, has turned out to be the source of serious hospital infections. Rigorous attention to patient safety and monitoring for unexpected spikes in bloodstream infection rates at The Johns Hopkins Hospital led a team of Hopkins specialists to uncover an unintended, surprising safety...
- Bob Carroll | January 21, 2006 5:36 AM |
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Medical MalpracticeSome medical societies are speaking out about Dangers Of Unlicensed Personnel Performing Medical Cosmetic Procedures In Non-clinical Settings according to an article posted at Medical News Today. Personally, spas are for mud packs and hot baths. When I have my skin resurfaced or my lips botoxed I will be seeing a licensed medical provider.Cosmetic procedures, including tissue filler...
- Bob Carroll | January 20, 2006 11:50 PM |
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Medical MalpracticeA woman becomes a quadruple amputee after giving birth Just reading the headline makes someone want to look into the facts. But, getting the facts from medical providers is not easy.How can something like this happen? The hospital claims that she had Streptococcus, a flesh eating bacteria, but they never told her how she got it and if they could have done something else.The woman filed a...
- Bob Carroll | January 20, 2006 11:22 AM |
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Medical MalpracticeRadiology Departments in hospitals seem to have trouble avoiding mistakes in medications according to the Bonita Daily News:A trip to the radiology department for a diagnostic test or procedure, such as an angioplasty or MRI, may be riskier than once thought, based on findings of medication errors connected to radiology departments.Patients are at greater risk for a harmful medication error...
- Bob Carroll | January 20, 2006 10:16 AM |
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Automobile AccidentsEvery parent worries that their teenager who drives could be killed in an automobile accident. It turns out that the teenage driver is far more likely to kill pedestrians or other drivers. The full story is reported in the Star-Telegram:Nearly two-thirds of the victims in fatal crashes involving young drivers are passengers, pedestrians or people in other vehicles, according to an analysis...
- Bob Carroll | January 19, 2006 5:19 AM |
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Wrongful DeathThe trail that lawyers for injured victims must take to obtain just compensation is sometimes difficult, complicated and long. I have to commend the excellent work of Plaintiff's counsel in one Florida Wrongful Death case. The case, DAVIS v. BRUHASPATI, INC., 1D05-2378 (Fla.App. 1 Dist. 2005), is the subject of an appellate court opinion - excerpts are below. Carter is the bad guy who stole...
- Bob Carroll | January 18, 2006 6:24 AM |
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MiscellaneousThree years of television commercials throughout Tampa Bay telling us to call ASK GART when we are injured have spawned some copycats. Suddenly, there are commercials reminding us that we should ASK-KOBY or ASK-JERY or even ASK-DAVE. So, who's a person to ASK?GARY thinks all this ASKing is confusing to injured people so he has gone to court to block KOBY and JERY. The Tampa Tribune carries...
- Bob Carroll | January 16, 2006 12:17 PM |
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Property Owner's Liability (Slip & Fall)The purpose of a boardwalk is to provide a pleasant place for pedestrians to stroll. When a boardwalk becomes so dangerous for pedestrians that caution signs are necessary, some repairs are needed immediately. The John's Pass boardwalk is the proverbial "accident waiting to happen" - when it does happen there will be legal liability for the injuries caused. Tampa Bay's 10 News tells the...
- Bob Carroll | January 16, 2006 9:05 AM |
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Defective & Dangerous ProductsFord both owns and disowns Volvo. Depending on what suits its purposes Ford Motor Company embraces the safety record of Volvo in marketing but fights to keep it out of product liability trials. A USA Today article tells the tale of the bilingual company:Ford Motor is trying to more closely align itself in advertising with Volvo, which it acquired in 1999. But in product-liability trials, Ford...
- Bob Carroll | January 16, 2006 8:35 AM |
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Wrongful DeathOne case at a time jurors are telling employers that permitting drunk employees to drive company vehicles is wrong, wrong, wrong. The Las Vegas Review-Journal posts the story of the latest verdict/message:TERRIBLE HERBST: Family awarded $14.1 million - Woman, 58, died when hit by drunken driver in 2001Rosa Delegado was trying to get into her car on the side of a public street when Darwin Ray...
- Bob Carroll | January 16, 2006 8:05 AM |
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Medical MalpracticeYour thoughts concerning the wording of a new Rule being drafted by the Florida Bar can be made through January 17. The Florida Supreme Court has determined that the victims of medical malpractice have the legal right to waive the provisions of Amendment 3, the submarine effort of the health care providers and insurance companies to deny legal representation to claimants. The Florida Bar...
- Bob Carroll | January 15, 2006 7:42 AM |
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Medical MalpracticeIf you are pondering the pros and cons of internet access to information regarding medical malpractice settlements (and have 20 minutes to spare) read the scholarly article posted at Red Orbit:Redefining the Physician Selection Process and Rewriting Medical Malpractice Settlement Disclosure WebpagesBy Brown, Matthew EEvery state provides publicly accessible physician profiles via the...
- Bob Carroll | January 14, 2006 12:00 PM |
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MiscellaneousI grew up listening to the songs of Conway Twitty. I loved the music and the name. You gotta love it. Apparently, someone feels the same about ConwayTwitty.com. (Don't ask me what this has to do with personal injury law.)Some heirs of the late singing star Conway Twitty have sued the former owner of a fan Web site in Arkansas to gain control of the Conwaytwitty.com domain name.Conway Twitty...
- Bob Carroll | January 14, 2006 4:52 AM |
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MiscellaneousPrisons are intended to deprive inmates of their liberty, not proper medical care. When poor medical care results in serious injury or death prisoners are permitted to seek compensation in civil actions. Two cases of medical malpractice from South Carolina are highlighted in this press release:A Clarendon County, South Carolina jury on Tuesday evening returned a verdict of $825,000 dollars in...
- Bob Carroll | January 14, 2006 4:33 AM |
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Workplace InjuriesWorkplace alcohol use and impairment directly affects an estimated 15 percent of the U.S. workforce, or 19.2 million workers, according to a recent study conducted at the University at Buffalo's Research Institute on Addictions (RIA) and reported in the current issue of the Journal of Studies on Alcohol. Source
- Bob Carroll | January 13, 2006 11:14 AM |
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Automobile AccidentsA news report on TBO.com tells of another tragic accident caused when a motor vehicle entered the interior of a building. News of similar crashes seem to happen more and more frequently. Each requires a special effort to determine what is called the fault tree.A truck has crashed through the windows of a SunTrust bank branch in New Port Richey, injuring the driver and at least two people...
- Bob Carroll | January 13, 2006 9:12 AM |
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Medical MalpracticeI have misplaced my glasses from time to time so I guess it is hard to make the facts of this malpractice case into a criminal matter. But, leaving a foot-long surgical instrument inside a patient seems pretty careless. The official medical malpractice lingo would be a retained foreign object. This surgical team must have had a kickoff to make. The story is posted at Boston.com.A Belmont...
- Bob Carroll | January 13, 2006 6:26 AM |
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Medical MalpracticeMedical providers who prescribe drugs for emotional problems are awakening to the malpractice lurking in those prescriptions. Welcome to 2006, fellas. You are just now getting concerned?Four significant issues have converged to impact and heighten concern about the potential for more malpractice litigation related to psychopharmacology:Psychiatric malpractice lawsuits frequently include...
- Bob Carroll | January 13, 2006 5:40 AM |
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Defective & Dangerous ProductsDo you think it's safe to recline in your passenger seat as long as you have your seat belt on? Think again. From CBS News the story of one reclining passenger:Tami Martin has spent the last six years in a wheelchair after her spine was damaged in a car crash. As CBS News correspondent Mark Strassmann reports, the problem was not the seat belt - she was wearing one - but how she was sitting,...
- Bob Carroll | January 13, 2006 4:55 AM |
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MiscellaneousYou can't spend over 35 years representing the injured and giving voice to their complaints and rights without appreciating that pain is the common disabler of good people. And, you have to realize that many people in pain never obtain relief. A post on RSD - Nothing Left To Chance quotes extensively from a NY Times article by Jane E. Brody who reports that the drugs are available to provide...
- Bob Carroll | January 12, 2006 8:40 PM |
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Medical MalpracticeThe Wall Street Journal's Law Blog casually floats the idea of special courts for medical malpractice claims. Nice try, Wall Street, but I prefer my justice served with fairness and impartiality. Some years ago my clients and I experienced the kind of justice that occurs in a special tribunal in the State of Florida. The special tribunal process was created as part of a pre-suit screening...
- Bob Carroll | January 12, 2006 5:49 AM |
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Wrongful DeathWould you care to guess which sport is the most dangerous for young women? Last summer's death of 14-year-old Ashley Burns illustrates why cheerleading, with all of its highflying, acrobatic, crowd-pleasing stunts, is the most dangerous sport of all for young women. Full article at Boston.com.
- Bob Carroll | January 11, 2006 6:44 AM |
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Defective & Dangerous ProductsThe main purpose of head restraints is supposedly to protect the neck in rear-end collisions. Well, those of us in pickups or SUV's may get a whiplash instead of protection. A CNN report has the details:WASHINGTON (Reuters) - Seat and head restraints in most new sport utilities and all pickups evaluated fell short of providing good protection against whiplash in rear-end collisions, an...
- Bob Carroll | January 11, 2006 6:22 AM |
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MiscellaneousI missed this article posted at The American Lawyer on the never-ending debate over punitive damages. An excellent read. Are punitive damages too high? Two leading scholars crunch the numbers- and come up with very different answers.It might seem that a close look at the empirical evidence-the hard data on thousands of actual cases-would yield some answers. Two widely respected Ivy League...
- Bob Carroll | January 10, 2006 6:56 PM |
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Automobile AccidentsSoon, we may be able to back our vehicles more safely. "The Center for Urban Transportation Research at the University of South Florida is conducting research into rear view vision systems on vehicles." Tampa Bay Business JournalThe Safe Accountable, Flexible Transportation Equity Act: A Legacy for Users has authorized $800,000 for the study. One of the systems being evaluated is PowerLinx...
- Bob Carroll | January 09, 2006 3:09 PM |
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Property Owner's Liability (Slip & Fall)Today, another victim of a poorly maintained floor contacted my office to determine her legal rights. A dangerous condition was permitted to exist in an entranceway. She has been so severely injured that she has required two surgeries and still has a significant impairment. We commonly refer to claims of this nature as slip and fall cases. The more technical category is premises liability. ...
- Bob Carroll | January 09, 2006 10:25 AM |
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MiscellaneousHospital gowns are short and skimpy but not intended to be the curtain for a peep show. The Herald Tribune reports on a hospital employee who needs a new career.PORT CHARLOTTE -- When William Deloge was lying in the emergency room with a tube in his throat, a man charged with his care made a crude game of his vulnerable state.They strapped his arms down because he kept trying to pull out the...
- Bob Carroll | January 09, 2006 5:43 AM |
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Medical MalpracticeHospital infections cause more deaths, but hand-washing is the solution - TimesLeader:A 2003 report in the New England Journal of Medicine called infections "by far the most common complications affecting hospitalized patients."Hospital-acquired infections are the fourth-largest killer in the United States, according to the Committee to Reduce Infection Deaths (RID), a New York-based nonprofit...
- Bob Carroll | January 08, 2006 8:34 AM |
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MiscellaneousUnder Florida's No-Fault Automobile Insurance Law medical expenses and lost income are paid (to a limit of $10,000) by a policyholder's own insurance company regardless of who was at fault in the accident. It places limitations on the right to sue a wrongdoer for damages, creating a verbal threshold, such as, "permanent injury." But, some immediate money is available to victims at a time when...
- Bob Carroll | January 07, 2006 8:39 PM |
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MiscellaneousA recent medical journal article discussed the importance of patient trustworthiness in a pain management situation. I was struck by the parallel to the need for trustworthiness in my legal clients. The medical article focused on the three components of trustworthiness:The subjective nature of pain leads to many treatment difficulties. These problems can often be resolved if we know that the...
- Bob Carroll | January 07, 2006 10:18 AM |
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Wrongful DeathOur entire communiity was sickened last year when Brooke Ingoldsby, an 8-year-old student was killed after being dropped off by her school bus driver at a dangerous intersection instead of her usual bus stop. The St. Pete Times is reporting today that Pinellas school officials have formally admitted negligence on the part of the district bus driver. A mediation is being scheduled in the hopes...
- Bob Carroll | January 07, 2006 7:12 AM |
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Medical MalpracticeFrom England, Korea and other countries researchers are learning what should be common sense: "The growing volume of evidence that surgical expertise has a significant impact on outcome is becoming increasingly hard to ignore" says Professor Ian Fentiman from London's Guy's Hospital. "The days of the occasional breast cancer surgeon are coming to an end." He says the same holds true for other...
- Bob Carroll | January 07, 2006 2:02 AM |
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Workplace InjuriesMothers, don't send your boys to be linemen.An electrical lineman's job is clearly one of the most dangerous in the United States. But the real tragedy, according to veteran linemen, family members, attorneys, and even OSHA [U.S. Department of Labor's Occupational Safety and Health Administration] investigators, is that many of those deaths and horrible injuries could and should have been...
- Bob Carroll | January 07, 2006 1:37 AM |
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Wrongful DeathThe punishment did not fit the crime for a boy at boot camp. Was he restrained to death?PENSACOLA, Fla. -- A 14-year-old boy died Friday after officials said he had to be restrained by guards when he became uncooperative during the admission process at a boot camp for juvenile offenders.Anderson had just arrived at the Panama City camp Thursday and was doing push-ups, sit-ups, pull-ups and...
- Bob Carroll | January 05, 2006 7:07 AM |
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Defective & Dangerous ProductsA woman has just discovered she has syphilis a month after her hospital told her that tissue used in her bone graft may not have been screened for infectious disease. The full story is reported by Newsday. This New York story may well reach into Florida.In October, the FDA notified hospitals across the country, including North Shore LIJ, about allegations that Biomedical Tissue Services of...
- Bob Carroll | January 05, 2006 6:52 AM |
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Automobile AccidentsIf you are not going to wear a seatbelt you may want to drive only in snowy conditions. A Florida man was ejected from his vehicle in a head-on collision and managed to land in a snow bank. Bryan Wieland, 20, who suffered only minor injuries, was able to walk out of a hospital just hours after the crash. The Hartford Courant has the full story of the snowbank landing and one lucky Floridian.
- Bob Carroll | January 05, 2006 6:35 AM |
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MiscellaneousIt is often difficult to survive financially during litigation. For a short and fair discussion of the non-recourse loans against an eventual settlement or other recovery that are being offered to some plaintiffs, read an article from the Palm Beach Post. "Although some say the so-called non-recourse companies are as shady and unscrupulous as loan sharks, others insist they provide needed cash...
- Bob Carroll | January 05, 2006 6:15 AM |
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Wrongful DeathJustice inches forward in both civil and criminal court in a case involving the death of a pedestrian on U.S. 19. Two years after fleeing the scene of a deadly crash, a 30-year-old Port Richey man has pleaded guilty and faces 10 years of probation. The man also faces a lawsuit from the estate of the man who died in the crash.Dec. 23, 2003, just after 2 a.m., Shane Darren Sandau was driving a...
- Bob Carroll | January 05, 2006 6:01 AM |
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MiscellaneousYou might say the spammer got slammered. An Iowa internet service provider has been awarded a $11 billion judgment against a Florida spammer who "sent more than 280 million illegal spam e-mails into C-I-S's network, which provides Internet connections in eastern Iowa and parts of Illinois." Source Doesn't this make you feel just a little better today!You might say the spammer got slammered. ...
- Bob Carroll | January 04, 2006 10:15 AM |
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Medical MalpracticeSpecial Recognition to north Florida resident, Marjorie Hodge, who sent the following message to Gainesville.com: The medical atrocity recently reported at the naval hospital in Jacksonville is just the tip of the iceberg in some government facilities. Apparently, different and much lower standards of care are permitted in a lot of government facilities and it is outrageous that legal assistance...
- Bob Carroll | January 04, 2006 7:54 AM |
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FDA & Prescription DrugsI appreciate the post of New York City Personal Injury Lawyer: "Medical journals are no more than 'an extension of the marketing arm of pharmaceutical companies' because a large proportion of their revenue comes from drug advertisements and reprints of company funded trials, claims former BMJ editor, Richard Smith." Jeremy Thurman has been kind enough to provide a very detailed explanation of...
- Bob Carroll | January 03, 2006 7:25 AM |
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Medical MalpracticeThere may be a new way to get the scoop on a doctor. According to msspnexus blog a web site now allows the public to rate and comment about doctors online. "The site claims that as of today 20,379 physicians have been rated, with 74 new ones added yesterday. Developers assert that the site is changing the way the world looks at medicine by providing patients with the unique opportunity to rate...
- Bob Carroll | January 03, 2006 7:08 AM |
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Defective & Dangerous ProductsWe have a warning from KidneyNotes.com. Danger to Kidneys May Lurk in Some Sodium Phosphate Preparations for Colonoscopy. Quoting from The New York Times: No one disputes that colonoscopies save lives. But recent research has prompted concern that in rare instances certain popular bowel-cleansing preparations that patients gulp down the day before a procedure can severely damage the kidneys. ...
- Bob Carroll | January 03, 2006 6:08 AM |
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Medical MalpracticeWhen a bad result occurs during medical care there may be a culprit hidden from view. Even though electronic health records have been proposed as one way to reduce medical errors, their design can contribute to errors as well. Melonie Nance, M.D., at the annual meeting of the American Academy of Otolaryngology-Head and Neck Surgery Foundation: "The way doctors work, and the way we think about...
- Bob Carroll | January 03, 2006 5:42 AM |
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Automobile AccidentsA Floride appellate court opinion has again reminded us that sometimes the lead vehicle in a rear-end collision can bear some, even most, of the legal responsibility. It appears from the opinion that a jury actually determined the lead driver was more at fault than the rear driver. Because of the doctrine of comparative negligence that jury decision would significantly reduce the damages...
- Bob Carroll | January 02, 2006 6:35 AM |
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Medical MalpracticeWow!! BlueGrassReport's EVEN MORE PHONY Medical Malpractice Lies takes on the "fleeing doctors" claim of the tort reformers and gives it the burial it deserves.