- Bob Carroll | February 28, 2006 8:47 AM |
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Medical MalpracticeKevin 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...
- Bob Carroll | February 28, 2006 8:24 AM |
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MiscellaneousI know it will be hard to believe but it turns out that some of the customers of a Florida escort service engaged in illegal activities with their escorts.Man charged in Florida prostitution ring sues clientsA Dutch man who went to jail and was deported for running a big escort service in Fort Lauderdale, Florida is suing six former customers.Arthur Vanmoor said the customers broke the law after...
- Bob Carroll | February 22, 2006 6:48 AM |
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Medical MalpracticeAre patients unfairly alleging malpractice when their doctors make a mistake? Should a professional, such as a doctor, be cut some slack because he didn't mean any harm? Peter Coffee, who apparently works in the field of software security, has posted an opinion article on the concepts of professionalism and malpractice that is right on point. Opinion: If practice makes perfect, does imperfect...
- Bob Carroll | February 22, 2006 6:38 AM |
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MiscellaneousThe hugs and thanks of injured victims give a Cape Coral lawyer-legislator fulfillment he had not experienced in 17 years defending against the claims of the same victims. Welcome to the Plaintiffs' Bar, a legal practice that does make a difference, one client at a time.From the Tallahassee Democrat:Jeff Kottkamp used to defend corporate behemoths like Publix Super Markets against...
- Bob Carroll | February 21, 2006 7:19 AM |
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Medical MalpracticeMany of the serious risks of anesthesia extend to what is called Monitored Anesthesia Care (MAC) according to a recent medical journal article. MAC is intended to provide a patient with anxiety relief, amnesia, pain relief, comfort, and safety during a procedure. MAC is often used by patients undergoing uncomfortable procedures and minor surgeries which do not require general anesthesia. The...
- Bob Carroll | February 21, 2006 5:38 AM |
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MiscellaneousPrudential Insurance Company denied the existence of a $1 Million life insurance policy. The jury said the policy existed and assessed punitive damages for good measure. Jury awards doctor's family $36M Life insurance company claimed doctor's policy worth $1M didn't exist JACKSON (AP) -- A Hinds County Circuit Court jury has awarded more than $36 million in damages in a lawsuit against...
- Bob Carroll | February 20, 2006 10:40 AM |
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MiscellaneousAn opinion piece in the Tallahassee Democrat, quoted below, paints trial lawyers who represent the injured as 1) a blight on society and 2) objecting to a totally "fair" legislative effort to abolish the doctrine of joint and several liability in the State of Florida. It is probably beyond my ability within a single article to address the good or bad results of trial lawyers who have sought...
- Bob Carroll | February 20, 2006 9:32 AM |
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Wrongful DeathOne of the most difficult emotional burdens to bear is the death of a child. I do not know how I would deal with such a tragedy in my life, but I know there is support available in most communities for the surviving family members. One helpful article is highlighted below.Surviving the deaths of childrenGroup helps families bear the unbearable SANTA CLARITA - They never would have chosen to...
- Bob Carroll | February 18, 2006 5:45 AM |
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MiscellaneousI 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...
- Bob Carroll | February 18, 2006 5:33 AM |
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Automobile AccidentsA case the city attorney's office initially tried to settle for $25 ended with a jury award of $650,000 for a man injured in a car accident with a St. Petersburg police officer. The St. Pete Times tells us why a police office driving at 2 a.m. without headlights on Central Avenue is a definite no-no.ST. PETERSBURG - Delon Walton, 28, and his friend, Ricardo Robinson, 29, were leaving the...
- Bob Carroll | February 17, 2006 6:06 AM |
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MiscellaneousThe National Library of Medicine (NLM) may be one shining star in our government's efforts to educate and protect us from harm. The goal of NLM's MedlinePlus is to bring appropriate, authoritative health information to those who need it.MedlinePlus has produced a dandy in Evaluating Internet Health Information: A Tutorial from the National Library of MedicineThis tutorial teaches you how to to...
- Bob Carroll | February 15, 2006 12:02 PM |
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Wrongful DeathA verdict has been rendered in a wrongful death lawsuit involving allegations of improper repairs to an airplane engine. A widow and her seven children will receive $4 million according to a summary posted by NewsInferno. Certified Engines Unlimited, Inc. was ordered to pay for negligently "failing to properly inspect, service and repair the aircraft, and for failing to warn the pilot and...
- Bob Carroll | February 15, 2006 5:28 AM |
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Automobile AccidentsToday, while reading a news report, I remembered a tragic death in Pinellas County a few years ago. I represented the family of a wonderful women who was killed while trying to walk across US 19 in Palm Harbor. She was returning home from work and was crossing the roadway at an intersection which did not have a crosswalk or traffic signal. It was in a stretch of US 19 without any nearby...
- Bob Carroll | February 14, 2006 5:28 AM |
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MiscellaneousThinking of giving a lacy teddy to your secretary for Valentine's Day? You may want to just go with a handshake.Survey says romance at work OKTwo Valentine's Day polls report that more than 70 percent of employers don't have written policies against office dating, on grounds they see "no pressing need" and, among those who do, just 9 percent ban office dating outrightFifty-four percent of men...
- Bob Carroll | February 14, 2006 5:06 AM |
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Wrongful DeathA city park should be a peaceful and safe place. It should not be dangerous for visitors to sit at park tables. Some months ago a Florida woman was killed when she was crushed by a falling tree branch while sitting with two adult children in the shade of an old oak tree. Wrongful death lawsuits have been filed alleging that the city was negligent in the maintenance of its park. If the city...
- Bob Carroll | February 14, 2006 4:28 AM |
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MiscellaneousSecret (confidential) settlements are becoming more and more common. They are virtually standard practice in medical malpractice cases and cropping up more often in other types of claims. Ninety-nine percent of the time it is the defendant who seeks to impose secrecy upon the settlement process. My views are parallel to those expressed in this out-of-state editorial regarding the...
- Bob Carroll | February 12, 2006 6:25 AM |
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Defective & Dangerous ProductsBreast implants are back in the news again. This time breast cancer patients are not getting the attention from the FDA they deserve.Report Discusses Role Of FDA In Determining Safety Of Reconstructive Breast Implants"Decisions in the Dark: The FDA, Breast Cancer Survivors and Silicone Implants," National Research Center for Women and Families: The report looks at the lack of short- and...
- Bob Carroll | February 11, 2006 7:25 AM |
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Nursing Home & Elder AbuseNursing Home Residents Storm Tallahassee To Protest Legislature's Dishonesty - that should be the headline in newspapers throughout the State of Florida. The legislative flim-flam that took away their rights in exchange for promised improvements in nursing home care that will likely never occur should be recognized for what it was. It was a fraud, pure and simple. Read the story from the...
- Bob Carroll | February 11, 2006 6:36 AM |
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MiscellaneousIn honor of the birth of my second grandchild less than two weeks ago let's talk about car seats for infants and all small children. An article at Medical News Today says what needs to be said. "A car seat is perhaps the most important piece of baby equipment that you will ever buy. Since an unsecured child could easily be injured in the event of a car crash, you'll want to make sure that you...
- Bob Carroll | February 10, 2006 4:21 PM |
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Property Owner's Liability (Slip & Fall)Can a school be legally liable if one of its students is struck by a vehicle while crossing a public highway between a dormitory and a building housing the cafeteria, mail center, and bus stop? According to a new appellate court decision in Florida:The school's decision to place its dormitory buildings on either side of a busy urban highway, requiring its students on one side to cross the...
- Bob Carroll | February 10, 2006 6:09 AM |
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Defective & Dangerous ProductsThe Daily Health Policy Report from the Kaiser Network focuses on the need for increased vigilance of the performance of medical devices, such as the Guidant cardiovascular defibrillators, after they are introduced into the market. When the market includes my body I say bring on the vigilance. FDA officials on Thursday held a "rare media briefing" to detail "problems they face in monitoring"...
- Bob Carroll | February 10, 2006 5:27 AM |
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Nursing Home & Elder AbuseMy father lived for more than four years at the end of his life at an assisted living facility in Palm Harbor. He received excellent and compassionate services in a setting that was safe and properly supervised. That same facility has now been shut down by state officials because of health and safety violations. What could have caused the changes at the Long Shadow Inn in the years since my...
- Bob Carroll | February 10, 2006 5:19 AM |
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Medical MalpracticeSerious injuries and deaths are occurring as a result of medical malpractice in VA hospitals across the nation. Should a patient or patient's family consider filing a federal tort claim for injuries when this occurs? The Federal Tort Claims Act covered under Title 28 of the US Code is the appropriate statute to use in cases where medical malpractice or negligence in the VA is suspected. A tort...
- Bob Carroll | February 10, 2006 4:53 AM |
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FDA & Prescription DrugsTwo articles raise concerns about attention deficit drugs. Both articles are posted below in their entirety in order to assure public awareness of these concerns. The drugs include Ritalin, Concerta, Methylin, Metadate, Adderall and Adderall XR. The drugs may be linked to an increased risk of death and injury. Special warnings on attention deficit drugs urged Associated Press WASHINGTON --...
- Bob Carroll | February 09, 2006 10:36 AM |
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MiscellaneousA trial judge must sometimes withdraw from presiding over a legal matter. There are times when his withdrawal (called a recusal) is mandated by the facts, and there are times when he must deliver on his promise to do so.A very recent appellate decision in Florida in a wrongful death lawsuit against a nursing home tells of a trial judge who voluntary disclosed that he was personally acquainted...
- Bob Carroll | February 09, 2006 6:11 AM |
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MiscellaneousBoot camps for juvenile offenders are intended to provide a strict regime that leads to a better life. The Miami Herald reports on a camp session that got tragically out of hand. Guards seen beating teen in videoA 14-year-old boy was ''brutally'' beaten by guards and ''flung around like a rag doll'' at a boot camp for juvenile delinquents in Panama City hours before he died at a Panhandle...
- Bob Carroll | February 09, 2006 5:52 AM |
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MiscellaneousFrom the Krafty Librarian we can now access a number of podcasts on medical topics. These are easily heard or viewed on an iPod or PC. Special note - the Librarian is, indeed, Krafty, but warns that the quality of each Podcast cannot be assured.Here is the list of medical podcasts I have compiled so far.http://www.kraftweb.net/kl/podcasts.docAs the list grew it became easier to manage it in a...
- Bob Carroll | February 09, 2006 4:41 AM |
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Medical MalpracticeA navy wife makes the discovery that her Navy pilot husband, who is on active duty in the military, would be barred from suing the federal government for any medical malpractice that caused him injury. Her post at PalmTree Pundit expresses her feelings that this is more than unfair and contains a very good, short explanation of the situation.Under the Federal Tort Claims Act and a U.S. Supreme...
- Bob Carroll | February 07, 2006 7:13 AM |
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MiscellaneousWhile the rest of us go about our lives trying to do the right thing, it appears that some medical professionals in South Florida were working on the big score. One of the doctors caught up in the prescription insurance scam says he chose his friends poorly. I would say that was the least of his sins.From the Palm Beach Post:Four indicted in multimillion-dollar health-insurance scamWEST PALM...
- Bob Carroll | February 07, 2006 5:26 AM |
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Property Owner's Liability (Slip & Fall)Is insurance sometimes just a masquerade? That is the question a judge in Tampa will have to answer. The story on TBO.com could be headlined, Now You See It, Now You Don't. Colony Insurance Says Club Slaying Is Not CoveredTAMPA - The insurance company for an Ybor City nightclub where a man was fatally stabbed in June says it should not have to pay if the club loses a wrongful death lawsuit.On...
- Bob Carroll | February 07, 2006 4:59 AM |
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Medical MalpracticeA post on The Krafty Librarian provides some useful medical information about Florida hospitals:"For those who live in Florida...the web site, Florida Compare Care is available. It discloses each Florida hospital's rate of medical problems in seven categories, including bedsores, hospital-based infections and post-operative complications. However, the web site does not allow for direct...
- Bob Carroll | February 07, 2006 4:03 AM |
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Medical MalpracticeIn case anyone is interested in the underlying facts that are supposedly the driving force behind the claimed need for continued Tort Reform, particularly in the field of Medical Malpractice, there is this post at Evan Schaeffer's Legal Underground:CATO INSTITUTE QUESTIONS LINK BETWEEN MEDICAL MALPRACTICE PAYOUTS AND INSURANCE PREMIUMS . . . In "Defensive Medicine and Disappearing Doctors,"...
- Bob Carroll | February 05, 2006 7:09 AM |
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Medical MalpracticeWould you like to have a sincere apology from a treating doctor if medical malpractice occurs? In case you don't get it from the doctor you can watch a video of what it should look and sound like. The Johns Hopkins Bloomberg School of Public Health provides several variations on the theme.There is an obligation for physicians and hospitals to disclose adverse events. However, it is difficult...
- Bob Carroll | February 05, 2006 6:03 AM |
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Property Owner's Liability (Slip & Fall)The security personnel at concerts can get a little heavy-handed at times. When the guards at a Clear Channel event roughed up one couple they did $650,000 worth of damage - to Clear Channel's wallet. A jury was not impressed with the guards or the hiring practices of Clear Channel. Similar bad manners by concert and event guards have been reported in Tampa Bay.A jury ordered Clear Channel...
- Bob Carroll | February 05, 2006 5:50 AM |
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MiscellaneousColleges must treat students with fairness. A wrongful suspension of a Connecticut student has resulted in a significant verdict of compensatory and punitive damages. The story is posted on MSNBC.BRIDGEPORT -- A Superior Court jury taught an expensive lesson to Fairfield University on Friday, ordering the school to pay more than $111,000 to a former student who the jurors said was wrongly...
- Bob Carroll | February 04, 2006 6:28 AM |
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Medical MalpracticeThe operation was a success, but the patient died. We have all heard this story more than once in our lives. The even more common story is that the operation was a success, but the patient has permanent neurological injuries as a result of the anesthesia. Anesthesia complications are often the tragic permanent injury left behind by the surgical team. Part of the problem, from my point of...
- Bob Carroll | February 03, 2006 5:50 AM |
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Wrongful DeathAttorney Roy L. Glass was at the end of a four week trial delivering his closing argument when he started sobbing. Mr. Glass was experiencing an emotional reaction to the suicide death of John Patterson while an inmate in the Pinellas County Jail. No matter what the circumstances of the incarceration and death, the human tragedy of the death suddenly overwhelmed him. He apologized after...
- Bob Carroll | February 02, 2006 11:05 AM |
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Defective & Dangerous ProductsGolf balls are supposed to come off the head of a golf club at a high velocity. The golf club head, on the other hand, is supposed to remain on the end of the shaft. In Colorado the head of a Wilson pitching wedge left the shaft and struck the head of another golfer, causing very significant injuries. This week a jury tallied up the score.The Colorado story appeared in the Rocky Mountain...
- Bob Carroll | February 01, 2006 6:33 AM |
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MiscellaneousFifty years representing the wrongfully injured in Tampa Bay - that is what Perenich, Carroll is celebrating. We did it, borrowing a phrase from television, one client at a time.In case you are wondering, I joined the firm in 1969. My senior partner, Guy Perenich, was there in 1955 when the law firm was founded, and he is still a strong voice of the injured. Guy continues to seek full...