- Bob Carroll | June 30, 2006 6:19 PM |
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Defective & Dangerous ProductsIt may be time to check the filter on your hot tub. You may be soaking with Legionnaires' Disease. This Cruise Ship Report has the details.A federal court jury in New York on June 28th awarded Celebrity Cruise Lines, Inc. $193 million in damages in a suit stemming from a 1994 outbreak of Legionnaires' Disease on the cruise ship Horizon.At least 16 persons who had sailed on nine separate...
- Bob Carroll | June 30, 2006 2:42 PM |
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Head & Brain InjuriesNewsweek is featuring an article by Barbara Stahura about her husband's traumatic brain injury (TBI) and his recovery. Her story expresses the suddenness of the injury, the loss of identity and the miracle of recovery. How My Husband Came Back has a happy ending, an almost complete return of brain function. But, the darkness Ken escaped is well described. A car accident and brain injury...
- Bob Carroll | June 30, 2006 10:15 AM |
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Property Owner's Liability (Slip & Fall)If a young child drowns in a lake, is the owner of the body of water liable? The owner of a body of water is not liable merely because a child may be too young or of insufficient intelligence to understand the open and obvious danger of the water; the responsibility for the care of such children remains with their parents and caretakers. The body of water cases in the State of Florida are...
- Bob Carroll | June 30, 2006 6:07 AM |
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MiscellaneousThis is a first for me. I am going to highlight a major topic at Wikipedia. Actually, I will let excerpts from the Wikipedia article highlight itself. Tort ReformThe term tort reform is used by its advocates to describe a change in the United States civil justice system that they believe will improve its efficiency or reduce litigation's adverse effects on the economy.While the phrase "tort...
- Bob Carroll | June 29, 2006 5:46 PM |
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Workplace InjuriesThe summary of the case sounds almost academic. Claims based on injuries intentionally inflicted by an insurance carrier during claims administration process are not barred by workers' compensation immunity JOSEPH THRISTINO v. CRAWFORD & COMPANY; PARTNERS IN HEALTH; TENET HEALTH CARE CORPORATION, 4th District, 31 Fla. L. Weekly D1761aBut the allegations of the complaint are far from academic. ...
- Bob Carroll | June 29, 2006 6:33 AM |
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MiscellaneousThe St. Pete Times has posted a story that could avoid some injuries this Fourth of July. Four days of Fourth festivitiesIndependence Day falls on a Tuesday this year, stretching out the time available to celebrate the birth of this country.Check out these celebrations all around the Tampa Bay area. If you plan carefully and drive a bit, you can party four days in a row.Instead of buying...
- Bob Carroll | June 28, 2006 2:45 PM |
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Medical MalpracticeI have known for some time that the most dangerous time for a patient in the hospital is often the change of shift. Over the years I have learned of so many bad events during the hand-off from one shift to another that I had begun to refer to the time period as the black hole. Now, a national commission is working on correcting the poor communications that appear to be the source of the...
- Bob Carroll | June 28, 2006 6:43 AM |
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FDA & Prescription DrugsThe New York Times exposes another major pipeline between companies manufacturing drugs and medical devices and the wallets of doctor-researchers. Why don't we just have the drug and medical device companies put all of the doctors on salary? It would make things simpler. Charities Tied to Doctors Get Drug Industry Gifts As she presented research results indicating that a new medical device was...
- Bob Carroll | June 27, 2006 7:51 AM |
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MiscellaneousYesterday, I received a call from Ned, a long time lawyer-colleague and friend. He is having some health problems and, as a result, has been watching more daytime TV. He called me to observe that the frequent lawyer commercials by one particular firm were disconcerting. His feeling was that the firm was claiming to have expertise in virtually every type of personal injury claim. Ned found...
- Bob Carroll | June 27, 2006 7:11 AM |
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MiscellaneousOver at the Legal Reader there is a post regarding the damages that can be sought against a lawyer who botches a lawsuit.Illinois Court Limits Awards in Legal Malpractice CasesIn a 4-3 decision that aids lawyers accused of malpractice, the Illinois Supreme Court on Thursday limited the type of damages that clients can receive from attorneys who botch a lawsuit. In a first-of-its-kind case in...
- Bob Carroll | June 26, 2006 6:14 PM |
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Medical MalpracticeWhen a prescription for 30 days of painkillers is refilled by a pharmacy at less than 10 day intervals, what is going on? For one thing, it is likely that the patient is abusing the medication. For another, the pharmacy may become liable for harm caused by the overuse of the drugs. The Miami Herald reports on a decision of the Florida Supreme Court recognizing the legal responsibilities of...
- Bob Carroll | June 26, 2006 7:41 AM |
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MiscellaneousLaw Blogger John A Day, at Day On Torts, discusses the obligations of an attorney to play by the rules when certain testimony or evidence has been ruled inadmissible in advance by a trial judge. He recalls an incident in which an attorney informed the witness that even though the judge had already ruled the testimony inadmissible it could be volunteered by the witness. Ethical attorneys well...
- Bob Carroll | June 26, 2006 7:18 AM |
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Automobile AccidentsFlorida Today provides us with some thoughts that may keep us from becoming injured victims of road rage. Take the high road on the highwaysCool heads key to avoiding road rageAlthough road rage might not be considered a legal term, it is recognized by the Diagnostic and Statistical Manual of Mental Disorders as an intermittent explosive disorder, a very real behavior pattern that occurs when...
- Bob Carroll | June 26, 2006 7:05 AM |
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Medical MalpracticeA letter not sent: An investigation at the hospital revealed that the letter...had never been sent. The hospital said a temporary secretary had been unfamiliar with correct procedures. When the letter was to inform the patient that his cancer had returned the results are tragic.EXCLUSIVE: NOBODY TOLD TAM HE HAD CANCERHe died in agony after results went missing for 10 months.. now his family...
- Bob Carroll | June 25, 2006 6:48 AM |
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Automobile AccidentsThe Academy of Florida Trial Lawyers continues to work hard for the people of Florida. This time, its strong lobbying efforts have produced a law of great benefit for those injured by taxicabs within the state. Governor Signs Highway Safety and Motor Vehicles Legislation That Includes Taxicab Financial Responsibility is the headline.As of October 1, 2006, financial responsibility of an owner...
- Bob Carroll | June 22, 2006 5:45 AM |
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MiscellaneousYoung children are the most frequent victims of dog bites. Thanks to blogger Bob Kraft for reminding us of this fact and how serious the bites can be.Childhood Dog Bite StatisticsChildren under age one had the highest risk of being bitten, and nearly 75% of the injured children were younger than ten. Half of all dog bites were to the face, head or neck.
- Bob Carroll | June 22, 2006 5:12 AM |
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Medical MalpracticeFinding medical experts to testify against fellow medical care providers in malpractice cases is never easy. Just how vindictive the defendants can be is documented in this item in The Advocate.Doctor wins renewed order in caseA Baton Rouge federal judge has issued a temporary restraining order against a national medical association, protecting a prominent local neurosurgeon who claims he is...
- Bob Carroll | June 21, 2006 7:10 AM |
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Medical MalpracticeWhen can a hospital or other health care organization just let a really bad actor move on to another organization and cause serious injury to unsuspecting patients? It may be OK to keep your corporate mouth shut if the former employee is an accounting clerk who was habitually tardy, but quite another thing to give a former anesthesiologist with a drug problem a favorable recommendation. The...
- Bob Carroll | June 21, 2006 6:58 AM |
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Workplace DiscriminationFedEx Ground does a great job handling packages but not such a great job handling some of its employees. This story from US Newswire is only the tip of the troubles FedEx has brought on itself by trying to be cute with its drivers and their relationship with the company. FedEx Ground Could Be Out Nearly $100 Million from Recent Employment-Related Legal Actions and Tax Assessments(R)ecent cases...
- Bob Carroll | June 20, 2006 6:50 AM |
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MiscellaneousThere is more to preparing for trial in a personal injury case than lining up witnesses, organizing exhibits, preparing arguments and researching the law. One of the most important steps a trial lawyer must take is to properly prepare his client for the trial process. Crucial to prep plaintiffs for trial Preparing a plaintiff for a medical malpractice trial is a balancing act at the best of...
- Bob Carroll | June 19, 2006 4:49 PM |
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Motorcycle AccidentsYou are mounting your chrome-plated Harley-Davidson. Soon the wind will be sweeping through your hair. Boy, are you foolhardy! MSNBC carries this story: Fla. cycle deaths rose since helmet law repealed'Unhelmeted' fatalities in soared from 22 to 250, newspaper reportsMotorcycle fatalities involving riders without helmets have soared in the nearly six years since Gov. Jeb Bush repealed the...
- Bob Carroll | June 19, 2006 7:23 AM |
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FDA & Prescription DrugsAnother class of drugs is being over-marketed while its horrendous risks are being under-reported. This time it is Fosamax and its sister drugs that are the cash cows for Merck and drug manufacturers. So what if the cash cows cause the jaw bone to die.Evelyn Pringle: Cases Against Merck For Fosamax Jaw Bone Damage GrowingMedical professionals need to recognize that Fosamax has only been on the...
- Bob Carroll | June 18, 2006 5:05 AM |
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Wrongful DeathIt's Fathers' Day. A perfect day for a special salute to the national president of MADD, Mothers Against Drunk Driving. What makes him different? Read his story from the Arizona Daily Star.Glynn Birch's life is split in two. There is the life he had before his 21-month-old son, Courtney, was killed by a drunken driver 18 years ago. And there is the life that has evolved since, which he often...
- Bob Carroll | June 18, 2006 4:52 AM |
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MiscellaneousI realize it is popular to knock FEMA for its poor performance during last year's hurricane season, but this year's hurricane season has started - maybe it's time to take another look at the FEMA Website. Or, to bookmark it for future reference. Tampa Bay may well be visited by some very unwelcome storms again.
- Bob Carroll | June 17, 2006 6:24 AM |
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Workplace InjuriesAlmost every year the rights of injured workers are decreased. This process has many working parts. Usually, the Florida Legislature passes some reduction in the benefits available under the Florida Workers' Compensation Law. Or, it passes some procedural change in the claims process. Or, it further eliminates the ability of injured workers to bring civil actions against the wrongdoers who...
- Bob Carroll | June 16, 2006 10:10 PM |
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Head & Brain InjuriesThe New York Times reports on the terribly deficient emergency services and medical care received by a retired journalist who, after a severe beating, was assumed to be just a drunk lying on a sidewalk. I am not surprised that the assumption of drunkenness impacted the attention given to the victim. Over my years of practice I have noted the same attitude toward other unconscious or...
- Bob Carroll | June 15, 2006 3:22 AM |
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Medical MalpracticeLawyers read medical literature from time to time. Sometimes the articles help understand the medicine or science in a particular case. Sometimes they just enlighten us about overall patient safety. A recent medical journal article, The "To Err is Human" report and the patient safety literature makes me wonder if patient safety is really a top priority for the medical profession. The "To Err...
- Bob Carroll | June 14, 2006 6:58 PM |
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FDA & Prescription DrugsAmerica's doctors have decided to put a stop to new drug mania, the immediate huge demand for new drugs by consumers who have been blitzed by multi-million dollar ad campaigns. I salute the medical profession for its determination to restore sanity to the use of prescription drugs.Doctors group calls for limits on drug advertisingThe largest U.S. physicians' group on Wednesday called for...
- Bob Carroll | June 13, 2006 6:38 AM |
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Defective & Dangerous ProductsThe crack of the bat needs to return to kids baseball. Kids and metal bats do not mix. Wooden bats are used by Major League Baseball. Why do our kids have to use aluminum rocket launchers in a sport intended for exercise and fun? School Sports Heads Debate Safety Of Aluminum Bats Some Say They Send Balls Flying Dangerously FastThe crack of the bat needs to return to kids baseball. Kids...
- Bob Carroll | June 13, 2006 3:28 AM |
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MiscellaneousMonday will be the 10th anniversary of the not guilty verdict in the O.J. Simpson double murder trial. The trial lasted just under 10 months. However, the jury returned the verdict after only three hours of deliberation. That was the lead sentence last October of a CBS News article recalling some of the circumstances of the trial and the verdict. O.J. pops up in the news just enough these days...
- Bob Carroll | June 12, 2006 5:21 PM |
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Motorcycle AccidentsIf you are Ben Roethlisberger, who quarterbacked the Steelers to a Super Bowl win, you might like to ride a motorcycle. You might even like to ride it without a helmet. But, the man who quarterbacked the Steelers to four Super Bowl wins, Terry Bradshaw, said Ben should wait until he retires. After a motorcycle crash this week that took Ben to surgery, Terry is looking pretty smart. Why does...
- Bob Carroll | June 12, 2006 6:12 AM |
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MiscellaneousHave you wanted to compare the costs of medical procedures and drugs as easily as you do the costs of books or TV's on the Web? Keep your keyboards handy. According to an article from Massachusetts, internet shoppers in that state may soon add chest X-rays, ultrasounds and tonsillectomies to their virtual shopping carts under a key provision of the state's ambitious new health care reform law....
- Bob Carroll | June 11, 2006 5:58 AM |
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Property Owner's Liability (Slip & Fall)Lately, I have noticed more frequent injuries occurring when handicapped access features of buildings and parking areas are improperly constructed. One example, is the ramp that far exceeds the maximum slope specified in building codes. Another is the lack of safety barriers which is the situation in this report from the Columbia Daily Tribune. Lawsuit filed after injury at downtown Walgreens...
- Bob Carroll | June 11, 2006 5:27 AM |
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MiscellaneousMusic has its place in elevators, cars, concert venues, even business offices. But, after reading a New York Times article it has no place in operating rooms. All I have to know is that 26 percent of anesthesiologists feel music "reduced their vigilance". While in Surgery, Do You Prefer Abba or Verdi? It was a normal day at New York-Presbyterian Hospital in Washington Heights, where music...
- Bob Carroll | June 10, 2006 6:40 AM |
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MiscellaneousThere are times when it is wise to consider a structured settlement of a personal injury claim. This is usually accomplished by the purchase of an annuity on behalf of the victim by the insurance company paying the claim. A short article provides a sad example of its necessity in certain cases.I can add a few comments. The reason for the structured settlement annuity is to protect you as the...
- Bob Carroll | June 09, 2006 7:34 AM |
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Automobile AccidentsEven when the traffic is headed in the right direction on U.S. 19 we all know that the highway can be a real challenge. Insert a drunk driver traveling in the wrong direction and it can be a disaster. The Tidwells, who were injured and taken to the hospital, did the best they could to avoid Teresa Mascow who was probably not even bruised. Woman charged with DUI after driving wrong wayA...
- Bob Carroll | June 09, 2006 7:17 AM |
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MiscellaneousYou and I may not think of the Taser as a medical device or instrument, but an Orlando police officer apparently does. In fact, the has testified that he twice fired the taser at the patient who was strapped to a hospital gurney in order to save the patient's life. The Orlando Sentinel reports on the trial of the officer for battery by taser. Orlando cop on trial in Taser caseA jury is...
- Bob Carroll | June 08, 2006 6:29 AM |
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Defective & Dangerous ProductsThe dangers faced by firefighters are not always at the fire. The vehicles and equipment they use can also cause serious injuries and death as a report from Texas indicates. Civil suit filed against fire truck maker The parents of an Amarillo firefighter killed when he fell out of the truck while en route to a call last year have filed a lawsuit against the vehicle's makers. Firefighter...
- Bob Carroll | June 08, 2006 6:06 AM |
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Medical MalpracticeA Florida hospital has admitted killing a pregnant patient as a result of a nursing error. The St. Pete Times reports the tragic story.Hospital says error killed womanAn 18-year-old who had come to South Florida Baptist with labor pains received four times the ordered dosage of magnesium sulfate.A pregnant woman died in South Florida Baptist Hospital two weeks ago because a nurse gave her an...
- Bob Carroll | June 06, 2006 7:13 AM |
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MiscellaneousOur Emperor in Tallahassee has spoken. He has vetoed a bill that only received a single no vote in the Florida Legislature. Let me repeat that. The vote in the Senate was 44-0; in the House of Representatives it was 118-1. Is Jeb the Sun God or does he have a mandate from the people to act like one?The Daily Record provides the details: Gov. Jeb Bush...vetoed a bill requiring Florida drivers...
- Bob Carroll | June 06, 2006 6:55 AM |
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MiscellaneousThe Miami Herald says Tort reform must prove itself to the people.In an article that details many of the so-called tort reforms of the last several years the Herald basically says it is time to show me the money.My clients and the other wrongfully injured persons in Florida have paid a huge price for this supposed benefit to our state and society. The changes have harmed real people with real...
- Bob Carroll | June 06, 2006 6:37 AM |
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Workplace DiscriminationA very recent U.S. Supreme Court ruling appears to weaken the rights of some government employees who are fired or experience retaliation for some whistle blowing actions. However, there is still a legal basis to consider legal action when a governmental agency fires or mistreats the good civil servant who puts the spotlight on bad conduct. $250,000 settlement with former utilities worker...
- Bob Carroll | June 06, 2006 6:21 AM |
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Wrongful DeathEven a death row inmate in America is entitled to protection from violence and a violation of his constitutional rights. That is the court ruling reported by the Daily Comet.Former head of Florida prisons can be sued for death of inmateA federal appeals court ruled that relatives of a death row inmate who died after a confrontation with prison guards can sue the former head of Florida's...
- Bob Carroll | June 06, 2006 6:08 AM |
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Wrongful DeathLawsuits can take years to get to trial and thousands of hours of legal work. The litigation concerning the death of a University of Florida freshman football player right after a practice session in 2001 is a good example. The present status of the case is reported by FLORIDA TODAY.Autin's family alters lawsuitGAINESVILLE - Almost five years after Florida freshman football player Eraste Autin...
- Bob Carroll | June 03, 2006 5:23 AM |
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Automobile AccidentsFewer gypsy truckers may be on the highways because of a ruling by the New Jersey Supreme Court. If your business is the hauling of materials on the highway why should you be permitted to use uninsured, unregistered, uninspected, poor driving "independent contractors" (gypsy truckers) to start with? But, if that is the way you run your business, why should you avoid legal liability for the...
- Bob Carroll | June 02, 2006 6:05 AM |
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Head & Brain InjuriesIt's a long letter but an important request for help so here it is in its entirety. The Brain Injury Association of America needs your help to reauthorize and fully fund the Traumatic Brain Injury Act. Please act on both items before June 7, 2006. Support the TBI Act of 2006 Congressional Brain Injury Task Force Chairmen, Rep. Bill Pascrell (D-NJ) and Rep. Todd Platts (R-PA) plan to introduce...
- Bob Carroll | June 02, 2006 4:51 AM |
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Nursing Home & Elder AbuseOver at OpEdNews.com there is a lengthy article that details some of the most egregious nursing home misconduct imaginable. The disgusting incidents described are truly shocking. Amazingly, all of the patient abuse and neglect occurred at the facilities of one nursing home company, Beverly Enterprises.Beverly Enterprises - Poster Child Of Fraud And Neglect In Nursing Home Industry Nowhere in...
- Bob Carroll | June 01, 2006 10:05 AM |
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Workplace DiscriminationA tip of the hat and maybe even a 21 gun salute should go to attorney Thomas S. Neuberger who fought for the rights of three Delaware State Troopers. Employees should be able to speak candidly about unsafe or unhealthy conditions in the workplace. Troopers awarded $2 million in lawsuitState police leaders were accused of retaliationWILMINGTON -- A federal jury awarded nearly $2 million...
- Bob Carroll | June 01, 2006 6:00 AM |
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Medical MalpracticeBusinessmen like to get to the bottom line, the real facts. Crain's Cleveland Business reports on the latest Harvard study of our medical malpractice system.Malpractice realitiesA new Harvard study suggests that the country's medical malpractice system, while far from perfect, is not exactly the hotbed of payouts for frivolous lawsuits that critics -- primarily doctors and business groups --...