- Bob Carroll | August 31, 2006 9:44 PM |
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Medical MalpracticeQuestion of the week: Why should any state money be spent on the education or training of ob/gyn doctors in Florida if 86% are considering leaving the state to practice medicine?It might be cheaper for Florida, as an inducement to practice in this "judicial hell hole," to pay a portion of the eventual malpractice premiums of medical students in other states who will be practicing in Obstetrics...
- Bob Carroll | August 31, 2006 2:00 PM |
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MiscellaneousAccording to a report in the St. Petersburg Times Certified Athletic Trainers are set to become the latest safety improvement in athletic events and practices at Tampa Bay area high schools. Over the years I have investigated numerous injuries and some deaths occurring during physical education classes, team practices and events. In some instances it was obvious that delay in obtaining...
- Bob Carroll | August 31, 2006 7:52 AM |
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FDA & Prescription DrugsPatients need to know that a particular class of antibiotics can cause ruptures of tendons, such as, the Achilles tendon, the rotator cuff (shoulder), the biceps, the hand, and the thumb. The drug companies say that deep within the printed package insert is a warning of this risk. Public Citizen is petitioning the FDA to require a black box warning. Seems like a good idea to me. Some...
- Bob Carroll | August 31, 2006 7:30 AM |
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Workplace InjuriesThanks to Confined Space for this explanation of the lack of workplace inspections by OSHA. SHOCKED! Not Enough OSHA InspectorsFollowing the death of a construction worker who fell from the roof of the 30-story building to the sixth floor deck, Jacksonville, Florida media seem surprised that there aren't enough OSHA inspectors to ensure that workplaces are safe.According to Charles Sorenson, an...
- Bob Carroll | August 31, 2006 7:01 AM |
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Defective & Dangerous ProductsWhen individual lawsuits are tried before a jury in Florida I hope the judges will allow us to inform the jury of evidence that the tobacco industry has continued to increase the nicotine dosage in cigarettes, at least from 1998 through 2004. While smokers have been trying to quit, big tobacco has been spiking its products to make quitting more difficult.US Cigarettes Have 10% More Nicotine...
- Bob Carroll | August 27, 2006 5:49 AM |
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Medical MalpracticeThere is evidence supporting the use of acupuncture for neck pain relief (but not cure). Acupuncture Reduces Chronic Neck Pain; Massage Benefits Still UnclearAcupuncture offers relief from chronic neck pain, while there is little reliable evidence on the effectiveness of massage, according to two new systematic reviews.Acupuncture does not "cure" neck pain, and relief appears to last only a few...
- Bob Carroll | August 26, 2006 12:30 PM |
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Workplace InjuriesTampaBays10.com is breaking the news of a tragic construction site death in Southwest Florida. Sadly, it is a story of preventable mistakes I have heard before. Construction worker falls to death in EsteroSouthwest Florida authorities say a construction worker fell 21 stories to his death through a ventilation shaft at a high-rise work site.The Lee County Sheriff's Office says 24-year-old Jose...
- Bob Carroll | August 26, 2006 8:16 AM |
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MiscellaneousOur fascination with TV courtrooms continues. Why Boston Legal, Law & Order, Court TV, Judge Judy and the rest draw such a large viewership is a mystery. Now, we are to be blessed with Cristina's Court. Legally Blonde: Judge Judy's genius has a new star Here's the next big daytime TV hit, and the next multimillionaire daytime TV judge, brought to you by the man who invented tabloid television,...
- Bob Carroll | August 26, 2006 7:10 AM |
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MiscellaneousToday I come to the defense of the Florida Supreme Court. It is not easy for me to defend the Court because I have disagreed with a number of its decisions. And, I feel it has not been as dedicated to the rights of the wrongfully injured as I would have wanted. However, when it is labeled an Activist Court...well, that is a bridge too far. I shudder to think of what justice would look like in...
- Bob Carroll | August 26, 2006 6:31 AM |
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Defective & Dangerous ProductsThe British Medical Journal reports on a study which concludes there is a link between exposure to environmental tobacco smoke and increased mortality among never-smoking Chinese women. And, that passive smoking is associated with "moderately increased" rates of all-cause, cardiovascular, and lung cancer mortality. The bottom line: secondhand smoke can kill you even if you don't live in...
- Bob Carroll | August 26, 2006 6:08 AM |
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FDA & Prescription DrugsDexedrine and other stimulants can cause death when given to children with ADHD .who also have certain structural heart problems MDConsult (subscription required) provides this alert:CNS stimulants may be fatal in children with heart problemsOn August 21, 2006, the US Food and Drug Administration (FDA) and GlaxoSmithKline announced changes to the prescribing information for Dexedrine...
- Bob Carroll | August 26, 2006 6:00 AM |
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Defective & Dangerous ProductsShopping carts are great for groceries but not so hot for children. Parents.com reports on the injuries sustained by kids in carts and on the recommendation of the American Academy of Pediatrics to avoid using the shopping cart as a kid-transporter. I'm not a researcher, but each year parents sit in my office and tell me how their children were injured because of cart use. Shopping Carts Not...
- Bob Carroll | August 25, 2006 1:39 PM |
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MiscellaneousOur brains seem to be hard-wired to make instantaneous judgments of people from their faces, according to research coming out of Princeton.I appreciate learning this from an article posted at Medgadget. This may explain why I have always tended to like beautiful women even before they say a word. It is probably why I tend to trust professionals with gray hair over those that look like Doogie...
- Bob Carroll | August 25, 2006 7:27 AM |
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Defective & Dangerous ProductsWith a few months of the hurricane season remaining it is important to remember the hazards associated with the use of portable generators. The Consumer Product Safety Commission has started the rulemaking process to require manufacturers of the generators to place a warning label on them. The label is intended to prevent the use of the generators inside a home or garage where carbon monoxide...
- Bob Carroll | August 25, 2006 7:12 AM |
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FDA & Prescription DrugsAn article posted by Peter Lattman on the Law Blog of the Wall Street Journal informs us that the first Prempro trial has started in Arkansas. The drug, used in hormone-replacement therapy (HRT), has been linked to an increased risk of heart disease, breast cancer and stroke. Hot Flash: Wyeth's Prempro Litigation Opening arguments got underway today in the first Wyeth Prempro trial, the...
- Bob Carroll | August 25, 2006 6:37 AM |
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Defective & Dangerous ProductsIf a loved one who was a smoker and a Florida resident has died from any one of the following conditions in the last 12 years it is possible that compensation for the surviving family members could be obtained: ...aortic aneurysm, bladder cancer, cerebrovascular disease, cervical cancer, chronic obstructive pulmonary disease, coronary heart disease, esophageal cancer, kidney cancer, laryngeal...
- Bob Carroll | August 25, 2006 5:36 AM |
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Defective & Dangerous ProductsI hope this post catches you before you head to the gym for your daily workout. It guess it is dangers of this sort that have kept me from the gym for over 2 years. The U.S. Consumer Product Safety Commission informs us of a voluntary recall of defective barbells.Weightlifting Bars Recalled by York Barbell Co. After Reports of Units Breaking The U.S. Consumer Product Safety Commission, in...
- Bob Carroll | August 24, 2006 9:10 PM |
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Workplace DiscriminationEmployees have a right to complain about unsafe working conditions and to report worksite hazards to agencies, such as OSHA. When employees exercise this right employers are not permitted to retaliate by firing them. Yet, some employers take punitive action anyway. The remedy for the employee is a retaliatory discharge lawsuit seeking damages. Cingular named in retaliatory discharge...
- Bob Carroll | August 24, 2006 8:03 PM |
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Defective & Dangerous ProductsSome years ago I experienced two complete rollovers of my SUV. For some reason, probably due to a rush of adrenalin, it seemed to take my car a minute to come to a stop. During the rollovers I noticed that my seatbelt was snugly holding me in place. I even thought that it was amazing how the restraint system was doing its job so well.Some accident victims are not as fortunate, however. The...
- Bob Carroll | August 24, 2006 5:04 AM |
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FDA & Prescription DrugsAnother drug has been linked to birth defects.Epilepsy Drug, Lamictal, linked to birth defectsAccording to published reports in Canada, an anti-epilepsy drug, LAMICTAL has been linked to oral birth defects in babies born to mothers who took the medication.In a statement issued by the drug's maker, GlaxoSmithKline, after discussions with Health Canada, company officials say that pregnant women...
- Bob Carroll | August 23, 2006 1:09 PM |
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Medical MalpracticeSometimes doctors have to move quickly to save a life. Failure to take action when the medical situation requires a prompt referral or immediate testing can be a breach of the medical standard of care. The Lakeland Ledger reports on the unfortunate death of a Winter Haven man who died within 24 hours of arriving at Winter Haven Hospital complaining of chest pains. The patient never saw a...
- Bob Carroll | August 23, 2006 10:35 AM |
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Medical MalpracticeFellow InjuryBoard blogger, Justin Madden, posting on the Cleveland Personal Injury Blog, has explained in some detail why an autopsy is critical when it is possible that a death may have been the result of medical malpractice. The saying goes that doctors bury their mistakes. Unfortunately, there is quite a bit of truth to the saying. Therefore, although the idea of an autopsy for a loved one...
- Bob Carroll | August 23, 2006 6:58 AM |
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Defective & Dangerous ProductsThe Christian Science Monitor asks the logical question about Big Tobacco:Big tobacco: 50 years of lies. Now what? But, it provides an answer that is a non-starter.For 50 years, big tobacco has "lied" to the American public about the devastating health effects of smoking, a US judge ruled last week. That's a moral victory for the federal government, which initiated this massive court case seven...
- Bob Carroll | August 22, 2006 9:39 AM |
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MiscellaneousThink Tank starts with a recollection of the purpose of tort law. Then, details what Texas has put in its place to the detriment of its citizens.And, warns us that much of what now exists in Texas is headed to the legislatures and courthouses throughout the nation, including Florida. Once upon a time, the purpose of tort law was to make injured people whole. In Texas, victims of medical...
- Bob Carroll | August 22, 2006 6:18 AM |
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Nursing Home & Elder AbuseIn the category of healthcare screw-up of the week:An Illinois jury has awarded more than $2.9 million to the family of a Healthcare and Retirement Corp. of America resident who died by suffocation when her tracheostomy tube became clogged (Sheila Albores, as Special Administrator of the Estate of Ana Carrasco, Deceased v. Healthcare And Retirement Corporation of America, d/b/a Manorcare Health...
- Bob Carroll | August 22, 2006 5:56 AM |
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Defective & Dangerous ProductsThe national organizations for the many diseases linked to smoking are beginning to issue statements in support of the recent federal court decision that detailed Big Tobacco's massive scheme to addict people to smoking "without regard for the human tragedy or social costs" that resulted. The federal decision, however, does not appear to have accomplished much for the victims of the scheme.In...
- Bob Carroll | August 21, 2006 8:26 PM |
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MiscellaneousIt is not often that a service of our government deserves heaps of praise. MedLinePlus, a joint project of the National Library of Medicine and the National Institutes of Health, is a definite exception.Anyone with a medical problem or concern can probably get a good grasp of the available information and medical literature on it at this extremely comprehensive site. The Home Page claims to...
- Bob Carroll | August 19, 2006 7:29 AM |
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Medical MalpracticeThe delayed diagnosis of cancer is often a sentence of death. When one of the possible diagnoses is cancer it seems to me that the medical standard of care should include the most definite tests available. The patient should have the right to refuse the tests, but the doctor should fully inform the patient of their availability, risks and costs. To withhold this information while trying to...
- Bob Carroll | August 19, 2006 6:25 AM |
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Property Owner's Liability (Slip & Fall)Department store dummies have caused their share of injuries, believe it or not. After reading this compilation of dummy lawsuits you may be more wary of these supposedly inanimate objects as you walk the aisles of your favorite store. "Attack of the Mannequins" might sound like a horror film title, but a Southern California woman insists it could be a documentary.Diana Newton sued J.C. Penney...
- Bob Carroll | August 18, 2006 6:51 AM |
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FDA & Prescription DrugsAs a former FBI agent who now sues drug companies I take double pleasure in this news on the Vioxx front.Merck Ordered to Pay $51 Million In Vioxx CaseIn its fourth loss in nine trials Merck & Co. Inc. (MRK) is ordered to pay $51 million to a former FBI agent because its Vioxx painkiller caused his heart attack. The painkiller was pulled from the market in 2004 after a study showed an increase...
- Bob Carroll | August 18, 2006 5:16 AM |
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Defective & Dangerous ProductsFlorida smokers and the families of deceased smokers who believe cigarette smoking has been the cause of injury or death need to immediately seek legal advice. The Florida Supreme Court ruling in ENGLE v. LIGGETT GROUP, INC., SC03-1856 (Fla. 2006) has opened the door for individual lawsuits against tobacco companies claiming compensatory and punitive damages. Following a meeting yesterday with...
- Bob Carroll | August 18, 2006 4:25 AM |
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Defective & Dangerous ProductsTobacco companies have violated anti-racketeering laws, have marketed lethal products with zeal and deception and have conspired for fifty years in a campaign to deny the dangers of smoking and to sell cigarettes to children. These are just some of the findings of a federal judge this week.From Bloomberg News: Cigarette Makers Lose in U.S. Racketeering Lawsuit A federal judge ruled that Altria...
- Bob Carroll | August 16, 2006 7:28 AM |
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Workplace InjuriesFellow InjuryBoard blogger, Richard R. Schlueter in Atlanta, posts the sad story of two workers killed when a front end loader caused debris to fall 19 floors on a construction site. The events occurred in Dallas, but they could just as easily occur in Atlanta or Tampa Bay. In Florida, the families of the workers would have rights under our Workers' Compensation Laws and potential rights...
- Bob Carroll | August 15, 2006 9:03 AM |
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Automobile AccidentsAnother tragic death of an ATV (All Terrain Vehicle) rider has occurred in Florida. In this instance it was the passenger, a teenager, who was killed. Florida continues to have more than its share of serious injuries and deaths from ATV accidents each year. Many of the victims are children. The St. Petersburg Times provides more of the details: ATV usage, injuries on riseMore than...
- Bob Carroll | August 15, 2006 7:42 AM |
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Workplace DiscriminationThere is protection for whistle-blowers when their employers decide to take retaliatory action.A whistle-blower who warned of problems with safety equipment planned for Florida nuclear plants has been awarded $100,000 for his wrongful firing.Unjustly fired worker awarded back payDavid L. Robinson, a Texas engineer who was a specialist in quality controls at nuclear plants, had been fired by...
- Bob Carroll | August 15, 2006 7:40 AM |
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Head & Brain InjuriesTraumatic brain injuries (TBI) continue to be among the most devastating injuries for victims and their families. Children frequently sustain life-changing head injuries. And, the medical and rehabilitation costs are soaring.Traumatic brain injuries suffered by children place a significant burden on U.S. health resources, costing more than $1 billion in hospital charges each year, a new study...
- Bob Carroll | August 15, 2006 7:17 AM |
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FDA & Prescription DrugsDid you ever wonder how some drugs manage to skate through clinical trials only to be later revealed as medical disasters? Wonder no more.Bipartisan Group Of Congressional Lawmakers Asks NIH To Investigate Researcher's Ties To Drug CompaniesMembers of the House Energy and Commerce Committee on Wednesday sent a letter to NIH requesting details about a senior researcher's connection to the...
- Bob Carroll | August 15, 2006 6:48 AM |
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Automobile AccidentsA medical study has confirmed what many personal injury lawyers have known for some time. Sleepiness plays an important role in major crashes of commercial vehicles.The study concludes that addressing impairment in commercial drivers requires addressing both insufficient sleep and sleep apnea, the former being more common.
- Bob Carroll | August 14, 2006 5:37 PM |
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Defective & Dangerous ProductsYou may want to think more than twice before you head to the tanning salon. The New York Times reports: In the last two years, the World Health Organization, the American Medical Association and the American Academy of Dermatology have labeled tanning beds as the health-peril equivalent of cigarettes. Skin Cancer Is Up; Tanning Industry a Target "If adults want to make the decision to use...
- Bob Carroll | August 14, 2006 7:44 AM |
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MiscellaneousI need to get it out even if it has nothing to do with injuries. Property insurance is a disaster in the State of Florida. Homeowners are being especially hard hit. Our friends in the insurance industry have made friends with our politicians to assure that rates continue to go up, cancellations continue to be sent and campaign contributions continue to flow.Robert Trigauz, a St. Pete Times...
- Bob Carroll | August 14, 2006 7:22 AM |
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Head & Brain InjuriesThanks to 300 Dollar Wonder for alerting us to a story in USA Today.GOP Kicks Soldiers When They're Down Congress appears ready to slash funding for the research and treatment of brain injuries caused by bomb blasts, an injury that military scientists describe as a signature wound of the Iraq war.House and Senate versions of the 2007 Defense appropriation bill contain $7 million for the Defense...
- Bob Carroll | August 14, 2006 7:05 AM |
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MiscellaneousJust back from some relaxing time on Amelia Island where I had time to listen to my grandson and my wife. Really listen, instead of just nod my head and move on to something that seemed more important. I liked what I heard and intend to be a better listener when meeting with my clients.Dr. Victoria McEvoy, the chief of pediatrics and the medical director of the Mass. General West Medical...
- Staff Writer | August 11, 2006 10:40 AM |
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Head & Brain InjuriesAlthough no injuries have yet been reported as a result of the helmets , World Industries of Huntington Beach is recalling about 10,000 skateboarding helmets. The helmets failed impact safety standards, according to the Consumer Products Safety Commission. Considering the dangers associated with skateboarding, a helmet is always recommended.
- Staff Writer | August 09, 2006 11:53 AM |
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Workplace DiscriminationJust a couple of weeks after the SEC announced that they were investigating Computer Sciences Corporation for backdating stock options, it has come to light that Analog Devices (ADI) and Affiliated Computer Services (ACS) have had lawsuits filed against them alleging the same indiscretions. Backdating stock options can be used to artificially lower prices to lock in profits for officers and...
- Bob Carroll | August 06, 2006 6:54 AM |
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MiscellaneousResting in peace used to mean in a place relatives could visit. For over 5,000 families in Florida that is impossible. Family Sues, Says Cemetery Lost Track Of Woman's PlotA class action lawsuit was filed Friday on behalf of a South Florida family who said the Graceland Memorial Park South cemetery in Kendall lost their loved one's burial plot.The lawsuit alleges that the cemetery did not keep...
- Bob Carroll | August 05, 2006 6:07 AM |
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Head & Brain InjuriesAnother reminder that wearing a bicycle helmet is crucial. Injuring brain easy as falling off a bike Bicycle helmets can reduce risks of head injury by as much as 85 percent and as much as 88 percent for brain injury...Broken arms and legs can heal, but people's brains are a different story. The skull, which protects the brain, is about ¼-inch to 1/8-inch think, or the size of a cup's...
- Bob Carroll | August 05, 2006 4:37 AM |
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Medical MalpracticeThe Florida Board of Medicine is accused of inattention, delay, laxity and endangering patients in its monitoring of Florida physicians. The editorial from the Palm Beach Post uses the case of a Boynton Beach plastic surgeon to illustrate the Board's ineptness. Making Florida safe for medical malpracticeFlorida needs a better system of monitoring the state's 50,000 doctors, because the state...
- Bob Carroll | August 04, 2006 7:06 AM |
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Medical MalpracticeNo fine has been imposed upon a Florida hospital for the drug administration screw-up that took the life of a pregnant patient.Does this surprise me? No. I am surprised the agency even found fault in the obviously lethal mistake. Hospital Won't Be Fined in DeathA state agency has decided not to fine the hospital where a young pregnant woman died after being given too much of a drug commonly...
- Bob Carroll | August 04, 2006 5:07 AM |
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MiscellaneousFlorida has a law that protects bars and other alcohol-serving establishments from legal liability for injuries caused by intoxicated drivers after leaving the premises. Even if a bar patron were to become stewed to the gills, falling down drunk or wasted and had trouble finding the exit door the bar would not be legally responsible as a cause of a subsequent automobile crash. The one...
- Bob Carroll | August 03, 2006 7:26 AM |
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Spinal Cord InjuriesThe title of the correspondence in a medical journal was not particularly dramatic or catchy. The Evidence for Spinal Immobilization: An Estimate of the Magnitude of the Treatment Benefit, Annals of Emergency Medicine, Volume 48 • Number 2 • August 2006 But, it attracted my attention because of the number of spinal cord injuries experienced by my clients over the years. And, because of...
- Bob Carroll | August 03, 2006 6:58 AM |
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Defective & Dangerous ProductsOne of the latest advances in emergency medical care is the availability of external heart defibrillators at gyms, health clubs, schools, arenas and other facilities throughout the Tampa Bay area and the rest of Florida. However, there is some concern about the defibrillators supplied by Cardiac Science Corp. Obviously, a defective defibrillator is of no value and may actually delay or prevent...
- Bob Carroll | August 03, 2006 6:06 AM |
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Medical MalpracticeIn Florida and throughout the U.S., jails have a legal obligation to provide reasonable and necessary medical care to inmates. Having someone in custody means the jail is in charge of that person and responsible for his wellbeing during the period of confinement. Sometimes jailers forget about this or ignore physical complaints. Sometimes there are horrible consequences.Family of inmate in...
- Bob Carroll | August 03, 2006 5:55 AM |
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Medical MalpracticeOne of many lawsuits against Dr. John King alleges that King "operated on fractures that did not exist, used medical devices in surgical procedures for uses that were never approved by the U.S. Food and Drug Administration, performed spinal and cervical surgeries when no operations were necessary, entered into schemes to illegally receive kickbacks, amputated limbs when no amputations were...
- Bob Carroll | August 02, 2006 6:16 PM |
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MiscellaneousIt turned out not to be a picture perfect wedding.No happily ever after for conniving wedding photographerA wedding photographer who tried to overcharge a couple and then refused to turn over their wedding photos when they objected must pay an additional $22,000 in damages, a state appeals court ruled Tuesday. John Buellesbach claimed Roob would not let the couple leave his studio until they...
- Bob Carroll | August 01, 2006 10:53 PM |
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Medical MalpracticeThe medical journal, PEDIATRICS, is featuring an article entitled What Pediatricians Should Know About Child-Related Malpractice Payments in the United States. The purpose of this study was to examine child-related National Practitioner Data Bank data.[During] the period from February 1, 2004, through December 31, 2005, a total of 30195 malpractice payments were made on behalf of practitioners...
- Bob Carroll | August 01, 2006 10:01 AM |
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MiscellaneousToday's calendar includes two interviews with potential new clients. These conferences are great opportunities for me and the new clients to get to know each other. Just as I must feel comfortable undertaking the representation, a potential new client or family needs to feel the same way about me and my firm. Obviously, information is obtained about the wrongful act or acts that caused the...
- Bob Carroll | August 01, 2006 9:23 AM |
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Medical MalpracticeWhen the issue was whether the patient was suffering from Alzheimer's Disease and needed special care, the testimony on the defense was that he was not. Then the issue changed. When the issue became the patient's life expectancy (the foundation for damage calculations) the testimony on the defense was that he was suffering from Alzheimer's. Why the change in the testimony? Alzheimer's...