- Bob Carroll | January 30, 2007 6:33 AM |
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MiscellaneousBefore calling the police in Tampa to report a rape it might be wise to run a background check on yourself.Tampa Police are considering a policy change after a rape victim was thrown in jailThe Tampa Police Department is looking at whether it needs to change policy. The examination comes after a 21 year old woman spent nearly two days in jail after telling police that she was raped during...
- Bob Carroll | January 29, 2007 8:48 AM |
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Medical MalpracticeMaybe he should have been Dr. Matt Noyes. Maybe he spends more time reading medical literature than legal decisions. Who knows why my law partner, Matt Noyes, always knows so much about the medical problems and medical care of his clients? All that really matters is he does have a very keen interest in the medical side of our practice, and he is now sharing it on his law blog.His latest...
- Bob Carroll | January 29, 2007 7:15 AM |
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Medical MalpracticeThere are some lawsuits I would not file. It would not always be a lack of legal support. Sometimes it would be my personal belief the lawsuit would not be in the best interests of the clients or society. When I read this article at Amednews.com I added one more case to my DNF (Do Not File) list. Lawsuit showcases DNR (Do Not Resuscitate) liability twist for doctorsMedical and legal experts...
- Bob Carroll | January 27, 2007 10:48 AM |
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MiscellaneousHave you ever wondered if the United States civil justice system does anything good? After years of organized criticism and cries for tort reform with the focus exclusively on supposed failings and adverse impacts you could be thinking abolishment could not come soon enough. Day On Torts lets some fresh air into the room. There are some significant benefits to our tort system. Spread the...
- Bob Carroll | January 27, 2007 10:29 AM |
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Workplace DiscriminationSolved mystery of the week.Wage-And-Hour Class Actions Continue To GrowMany employment defense attorneys agree that wage-and-hour cases have taken up more and more of their time in recent years. Now, thanks to a report published by Seyfarth Shaw LLP on Monday, there is hard evidence to back up this speculation.I do not have to speculate about an increase in wage-and-hour cases. It is real, and...
- Bob Carroll | January 27, 2007 3:44 AM |
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Head & Brain InjuriesJust about every week I learn of new ways for people to be seriously injured. Not too long ago it was tube kiting that burst on the scene. (Sitting on large inner-tube shaped "kites" towed behind motorboats at high enough speeds to become airborne.) This week it is skitching. (Hitching a ride by grabbing a car while on a skateboard.) The details of a skitcher who sustained a brain injury in...
- Bob Carroll | January 25, 2007 6:14 AM |
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Medical MalpracticeThis week, probably for the 1,000th time, I struggled during my review of a complicated medical chart to determine exactly when certain events occurred in a hospital stay. When was my client taken off oxygen? When did the nurse escort him to the bathroom? The times mattered greatly because my client died of an undiagnosed pneumonia shortly after his discharge from the hospital.Although many...
- Bob Carroll | January 25, 2007 5:45 AM |
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Workplace InjuriesThe flagmen of the world keep us safe. They slow us down and guide us though construction sites. But, who is keeping them safe? Flagman hurt when he's hit by cement truckA flagman at a Fort Lauderdale construction site was rushed to the hospital this morning after being run over by a cement truck, authorities and witnesses said.It happened at the Trump International Hotel and Tower off of...
- Bob Carroll | January 25, 2007 4:52 AM |
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Medical MalpracticeA brand new website, with a board of directors that includes Colin Powell, the former Secretary of State and Chairman of the Joint Chiefs of Staff, and Carly Fiorina, the former chairman and CEO of HP, wants to help people take control of their health so they can live their very best. I was not sure what was going on so I dropped in for a walk-through of the site. The driving force behind the...
- Bob Carroll | January 25, 2007 2:29 AM |
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Medical MalpracticeEven famous football coaches can be victimized by medical malpractice.Notre Dame Football Coach's Malpractice Suit Goes To TrialNotre Dame coach Charlie Weis' medical malpractice suit against two Boston doctors is scheduled to go to trial next month.Weis nearly died after undergoing gastric bypass surgery in June 2002, when he was the offensive coordinator for the New England Patriots. Weis had...
- Bob Carroll | January 24, 2007 11:02 PM |
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Automobile AccidentsDriving While Distracted is rapidly replacing Driving Under The Influence as the most serious driving misbehavior in the country.80% of Drivers are Guilty of DWD; Be Careful Out ThereYou've seen them in your rear view mirror or in the car next to you. Sometimes they're putting on makeup while steering with their knees, punching text messages into a phone without ever looking up at the road, or...
- Bob Carroll | January 24, 2007 10:15 PM |
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Medical MalpracticeHow is it possible a nurse could administer 10 times the dose of a drug ordered by a doctor? Coral Springs mother died from massive overdose given by Broward General nurseThe Coral Springs mother went to the emergency room feeling sick after running out of medicine. But instead of just getting a refill, she died when a nurse gave her a massive overdose of a seizure drug, according to hospital...
- Bob Carroll | January 23, 2007 6:10 AM |
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Workplace InjuriesIt seems every year brings its allotment of trench collapses which kill or seriously injure workers in Florida. After watching this tragedy for over 30 years and undertaking representation of a number of victims and their families my partners and I believe the OSHA standard for trenching is simply not on the reading list for some employers. Maybe they would prefer to read what was said about...
- Bob Carroll | January 21, 2007 7:09 AM |
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Medical MalpracticeIn a recent Medical Malpractice/Wrongful Death case we are told the jury primarily heard the family's tale and acted with compassion rather than according to the rigors of the law. That is the take of Cortlandt Forum, at least.I read the facts outlined on the Forum and come to an entirely different conclusion. A complicated case is trumped by the sympathy factorThe patient was a 22-year-old...
- Bob Carroll | January 21, 2007 6:24 AM |
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Wrongful DeathThe causes of airplane crashes are rarely singular. They tend to be combinations of multiple errors and defects. This story from Kentucky.com shows just some of the individual causes that came together in Lexington to take the lives of 49 people.Attorneys say revelations in crash investigation help lawsuitsThe plane crashed on takeoff from Lexington's Blue Grass Airport after the pilots taxied...
- Bob Carroll | January 20, 2007 7:14 AM |
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Defective & Dangerous ProductsA defect in a motor vehicle that could make it impossible to steer makes you sit up and take notice.Toyota Recalls 533,000 Trucks for Failed Ball Joints By Joe Benton, ConsumerAffairs.ComToyota Motor Co. is recalling 533,000 trucks and SUVs because of possible steering and suspension problems caused by faulty ball joints.The recall marks a sudden shift in policy for the Japanese automaker after...
- Bob Carroll | January 20, 2007 6:39 AM |
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Medical MalpracticeThis has absolutely nothing to do with the law. But, it is good news for those of us who cannot get down to our ideal body weight.Obesity may reduce risk of heart failure deathNEW YORK (Reuters Health) - Obese patients hospitalized with heart failure tend to fare better than their lean counterparts, new research suggests.The report, which appears in the American Heart Journal, indicates that...
- Bob Carroll | January 19, 2007 6:56 AM |
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Defective & Dangerous ProductsAccording to this International Herald Tribune story Big Tobacco is making each cigarette a bigger hit of Nicotine. One more reason for every Florida resident who believes cigarette smoking has caused a serious disease or condition to accept the invitation of the Florida Supreme Court to file an individual claim for damages. The deadline for filing a claim is fast approaching. Cigarettes...
- Bob Carroll | January 19, 2007 6:37 AM |
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Wrongful DeathFirearms and children continue to find each other. And, the combination is deadly.Six year old finds gun in glove compartmentA six-year old Chicago boy, Jaylen Parker, died at the University of Chicago Hospital after shooting himself in a car belonging to his grandmother, a 17-year Cook County correctional officer, while she was retrieving the boy's younger brother from the Mighty God Christian...
- Bob Carroll | January 19, 2007 6:25 AM |
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Head & Brain InjuriesThe NFL probably would rather not talk about brain damage suffered by its players as we approach the Super Bowl. However, there was this little matter of the player who ended up with the characteristics as those of early-stage Alzheimer's victims. Excerpts from the New York Times article:Expert Ties Ex-Player's Suicide to Brain Damage Since the former National Football League player Andre...
- Bob Carroll | January 19, 2007 5:54 AM |
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Medical MalpracticeEvery year between 44,000 and 98,000 people die from preventable medical errors. That is the take-away message from an item posted by Cyrus Dugger at TortDeform.How to Reduce Medical Costs, Lawsuits & Deaths at the Same TimeThe tort "reform" movement blames lawyers and lawsuits for the increasing cost of medical care. Whether or not you buy that argument (and this blog has argued many times...
- Bob Carroll | January 19, 2007 5:36 AM |
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Automobile AccidentsA news item about a pedestrian struck by a motor vehicle reminds me of some past experiences in similar situations.Teen in critical after being hit by carSt. Petersburg, Florida - A girl struck by a car on Wednesday night has been identified as an 18-year-old Largo High School student.St. Petersburg Police say a driver didn't see Alicia Tergeson until she was right in front of the car. Tergeson...
- Bob Carroll | January 15, 2007 1:29 PM |
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Head & Brain InjuriesRecovery from traumatic brain injury (TBI) requires a major rehabilitation effort. Often, a significant part of legal representation of the injured person is devoted to assuring maximum care is obtained. One example of the need for an advocate of proper rehabilitation is provided by a recent study which shows that some particular groups of brain injured persons can sometimes experience a...
- Bob Carroll | January 15, 2007 7:11 AM |
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Medical MalpracticeIn burn patients, treating the physical injury may only be treating half the problem. Depression often goes along with a serious burn. Burn Patients Need More Help Coping With DepressionA new study reveals the full extent of psychological problems among people who have spent years recovering from serious burns. About half of those surveyed showed signs of clinical depression, with women being...
- Bob Carroll | January 15, 2007 6:40 AM |
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Wrongful DeathPromotions sometimes get a little out of hand. We have seen the huge pileup that occurs when wads of money are dropped from the balcony onto the crowd below. And, the mad dash when the doors are flung open for the midnight sale. But, this promotion was dumb, dumb, dumb. Woman Dies after Water Drinking ContestDid this radio station not consider the implications of their stunt? Via...
- Bob Carroll | January 14, 2007 5:13 AM |
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Workplace InjuriesThe Grand Rapids Press carries the story of a seriously injured rail worker who was a awarded over $1 Million in damages against CSX Railroad.Rail worker receives $1.1 million verdictGRAND RAPIDS -- With 24 years in at CSX Railroad in Grand Rapids, Reginald Booker planned to finish his career as a carman there. Instead, he found himself fighting the company after he was nearly crushed underneath...
- Bob Carroll | January 13, 2007 8:31 AM |
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Automobile AccidentsFlorida law makes it difficult to sue a liquor-serving establishment for the act of serving a patron even an excessive amount of alcohol. By statute bars, taverns and restaurants are given immunity in most cases. However, there are some situations which still can result in legal liability for the serving of alcohol. One would be the circumstances described in this out-of-state report.Mass....
- Bob Carroll | January 13, 2007 8:15 AM |
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Automobile AccidentsCellphones and motor vehicles continue to be a bad combination. Nobody has found a way to allow a driver to talk on a cellphone and be properly attentive to the hazards of the roadway. When the cellphone conversation starts some degree of distraction occurs. The odds of being involved in a crash increase by 400% when using a cellphone.Canadian insurance companies are trying to do something...
- Bob Carroll | January 11, 2007 7:14 AM |
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Medical MalpracticeLet me lead with the moral of the story. It's important to follow prescriptions carefully. And if you have concerns about a drug you're taking, talk with your doctor before quitting the drug or making changes.That is message we should take away from the following study:Drugs Prolong Life After Heart AttackFor heart attack survivors, it really is important to follow doctor's orders: A Canadian...
- Bob Carroll | January 11, 2007 6:27 AM |
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Defective & Dangerous ProductsATV's manufactured by Kawasaki are the subject of a recall. Kawasaki Recalls 2007 ATVsKawasaki Motors Corp., U.S.A. is recalling its 2007 model year KFX50 and KFX90 all-terrain vehicles. On some of these units, the handlebar holder, tie-rod adjustment, and tie-rod end nuts may not have been tightened to the proper torque.Operation of the vehicle can cause the nuts to loosen, resulting in a loss...
- Bob Carroll | January 11, 2007 5:52 AM |
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Defective & Dangerous ProductsIt will get pretty expensive for Medtronic real soon. The recall of 87,000 defibrillators meant 87,000 replacement surgeries (give or take a few). Each surgery cost $25,000 (give or take a few bucks). You can do the math.Medtronic may be sued for device replacementMedtronic may have to repay health insurers for the cost of replacing 25,000 recalled defibrillators following a federal court...
- Bob Carroll | January 10, 2007 8:42 PM |
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Medical MalpracticeMy law partner, Matt Noyes, has created a legal blog to primarily discuss issues related to Workers' Compensation matters. Matt recently discussed the herniated disk or disc. The following is an excerpt from his informative article. What You Need to Know About Your Herniated Disk Your doctor has told you that you have a herniated disc, but what does this mean to you? When the soft part...
- Bob Carroll | January 10, 2007 6:21 AM |
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Medical MalpracticeBlood thinning, anticoagulant warfarin (Coumadin) carries risk of a brain hemorrhage. This is a risk of its use that is not always being considered by the prescribing doctor. Brain Bleeds From Blood Thinner on the RiseThe rate of bleeding in the brain associated with use of the anticoagulant drug warfarin quintupled during the 1990s, University of Cincinnati researchers reported...
- Bob Carroll | January 10, 2007 5:38 AM |
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Workplace InjuriesAt Confined Space, an example of the media's approach to workplace injures and deaths is posted.Is It Possible To Provide Less Information?Need I say any more about the problems with media reports of workplace injury and death?Tyson worker dies at Emporia plantThe Capital-JournalPublished Saturday, January 06, 2007EMPORIA -- A male employee at the Tyson Fresh Meats plant in Emporia died after he...
- Bob Carroll | January 08, 2007 5:51 AM |
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Workplace InjuriesA post at Confined Space about so-called Worker Error sums up my opinion after years of investigating and litigating claims arising from the workplace in Florida. Surprise: Employer Finds "Worker Error" To Blame For FatalityWhy is this not surprising? Employer investigates employee's death. And the cause is? Worker error, of course.Bottom Line: Blaming workers (even foremen) for accidents is...
- Bob Carroll | January 07, 2007 6:07 AM |
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Medical MalpracticeA special thanks to Everett, at US Recall News, for alerting all of us to a valuable service provided by the FDA.FDA Patient Safety News Worth A Visit By ConsumersFDA Patient Safety News is supposed to be "A Video News Show for Health Professionals" but there is no reason why consumers could not stay up-to-date as well by watching the Internet broadcasts.What is it, exactly?FDA Patient Safety...
- Bob Carroll | January 05, 2007 7:54 AM |
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Medical MalpracticeIf you really believe that a therapy will relieve your pain you may significantly improve the chances that it will. That is the basic finding of a research project just completed.Pain Relief Effectiveness Down To Mind-Set?Research by the Human Pain Research Group at The University of Manchester suggests that people's responses to placebo or "dummy" pain relief varies according to their way of...
- Bob Carroll | January 05, 2007 3:51 AM |
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Defective & Dangerous ProductsThere is something particularly disturbing about an expensive, heavily marketed infant safety device which fails in its sole mission to protect an infant in the event of a crash. 9 of 12 infant car seats fail group's testsNine out of 12 infant car seats, all designed to meet a federal standard for protecting the smallest passengers in autos, vans and SUVs, "failed disastrously" when subjected...
- Bob Carroll | January 04, 2007 9:11 AM |
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Medical MalpracticeAccording to a story in the New York Times there is an epidemic causing excessive medical treatment in the U.S. It is an epidemic with many different names. What's Making Us Sick Is an Epidemic of Diagnoses For most Americans, the biggest health threat is not avian flu, West Nile or mad cow disease. It's our health-care system. Americans live longer than ever, yet more of us are told we are...