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Miami Personal Injury Law Blog

2-car Florida crash overturns car and injures 1

The driver of a car traveling southbound on U.S. 19 lost control of her vehicle and crossed into a northbound lane, striking and overturning another car on Oct. 22. The driver lost control after she attempted to merge to the left through lane, realized that another vehicle was in that lane and swerved to avoid a collision.

Police say that after swerving to avoid the collision, the vehicle traveled through the median and into the northbound lanes into the path of another vehicle. That other vehicle overturned multiple times, causing severe injuries to that driver's hand. Officials transported the driver to a local hospital for treatment of the injuries.

Police arrest driver on DUI charges following victim's death

Following the death of a male motorist on Aug. 16, troopers with the Florida Highway Patrol took a Navarre man into custody on Oct. 21 for allegedly driving drunk and causing the crash. The victim, a 60-year-old man, succumbed to his injuries he suffered in the two-vehicle crash, which occurred in July.

According to reports, the collision happened shortly before 5:30 p.m. A 19-year-old man was operating a 2002 Chevy truck on U.S. Highway 98 when he suddenly swerved over the roadway barrier into the opposite lane, striking the side of an approaching 2002 Jeep Liberty and injuring its male driver. The truck driver and an 18-year-old male passenger were also injured.

How common are wrong-site surgeries?

Florida residents may know that wrong-site surgeries are surgical procedures that have been performed on the wrong part of a person's body. An individual who has gone in to have a section of an organ on his or her right side removed, for instance, may have part of an organ on his or left side removed instead. Not all surgical mistakes are this obvious, however. A more common mistake made by neurosurgeons, for instance, is operating on the wrong part of a person's spinal cord. While these mistakes, known as "never events" since they theoretically should never happen, are reportedly rare, other information points to them being more common than once thought.

A 2009 study utilizing VA hospital data found that a given hospital would likely have only one surgical never event every five to 10 years. This information, however, was based only on surgical mistakes that happen inside the operating room. Since another report found that half of all wrong-site surgeries happen in medical settings other than operating rooms, this means that the levels of this type of medical malpractice could be significantly understated.

Are there caps on malpractice cases in Florida?

Florida law places caps on noneconomic damages suffered due to medical malpractice in the state. Noneconomic damages include such things as pain and suffering, impairment, disfigurement and loss of the ability to enjoy one's life.

Economic damages do not have a cap. They include damages for 80 percent of earnings lost, both currently and in the future, and current and future medical expenses incurred due to the injury.

Car accident in Florida leaves 2 injured, causes gridlock

Two individuals were injured in a two-vehicle collision during the afternoon hours of Oct. 10 in Ocala. The accident caused traffic delays in the area for several hours.

Highway officials said the crash transpired near Southeast 32nd Street when a 53-year-old Ocala woman driving east in a DHL van on the two-lane roadway swerved into the westbound lane where she collided with an oncoming Sherwin Williams box truck. As a result of the crash, the box truck ended up on the north shoulder while the van stopped in the westbound lane.

10 injured when car crashes into outdoor diners at Miami café

An accident at a Miami restaurant left 10 people injured on the afternoon of Oct. 4. The accident occurred when a car crashed into a group of tables outside a pizzeria at the corner of Northeast Second Avenue and 46th Street.

Police said that a Toyota Camry driven by a 71-year-old man was traveling in the southbound lane of Northeast Second Avenue and lost control of his vehicle. The car crashed into a pole and then continued onto the sidewalk where a crowd of people was dining outside the pizzeria. One witness described several victims lying still and face down on the ground. Everyone who was injured regained consciousness while ambulances transported them to hospitals.

Bard offers settlement in vaginal-mesh lawsuits

It might interest some Florida women to hear that C.R. Bard Inc., a corporation based out of New Jersey, recently agreed to settle hundreds of lawsuits alleging that the company's vaginal-mesh implants inflicted damage on the bodies of women who used them. According to several claimants, the implants erode over time and cause an assortment of serious complications, including but not limited to organ damage, bleeding and infection.

Authorities reported that the cost to Bard will be approximately $43,000 per lawsuit. A West Virginia federal judge had instructed Bard to make trial preparations for the cascade of lawsuits, reportedly 500 in total. Claimants in these lawsuits have depicted the harm done to them by the vaginal-mesh implants, many claiming they suffered perpetual discomfort and pain during sexual intercourse among several other afflictions.

College student dies in Florida cruise ship fall

A Clemson University student from North Carolina. died when he fell approximately 20 feet off the mast of a cruise ship that was near the coast of Florida, according to Miami-Dade county law enforcement authorities. The 20-year-old man had climbed the ship's foremast with other students who were also aboard the ship in order to watch the sunrise during the cruise-liner's return to Florida.

After the group had climbed the foremast, the ship's radar antenna activated and knocked the student off of the foremast, causing him to fall to the lower deck. Although he was taken for treatment to the ship's medical facilities, the staff was unable to save him, and he died.

Accident report rules for Florida boating incidents

Because vessels are considered to be dangerous, those who operate them are held to high standards in handling and using them. Liability for accidents is attributed to the individual operating such a vehicle at the time of an accident although an owner may also be held liable if present at the time such an incident occurs.

Operators are primarily responsible for generating reports in the event of any incidents leading to a disappearance, death or injury. However, an owner may be required to issue such a report if the operator in not able. A vessel operator or owner must also file a written report if property damages in excess of $2,000 occur. In some cases, supplemental reports may be required if original reports lack necessary details.

Worker seriously injured in electrocution accident

A construction-site accident that involved electrocution caused a worker to go into cardiac arrest on Sept. 24. Miami paramedics responded quickly, administering CPR to the unconscious man. Fire rescue staff had to transport the man, who was in his late 40s, to the Ryder Trauma Center located at Jackson Memorial Hospital for further medical treatment.

The building in which the man was working is located downtown and houses both the Soya & Pomadora Restaurant as well as a storage facility. Although the building is open for business, it has multiple construction and renovation projects currently occurring in the interior. The man's coworkers stumbled upon him inside of a meter room, collapsed and unconscious. They immediately called 911 upon finding him, summoning the rescue personnel.

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