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Miami Personal Injury Law Blog

Graco strollers recalled for fingertip injury hazard

Florida residents who have purchased strollers manufactured by the Graco company may have to be careful when using their products. On Nov. 20, federal officials announced that approximately 4.7 million Graco products were being recalled after the company received reports of at least 10 incidents of serious finger injuries that occurred while using Graco and Century strollers

The reports included one finger laceration, four partial amputations of fingertips and six full amputations of fingertips. The injuries were caused by a hinge on the side of the strollers that can pinch a child's finger. Eleven models of the strollers have this particular hinge.

Hit-and-run accident seriously injures BMW driver

A 27-year-old man suffered severe injuries in a hit-and-run accident in Broward County on Nov. 16, according to authorities. Law enforcement officials reportedly suspect that a 23-year-old woman involved in the crash was impaired while driving.

The 27-year-old man was driving a 2004 BMW, authorities said. Following the accident, emergency personnel transported him to the hospital with a fractured skull.

1 killed, several injured in multiple interstate crashes

One person was killed and several others were injured in a series of accidents that occurred in Florida on Nov. 14. Police determined that alcohol was not a contributing factor in the crashes. All of the drivers involved were riding alone in their vehicles. Police attributed the wrecks to poor driving in slowed traffic due to the first accident. The fatal crash that started the incident occurred on the westbound side of Interstate 4 at around 5:25 a.m.

A 27-year-old male driver was traveling west in a 2009 Mitsubishi when he lost control and drove into the concrete wall located at the Polk Parkway overpass. The driver inside the vehicle was pronounced dead at the scene of the crash. Florida Highway Patrol claims that he was not wearing a seat belt when the accident occurred.

Man files suit over wife's death on cruise ship

In April, 2013 a woman collapsed aboard the Carnival Conquest cruise ship and subsequently died of cardiac arrest after being admitted to a Florida hospital. The woman's husband recently filed a petition claiming that cruise ship's crew members delayed calling for medical attention and failed to provide care in a timely manner.

After she collapsed, her husband claims that members delayed providing medical attention to his wife. She was later taken to the medical center on board where she was revived by a nurse. However, due to oxygen deprivation, she suffered brain damage and died 16 days after being admitted to the hospital. According to the husband, the ship did not have adequate medical equipment on board nor was there a physician on duty at the time. He also claimed that the crew members were not adequately trained to handle the medical emergency.

Florida pedestrian killed by driver collision

A 22-year-old man was struck and killed by a white Ford Mustang in Cocoa shortly before 7 p.m. on Nov. 4. The Florida Highway Patrol issued a statement that indicated the collision occurred at the intersection of School Street and Dora Avenue. The man struck by the white Mustang was taken to a nearby hospital but eventually died from his injuries. Witnesses at the scene claimed the driver of the Ford fled the scene immediately after the collision occurred.

The vehicle involved in the fatal accident was later found unoccupied not far from the scene of the collision. Police officers were able to determine that the owner of the car was a 22-year-old man. The man was interviewed by police the day after the collision but he has not been positively identified as the driver of the vehicle at the time of the hit-and-run.

Takata asked to increase replacement part production

Florida residents may be interested in recent announcements concerning Takata airbags that are susceptible to rupture, particularly in high humidity regions where deterioration of the material inside the inflation canisters is more likely to occur. According to recent reports, the company is finding it difficult to produce an adequate number of replacement parts.

Government regulators, including the National Highway Traffic Safety Administration, are urging Takata to expedite production. Without this, repairing the canisters in the estimated 7.8 million vehicles might proceed too slowly. Factoring in that two deaths have been linked to the faulty inflation canisters, the urgency noted by the deputy administrator of NHTSA is clear. In a letter, he asked the company to determine the number of canisters that might be produced in response to this issue and whether the company has a way to increase that number. In addition, NHTSA asked if other suppliers might be involved in manufacturing replacements for the defective products and what quality control methods are currently in place. NHTSA will increase its own airbag testing procedures and has requested that Takata check to see if other defects exist. To prevent additional injuries, NHTSA has asked manufacturers to enhance recall efforts and put methods in place to urge owners to have their vehicles repaired on a timely basis.

Medical error disclosure issues

A Florida patient who is not recovering well after a medical procedure might wonder if the procedure may have involved problems or errors. In the past, a patient might suffer such an error and never be informed. Various physician concerns might result in failure to disclose an error, including fear of a medical malpractice claim as well as embarrassment over the situation. However, statistics indicate that disclosure has improved in recent years.

According to studies, patients' concerns in cases of medical errors are that all harmful errors would be disclosed with explanation of the reasons for their occurrence. Patients are also interested in being informed about how the effects are to be minimized and how the care provider will endeavor to prevent such an error from happening again. Although most medical professionals agree that full disclosure is appropriate, statistics show that more than half of physicians would only partially disclose, mentioning an adverse event without providing full information. Approximately 42 percent would provide full disclosure while 3 percent would give no disclosure of an error.

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.

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