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Miami Personal Injury Law Blog

2 injured after car barrels into South Florida gift shop

Authorities reported that a car recently crashed into the front of a Miami Beach shop. The August 11 incident transpired at approximately 7 a.m. and left two people with injuries.

Details about the incident were not clear in the immediate aftermath of the incident. Police indicated that investigators are looking into whether there was a traffic accident that preceded the incident and if any other factors 'played a role" in the event.

Florida accident seriously injures former mayor of Hialeah

An accident in Miami on I-95 seriously injured Julio Martinez, who was the mayor of Hialeah from 1990 to 1993. The 71-year-old former mayor was hurt in the Aug. 4 accident while he was helping a friend change a tire. Martinez went to Ryder Trauma Center at Jackson Memorial Hospital after the collision and was reportedly in critical condition as of Aug. 6.

Martinez was said to be between his Mercedes and his friend's Dodge Ram when a man driving a Honda Accord south near the northwest 95th Street exit lost control and struck the Dodge. The Dodge hit the Mercedes, and Martinez was thrown onto pavement several feet away. The El Nuevo Herald reported that his wife said the former mayor had surgery on Monday and Tuesday.

Reckless driver injures 2 on Florida causeway

A man is facing criminal charges for driving recklessly and causing a three-vehicle accident that critically injured two in Miami, Florida, recently. The man could also face personal injury action from the injured plaintiffs, who police say are in critical condition following the accident on Thursday, Aug. 7.

According to accident reports, the 34-year-old from Texas was allegedly traveling over 80 mph in a 40 mph zone on the causeway when the accident occurred. Witnesses say the Ford F-150 pickup changed lanes and hit a white Mazda passenger car that was sitting still at a red light. Upon impact, the car was pushed and hit the side of a BMW.

GM warned about airbag problem 7 years before recall

Miami residents might be interested to learn that General Motors was warned about potential problems in their vehicles seven years before they decided to do a massive recall. According to reports, many of the warnings about the possibly defective products came from rental car companies who were the first to use the vehicles en masse.

In 2006, a new Chevrolet Cobalt vehicle that was rented from Vanguard Car Rental USA was involved in a fatal rollover crash. Although the driver's seat belt had been buckled, the air bag in the car never deployed, and the driver was killed. After looking into the crash, the performance of the vehicle during the accident prompted an investigator to contact GM with concerns.

Medical malpractice not limited to physicians

As Florida patients may know, medical professionals and other healthcare providers may be held liable for damages suffered by a patient if negligence contributed to a victim's injury. In addition to a practitioner, a lawsuit might include the hospital or a drug manufacturer as a defendant in certain medical malpractice cases.

Hospitals, whether privately or publicly operated, are responsible for what occurs in the facility and may be involved in the injury a patient suffers. For example, they may be held accountable for negligence due to inadequate staffing or held liable for the negligence of their employees. A hospital is required to screen employees to assure that their credentials and licensing are in order. Failing to do that makes them liable under a corporate negligence umbrella if a patient is injured. A hospital, as an employer, may also be liable if the employees are negligent in their duties.

Commonly misdiagnosed diseases revealed in new study

While there is a lot of attention given to medical errors related to surgeries and prescribing incorrect medications, Florida residents may not be aware of another all too common source of harm to patients: diagnostic errors. Failure to diagnose a medical condition correctly or in a timely manner is estimated to occur in about 10 to 20 percent of medical cases, which can lead to serious harm to the patient.

Some of the most commonly misdiagnosed conditions, according to a study from the Internet Journal of Family Practice, include pulmonary emboli, heart attacks, cardiovascular disease, cancer and strokes. These are serious conditions, and in the case of pulmonary emboli, which are blood clots found in the lungs, 30 percent of individuals who go without treatment will die due to a misdiagnosis.

Head-on crash kills motorcyclist in Florida

A 41-year-old motorcyclist was killed in a head-on collision on Interstate 95 near Route 836 on the evening of July 23. The motorcyclist was traveling southbound behind a Dodge Ram when a pickup truck traveling the wrong way on the interstate approached. The driver of the Dodge Ram swerved to avoid hitting the pickup and was sideswiped by the wrong-way vehicle, which then struck the motorcycle.

The Florida Highway Patrol reported that the motorcyclist was killed when he crashed through the car's windshield. The driver of the pickup was injured and was taken to a Jacksonville hospital. No charges have yet been filed against him.

Widow wins cases against tobacco company

Due to a ruling by a jury in Florida, R.J. Reynolds Tobacco Company will pay $23.6 billion to a woman whose husband died of lung cancer. The company is the second largest cigarette maker in the United States. The woman's husband, who died in 1996, was a regular smoker, and one of her attorneys said that tobacco companies have told lies about the dangers of their products.

In 2013, Reynolds was ordered to pay $22.5 million in punitive damages after a jury in Florida decided in favor of the family of a woman who died from lung cancer. Other lawsuits against large tobacco companies have also been decided in the favor of smokers or their families, and appeals courts have upheld the rulings. In 2006, the Florida Supreme Court ruled that smokers or their families do not have to prove that tobacco companies distributed a harmful or defective product in order to file a suit.

Florida motorcyclist dead after hit-and-run

A motorcyclist died in Sarasota after a hit-and-run involving a sedan occurred on July 12. The accident occurred shortly after 10 a.m. Police initiated a search for the hit-and-run driver but had not found the individual by evening.

A 71-year-old local man was riding his motorcycle westbound when he stopped in traffic at the intersection of Bee Ridge Road and Lockwood Ridge Road. As he proceeded through the intersection, a Honda sedan collided with the back of his motorcycle, which became caught on the car. The Honda then proceeded westbound on Bee Ridge Road while dragging the motorcycle about 250 feet. An emergency crew took the motorcyclist to Sarasota Memorial Hospital where he was pronounced dead despite having been wearing a helmet.

Reducing prescription errors for kids

Florida residents may be interested in a recent article detailing the efforts of doctors to lower medication errors related to children. According to the article, between 5 and 27 percent of all children's medication orders result in some error of prescription or dosage, and these mistakes lead to about 7,000 deaths each year.

Researchers admit that correcting these mistakes is a complex task. They said that achieving maximum benefit of the changes is a collaborative process that must involve not only healthcare professionals, but also parents and caregivers that ultimately dispense the medication.

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