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Miami Personal Injury Law Blog

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.

Prevention and wrong-site surgery precautions

Florida patients might wonder how a wrong-site surgical error could possibly happen. Prior to such a procedure, many factors can result in a breakdown in leadership, communication or important procedural activities. When such a breakdown occurs, mistakes can happen, and a patient can suffer the most significant consequences, experiencing potentially permanent damage physically and emotionally. At the same time, a medical facility and its personnel can suffer too as a surgical error affects records and carries potentially significant financial and professional consequences.

The process for the patient and surgical team can affect the outcome, making it important to be deliberate and careful during patient assessment and team briefing prior to a procedure. Communication with the patient is important, and a sign-the-site approach may ensure that the patient acknowledges the procedure and that the surgical team can adequately review the location. Similarly, good communication about the planned procedure among those to perform it allows for clarification on any points of confusion.

What is product liability?

If a Florida resident is hurt by a defective product, product liability laws may allow the person to seek compensation from the responsible parties. This may include physical property and also refers to pets, gas and real estate.

Defendants in products liability cases can include any party or parties who manufactured or sold the product like a retail store, assembling manufacturer, producer of the component parts or wholesaler. Product liability cases usually appear in civil court and are considered common law. To win damages, one must show a product is defective. This means one must show that an item can cause harm, and the degree of care a defendant exercised usually does not matter.

Florida crash claims 1 life and injures 3

A crash in Tampa caused the death of one man and critically injured three others around 4:30 p.m. on Sept. 10. The driver of the vehicle that allegedly caused the crash died at the scene. The roadway was closed for several hours as police cleared the debris and investigated the accident.

The crash happened at Hillsborough Avenue's intersection with Double Branch Road. According to a Florida Highway Patrol representative, a 2008 Hyundai and a Ford F-250 that was towing a trailer were both heading east on Hillsborough Avenue when the 18-year-old driver of the Hyundai tried passing the pickup. The car hit the truck's front end, which caused the Hyundai to collide with a Chrysler after hitting a cement barrier. A jack from the Hyundai was ejected from the vehicle's trunk and hit an eastbound BMW in the multi-vehicle accident.

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