South Florida Personal Injury Law Blog

Explaining medical malpractice

Medical malpractice cases are a serious issue and are extremely expensive to pursue, but that doesn't mean it isn't a practical choice in specific situations. Medical malpractice occurs when any health care professional or hospital does not properly care for or bypasses a step which causes injury to the patient.

This negligence can be due to errors in diagnosis, treatment, aftercare or hospital management.

Knowing if your doctor has been sued for malpractice

Your doctor has probably been or will be sued for malpractice. It's estimated that 75 percent of doctors are sued for malpractice eventually, even those in fields where lawsuits are relatively rare like pediatricians and general family doctors. The rate for surgeons climbs up close to 100 percent.

This may or may not be upsetting, perhaps depending on whether you think it shows that you can't trust doctors, or that you can't trust patients. Probably, the best take-away is that taking time to research and realistically understand your doctor's record of lawsuits is a good idea.

Legal relief for victims of traumatic brain injuries

Car and other traffic accidents can result in injuries that car accident victims may need help with. Victims of car accidents who may need help with the serious and catastrophic injuries they have suffered in an unexpected car accident should be familiar with the different types of injuries car accident victims may suffer and how the personal injury legal process can help victims with them.

One common type of catastrophic injury car accident victims can suffer in a car accident is a traumatic brain injury. Traumatic brain injuries refer to the disruption of normal brain functions caused by a bump, blow or jolt to the head. Brain injuries can cause deaths and permanent disability which, unfortunately, happens every year in the United States.

Cruise ship injury basics

This blog recently discussed the basics of cruise ships injuries, but it is also helpful for those injured on a cruise ship to be familiar with the injury claims process following such an injury. When an accident occurs on a cruise ship because of the negligence of a cruise ship operator, it is valuable for injured victims to be familiar with the options available to help them.

The cruise ship injury claims process is unique and can be complex because it involves maritime law, federal regulations and the contract between the cruise ship operator and the passenger included on the passenger's ticket for the cruise. When a passenger has been injured on a cruise ship while out a sea or in a port of call, they should immediately report the incident, obtain the names and contact information for any passengers or crew who can serve as witnesses to the incident, secure written eyewitness statements when possible, take photos and make sure to follow the time limit for making a claim prescribed on the back the passenger's ticket.

Cruise ship injury basics

When a family enjoys a cruise ship vacation, the last thing they may expect to suffer is an injury while on board, but when they do, it is important for them to understand the resources available to them to help them with a cruise ship injury claim to compensate them for their damages.

Some of the laws associated with a cruise ship injury claim are different than other types of personal injury claims so it is important for victims of cruise ship injuries to be familiar with these differences and the rules that apply to their claims for the harm they have suffered. Most claims for damages following a cruise ship injury need to be made where the cruise ship operator is headquartered, which is typically Florida.

Damages available to victims of serious injuries

Victims of car accidents and other types of traumatic accidents can suffer serious and catastrophic injuries they may find they need help with. Personal injury legal resources could help them recover compensation for the damages they have suffered.

Serious and catastrophic injuries may require ongoing treatment and care that can extend into the future. Victims may be able to recover future medical care expenses and their medical costs. Additional damages, such as those for permanent disability and disfigurement, may also be available. Victims may also need help with lost wages and may be able to recover compensation for lost-earning capacity based on the circumstances. Damages for loss of consortium, loss of enjoyment of life and loss of support and services may also be available.

What are wrongful death legal protections?

Wrongful death legal protections can help carry families through the difficult period of time following the unexpected loss of a loved one. A wrongful death claim for damages can help surviving family members recover compensation for their financial and emotional losses and hold accountable a negligent driver or other negligent party responsible for the wrongful loss of their loved one.

Families who have suffered the unexpected loss of a loved in a car accident or because of medical malpractice or another traumatic accident or negligence may find themselves unexpectedly facing financial and emotional challenges they were not prepared to take on. As they are coping with the loss of their loved one, wrongful death legal protections are a resource they should be familiar with. Wrongful death legal protections are a remedy that is available to protect surviving loved ones which is why family members should have their questions answered about the wrongful death process.

Man seeks damages after suffering cruise ship injury

When you think about the glitz and glamour of spending time away on a cruise ship, many never imagine coming home with a personal injury as part of the allure. However, cruise ships have been known to be dangerous with dozens or more passengers suffering injuries every year. Of course, precautions are put in place to prevent any injury, but negligence can still happen despite a cruise ship company's best intention. A man filed suit in Florida court against Carnival cruise line as he alleges they caused his cruise ship injury.

According to the claim filed in the U.S. District Court of Southern Florida, his fall is due to the negligence of employees. During a drill where the passengers are asked to attend their muster stations, he was hastily dragged away by an employee when he attended the wrong muster station. While being forcibly grabbed by the arm, he lost control and fell on the stairs. This incident caused injuries to his spine and thus damages are sought for loss of enjoyment of life.

Common medical errors at hospitals

There are rarely occasions when going to the hospital is a fun experience. Typically going to the hospital means receiving treatment for a condition or visiting someone who is sick or injured. Fortunately, the majority of patients’ conditions improve and they’re able to leave.

But there are also occasions when the medical staff makes a mistake that causes harm to the patient. Medical mistakes happen more often than you may think. In fact, medical mistakes have become one of the top causes of death in the United States. It’s important to be aware of common mistakes so you know when it’s time to hold the medical staff or hospital accountable.

Medical malpractice injury can be the fault of multiple parties

Whether your medical incident was planned, unplanned or otherwise mundane leading up to your medical malpractice injury, it doesn't matter. Medical professionals, HMO and clinics are expected to uphold a standard of care in all circumstances. Failure to do so can quickly lead to serious injury. If you have been injured in a medical malpractice incident, consider that there could be more than one party at fault.

This can be hard to see, prove or understand at first glimpse of medical malpractice injury. However, a full investigation can bring details to light or can uncover third party medical providers that you didn't even know were relevant or a part of your medical care. This isn't unusual. Who providers use in terms of equipment, third party providers or other medical parties isn't always disclosed to the patient. They are all expected to uphold the duty of care, whatever their impact or role in a patient's medical care.

Menendez Trial Attorneys | 113 Almeria Avenue |Coral Gables, FL 33134 | Phone: 305-445-6500 | Map & Directions

  • badges-1
  • The-florida-bar-board-certified
  • Av-preeminent
  • caba