Miami Injury Lawyer Blog

IMG_4741Medical malpractice occurs when a medical provider, such as a doctor, hospital or clinic, performs an act or omission during the course of treating a patient that deviates from the accepted norms of practice in the medical community, causing injury to the patient. Medical malpractice occurs often here in Florida. It is critical that you are aware that Florida law places a strict deadline on when you may file a lawsuit for a medical malpractice claim.

If you or a loved one is injured at the fault of a medical provider, such as a physician, clinic, or hospital, it is imperative that you hire an experienced medical malpractice attorney. The Florida medical malpractice lawyers at Gerson and Schwartz, PA are here for you! Our attorneys represent medical malpractice victims and their families throughout Miami Dade, Miami Beach, The Florida Keys, Fort Lauderdale, Broward, and West Palm Beach.

The Applicable Statute of Limitations Period

file0001812797650Despite medical professionals having to endure strict educational and internships requirements before entering the profession, instances of medical malpractices continue to occur across the nation. Per the National Academies, medical malpractice kills more Americans annually than automobile accidents. Countless more victims survive with lifelong disabilities.

As you may know, medical malpractice occurs right here in the sunshine state, too, and in high numbers. As a matter of fact, Florida ranks in the top five states for medical malpractice payouts.  As a way of shielding against such claims, medical providers are required to obtain their patients’ informed consent before engaging in a medical procedure. This post is aimed at clarifying this somewhat complex concept.

If you or a loved one is injured at the fault of a medical provider, such as a doctor, hospital, or clinic, it is imperative that you hire an attorney for your case. The Florida medical malpractice lawyers at Gerson and Schwartz, PA are here for you.

DSC04655-2Here in the sunshine state, criminal cases of robbery are not rare. Thousands of Florida residents are victimized by this dangerous crime. Per Florida Crime Rates, there were 24,914 robberies in the year 2014 alone. According to the Tift County Sheriff’s Office, deputies recently responded to an armed robbery in the area of Thornhill Road and Rainwater Road. The victim of this robbery was a 16-year-old boy who was robbed at gunpoint. $80.00 was taken from him. Before officers arrived at scene, the suspect drove off. He then abandoned his vehicle and fled on foot into the area of Third Street and South Park Avenue.      

The young boy in the above case is lucky to have survived this incident. Many people do not. If you or a loved one has been the victim of a crime, contact the Miami, Florida crime victim lawyers of Gerson and Schwartz, PA a FREE consultation. We are available at 1-877-475-2905 and at info@gslawusa.com. You will not owe any attorney’s fees unless we collect money on your behalf. Se Habla Español. If you speak another language we will find a way to translate so we can listen and advise.

Robbery Defined

DSCF0068Oh, the joys of living in Florida! The warm weather, the beaches, the activities, the list goes on.  Yet, what we do not want to speak of is Florida’s high burglary rate. Burglary is unfortunately a common crime here in the great state of Florida. In the year 2014 alone, there were 143,220 reported burglaries in Florida! Earlier this week, on Memorial Day, a 40-year-old male, Greg Cruz, was arrested for burglary of a Bradenton church. Mr. Cruz is accused of stealing video and audio equipment from the church. Cruz gained access to the church by breaking through a window.    

If you or a loved is a victim of a burglary, it is imperative that you hire an experienced attorney.  The crime victim lawyers at Gerson and Schwartz PA have the experience and skill needed to best protect your interests. For more information call us toll free at 1-877-475-2905 or contact us online to set up a FREE initial consultation.

Burglary in Florida

file000530964878Per Florida statute, a person shall be charged with driving under the influence if he or she has a “breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”  In Florida, as in other states, DUIs are a daily threat to public safety. As a matter of fact, per Mothers Against Drunk Drivers (“MADD”), 27.5% of all traffic fatalities in Florida involve drunk drivers. In the 2014 alone, there were 40,677 DUI arrests.

A doctor, 61-year-old Eric Martin Spivack, living in South Florida, was arrested for the crash that killed a pedestrian in North Miami Beach. Spivack faces a DUI manslaughter charge.  Spivack, a cardiologist, was driving when he fatally struck Yakov Duboschinskiy, 77 years of age.  Duboshinskiy was crossing the street when he was hit. When police arrived at the scene, they noted that Spivack smelled of alcohol. A toxicology test would later reveal that Spivack had a blood-alcohol level of .087. This is above the legal limit of .08. Spivack also had traces of codeine in his system.  

If you or a loved one are a victim of a crime, it is imperative you hire an experienced attorney.  The Miami crime victim lawyers at Gerson and Schwartz, PA provide high quality legal representation. For more information call us toll free at 1-877-475-2905 or contact us online to set up a FREE initial consultation.

Railroad companies across this nation have strict rules to follow. Most of the rules serve purposes of safety and protection of motorists and pedestrians. As you may know, sometimes railroad companies do not follow said rules. This can cause fatal accidents. Yet, train passengers and nearby motorists can be injured or even killed by trains even when train companies follow the rules.    

For instance, recently in Plant City, Florida, a passenger in a SUV was killed when a train struck the vehicle. This accident occurred at the railroad crossing for Candis Road and Paul Buckman Highway. 19-year-old Bruce Dean drove the vehicle. Mr. Dean, apparently, attempted to beat the train through the intersection. During this failed attempt, the train forcefully smashed into the passenger side of the SUV. The passenger died at the scene. Per statistics, the overall most common cause of railroad accidents occurs at railway crossings. As in the above-mentioned incident, motorists make attempts to beat oncoming trains through the intersection. In actuality, studies find that this type of accident in the United States occurs every 90 minutes.     

If you or a loved one is injured from a train accident, at the fault of the railway or train company, it is imperative to hire an experienced personal injury attorney for your case. The Miami personal injury lawyers at Gerson and Schwartz, PA are here for you.

treadmills-lcd-displayGym memberships have significantly increased in number over the years. In the United States, there are currently 50 million individuals with gym memberships. With the steady increase in the amounts of people flocking to the gym over the years comes the increased risk of gym related injuries. Sometimes the injury is the fault of the gym owner, manager, or even a personal trainer.   

If you or a loved one sustains an injury at the fault of another person, it is imperative to retain an experienced attorney. The Miami personal injury lawyers at Gerson and Schwartz, PA are here to help. Our attorneys represent accident victims and their families throughout Miami Dade, Miami Beach, The Florida Keys, Fort Lauderdale, Broward, and West Palm Beach.

The Inherent Risk of Injury and Related Laws

credit cardIn short, credit card fraud refers to the theft and fraud committed using or involving a payment card, such as a debit card or credit card, as a fraudulent source of funds during a payment transaction. The motive for such crime may be to obtain goods without paying for them or to obtain unauthorized funds from an account. Credit card fraud is, unfortunately, not as rare as you may think.  

Just recently, a Disney cruise ship rescued three people holding on to a capsized boat around 40 miles north of Cuba.  It would later be found that the three individuals were attempting to escape credit card fraud charges in the United States. Two of the three had outstanding warrants on federal charges stemming from New Orleans. A warrant was issued for the third suspect. The suspects were trying to flee to the Communist-led Island. As mentioned above, credit card fraud is among the most common forms of scams. Florida-based rings, in essence, clone stolen credit numbers, encode them onto newer credit cards and then the individual will travel the country, making unlawful purchases. They also purchase gift cards at retailers. The gift cards would then be sold, at a discount, for cash. From these acts, several major retailers have lost millions of dollars. The suspects’ credit card fraud scheme involved the use of 28 fraudulent cards.  

It is no fun being a victim of credit card fraud. It may certainly lead you to feel helpless. It is imperative that you retain an attorney for your case. The Miami credit card fraud lawyers at Gerson and Schwartz, PA can provide the help you deserve.  

file6401241478721Recently, on the beach of Fort Lauderdale, Florida, a young boy was playing in a bounce house when, all of a sudden, 85 miles per hour wind gusts triggered the bounce house to take flight causing the young boy to fall about 20 feet to the sand, breaking his arm. His parents filed a lawsuit against the city and the vendor, All Star Events, for damages. Said lawsuit alleges All Star Events was negligent in the way it assembled and secured the bounce house, failed to warn of the risks, failed to monitor the weather, and its failure to train personnel for emergencies, and other claims. The boy’s parents argue that All Star Events breached its duty of providing a safe environment for guests.

If you or a loved one sustained an injury at the fault of another person, it is imperative that you seek legal representation. Doing so will increase your chances of adequate compensation. The experienced Miami personal injury attorneys at Gerson and Schwartz, PA are here for you. Our attorneys have been representing accident victims and their families throughout Miami, Fort Lauderdale and other parts of South Florida for more than 43 years.

Statute of Limitations

A Miami  strip club turned into a deadly crime scene after shots were fired in a parking lot of Club Extacy Gentleman’s club located at 728 NW 79th St in Miami, Florida. According to reports, at least two people were struck by the gun fire. One person was fatally wounded and the other, one Courtney Yarborough was rushed to Jackson Memorial hospital in critical condition. Leading Miami Personal injury lawyers at Gerson and Schwartz, PA are looking into the details about the case because the firm specializes representing crime victims and family members of crime victims for the criminal acts of third parties. The firms has represented numerous victims of violence including victims seriously injured at night clubs and other commercial businesses throughout Miami-Dade and Broward Counties.

Regardless of whether or not there is an arrest, there may be a negligent security claim pursued on behalf of the victims family members.  Under Florida law, property owners have a legal obligation to maintain their premises in a reasonably safe condition. Property owners and landlords must provide reasonable safety and security measures for the protection of their guests, and tenants.  What is reasonable under the circumstances will depend on a number of factors such as whether or not there was a history of violence on this property. The fact that this incident occurred in a strip club may imply that private security guards and detailed security patrol procedures were necessary in order to provide a safe premises.What the security plan or procedures in existence remain unclear. However, it appears that this not the first time there has been the potential for violence on the premises before this past weekend.

Under Florida law, property owners and business operators, such as the club Extacy operators may be liable if they fail to undertake reasonable security measures. In this case, it appears that a fight may have begun inside the club earlier that evening and was what initiated some of the violence. There are multiple legal theories of legal  liability to hold others financially accountable for what transpired. Gerson and Schwartz, PA has over 45 years representing injury victims and their families. For more information, contact Gerson and Schwartz, PA today at 305-371-6000 or email info@gslawusa.com

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