Miami Injury Lawyer Blog

An East Naples man is suing NCH Downtown Naples Hospital after he reportedly suffered second-degree burns during surgery to install a pacemaker in 2008. Earlier this month, 72-year-old Frank Komorowski testified that he was burned on his chest, neck, and shoulder while under anesthesia. Komorowski stated he awoke to smell his own skin burning after he heard a nurse’s screams.

Although surgical fires are rare, between 550 and 650 operating room fires occur each year in the United States. In addition to severe burns, surgical fires may cause permanent disfigurement and death. The Anesthesia Patient Safety Foundation estimates about 65 percent of operating room fires involve a patient’s face, neck, head, and upper body. If a burn reaches the patient’s airway, it is often fatal. The problem is common enough the nation’s Food and Drug Administration (FDA) began a medical professional education safety initiative designed to combat operating room fires last fall. The FDA also recently held a webinar to teach health care providers how to reduce the risk for surgical fires.

At a recent hearing on Komorowski's case, an attorney for the hospital argued in Collier Circuit Court that the hospital was not negligent. Instead, she told the court the surgeon who installed the pacemaker caused Komorowski's injuries. The attorney also argued the hospital could not be held liable because the surgeon was not an employee of the hospital at the time of the fire. An expert for the hospital stated oxygen under a surgical drape likely caused the fire.

Komorowski's attorney countered the hospital’s arguments by stating it is widely recognized that surgical fires do not occur absent negligence. Although no one was willing to take responsibility for the incident, operating room nurses and Komorowski's own surgeon reportedly agreed that an alcohol-based antiseptic was not allowed to dry fully before the surgeon began to operate. As a result, an electrical cauterizing device allegedly ignited the fire.

Following the hearing, Judge Hugh Hayes ruled adequate evidence existed to prove hospital negligence. As a result of the judge’s ruling, a jury will soon be tasked with determining the amount of damages Komorowski and his wife will receive from the hospital as a result of his burn injuries.

Each year, many people in Florida are hurt or killed by a health care provider’s negligence. Medical professionals such as surgeons and nurses have a duty to provide their patients a certain level of care. When health care providers make mistakes or fail to provide the required level of care, a patient may file a medical malpractice lawsuit. If you were hurt by someone tasked with providing your medical care, you should contact a skilled South Florida medical malpractice attorney to help you protect your rights.

Continue reading " East Naples Man Sues Hospital After Suffering Second-Degree Burns in Operating Room Fire " »

Inundating the news media this week is the trial of former Penn State coach Jerry Sandusky, the accused sex offender who is charged with sexually assaulting 10 boys over 15 years. Each of these alleged victims were specifically chosen by Sandusky during the time he founded a charity for underprivileged boys, called The Second Mile. The victims spoke of their feelings of shame and fear not only about being abused, but also about their lost contact with Sandusky.

After, these boys were selected by Sandusky as his victims, he began purchasing gifts such as golf clubs, and watches.He gave them opportunities to attend Penn State football games and introductions to meet the players. In most cases, the victims came from homes where there was no father figure. Sandusky filled a void in these children's lives. They spoke of how Sandusky made them feel important, like a part of a family unit, that they otherwise lacked at home.

One of the most riveting moments in the trial thus far, was when one of the victims spoke about how he did not want the attention to stop. After it did, he was heartbroken. Perhaps even more perplexing is what child psychologist, Judith Cohen, medical director of the Center for Traumatic Stress in Children and Adolescents at Allegheny General Hospital in Pittsburgh, revealed. She explained that even when a child is being physically or sexually abused, if the child feels an emotional bond with the perpetrator, he or she may view the relationship as special. If and when the relationship ends, the children are often highly disappointed.

The victims on the stand during the Sandusky trial expressed this train of thought, exactly, (ABC.NEWS.com)According to the center for Disease Control and Prevention, one in 6 boys will be abused before they turn 18, and one in four girls will experience the same exploitation. Personal injury attorneys and law firms like Gerson & Schwartz, PA strive to protect children by recovering money damages from sexual predators to expose them, and to disable their ability to continue abuse.

Unlike many other crimes, sexual abuse is usually a long term behavior pattern by offenders. Crime victims, especially children, need professional representation from experienced lawyers to fight for their rights. As in the Sandusky case, children frequently do not come forward if they are being abused until they are prompted by adults who have some knowledge about the abuse.

If you have knowledge of sexual abuse or suspect that abuse may be happening please come forward. The team at Gerson & Schwartz, PA will protect your anonymity at all costs. We have consulted with lawyers representing victims in this case and are part of a national network of lawyers fighting to end sexual assault and exploitation of children.

Children cannot defend themselves, they need help. At Gerson & Schwartz, PA we will fight for the rights of those who cannot protect themselves. (305)371-6000 or info@gslawusa.com

Last week, the driver of a pickup truck carrying four Broward County teenagers lost control and rolled into a canal, killing one teen and injuring another. According to witnesses, a four door Toyota Tacoma driven by 18-year-old Vincent Terracciano was traveling westbound on Krome Avenue when the vehicle suddenly veered off of the dirt road near Okeechobee Road. The teens were reportedly headed to Mack’s Fish Camp to swim and fish on their first day of summer vacation. Instead, the owner of the camp, Keith Jones, pulled the four boys from the partially submerged vehicle.

Following the crash, three of the four teens remained conscious. According to Jones, the boys were trapped inside of the pickup with a small air pocket. Jones reportedly used a piece of farm machinery to roll the truck upright before he pulled all four young men from the vehicle. Jones stated he performed CPR on the unconscious teen, 18-year-old Nathan Northrup of Davie, until rescue crews arrived. Northrup was taken by emergency helicopter to Memorial Regional Hospital where he was later pronounced dead. Emergency responders also took 17-year-old Ricardo Vera to Memorial Hospital Miramar by ambulance for treatment of non-life threatening injuries. The driver and another 18-year-old passenger were not injured in the crash.

According to the Broward County Sheriff’s Office, drug and alcohol use was not a suspected factor in the accident. Although the cause of the crash is currently being investigated by the Sheriff’s Traffic Homicide Unit, investigators reportedly believe excessive speed played a role in the incident.

Unfortunately, automobile collisions are one of the most common causes of personal injury and wrongful death in Florida. A car, motorcycle, or truck accident such as this one often occurs when you least expect it. Car accidents can potentially cause a wide range of complex injuries and lifelong disabilities. Tragically, motor vehicle collisions can also result in the death of your loved one.

If you were hurt or lost a family member in a motor vehicle crash, you may be eligible to receive financial payment for medical bills, lost wages, lost earning capacity, disability, pain, suffering, and funeral expenses. A capable Miami personal injury lawyer can help you file your claim.

Continue reading " One Teen Killed, Another Injured When Pickup Rolls into in Broward County Canal " »

Statistics have shown that texting while driving is a leading cause of car accidents today. In fact, motor vehicle accidents involving negligent drivers who are sending texts while driving down the road are reaching epidemic proportions. In 2010 AT&T launched a campaign “Texting and Driving…IT Can Wait” to raise public awareness about the seriousness of texting and driving for teens and adults, alike. Now, the cellular giant has extended its campaign by going into high schools and conducting a demonstration for students using a driver simulated computerized program; in order to exemplify how quickly, sending a text message can turn into being involved in deadly car crashes.
The fact of the matter is that texting and driving has not yet been outlawed in the state of Florida. Despite that fact that there is various legislation in the works, such as “Heather’s Law” and more recently, “Ali’s Law”, Florida lawmakers have not agreed upon a plan to make our highways and roads safer. The ongoing discussion between Florida lawmakers, concerning the connection between motor vehicle accidents and texting are still being debated.
Car accident attorneys at the Law Firm of Gerson & Schwartz, PA understand the risks involved in this dilemma. According to the National Safety Council, more than 25 percent of car accidents in the U.S. are caused at least in part by cell phone use. The distractibility of a driver who uses a cell phone to text is clear. Fatal car crashes occur daily when individuals take their eyes of the road to read or send a text message. This distractibility is a recipe for disaster.
If you are anyone you know has been involved in an automobile accident and needs the assistance of highly qualified personal injury attorneys, contact the Law Firm of Gerson & Schwartz, PA. With over 40 years of experience, in the Miami Dade area, the professional team at Gerson & Schwartz, can and will seek the damages and compensation you deserve. Contact (305)371-6000 or info@gslawusa.com.
SOURCES: Sun-Sentinel.com; The Miami Herald.com

This week a man was shot and killed and another man was seriously injured outside the nude dancing Miami night club, called "Club Lexx", located on NW 27th Ave. in Miami, Florida. A witness stated that an altercation took place between the security guard and the two men who were shot. Both individuals were taken to Jackson Memorial Hospital following the shooting. One died and the other remains in stable condition. What if any security measures there were at the club and or parking lot are not clear. However, according to sources this was not the first violent crime at this Miami location. Other reports state that a van in the parking lot was riddled with bullets. It is still unclear if there was any security measures in the parking lot.

Individuals who go to nightclubs must rely on the security to keep them safe. Especially, at a place where the patrons are checked to ensure they do not have any deadly weapons on their persons when entering, the customer's expectation is that no deadly force will be used against them even in a confrontation. A security guard should not be shooting at unarmed individuals who do not pose an equal threat to their safety.

Continue reading " Club Lexx Night Club Shooting : One Man Killed by Security Guard " »