Miami Injury Lawyer Blog

June 26, 2020

Surgical Errors by Florida Doctors can Lead to Serious Injuries

There are risks associated with any type of surgery, whether you are being treated under emergency circumstances or through an elective medical procedure. The intricate, meticulous nature of surgery means that any slight mistake can lead to serious harm, long-term complications, and even death for the patient. Unfortunately, the vast majority of surgical errors are preventable. Online health care resource WebMD indicates that there may be more than 4,000 mistakes made by surgeons every year; the actual figure may be higher than this estimate because of issues with reporting.

Surgical mistakes are referred to as “never” events because they should not ever occur when a provider in the specialty area of surgery exercises due care. These errors can rise to the level of malpractice, so you should discuss your legal remedies with a Miami medical malpractice lawyer. You might also find it useful to learn about the most common surgical errors.

Leaving Objects Inside the Patient: Fatigue, interruptions, and understaffing may lead a physician to be careless when suturing a patient after surgery. He or she may not notice that a sponge, tool, clamp, or other equipment was left behind. This type of surgical mistake is especially harmful because the object may not be discovered for weeks or months afterward.

June 24, 2020

Out-of-State Victims’ Rights in Miami Auto Accidents

by Gerson & Schwartz, P.A.

Miami enjoys a booming tourist industry with visitors coming from all U.S. states. Sadly, being on vacation does not insulate you from the risk of being involved in a car accident. Injured victims from out-of-town face an even more overwhelming situation after an auto crash, since they are in unfamiliar territory – geographically, logistically, and legally.

The good news is that many of the laws that apply to motor vehicle crashes in your hometown also apply if you were hurt in a collision in Florida. However, there are some unique factors that can be complicated when you are trying to enforce your rights from afar – AND recover from your injuries at the same time. A Miami car accidents attorney can explain your remedies and assist with the legal process, but some general information may also be useful.

Car Accident Claims Process for Non-Resident Victims

June 19, 2020

Recent Lawsuit Targets Miami Apartment Complex for Negligent Security

by Gerson & Schwartz, P.A.

In a lawsuit recently filed in the Miami-Dade Circuit Court, plaintiffs are seeking $25 million in damages from the owners of an apartment complex in Gladeview, a suburb just northwest of Miami. The allegations stem from an incident that occurred in November 2019, when a man was killed by a tenant while attempting to visit his mother at her apartment unit. The wrongful death case was filed on behalf of the victim’s widow, who claims that the defendants failed in their duties as property owners and other parties in control over the apartment complex.

While the allegations are very detailed in terms of facts, the lawsuit is based upon a concept termed premises liability in the practice of law. The key issue revolves around what the defendants did and did not do to keep the apartment complex safe for residents and their visitors. Because of the complicated legal issues, it is important to work with a Miami negligent security attorney if you were hurt because of criminal acts on property. An overview may also be helpful.

Legal Basis for Negligent Security Cases

June 17, 2020

Reasons Miami Car Accidents Increase Over the 4th of July

by Gerson & Schwartz, P.A.

The National Highway Traffic Safety Administration (NHTSA) periodically assesses multiple holidays throughout the year to determine which are the most dangerous to be on the road, and its findings should be noted for the one coming up soon — the Fourth of July. In a Traffic Safety Facts publication on holiday car accident fatalities in 2019, NHTSA revealed that 594 people were killed in motor vehicle crashes over July 4, ranking #1 among all single holiday periods.

Some of the reasons for this increase in auto crashes around the holidays are obvious, while others might surprise you. If you were hurt, you should consult with a Miami car accidents attorney about your legal options. Meanwhile, you can review some of the key contributing factors that make the Fourth of July a particularly dangerous time for motorists.

Drunk Driving

June 12, 2020

Avoiding Miami Bicycle Accidents: Tips on Riding Predictably

by Gerson & Schwartz, P.A.

It is shocking to learn that more than 1,000 people are killed and another 306,000 are injured every year in bicycle accidents across the US. However, another trend indicated by the National Highway Traffic Safety Administration (NHTSA) is even more disturbing: In its recent publication on Traffic Safety Facts: Bicyclists and Other Cyclists, 75% of bicycle accidents occur in urban areas like Miami. There have already been 304 of these incidents in Miami-Dade County as of early June, just at the halfway point of 2020.

You probably hear plenty of tips on wearing a helmet, preparing your bike, and putting on safety gear to protect yourself – as well as contacting a Miami bicycle accidents lawyer if you were hurt. What you may not know much about is the practice of “predictable” cycling. To a certain extent, you hold the key to reducing these incidents, so read on for some tips on how to be predictable while riding.

How Riding Predictably Decreases Bicycle Accidents

June 10, 2020

The Extreme Dangers of Drowsy Driving in Miami

by Gerson & Schwartz, P.A.

You might read a headline once in a while about a Miami car accident caused by a motorist falling asleep at the wheel, but you would probably never expect to be personally involved in a drowsy driving crash. Unfortunately, statistics reveal that fatigue is common among drivers and it can be a key factor in serious accidents. The Governors Highway Safety Association (GHSA) estimates that there are around 328,000 drowsy driving collisions every year in the US; approximately 6,400 of these incidents were deadly and another 109,000 caused injuries to at least one person. However, GHSA notes that there is some margin of error on fatigued driving crashes figures due to reporting issues.

If you or a loved one was involved in a drowsy driving collision, it is important to consult with a Miami car accidents attorney right away about your legal options. Plus, some information on the dangers may help you avoid becoming a victim.

The Dangers of Drowsy Driving

June 5, 2020

What is “Constructive Notice” in a Miami Slip and Fall Accident?

by Gerson & Schwartz, P.A.

While often referred to as “slip and fall” accidents, the nature of your legal rights falls under the category of premises liability if you were hurt in such an incident. As with many other personal injury claims, the basis of these claims is negligence. You can recover compensation if you can prove that a property owner knew or should have known about a dangerous condition on the premises, and that person or entity failed to address it – either by fixing the hazard or warning others.

However, the language “knew or should have known” often confuses people in terms of proving the essential elements of a premises liability case. In short, the phrase relates to a property owner having notice of the dangerous condition. The legal details are much more complicated, which is why you should trust a Miami slip and fall accidents attorney to assist with your case. Some general information may also be helpful.

The “Notice” Requirement

June 3, 2020

Paying Medical Bills After a Miami Car Accident

by Gerson & Schwartz, P.A.

You do have legal remedies available after being hurt in a Miami car accident, including the option to seek compensation for your losses. In a particularly serious crash, you may be able to pursue the responsible driver’s insurance company by filing a claim. The objective is to recoup monetary damages for the costs you have accrued and other ways your injuries impact your life. However, as you might expect, it is not likely that you will receive a check overnight. Instead, your compensation will be paid out after your claim is resolved – either through a settlement agreement with the insurer or in court. Therefore, you could have difficulty paying your medical bills, especially if your injuries prevent you from working.

It is a relief to know that there could be other sources you can turn to when you need financial support as the victim of a collision. While your Miami car accident attorney is working through the claims process, you should also ask about getting funds through:

Your Auto Insurance PIP Coverage

May 29, 2020

Understaffed Florida Nursing Homes Put Residents at Risk

by Gerson & Schwartz, P.A.

Nursing homes have a legal duty to ensure that residents enjoy a safe living environment and quality care, an obligation that stems from Florida law and by contract. Unfortunately, far too many assisted living facilities fail to live up to their obligations. One of the biggest threats to residents is understaffing, a problem highlighted in a PBS article. A recent study found that most nursing homes had fewer nurses and caretakers than they reported to officials, leading to significant fluctuations in staffing. Weekends are a particular concern, with staff being responsible for almost twice as many residents.

When nursing homes simply do not have sufficient personnel to deliver essential services and the level of care required by residents, neglect and abuse become serious issues. Because some victims are not in a position to address misconduct on their own, loved ones must often step up to seek justice. If you believe understaffing was behind harm to your loved one, you should contact a Miami nursing home abuse and neglect lawyer right away. It is also important to understand the dangers.

Reasons for Nursing Home Understaffing

May 27, 2020

Will V2V Communication Reduce the Potential for Car Accidents in Miami?

by Gerson & Schwartz, P.A.

The National Highway Traffic Safety Administration (NHTSA) is always investigating features that promote safety and reduce the risk of car accidents. One of the latest efforts involves Vehicle-to-Vehicle Communication (V2V), which is technology that allows vehicles to wirelessly exchange information. By communicating traffic-related factors with other vehicles, V2V can alert drivers regarding threats and enable them to avoid a collision. The NHTSA estimates that, if every vehicle on the road was equipped with V2V technology, 615,000 motor vehicle accidents could be prevented and 1,366 lives could be saved.

There is a long road ahead to get V2V communication installed on every vehicle on the road, so the potential for fatal and injury-causing crashes remains a reality. If you were hurt or lost a loved one, it is important to get in touch with a Miami car accidents attorney right away. You might also be interested to learn more about V2V technology.

Overview of V2V Communication