Tallahassee

Florida Personal Injury Laws

Filing A Florida Accident Or Injury Claim?

If you have been injured and seeking a lawyer to file a negligence claim you should be familiar with the Florida  laws that govern accident, injury and death lawsuits.

Important Deadlines

You have four years from the date of the accident to file a lawsuit. There are ways to file for an extension.

Comparative Negligence

The amount of compensation you re entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident.

Florida No-Fault

This means that your insurance policy ( personal injury protection coverage) will provide compensation for medical expenses and lost income, no matter who was at fault for the accident.

Personal Injury Lawsuits Are Filed For:

  • Permanent injury
  • Significant and permanent scarring or disfigurement,
  • Significant and permanent loss of a bodily function.

Liability Limits

Florida limits punitive damages to three times the amount of compensatory damages, or $500,000 whichever amount is greater. This law can be found at Fla. Stat. Ann. section 768.73.

Speak to a personal  injury lawyer to protect your rights

What Is A Florida Medical Malpractice Lawsuit?

Medical Malpractice Overview

You may be able to  file a  medical malpractice lawsuit if a  health care professional  neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes severe injury, or death.
A malpractice or negligence lawsuit is an action due to a  medical error. This could be missed or misdiagnosis, medication dosage, health management, treatment, or aftercare. Medical malpractice lawyers help to recover compensation from any harms that result from sub-standard treatment. An error, negligence, or omission can lead to a malpractice lawsuit against a hospital, doctor, or other health care professional.

Can I File A Florida Medical Malpractice Lawsuit?

What Is The Criteria?

  1. The injury must be serious with permanent lasting consequences.
  2. You must show that the injury or harm caused by the medical negligence resulted in considerable injury or death
  3. You  must show that the physician acted negligently in rendering care, and that such negligence resulted in injury.
  4. A  breach of professional  duty must be shown
  5. injury caused have been caused by  this  breach
  6. There must be resulting damages or injury.
  7. There must be an act of omission or a negligence.
  8. It is only malpractice when there is negligence and injury and negligence causes the harm or injury.

Examples Of  Malpractice

  • Misdiagnosis or failure to diagnose,
  • Unnecessary or incorrect surgery,
  • Premature discharge from a medical facility,
  • Failure to order appropriate tests,
  • Failure to act on results of tests,
  • Not following up on a medical issue,
  • Prescribing the wrong dosage ot medication,
  • Prescribing the wrong medication,
  • Giving the wrong medication,
  • Leaving things inside the patient s body after surgery,
  • Operating on the wrong part of the body,
  • Persistent pain after surgery,
  • Pressure ulcers, or bedsores in a nursing home or other facility

The Most Common Medical Malpractice Lawsuits

  • Misdiagnosis,
  • Delayed Diagnosis,
  • Childbirth Injuries,
  • Medication Errors,
  • Surgery Errors,
  • Anesthesia Error Malpractice

If you feel you or a loved one has been a victim of medical malpractice or doctor- hospital negligence contact us immediately

Nursing Home Abuse Lawyer | Nursing Home Neglect Lawyers

Get a Nursing home abuse lawyer to file a nursing home abuse lawsuit.

What Is A Nursing Home Abuse Lawsuit?
A nursing home abuse lawsuit is a lawsuit against a nursing home due to a specific incident or a number of incidents that harmed an elderly resident and are considered to be abuse. This can be physical, emotional, sexual or financial abuse. A nursing home abuse lawsuit assumes an intentional infliction of physical harm, pain or mental harm.

What Is A Nursing Home Neglect Lawsuit?
A nursing home neglect lawsuit is filed when a nursing home has injured a patient due to sub-standard care.  Bedsores, dehydration, malnutrition that are neglected results in harm to your loved one. Neglect is a failure to provide the elderly resident with the care and services they are obligated to provide by law. The result is injury and/or emotional or physical harm. Nursing home neglect is defined as a breach of duty to your loved one.

What Do Home Abuse Or Neglect Lawyers Do?
Nursing Home abuse and neglect  lawyers file  lawsuits for abuse, neglect, injury and unexplained death that occurs in a nursing home, assisted living facility, skilled nursing facility, long term care facility, hospice or by home health care employees.

Nursing Home Abuse Lawyer

Get a nursing home abuse lawyer for a  Boca Raton, Bradenton, Sarasota, Clearwater, Okeechobee, Belle Glade, Melbourne, Delray Beach, Hallandale, Fort Lauderdale, Fort Myers, Fort Pierce, Stuart, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami, Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, Winter Garden, Winter Haven, or Winter Park nursing home abuse or neglect lawsuit.

Nursing home abuse happens more often then you may think. Abuse is an act that is intentional and results in injury or some kind of harm. Abuse can be physical, emotional , sexual or financial. Neglect is not abuse. neglect is the result of mistreatment, denied treatment, forgetful treatment or just plain ignoring a serious medical situation where the result is a serious medical condition or even death.

Serious Nursing Home Neglect

  • Ignoring Bedsores
  • Allowing Dehydration
  • Poorly maintained medical equipment
  • Missing medications
  • Over medication
  • Isolating resident
  • Malnutrition- lack of help eating
  • Serious urinary tract infections from not changing after incontinence
  • Lack of showering
  • Allowing a fall
  • Poor hygiene
  • Anything that causes harm

Our local nursing home abuse lawyers can help you file a nursing home abuse lawsuit against the nursing home. Our Nursing home neglect lawyers can assist with a nursing home neglect lawsuit as well.

Inferior Vena Cava Filters

Our IVC Filter Helpline continues to get calls on a daily basis for injury, death and complications from both the Bard and Cook IVC Filters. Our IVC Filter Helpline can connect you with an experienced IVC Filter lawyer. We also keep you updated on the IVC Filter lawsuits and offer interesting and helpful information and resources. The following overview of IVC filters was found online. We hope it will be helpful to our readers.

Inferior Vena Cava (IVC) Filters
The Vascular Surgery team at the University of Michigan is dedicated to providing exceptional patient care in the U-M Cardiovascular Center (CVC), our new state-of-the-art clinical building.

Our vascular surgeons have extensive experience in placing inferior vena cava (IVC) filters to help prevent pulmonary emboli and we are continuing to investigate and research new advances for treatment in this area.

What is an IVC filter?
The inferior vena cava is the largest vein in the body. It carries de-oxygenated blood from the lower extremities to the right atrium of the heart and then to the lungs.
An inferior vena cava filter or IVC filter is a small cone-shaped device that is implanted in the inferior vena cava just below the kidneys. The filter is designed to capture an embolism, a blood clot that has broken loose from one of the deep veins in the legs on its way to the heart and lungs.

Without the IVC filter in place, there would be the potential for the embolism to cause a blockage of the pulmonary artery. The pulmonary arteries carry deoxygenated blood from the heart to the lungs. Blockage of one or both arteries is referred to as a pulmonary embolism (PE) and can cause difficulty breathing, chest pain, and death.

The IVC filter works by permitting blood flow to continue around the trapped clot. Over time, natural anticoagulants in the blood will help to break the clot down.

Who is a good candidate to receive an IVC filter?
You are a good candidate for the placement of an IVC filter if:You continue to develop deep vein thrombosis (DVT) or pulmonary emboli despite the monitored use of anticoagulants (e.g. Coumadin, low-molecular-weight heparin).
You are at risk of a pulmonary embolism, but cannot tolerate anticoagulation therapy due to another condition that puts you at the risk of bleeding.
You develop significant bleeding complications from anticoagulation
You have large clots in the inferior vena cava or iliac veins

How do I prepare for the placement of an IVC filter?
Your doctor will give you detailed instructions as to how to prepare for the procedure. These may include a suggestion to eat a light meal the night before the procedure and to not eat or drink anything after midnight before the procedure. If you regularly take any important medicines, your physician may ask you to take them on the day of surgery with a sip of water.

Follow your doctor s instructions about not smoking before and after the procedure. Smokers heal more slowly after surgery. They are also more likely to have breathing problems during surgery. For this reason, if you are a smoker, you should quit at least 2 weeks before the procedure. It is best to quit 6 to 8 weeks before surgery. Also, your body will heal much better if you do not smoke after the surgery.

Other Considerations
Plan for your care and transportation after the procedure and during recovery at home.
Before the procedure tell your health care provider if you have had any kidney problems or reactions to iodine-containing foods or chemicals, such as seafood or kidney contrast dye.
Before surgery, your health care provider will ask you to sign a consent form for angioplasty, bypass surgery, and angiography. Angiography is an x-ray study of the blood vessels using dye. This consent form is needed in case problems arise during the procedure and emergency surgery is needed.
You will have imaging studies, blood tests, and an electrocardiogram (ECG) before the procedure.
Someone at the hospital will shave and wash the area where the catheter will be inserted (neck or groin). This is to help prevent infection.
What happens during the procedure?
IVC filter placement is an endovascular procedure, meaning that the filter is inserted via a blood vessel. Typically, the femoral vein in the groin, or the internal jugular vein in the neck, is used.

You will be given a local anesthetic to numb the area where the catheter will be inserted. You will stay awake during the procedure, but will be sedated for comfort.

Your vascular surgeon will thread a thin guide wire through a needle inserted into a blood vessel in your neck or groin. A contrast dye will be injected into and x-rays will be taken as the dye moves through the bloodstream. Using these x-ray images, an IVC filter catheter will be advanced along the guidewire to the location of the placement. The IVC filter is then pushed through the catheter and deployed in the desired location. Once complete the catheter is then removed.

What happens after the procedure?
You will go back to your hospital room and rest in bed for 12 to 24 hours. You will most likely be able to go home the next day. You can usually resume normal activity within a day or two. Your doctor will let you know when you can return to work.

What are the risks?
You may have an allergic reaction to the local anesthetic or x-ray dye.
You may bleed a lot and need medicine or a blood transfusion.
The vein may be damaged. For example, the vein might be perforated during the procedure. Emergency bypass surgery or repair of the perforation (hole) would then be needed.
Although rare, the IVC filter itself may cause clots to form.
The IVC filter may shift following surgery, which would require that it be captured and repositioned.
Clots can still bypass the filter causing pulmonary embolism, however the risk is significantly reduced.
There is a risk of injury to the neck or groin where the catheter was inserted.
There is risk with every treatment or procedure. Talk to your surgeon for complete information about how the risks apply to you.

How can I take care of myself following surgery?
Do not smoke.
Eat a healthy diet that is low in fat and cholesterol.
Exercise according to your health care provider s recommendation.
Keep your appointment for your scheduled post-discharge office visit.
When should I call my health care provider?
Call your health care provider right away if:

You have chest pain.
You have constant or worsening pain or numbness in your arm or leg.
You have a fever.
You have shortness of breath.
Your leg becomes blue and cold.
You have bleeding, excess bruising, or a lot of swelling where the catheter was inserted.

Talcum Powder Lawyers For Ovarian Cancer Lawsuits

Did You Use Talc Baby Powder?

Have You Been Diagnosed With Ovarian Cancer?

Talcum powder lawyers are filing Talcum Powder lawsuits for women who have gotten ovarian cancer from Talcum Powder.

Think talcum powder and many of us picture chortling babies and smiling mothers changing diapers. Nothing seems more safe and wholesome. And many women use talc products daily, as well, for feminine hygiene and after showering.

Do you remember this famous phrase from Johnson & Johnson s Shower to Shower  ads?  Just a sprinkle a day helps keep odor away. Well that sprinkle is now resulting in  women  filing  lawsuits against Johnson & Johnson claiming  that talc in this and other products led to them developing  ovarian cancer. They claim that the they  should have been warned.

Johnson s baby powder was one of the company s household name  products.  It has been sold for more than a 100 years. Now they say it can cause ovarian cancer?  A recent lawsuit awarded $72 million to a woman whose ovarian cancer could be scientifically linked to use of Talc.

But, you say,  I have been using this product for years. Since I was a  teenager or younger and they knew and did not tell us? Yes, in the  last few decades, studies have suggested a possible link between talc and ovarian cancer.

These studies go back, he says, to a British study in 1971. Researchers reported that microscopic analysis of 13 ovarian tumors found talc particles in 10 of them. Several other studies followed in the early 1980s in the United States and Europe and suggested that women who use talc feminine hygiene products may have up to a 35% higher risk of ovarian cancer than women who don’t those products.

The Johnson and Johnson website proclaims  Few ingredients have demonstrated the same performance, mildness and safety profile as cosmetic talc, which has been used for over 100 years by millions of people around the world. It goes on to note that talc is used in a range of other consumer products such as toothpaste, chewing gum, and aspirin.

If you think you have gotten ovarian cancer from Talcum powder contact us today to speak to a Talcum Powder lawyer

Bard IVC Filters Get National Attention | IVC Lawyers Filing Lawsuits

Bard IVC Lawsuits Are Being Filed By IVC Filter Lawyers

Bard IVC Filter Injury Lawsuit News

The Bard IVC filter lawsuits came to national awareness with the NBC Nightly News segment on IVC filter complications.

A National broadcast has raised public awareness of current lawsuits filed by IVC filter lawyers against Bard. Lawsuits have been filed for patients whi have had a Bard IVC filter break or fail. These IVC lawsuits are consolidated as multidistrict litigation, MDL 2641 Bard IVC Filters Products Liability Litigation.

The Bard IVC lawyers of our Bard Injury Lawyer Network are pleased to see that there is now an awareness as these filters are primarily implanted in an older population. Attorneys representing families in IVC filter lawsuits are now accepting lawsuits for inclusion in the Bard IVC Filter MDL.

The Bard IVC filters are breaking, fracturing, and moving inside the body, causing damage to the heart and lungs and resulting in stroke and death according to adverse incident reports.

Our National Bard IVC Filter Helpline is ready to assist families, victims and caregivers. The National Bard IVC filter lawyers are accepting claims from victims, and their family members for injuries and deaths from the Bard IVC filter.

The vena cava filters are implanted in the veins of patients to catch blood clots before they reach the lungs. The filters have complications including vein and organ perforation, migration and breakage. This can result in injury or even death of patients.


Florida Zofran Lawyers Filing Birth Defect Lawsuits

Zofran birth defects lawyers for: Miami, Fort Lauderdale, Boca Raton, Delray Beach, West Palm Beach, Hollywood,Orlando, Tampa, Port St Lucie, Clearwater, Sarasota, Ft Myers, Jacksonville, Pensacola, Panama City, Tallahassee, and all of Florida Zofran Birth Defects Lawsuits.
Do You Want To File A Zofran Birth Defect Lawsuit?

Were there complications during the birth of your child?

Was Your Child Injured By Zofran ?

  • Cleft Palate
  • Cleft Lip
  • Hole in the Heart
  • Fetal Deaths

For More Information Call The Free Legal Shield Lawsuit Helpline Today
Si usted ha tomado Zofran y su hijo han sufrido defectos de nacimiento puede con derecho a indemnización.
Children born with a cleft palate or cleft lip suffer severe emotional and psychological problems as well as requiring extensive reconstructive surgeries. Your child has been injured by a manufacturer who neglected to give warnings regarding their Zofran.
Injured By Off-Label Usage of Zofran? Call us today to discuss a Zofran birth defects lawsuit with one of our experienced Zofran lawyers.

Xarelto Extensive Bleeding Lawsuits Increase

Xarelto is a medication which thins the blood. Xarelto has been shown to cause excessive bleeding resulting in serious injury and sometimes death. There is no way to stop the bleeding. Xarelto lawyers are filing lawsuits against the manufacturer for lack of warnings regarding their medication.

In December 2014, the U.S. Judicial Panel on Multidistrict Litigation (JPML) centralized all federal Xarelto lawsuits into one court in the Eastern District of Louisiana. At the time, about 50 product liability lawsuits were pending in the court. That number has now increased to about 400.

Not long after the Xarelto MDL was established, Philadelphia consolidated all state Xarelto lawsuits into a mass tort in the Philadelphia County Court of Common Pleas. What started as about 70 cases has now increased to about 200.

Defendants Resisted Formation of Mass Tort

Plaintiffs involved in Xarelto lawsuits claim that Johnson & Johnson subsidiary Janssen Pharmaceuticals and Bayer Healthcare Pharmaceuticals—manufacturers of the drug—should be held liable for damages associated with serious Xarelto side effects, including severe gastrointestinal bleeding and sometimes death.

The defendants initially resisted consolidating cases in Philadelphia, arguing that New Jersey would be a better location, since that’s where the company headquarters are located. They added that most plaintiffs also lived in other states, so it didn’t make sense to bring all cases to Pennsylvania.

The cases all do not involve common issues of fact, either, the defendants argued, since Xarelto is approved for multiple purposes. These include the prevention of blood clots after hip and knee replacement surgery, and the reduction of stroke risk in patients with non-valvular atrial fibrillation.

The court disagreed, stating the cases did share common issues of fact, that the defendants had strong ties to Pennsylvania, and that the Philadelphia court was an appropriate forum for the mass tort.

The companies expressed their intentions to defend against the claims brought in litigation, maintaining that Xarelto has a favorable benefit-risk profile.

Drug Makers Failed to Warn About Serious Xarelto Side Effects

The FDA approved Xarelto in 2011. Manufacturers immediately marketed it as a more convenient option to warfarin, the leading anti-coagulant for decades, because it came in a once-daily dose and required no dietary restrictions.

Within just a year, however, reports of excessive bleeding began coming in, numbering more than 1,000 by June 30, 2012—at least 65 of those involving the death of the patient. By the end of that year, more than 151 people had died in events related to Xarelto.

Plaintiffs filed lawsuits to recover damages, claiming that the drug makers had failed to provide proper warnings on the labels. Patients were left in the dark, for instance, on the fact that there was no readily available antidote to Xarelto bleeding. While all blood thinners carry some risk of bleeding, patients taking warfarin can have that bleeding stopped with vitamin K injections. There is no such solution for patients on Xarelto, making bleeding events much more serious and potentially deadly.

State and Federal Courts to Coordinate Pre-Trial Proceedings

Both parties plan to coordinate the mass tort with the Xarelto MDL. In a recent case management conference, for instance, held in April 2015, the MDL court noted that five days before each future status conference, the defendants are to identify and share any Xarelto lawsuits pending in state courts, to facilitate coordination.

If you or a loved one has been injured by Xarelto contact us for an Xarelto attorney.

Child Sexual Assault Lawyer For Florida, N.Y, Georgia

Get a Child Sexual Assault Lawyer

Was your child sexually assaulted?

Sexual Assault and Harassment Lawyers For Florida, New York and Georgia

Child sexual assault, sexual abuse and abuse are crimes which include:

voyeurism

exhibitionism

sexual photographing or videotaping,

forced touching in a sexual manner,

forcing your child to engage in sexual touch while under their care,

coerced and/or forced sexual intercourse,

physical violence

Date rape

Sexual assaults can happen in schools, daycare, with anyone whom you trust with the care of your child.

Then the abuserwill often make your child feel guilty and your child, the true victim will not come forward and break their silence.

As a parents or guardian you may bring a lawsuit on behalf of a child. Child sexual abuse lawsuits are sensitive issues and require an experienced attorney.

Did you know that every two and a half minutes, If your is sexually assaulted they may be afraid to say anything but, you will know something is not right. Approximately 1 in 4 females and 1 in 7 males are reported to have been sexually abused by the age 18.

If your child has been injured in a sexual assault call our Sexual Assault Lawyer Helpline today.