April 14, 2014

Report: Head Injuries Not the Only Concern for Bicyclists

Today more than ever, people are recognizing the many health benefits of bicycling. That's a big part of the reason why interest in the activity has picked up so much speed in recent years.
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Unfortunately, it's an activity that our Cape Coral bicycle accident lawyers recognize comes with the risk of injury, primarily as the result of being struck by a motor vehicle.

Typically, reports on bicycle injuries focus on traumatic brain injuries, like the one that recently claimed the life of longtime NBC-2 Meteorologist Jim Reif. There is no question that this is a primary concern. However, a new study published in the journal Injury Prevention indicates that riders commonly run the serious risk of injury to the kidney or genitalia. What's more, children are 10 times more likely than adults to suffer these particular kinds of injuries.

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April 10, 2014

Prevention of Fort Myers Birth Injuries Requires Broad Approach

There is no singular cause for Fort Myers birth injuries and likewise, a new medical report indicates, neither should prevention efforts focus on a singular approach.
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Back in 2003, the Task Force Report on Neonatal Encephalopathy and Neurological Outcomes indicated that the primary determination by those analyzing a birth injury should be whether there was an event that caused a lack of oxygen to the fetus around the time of birth. This is called a hypoxicischemic event, and is often associated with birth injuries such as cerebral palsy, seizures and other forms of brain damage.

Now, more than a decade later, the task force, comprised of doctors with The American College of Obstetricians and Gynecologists and the American Academy of Pediatrics, is shifting its focus. Instead, the doctors indicate, there needs to be a broad evaluation of all of the factors that may have potentially contributed to neonatal encephalopathy. That is the clinically-defined syndrome of disturbed neurological function in the earliest days of life.

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April 10, 2014

Naples Car Accident Attorneys Support Distracted Driving Awareness Month

April is National Distracted Driving Awareness Month, and a new report indicates that more accidents than ever are caused by drivers who simply weren't paying attention.
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The National Safety Council's yearly injury and fatality report, "Injury Facts," reports cellphone use causes more than a quarter of all crashes in the U.S. Interestingly, researchers discovered only 5 percent of those are the result of texting, which belies the belief that talking on the phone is somehow less dangerous than sending text messages.

Car accident attorneys in Naples know what's more, according to new research conducted by Texas A&M's research institute, voice-to-text features can actually be more risky than texting while driving, despite the fact that they are touted as a safer alternative.

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April 6, 2014

Florida Among "Worst" for Highway Safety, Traffic Bills Pending

Recently, the Advocates for Highway Safety listed Florida among the worst states in the country for lax highway safety laws -- seventh-worst out of 50.
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Cape Coral car accident attorneys understand a number of legislative measures moving through the Florida House and Senate this session aim to fix that, though support has been mixed.

As the Florida Center for Investigative Reporting indicates, Florida's abysmal safety rating is due to a number of different factors, including:
--No primary seat belt law enforcement for rear passengers.
--No law requiring all motorcycle riders to be helmeted.
--Poor child safety seat laws.
--Only having four of the seven recommended teen safe driving provisions.
--Having an interlock ignition law that does not require the device for first-time DUI offenders.
--A text messaging ban that is weak, as a secondary offense punishable by a small fine.

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April 4, 2014

Beauty Salon Lawsuits Require Experienced Representation

Most people know that if they are the victim of negligent medical care, they can seek compensation through a medical malpractice action. However, people are less familiar with the growing number of beauty salon lawsuits for personal injury sustained by customers of hair salons and other beauty treatment providers.
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There was a hair salon lawsuit out of Estero just a few years ago, where a 14-year-old girl went to a salon to have the tips of her hair dyed blue, and left with third-degree burns and bald patches. Even two years later, the girl's scalp remained hypersensitive to the touch, and she suffered emotionally. The 20th Judicial Circuit Court awarded the girl more than $1 million in damages for her medical expenses, as well as pain and suffering.

However, as the more recent case of Bioderm Skin Care, LLC v. Sok, failure to secure experienced legal representation can be detrimental to your claim.

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April 3, 2014

Court: Birth Injury Defendant Can't Modify Payment Without Judicial Approval

When a plaintiff is successful in a Sarastota birth injury lawsuit, the damages awarded are often in the six figures and beyond. The reason is because of the devastating and lifelong impact of such tragedies. gavel2.jpg

Not only do parents suffer the emotional trauma of the loss of a healthy child, there are likely to be years of therapy, surgeries, treatments, medications and probably caregiver services. Parents will be forced to take extensive time away from work and other obligations in order to meet their child's needs, and the child may never be fully independent.

But as parents of these children know, many are fighters. They work hard to achieve sometimes what others may have thought impossible. These accomplishments should not be punished.

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March 31, 2014

Florida Trucking Accident Risks - Electronic Monitoring of HOS Reduces Risks

Investigators in Northern Florida have launched a search for the driver of a semi-truck that witnesses say fatally struck a 26-year-old woman before leaving the scene.
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According to First Coast News, the incident happened shortly after another crash, while the victim was standing outside her vehicle assessing the damage. Witnesses say the semi-truck driver stuck the woman, stopped for a moment, got out of his truck, looked around, and then got back in his truck and drove away.

Our Tampa injury attorneys note that while authorities are working to determine the trucker's identity, it's still unclear if there were other contributing factors to the crash, such as speed, inattention or driver fatigue.

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March 28, 2014

Cooney-Koss v. Barlow - Doctors Must Seek Conservative Treatments First

In any medical treatment scenario, doctors have a responsibility to first explore those options that are most conservative and least invasive. Patients should never be subjected to powerful medications, risky treatments or dangerous surgical procedures unless those measures are absolutely necessary.
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While doctors in emergent care situations are granted some leeway in this regard, they are not entirely unbound from responsibility, as the recent Delaware Supreme Court case of Cooney-Koss v. Barlow reveals.

Our Tampa birth injury lawyers recognize that the key issue during the initial trial was whether the doctor acted negligently by failing to undertake more conservative treatments to stop a new mother's bleeding before performing a hysterectomy. The surgery was later determined to be unnecessary.

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March 24, 2014

Damage Cap in Florida Medical Malpractice Cases Unconstitutional, Court Rules

The Florida Supreme Court has struck down a 2003 law that capped non-economic damages in medical malpractice cases resulting in death at $1 million, calling the measure ineffective, inherently unfair and unconstitutional.
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The high court's ruling in McCall v. U.S. means that, for now, those pursuing a wrongful death medical malpractice claim are not limited in how much they can seek for pain and suffering, loss of consortium and other non-economic damages. (Economic damages would be those that would include medical bills, loss of earnings, etc.)

Our Tampa birth injury lawyers know that this case stems from the death of a young woman who had just given birth to a healthy baby boy. The 20-year-old was a dependent of the U.S. Air Force, which is why the case was originally filed in federal court.

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March 22, 2014

Florida Hospital Infections May Result in Serious Complications

Hospitals are the places we go to get well.
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But our medical malpractice attorneys in Tampa know that far too often, the hospital setting leads to additional injury or illness. What makes this fact all the more troubling is that by-and-large, spread of these infections and diseases is preventable when hospital staffers use appropriate precautions and sanitation measures.

The U.S. Centers for Disease Control and Prevention indicates that 1 out of every 20 hospitalized patients will contract an infection. Those most susceptible to infection are patients with longer hospital stays, those whose immune systems are already compromised and those who are subjected to a central line or catheter insertions. Surgical site infections, MRSA infections and Clostridium difficile (C. diff.) infections are also fairly common.

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March 20, 2014

Florida Bicycle Accidents; Sunshine State Leads Deep South in Fatalities

Bicycling, as a form of transportation and recreation, has gained significant momentum in recent years. In fact, Florida now ranks 18th in the nation in terms of the number of commuters who bike to work.
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And yet, we are ranked the No. 1 most dangerous place in the country for cyclists. We have the most bicycling fatalities annually. While nationally, bicycle fatalities amount to 2 percent of the total number of traffic deaths, in Florida it's double that at 4 percent. Nearly one-fifth of those are either under the age of 5 or over the age of 65.

Our Sarasota bicycle accident attorneys note Florida does not prioritize bicycle safety like many other states. This observation was made recently by a reporter for The Atlantic, who explored the question of why Southern states in particular seemed to have such a poor safety record for cyclists.

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March 11, 2014

Amputation Injuries an Occupational Hazard in SWFL

After a PBS science correspondent recently endured an arm amputation during an assignment in Asia, some were quick to term it as a "freak accident."
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But here's the reality: Approximately 185,000 amputations occur in the U.S. each year, and hospital costs associated with amputation total as much as $8.3 billion annually, according to the Amputee Coalition.

Our Sarasota personal injury attorneys recognize that a big part of the reason that the amputation of Reporter Miles "O'Brien's left arm made headlines was because of his high-profile status. But the case is also raising awareness about amputations, as well as the fact that even those suffering a seemingly minor injury should not hesitate to seek medical treatment because it may be more serious than it initially appears.

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