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Understanding Malpractice: When Should You File a Medical Lawsuit?

When people think of medical malpractice, they think of the age-old tales of surgeons leaving tools inside a patient after surgery. However, that isn’t a common form of malpractice these days due to procedures put in place to prevent it. Understanding the medical malpractice definition and how to file a medical lawsuit is a good place to start. Common Forms of Malpractice The most common form of medical malpractice comes from medication. A medication error can come from a number of issues, including incorrect drug labeling, incorrect dosage, wrong medication time period, wrong medication, not monitoring drug side effects, and not prescribing medication. If any of the above happened due to the negligence of a doctor, then it is a medication error. Any harm that comes from it can be considered medical malpractice. In these cases, it becomes about proving that the doctor did not act in the standard duty of care that other doctors would have abided by. Medication Errors However, medication errors in terms of medical malpractice can be difficult cases at times. If you were prescribed the wrong medication or medication not technically for your illness but had experimental effects on your illness, then these cases can be straight-forward. However, if there was incorrect or confusing labeling, then the case becomes a bit difficult where the doctor can defend themselves or shift blame to the pharmacy. Yet, if you suffered horrible side effects or your illness became worse due to a medication error, you shouldn’t just deal with it. It is medical malpractice and you are owed compensation for any side effects or worsening condition that you suffered. Medical Malpractice Lawsuit...

The Dangers of Summer Driving – 100 Deadliest Days of Summer

While summer usually means vacations and trips to the beach, it’s also a dangerous time for teenagers to hit the road. The AAA Foundation for Traffic Safety calls these months the 100 Deadliest Days because teens are more likely to be involved in a deadly crash. Learn why these days are so dangerous and what you can do to help your teen driver stay safe. Why Summer is Dangerous While car crashes are already the leading cause of death for teenagers, the summer months are even worse. According to the AAA Foundation for Traffic Safety, the time between Memorial Day and Labor Day sees the average number of fatal teen driver crashes climb 15 percent when compared to the rest of the year. Teens’ inexperience in dealing with a variety of driving situations, combined with more time spent on the road during the summer, is the main factor behind this increase. Teen Drivers Are More Distracted While inexperience plays a big role in the increase in teen driver crashes, it’s not the only reason. Distraction is blamed for nearly six out of 10 teen crashes. Teens already have a difficult time putting their cell phones down when they’re driving, and summer driving is no exception. Plus, you also have to add the distractions that come from having additional friends in the car. Speeding and Time of Day Play a Role In almost 30 percent of fatal crashes involving teen drivers, speeding is a factor. Driving instructors say speeding is one of the biggest mistakes teens make when they’re learning how to drive. Plus, the clear and warm weather conditions...

Avoiding Injury During Hurricane Season

Hurricanes are deadly forces of nature that can cause massive damage when they strike. As you prepare for the next hurricane season, it’s important to know what you need to do to avoid injury when a hurricane or tropical storm strikes. Read on for important hurricane safety tips to help protect your property and your family. Remove Potential Flying Projectiles Even a Category 1 hurricane has winds that range between 74 and 95 mph, which can cause any loose objects around your home to become dangerous flying projectiles. Before the hurricane hits, walk around your property to find and put away anything that can become a flying object. This includes patio furniture, trash cans, and gardening tools. It’s also a good idea to trim back any dead or weak tree branches to prevent them from breaking off and becoming projectiles during the storm. Stock Up on Emergency Supplies If you’ll be riding out the storm in your home, you must make sure your emergency supply kit is fully stocked. You’ll want enough nonperishable food and bottled water for everyone in your house, a battery-powered radio, flashlights, extra batteries, and a first-aid kit. It’s a good idea to put together your emergency supply kit at the start of hurricane season. If a storm is heading your way, stores might start running low on supplies as people try to stock up at the last minute. Know Your Evacuation Route It’s important to make sure you know your evacuation route. As the storm approaches, pay attention to local weather reports, make a plan for where you’ll go if you have to evacuate,...

Facts about Anesthesia Mistakes & Personal Injury

When you’re undergoing surgery, an anesthesiologist will provide sedation or general anesthesia to ensure that you don’t feel the pain of the procedure. However, anesthesiologists are human beings, so they can make mistakes just like anyone else. Hospitals and clinics around the country implement protocols to protect patients, but mistakes can still happen. Frightening Statistics Close to 40 million procedures involving anesthesia are performed every year in the United States. According to a study performed at Johns Hopkins, more than a quarter of a million people die each year due to medical errors, making this the third-leading cause of death in the nation. While not all of these deaths are directly related to errors made by anesthesiologists, some of them are, so it’s certainly cause for concern. Dosing Errors One of the most common mistakes made in the process of administering anesthesia is an error in the dosing. Medications must be dosed carefully based on the age, height, and weight of the patient, along with other critical factors. Errors in dosing are often made by anesthesiologists who don’t have a lot of experience, as well as those who are using different types of equipment or devices than they are used to using. Carelessness, haste, and inattention account for over 5 percent of the dosing errors made, according to the National Center for Biotechnology Information. Mistakes in Documentation When it comes to medicine, documentation is critical to ensure proper quality of care and transfer between the various staff members who might attend to a patient. Before, during, and after a surgery, a patient may interact with a number of medical professionals, so...

Tips to Avoid Construction Site Accidents

Construction site accidents are all too common, but they can have serious consequences. Not only can accidents impact the physical and emotional health of the workers, but these mishaps can also delay projects and make it difficult to get crews onsite to handle the critical tasks. By following a few tips, you can reduce the chances of having major incidents and keep your construction site safe. Concerning Statistics It’s no secret that construction sites are some of the most dangerous places to work. In fact, out of nearly 4,700 worker fatalities in 2016, 21.1 percent were in the construction industry, according to statistics from the federal Occupational Safety and Health Administration (OSHA). The highest risks include falls, being struck by objects, electrocutions, and being caught in or between walls or other objects. OSHA Training One of the best ways to protect your construction site is to require every worker who will be on the site at any point to attend an OSHA training session. OSHA provides detailed training manuals and resources designed to help construction companies create their own training for their workers. It’s important to follow their guidelines and topics to ensure that every worker on the site receives training that applies to their job. Some of these topics include fall prevention, hazard communication standards, general requirements in scaffolding, respiratory protection, and ladders. Maintain Proper Signage On a construction site, it’s impossible to communicate updates to every worker when people are coming and going at all hours of the day. You could have the concrete team starting their pours early in the morning, while some crews could come in later...

What Is Cerebral Palsy and How Can It Be Caused by Negligence?

Cerebral palsy is a common motor disorder that occurs in roughly 1 1/2 to four of every 1,000 births. Although cerebral palsy can occur naturally, it may also be the consequence of medical negligence. This situation is usually the case when doctors fail to diagnose or treat a condition or use birthing tools incorrectly. This failure can injure a newborn and lead to the development of cerebral palsy. What Is Cerebral Palsy? Cerebral palsy is a motor disorder that affects muscle control. A person who has this condition may have trouble walking and coordinating movements. At birth, cerebral palsy is usually the result of insufficient oxygen to the brain, abnormal brain development, or an infection during pregnancy. Cerebral palsy may also be a complication due to a difficult or premature birth, or it may be due to restricted intrauterine growth. Side effects associated with the disorder include the following: Trouble swallowing Speech impediment Breathing problems Learning disabilities Seizures Can Cerebral Palsy Be Caused by Negligence? Although cerebral palsy may occur due to natural complications, it may also be the cause of doctor and hospital errors. For example, a medical professional may fail to follow proper medical procedures and injure an unborn child. Failure to deliver the infant correctly and depriving the child of oxygen are the most common causes of cerebral palsy due to negligence. Doctors and hospitals may also fail to react to a complication promptly or may fail to render proper care, thus permanently damaging the child’s brain and leading to the development of cerebral palsy. For example, an infection or similar medical issues may be incorrectly...

What Happens If You Are Injured on a Bus or Hit by a Bus?

Being hit by a bus or injured on one during your daily commute is a terrifying moment. You’ll need to follow a few steps immediately to make sure you’re safe and you receive treatment for any injuries. But you also need to follow a few best practices to protect your rights and hold the responsible party accountable for the accident. If you’re injured on a bus or hit by a bus, follow the steps below. Contact Emergency Services Your safety and other passengers’ safety are the immediate priorities following a bus accident. The driver should contact emergency services immediately, but if the driver doesn’t or can’t, call 911. Since buses are larger than many vehicles on the road and carry several passengers who are either standing during a collision or sitting without seat belts, a high likelihood of injuries can occur with these events. Document the Accident If you can, take notes about the events leading up to the accident. You should also take photos if safe to do so and collect the contact information of any witnesses. An attorney can help you gather other evidence, such as the police report, to help document the accident. Get Medical Attention Regardless of how you feel after a bus accident, seek medical attention. Even if you don’t feel hurt, you may have been injured, and the symptoms may not have presented themselves yet. When you visit a doctor, you’ll also get an official medical report. Documenting the extent of your injuries and demonstrating that you did seek medical attention are vital to securing compensation for injuries you experienced following a bus...

What to Do If You’re Hit by a Drunk Driver

Being hit by another driver is a terrifying moment, and if alcohol was involved, it can be even more difficult to know how you should proceed. You’ll need to file an insurance claim just like you would in any other accident, but you should also consider working with an attorney. A specialist who is familiar with the laws in your state can help you navigate your insurance policy, seek a settlement from the other party’s insurance, and, if needed, take your case to court. Follow these steps if you’re in an accident involving a drunk driver. Call the Police You’re required to call the police and report an accident in certain situations, such as if a personal injury occurs or there is significant property damage. Regardless of the requirements in your state, however, having police on the scene can help you get insurance information and communicate with the other driver and witnesses. If alcohol is involved, the police report and the officer’s testimony will be vital evidence when you file a claim. Take Notes and File an Insurance Claim Once you’ve confirmed that everyone is safe and you’ve called the police, gather information about the accident. This should include taking photos of the damage and collecting contact information from the other driver and any available witnesses. You should also note the road conditions, the stop lights and other road signs you followed, and the other driver’s condition. You can then report the accident to your insurance company. Your insurer will provide compensation for repairs to your vehicle, medical expenses, and other related costs. Your insurance company will charge the...

Spring Break Cruise – Steps if You’re Injured

Getting the care you need at home following an injury can be a difficult process. If you’re hurt while on a spring break cruise, you may have an even harder time understanding your health insurance coverage and getting the treatment that you need. If you’re planning on spending some time at sea this spring, make sure you follow these steps if you’re injured. Report the Accident From slips and falls to more serious events such as assaults, injuries do occur on cruise liners. No matter the severity or type of injury, your first step should be to report the accident to the cruise line as soon as possible. Before you leave the port on your trip, check the company’s policy for reporting and responding to an accident. Do your best to follow these requirements. Finally, take notes about what happened and keep all documents and information related to the injury, such as medical reports. Document the Accident As with any type of injury, you should document the event thoroughly as soon as it’s safe to do so. Take photos if possible, collect witness contact info, and record what led to and caused an accident. You should also note the company’s response and any treatment that you received. Your documentation may be used to help prove that the cruise line acted negligently and contributed to your injury. Seek Medical Attention No matter the severity of an injury, you should seek medical attention to help you document the accident and subsequent damages. Your initiative will also prevent the company from claiming that since you didn’t see a doctor, you must not...

How Do Helmet Laws Affect Motorcycle Injury Cases?

Despite evidence that motorcycle helmets save so many lives, only 28 states have helmet laws on the books. Of these 28 states, only 19 require both the passengers and driver to wear helmets, while the other nine states only mandate that the driver wear a helmet. If you live in a state that has motorcycle helmet laws, it’s important to know just how it affects you in case of a motorcycle accident causing injury or death. Knowing the Law in Your State Whether you ride a bike or drive a car, it’s paramount to know every aspect of helmet laws because accidents do happen and you want to be aware of your rights. These laws can affect the outcome of any claims or damages you’re involved in. In 2010, Florida lawmakers amended the Florida Statute so that a motorcyclist may ride a bike without a helmet only under certain criteria. They must be over the age of 21 and have an insurance policy that provides at least $10,000 in medical coverage. If you don’t meet these requirements, it is the law to wear a helmet while operating or riding on a motorcycle. Personal Injury & Comparative Negligence Even if it isn’t mandatory to wear a helmet, if you suffered an injury while not wearing a helmet it can still impact a personal injury lawsuit filed by an injured motorcyclist. This usually falls under comparative negligence, meaning that both you and the other person involved in the accident are responsible for the injuries, often regardless of who actually caused the accident. Florida is a pure comparative negligence state, meaning that...

The Hollywood injury attorneys at David W. Singer & Associates handle all types of accident injury cases in Hollywood, Miami, Fort Lauderdale, Miami-Dade County, Miami Beach, North Miami Beach, North Miami, Aventura, Sunny Isles, Golden Beach, Miami Lakes, Hialeah, Hialeah Gardens, Miami Gardens, Bal Harbour, Bay Harbour, Opa-Locka, Medley, Miami Shores, Cutler Ridge, Kendall, Coral Gables, Homestead, Florida Keys, Key Largo, Islamorada, Key West, Broward County, Hallandale Beach, Pembroke Park, Pembroke Pines, Dania Beach, Davie, Southwest Ranches, Plantation, Weston, Sunrise, Tamarac, Pompano Beach, Lighthouse Point, Coral Springs, Parkland, Margate, Coconut Creek, North Lauderdale, Lauderhill, Miramar, Palm Beach County, Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, Palm Beach, Manalapan, Hypoluxo, Singer Island, Palm Beach Gardens, Jupiter, Wellington, Martin County, Stuart, St. Lucie County, Port St. Lucie, Vero Beach, Fort Pierce.

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