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Articles Tagged with Fort Lauderdale injury lawyer

“Retained surgical sponge” is the technical term used when a surgeon accidentally leaves a gauze-like sponge inside a patient after a surgical procedure. doctorpatientrelationship

It’s called a “never event” because it’s one of those things that is totally preventable and therefore never supposed to happen. And yet, these types of medical errors are noted all the time. The actual true incidence of retained surgical items – including sponges – isn’t known. However, there are two large-scale studies that put it somewhere between 1 in 5,500 operations and 1 in 6,975. That may not sound like much, but there are millions of surgical procedures conducted annually, and the average liability in these cases is about $473,022, according to the Risk Management Foundation of the Harvard Medical Institutions, Inc.

In the recent case of Cefaratti v. Aranow, the issue was whether a woman who suffered injury as a result of a retained surgical sponge that was left inside her following a gastric bypass surgery. The issue was whether she could pursue legal action against the allegedly negligent doctor, from whom she also received follow-up treatment once the sponge was discovered years later, despite it seeming apparent the statute of limitations for medical negligence had passed.  Continue reading

Trial started recently in Las Vegas for a woman who went shopping for palm trees at a big box store and left with a serious head injury. plantsale

In Hendrickson v. Lowe’s Home Centers LLC plaintiff is seeking punitive damages in her premises liability lawsuit in a Nevada state court. She alleged the home improvement retailer failed to clear standing water in the store’s outdoor area, which caused her to slip and fall, suffering a serious brain and neck injury.

At the time, back in 2013, she was searching for trees and plants for her outdoor garden and she did not see the water that was on the concrete floor. The claim for punitive damages is bolstered by the fact plaintiff was able to show this was not merely an isolated incident. In fact, there were at least 33 other similar incidents plaintiffs identified at other stores in the outdoor garden area.

Plaintiff attorneys have characterized defense willful lack of regard for customer safety “despicable,” and argued such an award is necessary to drive home the point that ignoring such a serious safety risk should come at a price.  Continue reading

Property owners and managers owe a duty of care to guests (and, in some cases, youthful trespassers) to ensure the site is reasonably safe for those who enter. Any dangerous conditions need to be either resolved or else those who enter should be warned. redwoodtress

But these requirements can be a bit complicated when we’re talking about government-owned property. There are a few statutes that may impede one’s effort to obtain compensation through a Florida personal injury lawsuit.

The first is the Federal Tort Claims Act, which holds that government entities are generally immune from injury litigation unless the entity has waived that protection (per 28 U.S. 1346(b)). In Florida, there is also F.S. 768.28, which waives sovereign immunity in tort actions in certain circumstances. Beyond that, there is F.S. 375.251, which limits a person’s ability to pursue legal action against land owners (including government entities) that open their property to public use for free recreational purposes.  Continue reading

The Alabama Supreme Court has revived two lawsuits filed after one worker was killed and another seriously injured when they were struck by a tanker truck on the job. truck2

The two worked at a recycling company. Although the exclusive remedy provisions of workers’ compensation law make it nearly impossible to sue employers for work-related injuries, the two plaintiffs took action against three third-party defendants, including a lead company across the street that had assumed responsibility for safety inspections.

Those cases, Fleming v. Sanders Lead Company Inc., et al and Williams v. Sanders Lead Company Inc, et al were consolidated  for purposes of summary judgment hearing and appeal.  Continue reading

There is a new airbag recall affecting 5 million vehicles worldwide and approximately 2.2 million in the U.S. The defect has already reportedly been linked to numerous injuries, and there are reports the German manufacturer and the automakers have been aware of the issue for several years now. driver

We are of course familiar with that modus operandi from Takata, a Japanese airbag manufacturer that knew of – and informed automakers – of a serious product defect as early as 2004. The company waited four years before recalling just 4,000 of the 24 million vehicles affected. Now, that problem has been connected to 10 deaths and 100 injuries, and although a full recall by 14 car makers was issued, millions of these defective vehicles still remain on U.S. roads.

In the latest recall, the supplier is Continental Automotive Systems, and the manufacturers that have so far stepped forward are Honda and Fiat Chrysler. Other manufacturers Volvo Trucks and Mazda have not yet issued recalls, but are investigating whether that is necessary. The issue is that an controlling electrical component made by Continental has the potential for corrosion. This could – and apparently in some cases already has – result in the airbags failing to deploy or deploying inadvertently.  Continue reading

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