COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Tagged with west-palm-beach-injury-attorney

A concrete products company that failed to take a number of appropriate safety measures when one of its workers became trapped in a sand bin will pay $70,000 in fines to the Occupational Safety & Health Administration, following a decision by the U.S. Court of Appeals for the Seventh Circuit. sand1

Court records in Dukane Precast Inc. v. Perez detail a troubling scenario in which not only was the well-being of the trapped worker jeopardized, but so too was the safety of several workers who climbed into the bin to try to dig him out.

Although the worker survived, he sustained severe injuries below the waist due to the pressure of the sand on his body for more than five hours.

After a South Florida man was diagnosed with a neurological condition, he was forced to use a wheelchair on a daily basis, but he tried not to let it get him down too much. He still went to work every day, took his dog for walks, went to the grocery store and enjoyed spending time with his family at home. wheelchair5

But was stripped of that independence, he said, when he boarded a paratransit bus using a service the county farmed out to a private entity. What he didn’t know was the lift used on that van to raise wheelchairs onto the vehicle was defective, and had been recalled several weeks earlier by the manufacturer. The operator, Allied Medical Transport, had been notified of the defect, but had yet to fix it and did not warn customers of the problem either.

On that day in April 2012, plaintiff backed his wheelchair onto the lift as he was boarding it to head home from work. But the lift malfunctioned. Plaintiff fell backward onto the ground. He suffered a traumatic brain injury, as well as a broken vertebrae. He is now a quadriplegic. He requires 24-7 care, which his family cannot provide, so he is forced to live in a nursing home.

For many years, addiction and the overdoses that so often accompanied them were viewed as a moral failure of the addict. In recent years, our understanding of addiction as a medical condition has evolved. As such, we are seeing an increasing number of instances in which medical professionals – including physicians and pharmacists – are being held accountable for negligence that played a causal factor in overdose. bluepilles

In 2013, Walgreens paid $80 million to settle a claim with the Drug Enforcement Administration that it failed to control opiod pain reliever sales at certain locations. Now, the pharmacy is facing lawsuits for negligence in which customers died of overdoses after consuming large quantities of powerful drugs supplied by company pharmacists.

Last year, the husband of Lisa Robin Kelly, the actress best known for her stint on “That ’70s Show,” filed a negligence lawsuit against the rehabilitation center where she died of an overdose in 2013, alleging staffers were improperly trained to dole out those drugs.

Florida lawmakers are eager to lure people from around the country to this state for a host of medical procedures. The state legislature recently authorized a $2.5 million grant, administered by the state’s official tourism and marketing organization, Visit Florida, to tout this as a place to obtain a host of medical treatments.dentist04

The money has been earmarked for two goals: One to promote Florida as a medical tourism destination, and another to promote medical meetings and training. This is added to the $5 million in state funding the agency received for this purpose during the previous legislative session. Each of these grants are being matched by private dollars.

Palm Beach County had recently announced its aim to attract 6.6 million visitors  in 2015 – 600,000 more than last year. However, it’s unclear how many of those will be specifically medical-sector tourists.

In recent years, there have been numerous challenges to Florida’s workers’ compensation laws, specifically with regard to reimbursement of attorneys fighting on behalf of injured workers. balance2

While this may not seem a major issue (those greedy lawyers, again!) the reality is, the current fee structure has a potentially crippling affect for the labor force in Florida. Here’s why:

In 2003, the state Legislature, responding to complaints from industry lobbyists that workers’ compensation claims were largely driven by attorneys’ fees, passed a law that strictly capped collection of fees for attorneys representing injured workers. The fee allows for 20 percent of the first $5,000 in benefits secured for the worker, 15 percent of the next $5,000 and 10 percent of the rest. There was another portion of the statute, which indicated plaintiff lawyers were entitled to “reasonable” attorney fees.

As residents and taxpayers, we entrust certain powers to our government and its agents, which in turn imbues it with certain responsibilities –  chief among those being to maintain safety and order to and to render aid when necessary.

By-and-large, the government does a decent job of upholding its end of the bargain. However, when it does not, the results can be disastrous. Pursuing litigation against the government and/or its employees for negligence can get complex, as the recent case of Henebema v. South Jersey Transportation Authority shows. highway1

Plaintiff was driving in a heavy snowstorm on the Atlantic City Expressway in December 2005. It was early morning. Visibility was poor. Several close-in-time and location crashes brought traffic on the highway to a grinding halt. Numerous people were seriously injured, including the plaintiff.

Upon receiving direction from the Florida Supreme Court to reverse an earlier ruling upholding an arbitration agreement in a medical malpractice case, Florida’s First District Court of Appeal did just that, finding the defendant had not offered just cause as to why the agreement should be upheld. businessmanmodified

The ruling in Brown v. North Florida Surgeons P.A. is important in that it underscores the fact that arbitration agreements between patients and doctors often reflect an imbalance of power, which could result in their being found unconscionable.

Our West Palm Beach medical malpractice lawyers know the key is showing the patient either didn’t sign the document knowingly or voluntarily. In many situations, patients are made to believe they have no choice but to sign, or be refused treatment. In other cases, the agreements are lumped in with boilerplate admissions paperwork, with the patient receiving no indication these are legal documents in which they are forfeiting their right to a jury trial, should something go wrong.

Contact Information