Florida Injury Lawyer Blog

Over the last three months, several stories about deck collapses have made headlines nationwide. What often begins as a celebration quickly turns into terror when people are injured or killed due to a deck collapse. On the Fourth of July, a 25-year-old man from Alabama was killed and six people were injured when the deck they were celebrating on collapsed. That same day, a deck collapse in Georgia injured several adults, including one reported head injury. The list goes on and on. According to a deck injury study by the North American Deck and Railing Association, thousands of people have been injured and several have been killed due to deck collapses since 2003. The most tragic incident was in 2003 when a deck collapsed and killed 13 people and injured 57 others.

What causes a deck to collapse?

There are several reasons why a deck may collapse. Deterioration such as rotted wood, cracks, corroded hardware; missing or loose connections; and excessive weight are all contributing factors. The Home Safety Council offers information on deck inspection and safety. Regular inspection and maintenance are crucial in order to avoid injuries or even death from occurring. It may sound like common sense, but making sure a deck is securely attached to a home is crucial. A May 2010 deck collapse that injured nearly 30 students in Virginia happened because the deck was not properly attached to the home, according to investigators.

Continue reading "Dangerous Deck Collapses Blamed for Serious Injuries and Deaths" »

A Florida woman has filed a lawsuit against an unlicensed practitioner who burned her during a laser hair removal treatment. The incident occurred last August in Miami when Monica Jimenez had the procedure done by Larry DeJesus, who Jimenez thought had a license to practice. DeJesus caused second and third degree burns to Jimenez's underarms, and the injuries landed her in the emergency room, according to reports.

Prior to filing a medical negligence lawsuit, Jimenez took her case to the Department of Health, who determined that DeJesus was an unlicensed practitioner. The Miami-Dade Police Department became involved after that and arrested DeJesus in June 2010. Jimenez still experiences pain from her injuries and is suing DeJesus for over $1 million.

Unfortunately, as the popularity of laser hair removal treatments increases, so do the amount of injuries resulting from this and other types of nonsurgical procedures such as spider vein removal. In 2004, a woman in Tampa, Florida, had her leg amputated after a spider vein injection treatment at Ideal Image. She received over $2 million in confidential settlements for her medical malpractice and products liability case, which involved three sets of defendants. More recently, a New York woman filed a $5 million medical malpractice lawsuit against a laser clinic that left scars on her torso which she claims cannot be removed.

For consumers who are interested in having laser hair removal or any other non-surgical procedure, the safest precaution is to seek a physician with experience in laser treatments or have the treatment performed by a trained and licensed professional under the supervision of a physician. The Florida Department of Health website offers information as to who is allowed to perform these types of treatments.

Continue reading "Laser Hair Removal that Left Woman Burned Leads to Lawsuit" »

A personal injury lawsuit has recently been filed on behalf of a hospital patient that claims she was sexually abused while seeking care and treatment at the hospital. The lawsuit stems from 2009 when the alleged victim was admitted to the hospital from the emergency room after complaints of persistent chest pain. The patient was placed under the care of a registered nurse that proceeded to inject the patient with morphine and transfer her to a secluded room, according to reports. The nurse waited until he was alone with the patient and then allegedly touched her breasts and placed her hand on his penis.

According to reports, the lawsuit alleges that the hospital negligently hired the nurse and failed to properly conduct a background check in accordance with state law. Had that background check been conducted, the lawsuit alleges the hospital would have known that the nurse allegedly engaged in abusive conduct at other jobs. The nurse was suspended by the hospital following his arrest on sexual abuse charges.

Unfortunately, sexual abuse by hospital personnel is not unprecedented. Law Offices Cytryn & Velazquez, P.A. handled a case involving a woman that was sexually abused by a hospital employee while she was interviewing for a medical assistant position. The employee falsely introduced himself as a doctor and toward the end of the interview told our client that he was required to conduct a physical to obtain insurance approval for employment. The employee then proceeded to inappropriately touch the unsuspecting woman.

Continue reading "Nurse Allegedly Drugs and Abuses Hospital Patient" »

Millions of people visit Florida each year for its theme parks, beaches and water sports. Parasailing is one of the most popular water sports that families partake in when they visit Florida cities such as Miami and Fort Lauderdale. Although parasailing accidents are a rarity in the news, injuries and deaths resulting from parasailing accidents do happen. The website parasail.org offers consumer information and parasailing accident reports.

On June 7th, 2010, a Chicago father and his 6-year-old daughter were injured in a parasailing accident in Miami. The accident happened when the boat towing the parasail lost power. The boat captain decided to cut the rope so that the father and daughter would avoid a collision with port cranes. After landing in the water, the two were dragged and eventually hit a seawall in the Port of Miami when the wind re-opened the parasail. The father and daughter were taken to the hospital and released the next day.

Luckily, the father and daughter from Chicago survived their parasailing accident. However, fatal parasailing accidents have occurred in Florida. In 2007, a deadly parasailing accident in Pompano Beach claimed the life of a 15-year-old girl and injured her sister when the girls crashed onto the roof of a building. Strong winds caused the parasail to spin until the rope that was attached to the boat snapped, leaving the young women helplessly flying through the air. The National Weather Service had issued a thunderstorm warning shortly before the girls' parasailing trip, but the boat captain proceeded to conduct rides despite such warnings.

Unfortunately, parasailing is currently unregulated by state and federal governments. Parasailing operators are not regulated by either the Coast Guard or the Department of Labor. The National Foundation for Parasail Regulations (NFPR) was started in an effort to establish mandatory operating guidelines. Some of these guidelines include monitoring weather warnings and operating at safe wind speeds. NFPR's goal is to get state and federal authorities to enforce safety guidelines in order to reduce accidents and hopefully avoid deaths resulting from this activity. Furthermore, The Amber May Law, named after the aforementioned young woman who was killed in a Pompano Beach parasailing accident, aims to establish guidelines and standards for the parasailing industry. The proposed law has not yet gone into effect.

Continue reading "Unregulated Industry: Miami Parasailing Accident Raises Questions about Parasailing Safety " »

Stories involving the use of stun guns and excessive force by police have become increasingly common over the past few years. Some police officers argue that Tasering is safer than restraining a person using batons and physical force. However, given the increasing number of deaths resulting from the use of Taser guns, many people are against employing Tasering as a subdual method. According to the Amnesty International website, over 351 people have died as a result of police Tasers since 2001.

There have been several Tasering incidents in Florida in the past few years. In 2006, a Clearwater man died after being shot multiple times with a Taser gun by police. The struggle involved three officers who managed to handcuff the man before he passed away. Another Florida Tasering incident involved Andrew Meyer, a student at the University of Florida, when he was Tasered by police during a campus conference featuring Senator John Kerry. Meyer was Tasered after refusing to leave the microphone following a heated political question addressed to the Senator. Meyer survived the Tasering, but the 2007 incident ignited a debate regarding excessive force by police.

Many people, including students at UF, did not think the police should have used a Taser gun on the conference attendee. The American Civil Liberties Union of Florida said police should not have resorted to using a Taser on Meyer if there were enough police officers to restrain Meyer without Tasering him. UF police were cleared, however, following an investigation by the Florida Department of Law Enforcement which found that the officers had followed procedure.

In a recent news story from Orange County, California, a settlement of $750,000 was paid to Matthew Fleuret, a former inmate, in a personal injury suit alleging excessive police force. Fleuret was shocked 11 times with a Taser gun after being tackled to the ground by police and kneed in the back of the head. Since the incident, which took place in 2006, a new sheriff has been appointed in Orange County and use-of-force training programs have been updated. It is unknown if the amount of use-of-force incidents have declined since then.

A number of wrongful death lawsuits have been filed against Taser International, the manufacturer of 50,000-volt Taser guns, as these guns have been linked to causing heart attacks and other cardiac problems. Back in 2005 in Las Vegas, Nevada, the father of a boy who died after being Tasered sued the Las Vegas Metro Police and Taser International for $20 million. An investigation by the coroner later revealed that Tasers were only partly responsible for the boy's death.

Taser International has issued a training bulleting warning officers to avoid shooting suspects in the chest, and stands by their product as safe. The company is known for winning in court until two years ago, when a San Jose federal jury awarded $6 million to the family of a man who died after being Tasered. The verdict marked the first time the manufacturer was held accountable for death or injury resulting from its products.

Continue reading "Use of Tasers Has Led to Debate, Deaths, and Wrongful Death Lawsuits" »

A family boating trip that resulted in carbon monoxide exposure and the death of an Arizona man has led to a lawsuit. The family of Glen Howeth, who died as a result of a heart attack after he and his family were exposed to carbon monoxide, is suing the companies they believe to be negligent in this tragic incident.

Glen Howeth and his family rented a boat on Lake Powell, Utah in June 2008. According to the wrongful death lawsuit, as the family slept, they were breathing in dangerous carbon monoxide fumes due to a generator located on the boat. Unfortunately, carbon monoxide detectors did not alert the passengers. While the family was sleeping, Howeth woke up because he heard his grandson throwing up in the room they shared. Howeth made an effort to wake up the rest of the family and call for help.

According to the lawsuit, Howeth died of a heart attack as a result of carbon monoxide poisoning. Howell was helping his family and calling for help when he passed away. Howeth's relatives had symptoms of carbon monoxide poisoning that included headaches and loss of consciousness, and they were taken to a hospital via helicopter.

One of the companies that Howeth's family is suing for negligence is Aramark Corp, the boat rental company. The companies being sued claim no responsibility in this case. For more information on this story, click here.

Earlier this year a man in Florida died as a result of carbon monoxide exposure on his boat. He was using a generator inside the boat's cabin, which gave off dangerous fumes. Experts warn against using gas-powered equipment, such as generators, indoors because it will lead to carbon monoxide exposure.

Carbon monoxide claims more than 400 lives each year in the U.S., according to the Centers for Disease Control and Prevention. Click here for tips on what you can do to help protect your family from carbon monoxide poisoning.

Continue reading "Carbon Monoxide Poisoning Led to Man's Death on Boat, According to Lawsuit" »

The term "Don't let the bed bugs bite" is no laughing matter for the people who have sustained injuries and embarrassment resulting from bed bugs. Bed bug cases have been filed against furniture rental companies and hotels nationwide. People all over the country have experienced the consequences of just how devastating these tiny insects can be. Because they are so small, it's easy for them to live in furniture and hide indoors. And when they bite, it hurts.

Law Offices Cytryn & Velazquez has represented clients in Florida who have been affected by bed bugs. One of our clients sustained injuries including permanent scarring, headaches, nausea, aching and swollen joints after staying in a South Florida motel. Because her luggage had also been infested with bed bugs, she continued to suffer insect bites despite the change in rooms. In this case, the motel owners refused to acknowledge any problem or take any action to remedy the bed bug situation.

Another bed bug case our personal injury lawyers handled took place in a Jacksonville, Florida, hotel in May 2009. The bed bugs in the hotel left scarring and dark marks on our client's arms and legs. If the hotel had an inspection procedure in place, the dangerous condition would have been discovered upon inspection.

A bed bug case unrelated to our firm involves a family whose home became infested by bed bugs after renting furniture from Aaron's. The bed bugs spread uncontrollably, even after they disposed of several items, forcing the family to move homes.

Furniture rental companies should inspect items to make sure they are in a safe condition and free from insect infestations. This process should include cleaning and exterminating mattresses as well as supervising store or warehouse managers who control or maintain the furniture. Hotels should also inspect their mattresses and make sure their rooms are in safe condition for their customers.

Continue reading "Florida Families Affected by Bed Bugs " »

Having a car equipped with a keyless system and push button start may be a convenience for some and a cool gadget for others, but regardless, you should be aware of the concerns around owning a keyless system vehicle. A recent LA Times article raised questions regarding the safety of driving a car with a new keyless system. The article states that there have been reported concerns including people not being able to turn off their engines in emergencies and people who unintentionally left their engines running for hours.

How can it be possible for some drivers to forget they left their engines running? With all the distractions of life, it could be very easy to forget to press the off button after stepping out of their vehicles. And while some vehicles warn their drivers that the engine is still running, and some automatically shut off after the driver walks away, some vehicles offer no warning if the engine keeps running after the driver steps away from the car. If all keyless system vehicles shut off on their own via a timer after the driver leaves the car, not only would this be safer, it would also save gas. According to the Chicago Tribune, the National Highway Traffic Safety Administration and the Society of Automotive Engineers are working on standards that would make driving these vehicles safer.

If your car is left running in the garage, dangerous carbon monoxide fumes from the vehicle will enter your home, leading to harmful or even deadly consequences. Carbon monoxide does not have a particular smell or color, so it is difficult to detect unless you already feel some of the symptoms from exposure to carbon monoxide. Some of these symptoms include feeling weak, dizzy, disoriented, nauseous, and having headaches.

Causes of carbon monoxide poisoning range from leaving idling vehicles in the garage to having malfunctioning gas heaters at home. Earlier this year, two Sarasota, Florida, Ringling College students woke up feeling dizzy and disoriented. They were lucky to have woken up, as they were suffering from carbon monoxide poisoning. Six people in total were affected as a result of a defective gas heater in a home that is owned by Ringling College. They were all treated and released from the hospital.

Not everyone affected by carbon monoxide poisoning is so lucky. According to the Centers for Disease Control and Prevention (CDC) carbon monoxide poisoning sends over 20,000 people to emergency rooms nationwide and over 400 Americans die from Carbon monoxide poisoning each year. One of the precautions to take in the prevention of carbon monoxide poisoning includes installing carbon monoxide detectors at home.

Continue reading "Florida Residents Beware: New Vehicle Ignition Systems May Pose Carbon Monoxide Risk" »

Dead by Mistake a recent Hearst Corporation study, estimates that 200,000 Americans will die this year from hospital errors and infections. These preventable errors can affect anyone regardless of age, wealth, previous health history, social status, or level of education. And as personal injury attorneys who help relatives of those victims of wrongful death or malpractice, we have seen the disastrous effects of these mistakes.

Three-week-old Alyssa Shinn was born 14 weeks prematurely and was progressing well until her death following an accidental overdose of zinc (ABC News). At a hospital in Indiana, three babies died after receiving an overdose of heparin.

Michael Hurewitz, a healthy 57-year-old newspaper reporter, entered Mount Sinai Hospital in New York City to donate part of his liver to his brother. He died there from an infection contracted in the hospital after the surgery.

Even the prestigious Massachusetts General Hospital is not immune from error. Trevor Nelson, a 34-year-old producer with the television news show 60 Minutes, was admitted with a headache and fever. He was diagnosed with viral meningitis, a condition that frequently resolves itself within about 10 days even without treatment. However, Nelson was administered frequent high doses of powerful narcotic drugs and died within 15 hours of his hospital admission.

How can you protect yourself if you are hospitalized? Be a partner in your care, not just a passive observer. Ask questions, and check your medications to be sure that you are receiving the correct drugs and dosages. Have employees check your name and compare it to the name on the chart or on their orders before giving you any treatment or taking you for any procedures. Check that hospital employees wash their hands or wear fresh disposable gloves when treating you. And if you are unable to take these measures for yourself, have a family member or friend act as your advocate.

Continue reading "Prescription for Death" »

Bayer's drug trasylol, also known under the generic name aprotinin, was widely administered during heart surgery to control bleeding, but research indicates that it may be responsible for a multitude of deaths.

A 2006 study in the New England Journal of Medicine reported that trasylol increased patients' risks of kidney failure, heart attack, and stroke. The researchers concluded that the drug accounted for $1 billion in annual dialysis costs as a result of the 10,000 to 11,000 cases of kidney failure attributed to its use.

Additional studies in the United States and Canada revealed that patients receiving trasylol incurred a much higher death rate than those who had received other drugs

According to a report on CBS News' 60 Minutes, trasylol was given to 52-year-old Joseph Randone in January 2008 to decrease the bleeding risk during what should have been routine heart valve replacement surgery. Shortly after the surgery, he suffered two heart attacks and kidney failure. Eventually, his legs had to be amputated, his eyes sewn shut, and a pacemaker implanted in his heart before his eventual death. His surgeon indicated that he believed trasylol caused the complications.

Bayer allegedly concealed information from one of its own studies about the dangers of using trasylol during an FDA advisory hearing in September 2006. In the face of mounting evidence of the drug's adverse effects, the FDA requested in November 2007 that Bayer stop sales. However, it was not until May 2008 that Bayer recalled any remaining supply of the drug from the market.

On April 25, 2008, Bayer announced that 78 trasylol lawsuits were filed. The first trasylol trial consolidated in a multidistrict litigation is now scheduled to begin on January 18, 2010 in the U.S. District Court for the Southern District of Florida.

Continue reading "Trasylol Increases Death Rate Among Heart Surgery Patients" »

ABC News reported (November 27, 2007) that a Rhode Island hospital was fined $50,000 for committing three serious surgical errors in one year. In two cases, the neurosurgeons operated on the wrong side of the patients head. In the third case, a neurosurgeon drilled on the right side even though the patient's CAT scan showed bleeding on the left side of the brain, but fortunately the error was caught and the hole was closed so that the surgery could proceed on the correct side.

Here are some additional recent examples of wrong site surgery:

• A Chicago area man had surgery performed on the wrong knee, resulting in serious injury to a healthy knee and unanticipated medical bills.
• A man was permanently disabled because the surgeon fused the bone in the wrong ankle.
• A 52-year-old Florida man had the wrong leg amputated and received compensation of $900,000 from the hospital and $250,000 from the surgeon.
• The right kidney of an 84-year-old woman was mistakenly removed instead of her gall bladder.
• A 17-year-old girl received the wrong heart and lungs in a transplant and eventually died.

According to the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) Sentinel Event Statistics, between 1995 and June 30, 2009 there were 837 cases of wrong site surgery.

Minimize the Probability of Surgery on the Wrong Site

You can take steps to help prevent wrong site surgery:

• Investigate your doctor's credentials to determine Board Certification(s) and how many of the same procedures he/she has performed.
• Investigate the quality of the hospital and its ranking in various specialty areas at websites such as:
• United States Department of Health and Human Services
• HealthGrades
• Consumer Reports
• Tell the nurses and doctors your full name, why you are having the surgery, and your date of birth. While this may sound obvious, there is at least one known case of two people with the same names but different middle initials having surgery in the same hospital at the same time but for different reasons.
• Be sure that the doctor initials the site of the surgery as recommended by the American Academy of Orthopaedic Surgeons.

Continue reading "Hospital Performs Brain Surgery on Wrong Side Three Times" »

It is imperative for the South Florida personal injury attorney to ascertain all sources of insurance coverage available to the client.  This is especially true when the negligent driver's insurance policy is insufficient to cover the injuries sustained by the client.  Determining what coverage is available can be complex and require diligent research to uncover all available sources of insurance.  Florida law and the insurance policy will provide assistance in finding additional coverage for the car accident victim.

The owner of the negligent vehicle is an appropriate party to look to first for insurance coverage.  If the driver of the negligent vehicle owns his own car, then you also want to look to him for coverage.  If the negligent driver did not own his own vehicle, but lived with a relative that owned a vehicle, then the client may be entitled to the coverage of that relative.  If the negligent driver was in the course and scope of his employment at the time of the accident, then the diligent personal injury attorney should also look to the negligent driver's employer for additional coverage.

Florida personal injury lawyers must also look to their own clients for additional coverage in the form of uninsured motorist insurance policies.  First, the attorney should look to the client's policy and determine if it includes uninsured/underinsured motorist coverage.  Next, if the client did not own the vehicle he was driving at the time of the accident, uninsured motorist coverage may still be obtainable from the policy on the car the client was driving when the accident occurred.  Finally, coverage may be derived from any relative the client lived with at the time of the accident if the client did not own an automobile or the client owned an automobile, but a resident-relative had a stacking uninsured motorist policy.

These coverage determinations often require more research than simply looking at the available insurance policy and the police reports.  It is important to also research what vehicles are owned by the negligent driver (if any), where he resided at the time of the accident, whom he resided with, where he was employed at the time of the accident, and any other information that will assist the South Florida personal injury attorney in securing the highest possible insurance coverage available for her client.

Continue reading "Finding Insurance Coverage for South Florida Car Accidents" »

Recently, a disturbing story involving a San Diego, California Public Defender and his disgruntled client splashed the headlines with an in-court, feces-flying fiasco.  The appointed defense attorney was apparently smeared with feces about his face and head by his client who had smuggled a bag of excrement into the courtroom.  After besmirching counsel, the defendant turned his wrath on the jury and flung the remaining fecal matter into their box.  The reason given for such an outrageous offense was the defendant's disappointment of not having his present counsel removed as his representative.

Although this incident occurred in a Californian criminal court, many lessons can be derived from it by the South Florida personal injury attorney.  Although inexcusable, it is an important reminder that personal injury attorneys need to protect and nourish the sacred attorney-client relationship.  Whether it is an automobile accident, a medical malpractice action, or any of the numerous other cases maintained by the personal injury attorney, it is important communicate effectively with your client and set their expectations from the initial consultation.

The Rules Regulating the Florida Bar focus heavily on the client-lawyer relationship.  These Rules not only provide excellent guidance for attorneys, but expressly convey the requisites by which all attorneys are to interact with their clients.  This includes promptly informing clients of decisions and circumstances that require the clients informed consent, reasonably consulting with the client about how the objectives of their case are to be accomplished, keeping the client informed about their case, and replying to the clients requests for information.  Although these mandates at first glance seem to be inherent in the ideal of professionalism, it is important that South Florida personal injury attorneys take the time to make sure they are providing this level of service to each client.

The attorney-client relationship is symbiotic, however, and requires the active participation of not only the lawyer, but also the client.  That is why it is important to explain to the personal injury client what will be expected from them throughout the course of their representation and any limitations of the attorney's assistance.  If the proper expectations are set from the very beginning of the relationship including what the client should expect throughout the representation, what will be required of them, how long the case is anticipated to last, and what services the attorney will not be providing, it will make the process much smoother.

With a focus on the mandates of the Rules Regulating the Florida Bar and active communication with--and participation from--the client, it will enable the South Florida attorney to act with the commitment and dedication necessary to pursue the matter with the zeal that all clients expect and deserve.

***DISCLAIMER: The content provided is not intended to be construed as legal advice.  If you have any questions or concerns, based on your factual circumstances, please contact Law Offices Cytryn & Velazquez, P.A. at 1-877-853-7466. 

Continue reading "The South Florida Personal Injury Attorney-Client Relationship" »