Personal Injury and Medical Malpractice cases often come down to expert testimony. On May 23rd, 2019, the Florida Supreme Court adopted the Daubert standard which now operates as the state’s evidentiary standard for the admissibility of expert testimony. The difference between the Daubert standard, and the previous Frye standard, is under Frye, when an expert […]
Tiger Woods Dismissed from Wrongful Death Suit
/in Car Accidents /by Mark KaireTiger woods was named as a defendant in a wrongful death lawsuit. On June 12, our blog examined Tiger Woods’ potential liability in the wrongful death suit. The lawsuit was filed on behalf of an employee of a restaurant that Woods invested in. That blog post can be found here. Based on our analysis of […]
What You Tell Your Doctor Following An Accident Can Make Or Break Your Case
/in Bike Accidents, Car Accidents /by Mark KaireIn the world of Personal injury and medical malpractice, facts matter. A hidden word in thousands of pages of medical records can be a deciding factor. Words matter!! A recent case from Florida’s 5th DCA, make it clear that information contained within medical records regarding how an accident happened is admissible. To the end, Cynthia […]
Fall Protection Training Near Miami
/in Personal Injury /by Mark KaireWhy a Simple Training Course Could Reduce Your Risk Exposure and Save Lives Falls from heights are the #1 cause of death in the construction industry, and yet they are also among the most easily preventable. According to a 2011 OSHA report, falls account for more than 1/3 of construction-related deaths in the United States. […]
Investigation Finds That Doctors with Malpractice Claim History Are Still Treating Patients
/in Medical Malpractice /by Mark KaireFlorida Doctors Previous Negligence Still Risking Future Negligence in Patients When a Florida doctor’s negligence causes the loss of a loved one or leaves you with a life-changing injury, you file a medical malpractice lawsuit to collect damages and, hopefully, deter that physician from committing preventable errors in the future. Unfortunately, there’s a high likelihood […]
FLORIDA’S DEADLY RAILROAD CROSSINGS
/in Car Accidents /by David HeffernanOver the past two decades, Kaire & Heffernan has helped hundreds of Florida citizens injured as pedestrians, bicyclists, motor vehicle drivers and passengers. Now there is another risk for Floridians as people are being killed at Florida railroad crossings almost weekly. In the U.S., a train hits a person or vehicle every three (3) hours, […]
How 3D Painted Crosswalks May Decrease Pedestrian Accidents in Miami
/in Personal Injury /by Mark Kaire“Optical illusion” crosswalks are saving lives overseas. It’s time for Florida to consider installing them here in Miami too. Florida has its fair share of optical illusions, but most of them are tourist attractions, from Spook Hill and WonderWorks to Ripley’s Believe it Or Not and beyond. But what if optical illusions were part of […]
What Are My Rights If Multiple Sclerosis Was Diagnosed as a Stroke?
/in Medical Malpractice /by Mark KaireMultiple sclerosis (MS) and stroke are two distinct medical conditions, but they have a few things in common. To begin with, both diagnoses are extremely serious. MS is a chronic health condition that can fundamentally alter quality of life and may even be totally debilitating to the patient. Stroke, meanwhile, is a life-threatening medical emergency. […]
Tiger Woods Faces Wrongful Death Suit
/in Car Accidents /by Mark KaireNicholas Immesberger worked as a bartender at The Woods in Jupiter, Florida. In December of 2018, on his way home from work, Immesberger was involved in an automobile accident that resulted in his death. His blood alcohol level was three times over the legal limit. This last May, Immesberger’s family filed a wrongful death lawsuit […]
Jacksonville Hospital Files Lawsuit Regarding the Confidentiality of Medical Records
/in Car Accidents /by Mark KaireAs Miami Medical Malpractice lawyers we are tasked with finding evidence of medical negligence. Our job became a little bit easier in 2004, when Florida citizens voted to amend the Florida Constitution by passing Amendment 7. Amendment 7 permits patients to access records related to a health care facility’s “medical negligence, intentional misconduct, and any […]
Stroke Recovery Guide
/in Personal Injury /by Mark KaireAn Overview of Important Steps to Take in the Weeks Following a Stroke Nearly 800,000 people suffer a stroke in the United States every year, and about 140,000 of those people die. That makes stroke one of the leading causes of disability and death in America. Fortunately, the majority of people who experience a stroke […]
Florida Adopts Daubert Standard For Expert Testimony
/in Car Accidents /by Mark KairePersonal Injury and Medical Malpractice cases often come down to expert testimony. On May 23rd, 2019, the Florida Supreme Court adopted the Daubert standard which now operates as the state’s evidentiary standard for the admissibility of expert testimony. The difference between the Daubert standard, and the previous Frye standard, is under Frye, when an expert […]