Kaire & Heffernan, PLLC Legal Blog

What Is Insurance Bad Faith?

Which of these slogans sounds familiar? “Like a good neighbor” “In good hands” “Doing the right thing” “On your side” …Probably all of them. The country’s major insurance companies are great at making names for themselves. Their television ads make us laugh and cry. Their jingles and slogans worm their way into our heads and hearts. There’s no doubt about — insurers know…

Sleep-The New Risk Factor In Predicting Strokes

Strokes are a silent killer. If caught in time(within 3 hours of onset) the effects of a stroke can be minimized.  However, if left untreated, strokes can cause life altering damages or fatality. Thus, the key is recognizing what the risk factors are for stroke-both in terms of prevention and diagnosis. Pursuant to The American Heart Association, the risk factors associated with stroke…

Scott Recalls Bike Helmet

I have written extensively about the dangers of bike riding in South Florida- As a brief aside there was another hit and run fatality this morning – Thus, a good bike helmet is not a luxury, but rather a necessity. A helmet must comply with US and European safety standards.  Accordingly, cycling manufacturer Scott is voluntarily recalling its range of Vanish Evo…

Bad Drivers And Narrow Lanes on I-95

I still remember the first week the I-95 express lanes opened.  People were confused and there were accidents galore.   We were assured that the express lanes would ease traffic congestion once motorist became familiar with the entry and exit points. Fast forward 6 years later, and while the confusion is gone there are still accidents galore. The problem is not…

Understanding Civil Liability for Drunk Drivers

Driving under the influence of alcohol or drugs is a criminal offense in Florida. Drunk drivers can lose their license and go to jail, even in the absence of injuries. But drunk drivers aren’t just on the hook for the criminal offense. Florida imposes civil liability on DUI drivers too. We explain those liability rules (in general) below. Criminal vs.…

‘Slip and Fall’ in the News: Big Companies as Defendants

If you spend enough time shopping , you’ve probably encountered at least one “Wet Floor” sign. Retailers and restaurants keep these signs handy for a reason: slippery walkways are dangerous. The potential for legal liability is high. Indeed, “slip and fall” is one of the most common examples of injury in Florida. Most often, the claim involves a customer who…

Most Common Construction Site Injuries in Florida

With all the lifting, pulling, pushing, and equipment involved, construction sites are dangerous places. Florida’s construction workers are often asked to handle extraordinary weight at incredible heights, and the tools of the trade are inherently dangerous. Unsurprisingly, construction site injuries make up a significant portion of the personal injury claims in Florida. In fact, nearly twenty percent of all workplace…

Knee Replacement Cutting Guides Not Approved But Used In Surgery

As a Medical Malpractice lawyer that is close to needing a knee replacement a recent article in the New York Times caught my attention.  We recently finished a trial involving a failed knee replacement surgery, so I was familiar with the medical malpractice issues involving replacement surgery.  That being said, I was unaware that a company by the name of the OtisMed Corporation,…

How Medical Malpractice Can Cause a Stroke

Strokes often happen without warning. Some are almost instantly fatal. Others cause permanent brain injury, partial paralysis, physical disability, neurological damage, or even coma. Fortunately, many strokes can be managed if treated early enough. The right medical approach can limit the long-term impact and prevent permanent injury, as well as recurrence. So what happens if the Emergency Room doctor incorrectly…

Did a Delay in CPR Kill Joan Rivers?

Last month, we assessed the strength of a possible wrongful death suit in the Joan Rivers case. While many of the facts were still unknown, the allegations against Rivers’ doctors were certainly enough to support claims for medical malpractice and wrongful death — and probably shocking enough to really upset a jury too. Now, new reports reveal even more astounding…