Kaire & Heffernan, PLLC Legal Blog

It Is Virtually Impossible To Sue Your Employer For Injuries In Florida

The Workers compensation system is broken.  To that end, the Workers compensation act was passed in an effort to  “to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer….” § 440.015, Fla. Stat. (2010). This statutory scheme “is based on…

Tort Reform Is Not An Option

Every couple of years, around election time, we start to hear the beat of the drums for tort reform.   The message is usually the same, blame the trial lawyers for the expensive cost of medical care and for the ever increasing insurance premiums.  I have a better idea, how about looking at the doctors, nurses, and insurance companies. 98,000 people are…

Kaire & Heffernan Announce Winner of Bicycle Accident Scholarship

We at Kaire & Heffernan are avid cyclists, and that’s why we offered a law school scholarship to promote bike safety awareness. Last summer, Gabriel Ybarra was slightly behind his friend as they crossed an intersection. The light was red for an oncoming driver, but it didn’t matter. The car, driven above the speed limit by a young woman, hit Gabriel’s friend… “……

Injury or Accident in a Florida State or National Park

Summer in Florida is an excellent time to enjoy the great outdoors. State parks and national parks allow Floridians to experience many types of enjoyable outdoor recreation. For example, swimming and boating in Florida’s many lakes and in the ocean and the Gulf of Mexico are popular, enjoyable pastimes. However, accidents sometimes happen to persons enjoying those pastimes. This year,…

Aggravation of a Pre-existing Condition After an Accident

The most common defense in a personal injury claim is that the Plaintiffs injuries were pre-existing.  This is a favorite tactic of the big automobile insurance carriers (State Farm, Allstate, Geico, and Progressive)  It is fairly common to suffer from a preexisting injury or medical condition that an accident makes worse. Under Florida law,  the person causing the accident is…

$1.4 Million Verdict Against GEICO For Back Injury

A back injury and resulting back surgery following a car accident should make insurance companies nervous.  However, in the last couple of years the large insurance carriers (GEICO, State Farm,  Allstate, and Progressive) decided they were going to aggresively fight back surgery cases.  Not sure that has been a good idea for them.   The latest verdict was handed to GEICO,  (who has been losing bad…

What is NICA?

NICA is an acronym that stands for Florida’s birth-related “Neurological Injury Compensation Association.” Section 766.303 of the Florida Statutes establishes NICA as a statutory organization that manages a state fund created to pay the expenses of babies who were born with certain types of neurological injuries. The program is available to families throughout Florida, and parents or guardians do not…

Miami Nurses Failing to Follow Doctor’s Instructions

Nurses are essential members of the healthcare team. Every day, in hospitals, nursing homes, and long-term care facilities throughout Florida, nurses play a vital, if sometimes overlooked, role in the care of patients and residents. Most of the time, nurses’ actions promote the health and safety of the persons under their care. Nurses Must Follow Instructions from Doctors Nurses in…

Failure to Report a Change in a Patient’s Condition

Nurses provide the first line of care to patients in hospitals and other healthcare facilities. They generally have the most contact with the patients and are in the best position to monitor a patient’s medical condition. Moreover, nurses are trained to observe, document, and report changes in the signs and symptoms of a patient’s condition. Nurses must keep a patient’s…