Kaire & Heffernan, PLLC Legal Blog

Why Hospital and Nursing Home Rankings Rarely Matter

As a Medical Malpractice Lawyer, I am often asked; “What is the safest hospital in Miami”?  To which I respond None!! Yes, some hospitals are generally safer than others.  For example, Baptist Hospital is generally regarded safer than Palm Springs Hospital.  That being said, Palm Springs General Hospital may be safer for certain medical conditions or procedures.  Obviously, If you are an Emergency…

Improper Monitoring of a Patient During or After Surgery

Even a relatively minor surgical operation causes trauma to the human body, so patients undergoing surgery of any kind must be monitored closely and continuously. While the majority of surgeries are uneventful, that is due, in part, to how well the patients undergoing those surgeries are monitored during and after the operation. General or local anesthesia and other medications used…

Failure to Take the Patient’s Medical History into Account

When caring for a patient, a doctor must consider the patient’s medical history in order to treat the patient safely and effectively. Especially with new patients, doctors must spend sufficient time with the patient to develop a full medical history. The medical history will contain some or all of the following information: Identifying information about the patient, such as name,…

Greater Speeds Equals Greater Injuries

As a Miami Bicycle Accident Lawyer and avid cyclists, I have represented those that have been injured in bicycle accidents and have myself been injured in a bicycle accident.  Accordingly,  I have a good understanding about the impact of carbon bike frames and parts, and how they have resulted in not only more accidents, but more importantly in more injuries. We…

Medical Malpractice Law Says We Stop Loving After Age 25

Medical Malpractice lawsuits are never easy.  They are usually hard fought, require skilled lawyering, and knowledgeable experts.  However, some claims can never get filed.  Why you ask?  Because among the many obstacles within the Medical Malpractice Act and the Florida Wrongful Death  Act is the limitation on survivors. Pursuant to Florida Statute 768.21: (3)…children of the decedent if there is no surviving…

Property Owners Must Prevent Criminal Conduct

Premises liability refers to situations when an owner or occupier of a space may be required to compensate someone harmed on their property. This usually refers to “slip and fall” cases where an accident occurs because the location is not kept reasonably safe. One unique aspect to premises liability involves cases where a crime occurs on someone else’s property. These are…

The Effect of Lobbying on Florida’s Medical Malpractice Laws

A lobbyist is a person paid by a special interest group to try and influence policy makers in favor of that special interest group. Most lobbyists know their job and do it very well, and despite the popular perception, most lobbyists adhere to the strict disclosure rules surrounding their profession. However, even ethical lobbyists can sway policy makers into making…

Strokes On The Rise For Teenagers And Young Adults

Strokes are associated with the elderly, and those with high blood pressure, diabetes, and other symptoms.   However, recent figures released by the Georgia Hospital Association reveal that the same number of people under age 65 as over 65 experience strokes each year.    I know what you’re thinking, age 65 is a huge spectrum, and not indicative of either young adults…

Key Provisions Of Texas Sonogram Law Struck

Let’s hope the defeats for Texas governor and presidential candidate Rick Perry do not stop. Governor Perry is an advocate of Medical Malpractice reform and limiting patients rights. To that end, U.S. District Judge Sam Sparks, a former medical malpractice Defense lawyer, blocked key provisions of Texas’ new law requiring a doctor to perform a sonogram before an abortion, ruling…