It’s Not Business, It’s Personal
In a blow to disabled patients’ rights, a federal court has ruled that a hospital does not have to provide a live interpreter for a deaf patient suffering a heart attack, when other “effective” means are available. Federal judges rejected the plaintiffs’ claim that a live interpreter was necessary in the midst of an emergency, concluding the hospital’s use of…
A chain of pediatric dental providers are banned from participating in federal health care programs after the group repeatedly provided unnecessary medical care to children and failed to meet recognized standards of care. Nashville-based CSHM, LLC, which provided care to hundreds of thousands of children, also failed to report serious quality-of-care events and take corrective actions as required by federal…
We have all been to sporting events and witnessed the fan that had too much to drink. Alcohol sales and violence in our society have made sporting events a dangerous proposition. While times have changed, stadium operators and team owners have failed to keep up with the times. A negligent security trial that stemmed from a violent attack and left a victim with brain…
Thanks to huge efforts from the Aaron Cohen family, Sen. Miguel Diaz de la Portilla, and cyclists across South Florida, The Aaron Cohen Life Protection Act was signed into law Tuesday. This is the best piece of legislation Governor Scott has signed in almost 4 years. The legislation increases the penalties on Hit and Run who leave the scene of a crash in which a…
The Florida Workers compensation system is broken. The insurance industry has lobbied and won, while Florida employees and their families have lost. The benefits available to an injured worker pale in comparison to those available outside the workers compensation system. The Death benefits statute is egregious. A horrific accident that occurred yesterday highlights the injustice of the system. A man and 2…
It is a common belief amongst juries that any pre-existing condition that a plaintiff might have is not compensable in a lawsuit. However, in Florida, this is not entirely the case. Depending on the nature of the condition, you may be entitled to damages for a pre-existing condition aggravated in the current accident. That is, you cannot collect damages for…
Yesterday I wrote about the potential for a wrongful death lawsuit arising out of the shooting at mansion nightclub. It didn’t take long. Today a wrongful death lawsuit alleging Negligent Security was filed. The lawsuit was filed by the Antaun Teasley’s twin brother, who is bringing the lawsuit on behalf of the estate and Teasley’s son. As I wrote yesterday, Mansion…
All too often we pick up the paper and read about a fight that escalates into a shooting in a nightclub. Often the assailant not only shoots his intended target, but innocent bystanders as well. These types of cases fall into what we refer to as Negligent Security. Just this past Tuesday Morning, Antaun Teasley, a personal chef to a number of professional athletes was…
There are seventeen states in the U.S. where personal injury protection (PIP), or “no-fault,” coverage is required. PIP coverage is designed to cover medical expenses that a normal insurance policy may not cover, and it is often referred to as “no-fault” because bills are usually paid regardless of legal liability. Florida has mandatory PIP coverage, but within the last year…
A couple of months ago I received a phone call from a reporter that was running a national story on the Florida Board of Medicine’s repeated failure to discipline their own. The reporter reminded me of a case in which I represented a patient that suffered devastating injuries from a stroke because the admitting doctor never came to the Emergency…