It’s Not Business, It’s Personal
Sandra Faraldo was injured in an automobile accident and she brought a lawsuit against Geoffrey Choy and his employer Vocelli Pizza. At trial Faraldo alleged that Vocelli Pizza was vicariously liable for the acts of Choy, because Choy was acting within the course and scope of his employment as a pizza delivery driver at the time of the incident. Faraldo…
The case of ACOSTA v HEALTHSPRING OF FLORIDA, INC., offers an analysis of what is and what is not a”health care provider” for purposes of the Florida Medical Malpractice Act. Angel Acosta suffered a stroke in May 2009, and was initially evaluated at North Shore Medical Center. HealthSpring provided Medicare health insurance benefits to Mr. Acosta. The Acosta’s sued HealthSpring…
Medical Malpractice comes in all shapes and sizes. Procedures that doctors promote as safe, are often anything but. One such Medical Procedure is Manipulation Under Anesthesia. This is a procedure for people suffering from adverse effects of injuries, often from an accident, and in the following circumstances: Patient has failed to response to other types of conservative management. Have a…
Imagine this scenario, the doctor tells you than you need a procedure, whether it be a colonoscopy or arthroscopic surgery. You’re scared, but the doctor assures you the procedure is routine-so routine, that the doctor will perform the same procedure/operation up to 12 times that same day. If you knew the doctor was performing the same procedure up to 12…
The majority of Miami and Broward Personal Injury Lawyers are ethical, hard working lawyers, who sacrifice time and money to help their clients. Yet, like in all professions, there are that small group that refuse to do things “the right way”, and manage to negatively affect the image of ALL lawyers. I was meeting with a client yesterday afternoon who…
Unfortunately our society is becoming more violent, and that violence is spilling over into restaurants, sporting events, gas stations, etc. Landowners owe their guests a non-delegable duty to maintain their premises in a reasonably safe condition, and that duty includes keeping their visitors safe from foreseeable harm. Fan violence at sporting events has been on the rise, as has violence…
As hundreds of basketball fans packed into Shuckers Waterfront Grill to watch the Miami Heat fight for their playoff lives, the last thing they expected was that they would be fighting for their own collective lives. Tragically, that is what happened when a waterfront patio deck collapsed into Biscayne Bay. Shuckers is a popular sports bar located in North Bay…
Earlier today I wrote about the Florida Board of Medicine’s decision to revoke the medical license of Dr. Richard Dellerson, a 74 year old emergency medicine physician. The purpose behind the Board’s was to scare other Doctor’s into silence. After giving Dr. Dellerson’s case more thought, I asked myself whether the board would have suspend Dr. Dellerson’s license had he…
In Florida, doctor’s commit multiple acts of Medical Malpractice, and the Florida Board of Medicine rarely issues a punishment, much less a revocation. However, testify against one of their own, and the Board of Medicine will come after you. In the latest attempt to discourage doctors from testifying in Medical Malpractice cases, the Florida Board of Medicine revoked Dr. Richard…
After years of failing to pass legislation that would ban texting and driving, the Florida legislature finally passed a bill and joined the other 40 states that already had legislation in place. Unfortunately, and as is usually the case, the Florida legislature failed to pass any meaningful legislation. As a Miami Car Accident Lawyer, I have represented countless victims of…