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Miami Personal Injury Law Blog

Is prescribing opioids to a pregnant woman medical malpractice?

The potential health dangers and risk of addiction posed by prescription opioids like hydrocodone, codeine and oxycodone are well known. However, for pregnant women, the drugs can also endanger their babies. Studies have shown that children whose mothers took opioids during pregnancy were more likely to have birth defects impacting their heart, spine and brain. They also risk developing neonatal abstinence syndrome. A newborn with NAS experiences drug withdrawal symptoms.

Therefore, a recent study by the Centers for Disease Control and Prevention regarding how many women of childbearing age are taking prescription opioids is particularly disturbing. The CDC found that from 2008 to 2012, over a quarter of women between 15 and 44 years-old with private health insurance filled an opioid prescription. That percentage was even higher (nearly 40 percent) for women enrolled in Medicaid. The data in the report, which was based on health insurance claims, found that opioid prescription rates were highest here in the South than in any other region of the country.

Florida company recalls meat products due to possible allergen

The health dangers inherent in some meat products are once again in the news. This time, a Florida company is behind the products in question. Holiday Foods, which is based in Hollywood, is recalling over 1,800 pounds of meat products.

The United States Department of Agriculture has classified this as a Class I recall. That means there is high health risk with a "reasonable probability that the use of the product will cause serious, adverse health consequences or death."

Court says Florida man can seek up to $180 million from Toyota

We have discussed some of the many problems that Toyota drivers have experienced with defective vehicles. One of these issues has been unintended acceleration.

Toyota recalled over 10 million vehicles for issues that were believed to cause spontaneous acceleration. In 2009, 3.5 million Toyota and Lexus vehicles were recalled for an issue with floor mats that caused accelerator pedals to jam. Toyota has paid some $1.6 billion in settlements to victims of the defect.

A frightening example of medical malpractice: wrong-site surgery

Wrong-site surgery, which can include surgery performed on the wrong body part, the wrong side of the body or even the wrong person, sounds like something that should never occur. In fact, that's exactly why it is referred to in the medical world as a "never event." It's one of 20 such medical errors classified this way. However, it does happen far too often.

It's been estimated that some 40 wrong-site surgeries occur nationwide every week. Since in some states, reporting of these medical errors isn't mandatory, the number could be higher. In Florida, reporting is mandatory. However, there has been a call to increase mandatory reporting of these "never events" on a national level.

Florida appeals court rules on social media post admissibility

The decision of a Florida appeals court may well impact civil lawsuits regarding personal injury and potentially product liability for years to come. The specific case on which the judges ruled was a slip-and-fall lawsuit against the retail giant Target.

During the trial, Target asked for access to the woman's Facebook page. Specifically, the defendants wanted to see photos that the woman had posted there. That request was granted by the state court. However, the plaintiff asked the Florida appeals court to quash that discovery order. That request was denied by the three-judge panel.

Miami's Carnival to pay $3.6 million in asbestos-related death

The family of a Carnival Cruise Lines electrician who died from asbestos-related lung cancer in 2005 has been awarded $3.6 million. The man worked as an electrician for the cruise line, which is headquartered here in Miami, from 1985 to 2000.

According to the lawsuit, the electrician was exposed to asbestos fibers that were in the insulation in the machine and engine rooms of the ships on almost a daily basis.

Many South Florida hospitals fail CDC infection-control standards

Most people think of hospitals as places of health and healing. No one expects to leave the hospital in worse health than when they arrived. Unfortunately, this is the reality for about one in every 25 patients; the number of patients who contract a hospital-acquired infection. In fact, about 750,000 Americans are killed each year by diseases they got while receiving health care.

Such statistics are tracked by the U.S. Centers for Disease Control and Prevention. Some recent data show a trend that should concern South Floridians. According to CDC data from last year, more than 40 percent of hospitals in South Florida failed to meet national standards for preventing common infections.

How can the Elder Justice Act help Floridians?

Most of our readers have seen stories in the news about elder abuse. Sometimes, it occurs in nursing homes and other group facilities. Cases of reported abuse in both long-term care and daycare facilities have increased substantially in recent years. Even more tragically, perhaps, the abuse is at the hands of family members or others caring for a person at home.

Even when the abuse is financial or emotional rather than physical, it can take a physical toll. Research has shown that victims of elder abuse or neglect, including financial exploitation, are three times more likely to die prematurely than those who are not victims.

Helping Florida victims of seat back defects

Of all the things in or on a vehicle that can injure a person who is involved in a car accident, a defective seat back is probably not the one that most Floridians think of first. However, when a seat back collapses in an accident, a driver or passenger can sustain serious and even fatal injuries.

The attorneys at Freidin, Dobrinsky, Brown & Rosenblum P.A. represent victims of injuries caused by faulty seat backs as well as family members of those who have died because a fault seat back failed to do its job and support them in an accident.

GrandDriver program targets older Florida drivers

Florida is one of America's most popular retirement destinations. With this influx of older drivers comes increased dangers on our roads. While some older drivers are fine giving up their driver's licenses and getting around via some form of public or privately-provided transportation, others want to hold onto the independence that a driver's license provides them -- even when it's no longer safe for them to drive.

Drivers make an average of 20 decisions per mile that they are driving. As we age, our response time becomes slower and we don't react to potentially-dangerous situations in the seconds necessary to avoid crash.

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Miami, FL 33131


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2245 McGregor Boulevard
Fort Myers, FL 33901