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Miami Personal Injury Law Blog

Road construction and damage can cause accidents

Most serious car accidents here in South Florida are caused by the negligence or recklessness of drivers. In some cases, however, they result from things like unrepaired roadway damage, poor design, inadequate lighting or poorly-marked construction zones. Too often, people are injured due to one of these problems and don't even consider that someone should be held responsible.

We know that it can be daunting for people to seek compensation from a government entity that's responsible for the condition of roads, the business that may not have properly installed a guardrail or a construction or utility company that didn't properly secure the area where their crews were working. However, our experienced attorneys aren't afraid to go for the best settlement possible for our clients.

When can nurses be sued for medical malpractice?

Anyone who's been to a hospital or doctor's office recently will probably attest that they seem to have less time to devote to each patient. That means that the role of nurses has become increasingly significant.

So, if a patient is injured or made ill by something that a nurse did while following a physician's orders, can the nurse be held legally responsible? In fact, medical malpractice suits against nurses (either individually or as part of a suit against a medical facility) have increased. Just what are a nurse's responsibilities when given an order by a doctor if he or she disagrees with the order?

Would you buy a self-pushing stroller?

For people who like to take their baby out for a walk but don't want the hassle of having to hold onto the stroller, there may be a new product on the market within the next year to solve that dilemma. It's a self-pushing stroller.

The entrepreneurs who came up with the idea of this "intelligent" stroller (called the Smartbe) are still trying to raise the funds to move forward with it. They are using Indiegogo.com to raise $80,000. If they're able to reach that goal, the strollers could begin shipping by the end of the year.

What foods are most likely to cause food poisoning?

It may seem like as consumers, there's little if anything we can do to avoid getting one of the nasty and sometimes potentially dangerous foodborne illnesses like E. coli ir salmonella. However, some types of food have a greater chance of causing illness than others.

One noted food safety attorney who has represented plaintiffs in food poisoning cases against restaurants and food manufacturers says that there are certain types of food that he avoids eating completely because of their risk of containing bacteria.

What is 'standard of care' in malpractice cases?

If you're considering whether to file a medical malpractice suit, you may have come across the phrase "standard of care." This is an essential consideration when a judge and/or jury is making a decision on this type of lawsuit.

Obviously, no physician or medical professional can guarantee that nothing will go wrong or that a bad outcome won't occur when treating a patient. However, they are expected to provide a level of care that a "reasonable person" would expect. If they neglect to provide that standard of care, either by their action or inaction, they can be held liable if a patient suffers an injury or illness as a result.

CELEBRITY ENDORSED EOS LIP BALM CLASS ACTION LAWSUIT

A growing number of customers claim the product causes them to break out in blisters and rashes on their lips and face.

Last week, a class-action lawsuit was filed in California against the company behind the popular EOS Lip Balm, claiming a "substantial number of consumers" have experienced adverse reactions to the product, including "rashes, dryness, bleeding, blistering, cracking, and loss of pigmentation, lasting from a few days, to a few months, leaving some consumers with long lasting and perhaps permanent symptoms."

Recalled Disney onesies could present a choking hazard

No one has ever accused the folks at Disney of missing an opportunity for product tie-ins with its films and characters. With its $4 billion acquisition of Lucasfilm back in 2012 and with it the "Star Wars" franchise, those opportunities have increased exponentially.

This extends to future Disney fans still in diapers. Unfortunately, the company has had to recall approximately 10,000 onesies because it was discovered that the snaps on them could detach. This could present a potential choking hazard for little ones who generally have a penchant for putting everything within reach in their mouths. The good news is that no one has reported any injuries as a result of the defective snaps.

How to make your hospital stay a safe one

A hospital stay can be frightening, confusing and intimidating. Everyone seems to know what they're doing, but often they don't stop to explain things to the patients they're caring for. That's why it's essential to maintain some level of control, ask questions and understand what is being done. If you're not in a position to do that because you're too ill or injured, ask a family member to do it.

Ask questions of doctors, nurses and other medical professionals who are involved in your care. Don't hesitate to write things down. However, do this when they can give you their undivided attention. Don't distract them while they're preparing your medication or something else that requires their focus.

Florida Puts Children at Risk by Removing Surgical Standards for Pediatric Open Heart Surgery

Physicians say the standards were necessary to protect vulnerable children with heart disease.

Pediatric Cardiologists in Florida believe the state is putting children with heart defects at risk after dumping surgical standards following Tenet Healthcare's $200,000 contribution to Republicans in the state, CNN reports.

Technological advancements that can help seniors drive safely

No one wants to have to tell an aging loved one that he or she should no longer drive. In fact, evidence suggests that seniors who stop driving are more likely to suffer from both emotional and physical health issues as a result.

However, it can't be denied that health problems from arthritis and other impairments of motor skills to cognitive issues to vision problems impact the ability of many seniors to drive safely. People 65 and older are nearly twice as likely to lose their lives in an accident as those from 55 to 64. People 85 and older are four times as likely to die in crashes.

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