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Miami Personal Injury Law Blog

Miami doctor may have license revoked for misdiagnosis cover-up

There has been yet another unusual twist in the case of a Miami doctor who admitted to falsifying patient records to cover up his misdiagnosis. The Florida Department of Health indicates that it plans to appeal a decision by the state Board of Medicine regarding his medical license.

The doctor was charged by the DOH with five counts of professional misconduct last October. He was suspended in June by the state Board of Medicine and was also fined $30,000. The board initially followed the recommendation of an administrative judge and revoked the doctor's license. However, within minutes, the members reversed their decision and reduced the penalty to the suspension and fine.

What Florida parents should know about retinopathy of prematurity

Many Floridians have never heard of retinopathy of prematurity until it impacts their family or someone they know. According to the National Eye Institute, which is part of the National Institutes of Health, most sufferers of ROP are premature infants weighing under three pounds who have not reached what is considered a full-term gestational period of 38 to 42 weeks. The NEI notes that the disorder, which usually affects both eyes, is among the most common reasons for vision impairment and blindness in children. Its effects can last a lifetime.

On our website, we provide information about the disorder. We discuss the causes, stages and treatment as well as active and ongoing research being done on ROP.

Medicare Star Ratings Not Reliable Measure of Nursing Homes

The New York Times has examined the rating sytem of nursing homes and found that most top-ranked nursing homes have been given the seal of approval based on incomplete and self-reported data.

The Medicare ratings are based in large part on self-reported data that the government does not verfiry. Only one of the three criteria used to determine star ratings, health inspections, relies on assessments from outside reviewers. The other measures, staff levels and quality statisitics, do not. 

The ratings also do not factor in fines and other enforcement actions by state authorities, or complaints filed by consumers with state agencies. 

Rosewood, a five-star nursing home in California, was fined $100,000 for causing the death of a woman who was given an overdose of a blood thinner. Rosewood has also been the subject of about a dozen lawsuits in recent years from patients and their families. 

Due to the lack of oversight in the rating system, nursing homes have learned how to game the system. When the program began in 2009, 37 percent of nursing homes received four-or-five-star ratings. In 2013, nearly half did. 

Florida drivers deal with melting dashboards this summer

After all the dangerous and potentially deadly product defects we have seen in various manufacturers' cars over the past few years, a sticky dashboard may seem like a minor problem. However, for those of us here in South Florida, a problem caused by hot, sunny weather can be a significant one.

One woman who has lived in the area for over a quarter-century says, "I've never, never, ever seen a melting car." That's what has happened to her Nissan, however. The problem, according to a service manager for the company, is that as the sun beats down on the car's dashboard, a chemical reaction with the glue under the dashboard causes soft, sticky spots.

What Floridians considering hip or knee replacement should know

As Florida baby boomers settle into their 50s, 60s and beyond, many find that their joints aren't what they used to be. Years of athletic activity, injuries and just plain living take their toll. More people than ever before are taking advantage of the tremendous advances made in medical devices to have their hips and knees replaced. Joint replacements can drastically improve a person's quality of life, relieve pain and increase his or her mobility. Unfortunately, when they are poorly manufactured, they can cause pain and injury.

The Food and Drug Administration website discusses various types of medical implants and the dangers inherent in them. Aside from the risk of any surgery, there is also the potential for infection and negative reactions to the materials in the implants. Moreover, surgical implants can break, move or stop working as they should. The FDA notes that it's essential to get as much information as possible on the implant itself and on your orthopedic surgeon's experience with it before you have the surgery.

Florida wrongful death suit complicated by insurance company

A wrongful death case in Hillsborough County, Florida, is being complicated by an insurance company's refusal to allow settlement talks between representatives of the victim's estate and the county. The Miami attorney for the victim's estate says, "I've never seen anything so blatantly wrong in my 34 years of practice."

The wrongful death suit stems from an accident in Feb. 2010. A 39-year-old nurse at Brandon Regional Hospital was driving home when she crashed into a semi-trailer truck belonging to the Hillsborough Solid Waste Management Department that was stopped on Veterans Expressway. The driver told law enforcement that his engine had died and he was unable to pull off the road. He said the emergency blinkers would not work, but he placed warning cones behind the truck.

Why Nursing Homes Should Always Have A Nurse On Staff

On July 31, Illinois Representative Jan Schakowsky introduced the Put A Registered Nurse inthe Nursing Home Act after discovering that federal law only requires a registered nurse on-site only 8 hours a day, regardless of the size of the facility.

The act, also known as House Vote 5373, would require that a direct-care reigstered nurse be present 24 hours a day, seven days a week in all the nearly 16,000 nursing homes that receive Medicare or Medicaid reimbursement. 

Why is this so imporant? 

Studies have frequently pointed out the importance of registered nursing. Nursing homes with around the clock nurses have patients with fewer bed sores, urinary tract infections, patients stay out of hospitals longer and their homes get fewer serious deficiencies from state inspectors.

Currently, only 13 states require 24-hour registered nurse coverage, but their statutes vary. California makes that requirement only for nursing homes with more than 100 beds, and New Jersey only for those with more than 150 beds.

The American Association of Nurse Assessment Coordination researched and found that 1,777 nursing homes did not have nurses around the clock. 

How do you know if cerebral palsy was caused by a birth injury?

Cerebral palsy is one of the most common types of birth injury. However, it is not always caused by a complication during delivery. Sometimes it is caused by a brain injury before the baby is born or even by a head injury in infancy.

People with CP have a wide range and severity of symptoms. It is not one specific disorder, but a generic term for a variety of disorders that impact brain function.

What You Need To Know About Forced Placed Insurance

Did you receive a notice from your home mortgage lender that your homeowners insurance had lapsed, even if it hadn't? Did your mortgage company secure replacement insurance (forced placed insurance) at your expense? If so, we can help.

At the law firm of Freidin, Dobrinsky, Brown & Rosenblum, P.A., we confidently stand up for the rights of mortgage borrowers who find themselves charged for homeowners insurance that they did not secure. Mortgage companies are not allowed to push this replacement coverage on borrowers and as such, you may have grounds upon which to take action against them. The lawyers at our firm have been handling these and other types of consumer fraud and class action cases in Florida and throughout the country for more than 40 years.

Forced Placed Insurance Defense

Mortgage companies that have been accused of illegally securing homeowners insurance for borrowers and passing the cost onto the borrower include:

· Ally Financial

· PHH Mortgage

· MetLife Home Mortgage

· BB&T Mortgage

· Fifth Third Bank

· Walter Investment Management

In recent years, some home mortgage lenders have taken liberties in establishing forced placed insurance on homeowners. This means that the lender has secured homeowners insurance through a third-party insurer at the homeowner's expense when the homeowner's previous insurance lapsed. However, some lenders are doing this even when a homeowner's insurance has not lapsed. Forced placed insurance results in exorbitant fees and additional debt for homeowners.

Florida appeals court uphold medical malpractice verdict

Florida's Third District Court of Appeal has upheld the decision of a jury to award $12.6 million for a tragic turn of events back in 1998 at the University of Miami medical school. It involved their then-2-year-old daughter.

According to a Jan. 13, 2012 article in the Sun-Sentinel after the award was announced, the Miramar, Florida, girl's spleen and some other organs were removed when she was first born because of intestinal problems. When her mother took her for a check-up in the fall of 1998, a medical assistant gave the girl a vaccination that was intended to help protect her against infections, which she was susceptible to because she had no spleen.

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