South Florida Personal Injury Lawyers Blog

Pre-Suit Requirements for Florida Medical Malpractice Lawsuits

Published on: February 8, 2022 | by Friedman Rodman Frank & Estrada, P.A.

The Third District Court of Appeal in Florida recently issued an opinion in a defendant’s motion to dismiss a complaint. The plaintiff in the matter filed a lawsuit for injuries he suffered when a surgical table collapsed underneath him while he was preparing to undergo eye surgery. The victim argued that the facility breached a duty of care by warning him about the table. In addition, he contended that the facility failed to maintain and use the table properly. The defendants moved to dismiss the complaint contending that the complaint did not meet Florida’s medical malpractice statute. The trial court found that the plaintiff adequately filed the complaint under the state’s ordinary negligence statute.

Under Chapter 766, the pre-suit requirements apply to claims arising out of the medical care or services in Florida. However, Fla. Stat. 766.106(1)(a) further explains that “merely because a wrongful act occurs in a medical setting” does not automatically mean that it falls under the state’s medical malpractice statute. Instead, the wrongful act or omission must directly relate to professional judgment or skills or the improper application of medical services. Under Florida law, there is a two-step inquiry to determine whether a claim stems from medical malpractice first, whether the wrongful act arose out of medical diagnosis, treatment or care, and second whether a healthcare provider rendered the treatment.

In this case, the plaintiff alleges ordinary negligence; however, the court must decide whether the complaint sounds in ordinary negligence or medical negligence. Here, the plaintiff’s allegations relate to the collapsing table and not to anything related to medical judgment or skills. The appeals court found that the mere fact that the table was used for a medical procedure does not amount to a medical malpractice claim. In support of their position, the Court cited similar cases which involved medical settings. For example, a Florida court held that a case involving a nursing caretaker’s restraining hold on an unruly patient did not require medical skill and thus did not fall under medical malpractice. Further, a previous decision explained that a medical provider’s decision to leave a critical care patient unsupervised, causing him to fall out of a bed, did not fall under medical malpractice. As such, the court denied the defendant’s petition to dismiss and affirmed the case in favor of the plaintiff.

Florida Auto Accidents with Police Vehicles

Published on: January 31, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Generally, Florida personal injury lawsuits follow a clear pattern; however, cases involving governmental entities present additional challenges and burdens. Pursuing lawsuits and collecting damages after an accident with a governmental entity or vehicle requires a comprehensive understanding of complex negligence laws. Unlike other states, but for three primary exceptions, Florida permits individuals to pursue negligence actions against governmental entities.

A government employee may be held liable for damages or injuries under certain circumstances in Florida. These situations typically involve cases where the injury stems from a negligent act, omission, or wrongful act of the government employee, there are compensable damages, and the law would hold the responsible party negligent even if they were not a government worker.

Those who have suffered injuries in an accident with a Florida government vehicle should seek legal representation as soon as possible. While the law permits accident lawsuits against Florida police officers, these cases are very fact-specific. For instance, a recent Florida appeals court issued an opinion involving a lawsuit against a police vehicle. In that case, an off-duty police officer rear-ended another vehicle. The vehicle owners filed a complaint against the City of Miami (City) for their damages and losses. However, the City argued that they were entitled to sovereign immunity because the office was off-duty at the time of the incident. The trial court found in favor of the City.

Fatal Florida Accidents Involving T-Bone Collisions

Published on: January 31, 2022 | by Friedman Rodman Frank & Estrada, P.A.

T-Bone or side collisions refer to situations where the front of one vehicle collides into the side of another vehicle. Florida broadside accidents tend to happen at intersections, parking lots, or in situations where one driver fails to stop at a red light or stop sign. These accidents are more likely to result in tin severe injuries or fatalities. Scientific literature from the Association for the Advancement of Automotive Medicine categorized the severity of injuries from these types of accidents.

An analysis of the crash data indicated that about 49% of victims suffered injuries to the chest/abdomen, 24% experienced pelvic/lower extremity injuries, and 4% to their neck/spine. In addition, the largest source of injuries involved arterial damage followed by brain and heart injuries. Generally, four factors influence the severity of injuries in a Florida t-bone accident. These factors include; accident type, occupant exposure, impact area, and crash direction; interestingly, seat belt use was not a primary factor. However, the literature suggests that seat-belt use was critical in reducing ejection and rebound injuries.

Almost all data suggests that the most dangerous type of t-bone accident involves vehicle-to-vehicle collisions. For instance, news reports recently described a tragic accident involving a family vacationing in Florida over New Year. A driver t-boned the family’s vehicle as they pulled into a fast-food restaurant. According to witnesses and a police report, the family’s car rotated across the roadway, onto a sidewalk, and slammed into a light pole. Emergency responders transported the family to a local hospital; however, the mother and son succumbed to their injuries. The case is still under investigation, and it is unclear whether the driver will face charges.

Florida Lane-Change Accidents Involving Large Trucks

Published on: January 25, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Florida lane change accidents refer to instances when a driver leaves their travel lane without a clear path to enter another lane. According to research by the International Association of Traffic and Safety Sciences and AAA Foundation, many factors contribute to lane change accidents. The most severe lane change accidents typically involve large trucks with a vehicle weight rating exceeding 10,000 pounds. A recent study indicated that large trucks drove approximately 280 billion miles on U.S roads in the last reporting year and were involved in over 400,000 collisions. These crashes resulted in 116,000 injuries and over 4,000 fatalities. Individuals who have suffered injuries in a Florida accident should contact an attorney to discuss their rights and remedies.

Studies investigated how contributing factors affect the likelihood of a lane-change accident. Driver errors such as speeding, tailgating, impairment, and mobile device usage account for over 90% of traffic accidents. Until recently, researchers have not given the same amount of attention to studying how unsafe lane changes impact the likelihood of an accident. Lane-change crashes represent about 4% of all collisions, and they tend to occur during the daytime on roads with a wide range of speed limits. Some studies have shown that the frequency of looking towards mirrors varies between young and older drivers. Younger drivers tend to rotate their heads wider when observing their blind spots. Further, older drivers tend to inspect their rear-view mirrors less frequently. In addition, the vehicle making the lane change also impacts the severity of an accident.

Naturally, a vehicle’s size will impact the severity of an accident. In response to the growing concern surrounding Florida truck lane change accidents, safety advocates urge trucking companies to install lane departure warning systems. Large trucks cause many accidents every year, and these video-based systems may prevent nearly 300 deaths every year.

Fatal Florida Accidents Involving T-Bone Collisions

Published on: January 25, 2022 | by Friedman Rodman Frank & Estrada, P.A.

T-Bone or broadside collisions refer to situations where the front of one vehicle collides into the side of another vehicle. Florida broadside accidents tend to happen at intersections, parking lots, or in situations where one driver fails to stop at a red light or stop sign. These accidents are more likely to result in tin severe injuries or fatalities. Scientific literature from the Association for the Advancement of Automotive Medicine categorized the severity of injuries from these types of accidents.

An analysis of the crash data indicated that about 49% of victims suffered injuries to the chest/abdomen, 24% experienced pelvic/lower extremity injuries, and 4% to their neck/spine. In addition, the largest source of injuries involved arterial damage followed by brain and heart injuries. Generally, four factors influence the severity of injuries in a Florida t-bone accident. These factors include; accident type, occupant exposure, impact area, and crash direction; interestingly, seat belt use was not a primary factor. However, the literature suggests that seat-belt use was critical in reducing ejection and rebound injuries.

Almost all data suggests that the most dangerous type of T-bone accident involves vehicle-to-vehicle collisions. For instance, news reports recently described a tragic accident involving a family vacationing in Florida over New Year. A driver t-boned the family’s vehicle as they pulled into a fast-food restaurant. According to witnesses and a police report, the family’s car rotated across the roadway, onto a sidewalk, and slammed into a light pole. Emergency responders transported the family to a local hospital; however, the mother and son succumbed to their injuries. The case is still under investigation, and it is unclear whether the driver will face charges.

Recent Lithium-ion Battery Fire Could Affect Florida Residents

Published on: January 18, 2022 | by Friedman Rodman Frank & Estrada, P.A.

With mild, warm weather year-round, Florida residents are no stranger to commuting by electric bike or scooter to enjoy the sunshine without compromising mobility and efficiency. Many of these electric bikes or scooters, however, are operated by complex technology and lithium-ion batteries, which can come with risks of the bike or its parts being defective and potentially dangerous. When a piece of machinery like an electric scooter or bike causes injury because it has defective components by design or manufacturing error, those who are responsible must be held accountable for any resulting damage or injury.

According to a recent news report, a lithium-ion battery from an electric bike or scooter self-combusted in an apartment building, which caused a four-alarm fire. Local authorities responded to the fire in the middle of the night, where it was only extinguished three hours later with one firefighter sustaining minor injuries in the process. After an initial investigation, fire marshals determined that the fire was caused by a battery that burst into flames in a restaurant on the ground floor of the building. The fire then spread vertically through the building, reaching as far up as to damage apartments located on the top floor. The fire remains under investigation.

Although it is unclear what the make and model of the electric bike or scooter was, there has been a steady increase in fires caused by electric bikes recently. In New York, more than 100 fires were caused by these devices, which resulted in 79 injuries and four deaths in 2021 alone.

Recovering Damages after Falling in Florida Restaurant Parking Lot

Published on: January 18, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Recently, an appeals court issued an opinion stemming from a woman’s injuries after falling in a Florida restaurant parking lot. According to the record, the woman and her then-boyfriend were meeting another couple at another restaurant in Naples. The man dropped the woman off in front of the restaurant while looking for parking. As the woman was looking toward the restaurants in the area, she tripped and fell to the ground. The victim could not specify what caused her fall, but it occurred around the pavers in front of the restaurant.

The woman filed lawsuits against the City and restaurant, adding that the restaurant negligently or incorrectly stalled the pavers, making them dangerous. The restaurant moved for summary judgment, asserting several defenses. The lower court ruled in favor of the restaurant’s motion to dismiss, and the woman appealed. On appeal, she argued that the restaurant failed to establish that they did not maintain a duty to the woman. In response, the restaurant claimed that it did not have a duty to maintain the public sidewalk and that it was the City’s responsibility.

In Florida premises liability cases, the inquiry into a defendant’s duty of care is not dependent upon ownership, instead of whether the party has control over the premises. The law requires those who have control over premises to keep the premises safe and in repair. Further, in cases where two entities share control of premises, the law imposes the duty of care upon both of them.

Florida Appellate Court Reverses Premises Liability Verdict over Improper Jury Instruction

Published on: January 10, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Most Florida negligence lawsuits that proceed to a trial are ultimately decided by a jury. Juries are made up of randomly selected members of the public, who are not expected to have any specific knowledge of tort law. Courts use jury instructions, which are given to the jurors before deliberation, to explain the law to the jurors, and ensure that a verdict is supported by the law. Jury instructions are determined after each side proposes and argues to the court the exact wording for instructions that will allow the jury to reach a legitimate verdict. If an instruction is given to the jury that does not accurately explain the law surrounding the issue at hand, a verdict could be overruled on appeal. A Florida appellate court recently addressed an appeal filed by a defendant in a slip and fall case, which argued that the jury was improperly instructed before reaching the verdict.

The plaintiff in the recently decided case is a woman who was injured after she slipped on an oily substance while shopping at the defendant’s supermarket. Based on her injuries, the plaintiff filed suit against the defendant in state court, alleging that the defendant had negligently maintained the premise of their business, and the plaintiff was injured as a result of that negligence. The plaintiff’s case went to trial, after which the jury was given instructions explaining the basis for a premises liability claim against a Florida business.

One instruction, proposed by the plaintiff, stated that the defendant should be liable for the plaintiff’s injuries if evidence demonstrated that the defendant negligently failed to maintain the premises in a reasonably safe condition, or negligently failed to correct a dangerous condition about which the defendant either knew or should have known, by the use of reasonable care, or negligently failed to warn the plaintiff of the dangerous condition about which the defendant had, or should have had, knowledge greater than that of the plaintiff.

Florida Multi-Vehicle Collision Kills 8-Year-Old, Seriously Injures Several Others

Published on: January 10, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Florida car accidents that occur on interstates and other high-speed roads are especially dangerous, as many drivers fail to realize how speed factors into the likelihood for an accident to occur, as well as the severity of accidents that do occur. Deadly accidents are tragically common on Florida roads, and many could be prevented if all drivers exercise due care when on the road. A recently published local news report discusses an accident that occurred early on New Year’s Eve, which took the life of a young girl and seriously injured several others.

According to the report, the child and her family were traveling in an SUV on Interstate 75 in southwest Florida when their vehicle was struck from behind by another vehicle that was following them closely. After the initial collision, the SUV was crushed into a fuel tanker that was stopped in front of it, resulting in several injuries and the death of the young girl. The news report does not mention if any criminal charges will be filed against anyone involved in the crash, however, the at-fault parties may be criminally and civilly liable for the damages resulting from the crash.

High-speed travel of interstates and highways can be especially dangerous. Two of the most common dangerous and illegal driving behaviors that contribute to highway accidents are traveling with excessive speed and following too closely. Many drivers underestimate the time that it takes to come to a stop when driving at speeds in excess of 60 miles per hour. Factoring in possible distractions as well as reaction time, drivers should leave enough distance between themselves and the next car to allow them to safely stop. Generally, it is reasonable and safe for drivers to leave at least two seconds worth of road between themselves and the next vehicle.

Florida Hit and Run Driver Faces Criminal Charges Following Fatal Accident

Published on: December 31, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a hit and run accident claimed the lives of two children and injured four others. In the wake of the accident, investigators scoured the scene for evidence. Ultimately, their investigation led them to a man whom they believed was driving at the time of the accident. During an interview, the man confessed to driving the car that was involved in the fatal accident.

Since then, prosecutors announced that the man will face serious felony charges related to the accident. According to a recent news report, the man’s first court appearance was last week, when he temporarily left the courtroom, “objecting” to the proceedings against him. While the outcome of the trial remains to be seen, the family members of the deceased accident victims—as well as those injured in the accident—may choose to pursue a civil personal injury claim against the driver.

After a serious accident involving potentially criminal activity, the person alleged to be at fault may very well face criminal charges. A criminal case is intended to hold the allegedly at-fault driver for violating the law—not necessarily for the harm caused to the victims. Along those lines, if the driver is subsequently found guilty, they can face various punishments, including fines, probation and jail time.