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- Auto, Truck & Motor Vehicle Accidents
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- Wrongful Death
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Blog 
Personal Injury
- When a Baby Suffers a Brachial Plexus Injury
- Is it Possible to Prevent Wrong Site Surgery?
- LRMC ER visits way up over last year
- Florida City Leads Nation in Slip and Fall Deaths
- KNOW YOUR RIGHTS AT THE HOSPITAL
Claims Involving Children
Personal Injury Blog
Read our comments about the latest personal injury news and topics. On this page of our website, we post blogs about a variety of subjects, such as car accident cases, nursing home abuse, insurance disputes, sinkhole claims, hurricane claims, commercial litigation and wrongful death. Our Central Florida accident attorneys represent cases in Orlando, Tampa, Lakeland, Bartow, Sebring, Lake Wales, Haines City, Wauchula and throughout Florida.Personal Injury
When a Baby Suffers a Brachial Plexus Injury
One of the most frightening things as a new parent is to discover that your infant has suffered a serious birth injury. Some babies have been known to sustain brachial plexus injuries, also referred to as brachial palsy, Erb’s palsy and Klumpke’s palsy.Brachial palsy occurs during birth, when the head is delivered, but there is difficulty delivering the shoulders. The infant can be injured if his or her head and neck are pulled to one side as the shoulders are delivered. The majority of children born with brachial plexus injuries will recover in six months, but there are some cases that will require surgery or physical therapy.
The first question you need to ask as a parent of an injured child is – what caused the birth injury? You may be unsure at this point, which is why you should contact an Orlando medical malpractice lawyer for advice. Sometimes birth injuries are caused by medical negligence, such as a situation where forceps were misused, there was a delayed C-section or the medical staff failed to provide the adequate care and monitoring.
For more information, contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 and read the article, What Parents Need to Know About Brachial Palsy.
Is it Possible to Prevent Wrong Site Surgery?
Although wrong site surgery is rare, when it does happen the consequences are often severe. Wrong site surgery is the term used to describe a procedure done on the wrong organ or limb, the wrong vertebral level or the wrong person.
A study was conducted a couple of years ago, which determined a wrong site surgery rate of 1 in 112,994 cases. According to researchers, cases involving retained objects are more common than cases involving wrong site surgery. There was a disclaimer made by the authors of the study, stating that the rate of wrong site surgeries could be higher because only the cases that prompted malpractice claims with insurers were identified.
Wrong site surgery can occur with any type of procedure, including hand surgeries. A survey of hand surgeons showed that 21 percent of hand surgeons admitted that they performed a wrong-site surgery at least once during their career. Wrong-finger surgery made up 63 percent of the reported 242 wrong site surgery incidents.
As a patient, you may be wondering what you can do to help prevent wrong site surgery from happening to you. Luckily there are measures you can take to reduce your risk. The American College of Surgeons produced several tips to help patients ensure the correct operation is performed. The first recommendation this organization had for patients was to communicate with their doctors and medical staff. Ask a lot of questions, confirming the name of the procedure, the body part, alternatives to the operation, risks of the procedure and estimated recovery time. You might also want to inquire about who is in charge of the surgical team and if the correct part of the body will be marked before the surgery begins.
You do have legal rights if you have been the victim of wrong-site surgery and can purse compensation for your injuries. Contact an experienced Florida medical malpractice lawyer at the Law Offices of Lilly, O’Toole & Brown at (863) 683-1111 for advice regarding your case.
The article, Wrong-Site Surgery – An AHRQ Supported Study, has more information on this topic.
Bill Would Permit Counties to Ban Dangerous Dogs
Pit bulls account for more than 1/3 of all dog bite incidents in Broward and Palm Beach Counties and the Florida House of Representatives plans on doing something about it. A state law prevents counties from imposing a ban on a particular dog breed, but the Florida House is working on a bill that would allow each county to decide whether a particular breed of dog is more likely to bite someone and impose a ban. Currently only Dade County has a ban in place, which was grandfathered before the state law came into effect. No statistics were available for individual dog breeds in Polk, Highlands or Hardee County.
Lilly, O’Toole & Brown represents people who are injured by a dog bite no matter what the breed. It is a dog owner’s responsibility to make sure their animal is properly restrained. When the dog owner neglects the supervision of their dog others may suffer. Lilly, O’Toole & Brown works to help those injured by a dog bite make sure that medical bills and other expenses caused by the dog are taken care of by the responsible party.Senate Backs Down -- For Now -- On Deal Giving CSX Immunity for Its Own Negligence
The Florida Senate has put the CSX railroad deal on hold for the time being. Faced with mounting pressure the main backers in the Florida Senate appear to be backing down and waiting for a more ideal time to strike. While opposition has been mounting it appears that the intervention of Florida Chief Financial Officer Alex Sink has helped to “sink” the deal for the time being. Sink’s background is finance and she provided the dollars and “sense” to show why this is a bad deal for Floridians. The Legislature is ready to set aside somewhere between $200 million and $250 million of taxpayer money to help take care of any injuries incurred on the railways and CSX has to put up nada. Even if CSX is responsible for the injury, they receive complete immunity. With the action by the Florida Senate to strike all amendments, including the liability immunity, the issue does not appear ready to pass the Senate with only two days remaining. Should be interesting to see what gets cooked up next year or in any special session called by Governor Crist.CSX Won't Let Dangerous, Unfair Waiver Issue Die
Hold the phone – CSX issue not done yet! Thursday, May 01, 2008 the Florida Senate AGAIN brought the issue of the CSX liability amendment to the floor and AGAIN it was tabled but may be brought up again later today or tomorrow, the last day of the legislative session. What started as a secret, behind doors and out of the sunshine deal between CSX and the Florida Department of Transportation is finally seeing the light of day. And some senators don’t think it looks to pretty. This issue will not be truly dead and buried until the Legislature ends it regular session Friday, probably sometime around midnight!It's not too late to do something about it. Contact your legislator, contact your friends, and blog, blog, blog!
CSX Waiver Legislation Derailed
The CSX deal with the state appears to finally have died for this legislative session, due to CSX refusing to back down from immunity liability. Until that issue came to light in January the Florida Legislature appeared to be moving quickly towards a deal while being very quiet about who would pay for injuries caused by CSX employees or trains.When it became common knowledge that CSX was working behind closed doors to try and eliminate any exposure for their own negligence the grassroots opposition started to show up.
The Florida Justice Association stepped in and took an active role in combating this piece of legislation, as did Senator Paula Dockery who worked very hard to bring all the details of this deal into the sunshine. It seems pretty clear that when you start working a deal and don’t want anyone to know what is going on, somebody is not going to like what you are doing. They may not likely because of the deal or they might not like it because of the way the deal is made, but either way when dealing with tax dollars it is better to make sure the voters are kept in the loop. Otherwise things like this CSX deal may come up and then die out in the last days of the legislative session.
Watercraft Safety Courses A Great Idea As Summer Approaches
In 2007 there were 77 deaths in Florida involving boating accidents and 85 percent of those involved people with no formal safety education in the operation of boats or other watercraft. The Florida House of Representatives, through the House Committee on Conservation & State Lands was confronted with these statistics on February 6 but decided to leave existing regulations alone.Just like in a car crash, usually the person who is at fault failed to do something that could have prevented a tragedy. If people would learn the necessary safety precautions while boating, just like driving a car, fewer people would be injured or killed. I would urge anyone in who is planning on being out on the lakes or at the beach this summer to receive some formal training and help prevent unnecessary injuries while on the water. Do you even need to say don’t drink and boat?
CSX Bid for Liability Immunity Not Dead Yet
Although defeated in the Florida Legislature over a request to have Florida taxpayers pay for any injuries caused by CSX , the giant train company has not given up yet. In another example of back room politics it is being learned that CSX negotiated with the Florida Department of Transportation for passage of the legislation until June 30, 1999.CSX has already begun planning for the intermodal rail facility in Winter Haven and should start construction soon. Once they begin they will have a strong bargaining tool with state legislators next year to give CSX the immunity it is craving. CSX has had record breaking profits recently and wants to continue that trend by forcing Florida taxpayer to pony up the cash when CSX causes injury to somebody. Defeated this year, rest assured they are already looking to next year.
FDOT Aware That CSX Deal Had $600 Million Discrepancy
Unknown until recently, Florida Department of Transportation officials were aware that the numbers being discussed in Tallahassee for the CSX boondoggle were off by about 600 million dollars.This, in addition to one of the most profitable companies in 2007 trying to get taxpayers to be on the hook for CSX negligence makes me very happy this deal did not go through. But just wait til next year or in special session. CSX is not going to give up that easily.
Food for Thought as Pool Season Opens
Memorial Day has passed and we're all starting to get into summer mode. As we open our pools and head to the beach, here's a couple things to keep in mind:
Check out our new article on waterborne illnesses in your public or private swimming pool.
We also thought you should be aware of a lawsuit pending up on Wisconsin. A woman who dove into an above ground swimming pool has filed suit against a friend and his parents for not telling her that she shouldn't dive into the pool. She claims that her hosts were negligent by:
- Failing to have proper lighting at night
- Failing to have proper warnings about the pool's depth
- Failing to provide adequate supervision
- Allowing their son to dive into the pool and set the example for others
- Failing to warn her not to dive into the pool
The plaintiff is seeking $100,000. We'll keep you posted on developments in this case.
Finally, here are some summer water safety tips from the Red Cross.
Simple Measures Can Prevent Pool Tragedies
With summer fast approaching drowning stories are going to become more and more prevalent.The Lakeland Ledger reported a 5 year old Lake Alfred girl drowned in her family pool while her family was nearby. A tragic accident that is difficult to avoid but the attempt should still be made. Florida law requires that pool areas be protected from people for the obvious reason that people like to go swimming.
Younger people do not understand how a tragedy can occur in a pool so quickly, so preventing access by these younger people without supervision is a must. Always watch your children (and any other children) while they swim. It only take a minute for tragedy to occur. Make sure that barriers are placed, such as screens and fences which limit access. Learning CPR and basic water safety can help as well, but nothing is as good as keeping your eyes on the kids.
Paula Dockery's Letter Exposes Unfairness of CSX Deal
Paula Dockery, Florida state senator has provided in an open letter her reasons for voting against the CSX rail deal and provided some very sound alternatives. Below is the letter she wrote explaining why the deal was bad for Floridians and what she is doing to provide a better commuter rail opportunity for central Florida, without all the closed door deals and liability immunity requested by CSX.CSX-FDOT Deal Unfair to Citizens
By PAULA DOCKERY
Published: Saturday, May 31, 2008 at 8:20 a.m.
Last Modified: Saturday, May 31, 2008 at 8:21 a.m.
Much has been written about the CSX-Florida Department of Transportation commuter-rail-and-freight-enhancement deal. Please allow me the opportunity to express my view.
I am in favor of commuter rail for the state of Florida and will do my best to bring it about.
However, the secret deal (FDOT management required employees and consultants to sign 70 confidentiality agreements) between FDOT and CSX is not the answer to our transportation problems. What we have here is less of a commuter rail project and more of a corporate welfare giveaway designed to benefit a for-profit, multi-billion dollar company at the expense of Florida taxpayers.
My staunch opposition to the CSX-FDOT deal is about much more than just Lakeland or the constituents throughout my district. It is about what's in the best interest of all the citizens of Florida, the transparency of government and corporate responsibility.
An objective review of my record will show that I am a strong proponent of commuter rail and would love to see a plan for an integrated statewide system of commuter and passenger rail. I have been a vocal supporter of mass transit for the 12 years that I have been in the Legislature. The skyrocketing cost of gasoline, coupled with the frustrating congestion along the Interstate 4 corridor, has made commuters' patience grow thin, and understandably so. The people of Florida deserve an alternative to the crowded roads.
FDOT has entered into an agreement to purchase 61.5 miles of railway in the Orlando area from CSX for a total cost exceeding $1.2 billion, with $150 million of that as the purchase price and $440 million to double-track portions of the 61.5 miles along the CSX A-line, which is already in need of improvements.
The balance would have been appropriated for various capacity improvements to benefit CSX's flourishing freight business throughout the state. Additionally, CSX would still be permitted to run their freight trains on the track that the state would own, and pay only between $2.5 million and $10 million a year to use it, depending upon the number of freight cars it runs daily. CSX would no longer have the responsibility of keeping up the tracks and may even be given the contract by the state (and more taxpayer dollars) to maintain it.
Why not just have CSX retain ownership and let us pay the company the $2.5 million to $10 million to run commuter rail on its tracks?
CURIOUS
Aside from the proposal being shrouded in secrecy, FDOT and CSX played games with the legislation. The bill was never heard in the appropriate senate committees to which it was referred. It was withdrawn from further consideration so the senators on the Transportation and Judiciary Committees were unable to ask questions and hear public testimony. It was then added as an amendment in the Transportation Appropriations Committee and never heard by 35 out of the 40 senators, and never debated on the floor or brought up for a vote.
If this was to be such a great deal and marvelous opportunity for the state, why wasn't it brokered in the sunshine in full view of the public? Why weren't more senators made aware of everything it entailed?
Furthermore, FDOT did not produce a ridership study to gauge actual commuter interest in using the rail. If we are asking taxpayers to spend more than $1 billion and shift endless freight trains into neighboring communities, shouldn't we make sure that people would actually utilize it in the first place?
PECULIAR
CSX has been unwilling to budge on the issue of indemnity, the most potentially devastating price to the Florida taxpayer. CSX demands that Florida taxpayers pay the damages in accidents even when CSX is at fault. Even if a jury awards punitive damages intended to punish CSX for grossly negligent behavior, CSX wouldn't have to pay — Florida taxpayers would.
This means that CSX — with more than 3,500 safety violations in 2007 and eight deaths reported thus far in 2008, all the while achieving revenues of more than $2.7 billion in just the first four months of this year — would be absolved from being held accountable for its own negligence. CSX wants us to indemnify it for their liability even if it is negligent.
Can we really afford to cross our fingers and hope that somehow CSX, with all its violations and accidents, will improve its safety record if it is not held responsible for its actions? That is a gamble with our lives and our money that I am unwilling to take.
We need answers before we spend more than $1 billion of taxpayer money on this project. Most importantly, the public deserves transparency in how their money is being spent.
AN ALTERNATIVE
In an effort to provide passenger intercity rail, state Rep. Dennis Ross, R-Lakeland, and I are working with Amtrak to develop a rail plan for the entire state, beginning with the I-4 corridor. By federal law, Amtrak has priority use of the CSX and Florida East Coast Rail tracks, and can provide intercity rail service. Why are proponents of this deal so set on buying 61.5 miles of track that we can already use by contracting with Amtrak to provide the same service, but one that will cover the entire I-4 corridor?
And as an added bonus, Amtrak carries its own liability insurance so the indemnification and sovereign immunity issue goes away. Why, then, was this not offered to the public as a less expensive and more expansive option? Amtrak does this successfully in 14 other states.
Now that the legislative session is over, we have the time needed to re-evaluate and renegotiate the existing commuter-rail deal that is still very much alive and being held back by CSX and CSX alone by its insistence on shielding itself from liability
any of its negligent acts that may result in injuring or killing users of the commuter-rail system.
It was a bipartisan group of senators that formed the supermajority of the Florida Senate that helped to prohibit the dumping of costs for CSX negligence onto the backs of Florida citizens. The Legislature did not kill commuter rail for Central Florida. It can become a reality for the state of Florida if and when CSX decides to compromise or legislators consider other options.
I want what is best for all Floridians. I want taxpayer money to be spent on worthwhile projects. I want a Fortune 500 Company to be held responsible for its own negligent acts. I want all passenger rail options to be considered and evaluated. I want a commuter-rail system to be beneficial, fair and worth the investment.
Let's just re-examine exactly what it is we would be buying into before we so anxiously hop aboard this train, and not let CSX take us for a ride.
[ Paula Dockery, R-Lakeland, is state senator for District 15. ]
WHEN RENTING APARTMENTS BE CAREFUL OF CRIME
A recent case brought to light an alarming fact. When a person rents an apartment they might not be told about crime occurring in the apartment complex.
In that recent case, it was found that an apartment complex was telling prospective renters that crime was not a problem, no crimes had occurred as far as they knew, and that the area was patrolled by security. Apparently, none of this was true, and the apartment complex was sued after a renter became a victim of a crime in the complex.
When statements like the above are made by the apartment complex and they are not true, then the complex makes themselves subject to claims for negligence and misrepresentation as well as punitive damages. Rather than make things up to rent apartments, why not just deal with the problem and let prospective tenants know how the problem is being solved?
DOG BITES BOY IN DAVENPORT, BOY AIRLIFTED
In a tragic afternoon incident six year old Joshua Willis was bitten by a pit bull dog and airlifted to Arnold Palmer Hospital to for surgery.
The boy was playing in his back yard when he hit the dog on the head. The dog responded by biting the boy. Apparently, the dog was on a leash at the time but this did not prevent the attack from occurring. While there is no reason a six year old should be hitting the dog, the owner needs to make sure they have total control over the animal at all times to prevent a tragic accident.
The boy may not have known any better and the dog was simply reacting instinctively. After all, the dog cannot hit back, it can only bite when it perceives a threat. Lilly, O’Toole and Brown handles dog bite cases in a variety of cities and involving a variety of people and dog types. The one thing that most have in common is a tragedy that could have been prevented.
RAILROADS START TAKING SAFETY SERIOUSLY IN POLK COUNTY
Lakeland is getting its first ever quad gates at two railroad crossings, possibly a reaction to two fatal crashes involving trains in 2007.
In June 2007 and July 2007 two crashes happened at railroad crossings, one at Wabash Avenue and one at Airport Road. A total of five people were tragically killed at those two collisions. When a train and a car have a collision, the train will win every time.
The installation of these quad gates will prevent people from going around the gates that traditionally come down and hopefully lead to fewer incidents in the future. As a precaution any time a motorist sees the flashing lights do not cross the line. Stay well back because that train is coming fast and will not be able to stop if your car happens to sputter out right on the tracks.
Slip and Fall -- Check Your Shoes!
As a personal injury law firm Lilly, O’Toole & Brown see a lot of different type of cases. One of the most common we see is “slip and fall”. This refers to a situation where a person is injured when they slip on something on the floor and are injured as a result.
One of the first things a potentially at fault party (usually the property owner) will do is claim the person who was injured was wearing improper shoes. Either the shoes were worn out or were not designed to be worn in a public place (house slippers) or something like that.
Lilly, O’Toole & Brown has usually found this to be a very weak defense, but want to caution potential claimants about its use. If injured as a result of a slip and fall it is important to keep those shoes to show there was nothing wrong with them. More likely the culprit is a spill of some type, but don’t leave yourself open to a possible “bad shoe” defense.
Lakewood Terrace Apartments May Be Shut Down
The Ledger reported that the government is considering shuttering Lakewood Terrace Apartments in Lakeland, one of a very few public housing facilities in Lakeland.The apartments have been cited for a number of critical health and safety violations for more than a year and residents struggle with clogged plumbing, exposed wiring and crime issues, as well as a host of other health issues.
Safety can be a big issue and Lilly, O’Toole & Brown is familiar with premises safety and liability issues. Owners of property owe a duty to anyone invited onto the premises, including people who pay rent to live there.
The owner’s duty can include making sure the property is safe, especially if there have been problems with security in the past. Commonly referred to as “negligent security” issues, this most commonly happens when a series of robberies occur at an apartment complex and the owners choose to ignore the problem or even worse neglect to tell prospective tenants about the problem.
When this occurs the property owner can be liable for injuries that occur as a result. If this happens to you, contact Lilly, O’Toole & Brown to discuss your rights.
CSX Still Looking for Deal That Limits Its Liability
Apparently the CSX sweetheart deal will just not go away. The City of Lakeland is against the deal because of the number of trains that would dissect the downtown every day. Winter Haven and east Polk County are for it, because of the promised jobs and income for the area.John Q. Public may be for it or against it, once the facts come out.
As it stands now there is no CSX deal, but CSX is apparently continuing to work behind the scenes to bring it to the next legislative session. The big hold up in the past has been the desire for CSX to have liability immunity.
In essence, CSX wants the assurance that even if they act negligently and cause injury to a person they will not have to pay for it. The most recent time this went before the legislature the idea was to have the state government pick up the tab.
This could limit a person’s recovery under sovereign immunity laws to $100,000. If a person is hit by a train and lives, the medical expenses alone could exceed $100,000. What about lost wages, loss of life’s pleasures? Do you think CSX will step in and help out when they have their immunity?
Florida City Leads Nation in Slip and Fall Deaths
In a study just released from the National Safety Council and Forbes West Palm Beach was determined to have the highest rate of slip and fall deaths in the entire country. In fact, according to the study Florida leads the nation in accidental deaths of all kinds, from poisoning, automobile crashes, accidental medical overdose and slip and fall deaths. Some states have cities with a higher per capita number, but no state beats Florida when accidental death is considered. Specifically as it relates to slip and fall injuries, most often this is due to flooring imbalance or some type of liquid on the floor itself. While the old adage "look where you are walking" certainly holds true, a person has a right to expect that when they go to a place of business the premises will be reasonably safe. And when at a business, take a look around. Businesses don't want you to watch where you are walking, they want you to look at the shelves, the displays and the merchandise. In exchange, it should not be too much to ask that they keep the floors clean, should it?
Wait Times Increasing in Emergency Rooms
A study in the January 15, 2008 edition of the Health Affairs journal reports that adult wait times in emergency rooms rose to about a half an hour in 2004, up from 22 minutes in 1997.
Waiting times are worse for black, hispanic, and urban patients, who can expect to wait an average of 7-9 minutes longer for treatment than white patients. Women can also expect to wait about 5% longer than men for treatment.
Even heart-attack patients are averaging longer stays in the waiting room. In 2004, the average wait for a heart-attack patient was 20 minutes, up from 8 minutes in 1997.
But the fact that a 20 minute wait is "average" means that half the patients were waiting for treatment longer than 20 minutes. In fact, a quarter of all heart attack patients in 2004 waited up to 50 minutes or longer to see a doctor. This is particularly disheartening because the likelihood of surviving a heart attack plummets as wait times increase.
The full text of the Health Affairs article can be read here.
Too Many Children Are Harmed by Medical Mistakes
According to researchers of a recent study, 1 out of 15 hospitalized children are harmed by accidental overdoses, medicine mix ups and bad drug reactions. This alarming rate is significantly higher than what was originally estimated.
It is difficult enough when parents have children in the hospital and this new statistic only compounds their fears. The study showed that there were multiple drug treatment mistakes made with some children. These medical mistakes can cause serious harm to patients and medical providers need to be held accountable. Parents are justified in their concern regarding the care their child is receiving from the hospital.
A new method of detection was used in the study that promoted an in-depth review of the patients’ care. Charts were analyzed to pinpoint drug-related events. Researchers looked for signs of drug overdoses, suspicious side effects and certain lab tests. Some hospitals are now using the same detection method to determine how many harmful drug related events occurred. Hopefully these hospitals will be able to decrease the number of patients injured by medical errors.
Parents trust that their children are going to receive the best care possible and they rely on the expertise of doctors, nurses and other medical staff. This study shows that too many medical errors are being made and as a result, young patients are harmed. Some experts believe that the rate of drug treatment mistakes may be even higher as only 960 children were studied at 12 different children’s hospitals. The study didn’t include general community hospitals where most children are treated.
The article, “1 in 15 Hospitalized Children Are Harmed By Medical Mistakes” has more information about the study.
Errors Made By Dentists
Most people do not look forward to going to the dentist to have dental work completed. In fact, many individuals would admit to being just a little bit anxious. Now there is even more to worry about when sitting in that dental chair – one out of every seven reportable malpractice cases involve a dental professional, according to the National Practitioner Database by the U.S. Department of Health and Human Services.
Dental malpractice can take many forms, including failure to diagnose oral cancer, dental error, nerve injuries to the tongue, loss of taste or oral surgery error. Basically, dental malpractice can be defined as the failure to provide reasonable care, resulting in injury to the patient. Injuries caused by dentists and other dental professionals can range in severity, but when the patient is seriously harmed, he or she may have a strong dental malpractice case. Typically, the injury must be caused by negligence on behalf of the dentist or other dental professional for there to be a valid case.
Patients who have been injured while receiving dental work may be able to recover compensation for their injuries. Monetary damages could be awarded for pain and suffering, lost wages and medical expenses. In some incidences, the patient may also be entitled to punitive damages.
If you have been injured by a dentist or dental professional, you may be a victim of dental malpractice. Contact the dental malpractice attorneys at the Law Offices of Lilly, O'Toole, & Brown LLP for a free consultation.
For more information about dental malpractice, read the informative article, “Dental Malpractice Can Cause Serious Injuries.”
False Medical Malpractice "Crisis" Hurts Victims
Lilly, O’Toole & Brown receives phone calls and emails every day from people who have been victims of medical malpractice. Oftentimes it is a poor diagnosis or failure to request diagnostic testing which would help narrow down the causes of the victim’s distress.Luckily the United States has some of the best physicians in the world and only a small part (like almost any profession) seem to create the most problems. Unfortunately a few years ago the Florida Legislature responded to a medical malpractice issue that did not exist.
The legislature was confronted with concerns that doctors were leaving the state in droves and verdicts against doctors were out of control. Neither one of these things were true, but for insurance companies that insure medical malpractice it created the opportunity for windfall profits that have been hitting the insurance industry ever since.
But as a result of the insurance company tactics the Legislature imposed new rules on medical malpractice claims. As a result of the tightened rules many legitimate malpractice claims now are swept aside and the victim is never able to recover.
Reisdency Programs at Area Medical Facilities Should Help Keep Doctors
A few years ago the people of Florida were being told about a medical emergency the likes of which we have never experienced. Medical doctors were leaving the state in droves, the doctors who remained were unable to make malpractice insurance payments and malpractice carriers were becoming harder and harder to find. None of this is true, but it made for a great backdrop for the malpractice carriers to pitch the claim to the Florida Legislature that malpractice jury awards were out of control and something needed to be done. Well, now it appears at least for Polk County the shortage of doctors is being addressed. Lakeland Regional Medical Center and The Watson Clinic are both taking on residency doctors. These are medical students who are training in particular fields such as orthopedics, neurology and internal medecine that need additional hands on training in their chosen area. The idea is to introduce these future doctors to the area and entice them to stay and provide continued care when they have finished their training. This seems like a much more reasonable response to a "doctor shortage" than arbitrarily attempting to prevent an injured person from recovering from the doctor that injured them.KNOW YOUR RIGHTS AT THE HOSPITAL
When a loved one ends up at the hospital it can be very hard to find out what is going on. Quite often there may be more than one doctor treating the patient but actually seeing either doctor is very difficult. Doctors have a tremendous work load both at their office and while making rounds at the hospital so time is a precious commodity. Also, nurses assigned to help your loved one have sometimes as many as ten other patients to make sure are fed, medicated properly, tended to according to doctor's orders and generally cared for in the hospital. With all of this going on it can often feel like the loved one is simply a number and getting information about the loved one's treatment seems impossible at best. Most of us do not understand a lot of medical jargon and simply finding someone who will take the time to explain it is very difficult. The loved one has a right to know what is going on and have it explained in simple, easy to understand terms. You must stand up for your loved one to make sure they are getting the best possible care. When Lilly, O'Toole & Brown investigates a medical malpractice issue, most commonly a person fell through the cracks and did not speak up. Do not let that be your loved one.Lilly, O'Toole & Brown, LLP
Lakeland Office: (863) 683-1111
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Winter Haven Office (863) 294-8100
Also providing legal assistance to clients from:
Wauchula, Lake Placid, Avon Park, Plant City, Brandon, and Valrico, Florida.
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Lakeland Office
800 S. Florida Ave.
Lakeland, FL 33801
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Sebring, FL 33870
Phone: (863) 471-0003
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310 E. Main Street
Bartow, FL 33830
Phone: (863) 533-5525
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815 S.R. 60 East
Lake Wales, FL 33853
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Winter Haven, FL 33881
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