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Miami Personal Injury Law Blog

How often do surgical errors occur in the U.S.?

When you go into the hospital for surgery, you may worry about the possibility of getting an infection, or other common complications. Usually you’re going to trust that your doctor and medical team know what they are doing and won’t make any major mistakes. Unfortunately for residents in Florida and throughout the country, major surgical errors occur all the time. The repercussions of these mistakes can range from temporary discomfort to permanent disability or even death.

A study by The Johns Hopkins University School of Medicine revealed that surgical errors happen in hospitals and medical centers about 80 times per week, or more than 4,000 times each year. While rare, surgical errors are a serious form of medical malpractice, and professionals have termed them “never events,” meaning that they should never happen.

Elderly residents evacuated from burning retirement complex

Apartment managers and owners have a responsibility to ensure their property is safe for residents. This includes keeping walkways and handrails in good repair to avoid slip-and-fall accidents, and being sure that electrical wiring is up to code and fully functional smoke detectors are installed. A dangerous property condition can be especially concerning for elderly Florida residents, who often are unable to protect themselves from a fall or escape from a dangerous situation on their own.

Premises liability cases can extend to injuries caused by a fire. Injuries from burns or from smoke inhalation are often deadly. At the very least, they are difficult to recover from, especially for senior citizens.

Children at risk of pedestrian accidents while walking to school

As most Floridians know, school has started and the chances of seeing children walking along many areas in Miami have increased. A large amount of children walk to school or the bus stop. On one hand, this is good exercise for children in today’s health-conscious society. On the other, walking in congested areas increases the risk of being hurt or killed in a pedestrian accident. The times when children walk to and from school typically coincide with the busiest traffic rush hours of the day.

Children are more likely than other age groups to be involved in a pedestrian accident. The Centers for Disease Control and Prevention say that one-fifth out of every child between the ages of five and nine  killed in a car crash was a pedestrian. Additionally, pedestrians are nearly twice as likely as vehicle passengers to be killed in an accident.

University crackdown reminds students of DUI consequences

With college having started again, Florida students will have numerous opportunities to participate in drinking-related activities. Sporting events, fraternity and sorority parties, dormitory gatherings and nearby bars are all common ways for university students to have a good time. When they make smart decisions about drinking and driving, students can avoid such setbacks as getting DUI charges and causing a car accident.

Some colleges are taking steps to reduce the number of drinking-related incidents among their students. Recently, the University of Central Florida Police Department caught several people near the school for drunk driving. Between August 13 and September 1, campus police arrested 17 people, 9 of whom were students. Three of these arrests occurred on university property.

Long driving hours frequently contribute to truck crashes

According to the National Highway Traffic Safety Administration, 214 people lost their lives in Florida in large truck accidents in 2012. A number of factors often contribute to truck crashes, such as alcohol or substance abuse, speeding or distracted driving. However, drowsy driving is near the top of the list for truck accident causes. Truck drivers are known for driving long hours each week; Insurance News Net says that some may even drive as many as 82 hours in a week. Federal regulations require truckers to rest for only 34 hours after logging in 60 to 70 hours, but after this brief break they are allowed to resume driving.

Getting one or two nights’ rest isn’t likely to reduce the chances of a fatigued truck driver causing an accident, says the New York Times. With many truckers driving 11 hours or more each day, the risk of falling asleep at the wheel is exponential and increases with each successive hour of driving. From 2009 to the current time, statistics show that truck crashes have increased and it is estimated that fatigue plays a role in 13 percent of them. 

What do I do after a bicycle accident?

For whatever reason, many bicyclists are injured or killed by drivers each year. If you’re involved in a bike crash, here are the most important steps you should take after the accident.

  • Get medical help - Going to the hospital is obvious if you’re seriously injured, but you may think you’re fine if you’re able to walk around after the crash. However, complications from seemingly mild injuries can show up days after an accident. Even if you decline an ambulance trip, it’s best to be seen by your doctor as soon as possible to rule out any potential issues.

Teenager driving in accident that killed toddler brother

It’s always tragic when someone is killed in an auto accident. When another family member is the one who caused the car crash, those left behind to pick up the pieces must feel the heartache of two separate tragedies: They must come to terms with the loss of their loved one and also have to deal with the person who caused the accident. Regardless of the circumstances, car accidents are a major cause of deaths and injuries in Florida and throughout the rest of the country. Factors like drunk driving and texting while driving are serious issues that have resulted in countless lives being changed forever.

Recently in Miami, a 19-year-old driver allegedly ran a stop sign and struck another vehicle, sending it crashing into a home nearby. Law enforcement believed the teenager was speeding at the time of the accident. The girl’s 3-year-old brother was thrown from the SUV, and was later pronounced dead at the hospital. A 41-year-old man also received critical injuries, but it was unclear whether he was in the other vehicle the teenager hit. If the man was not related to the other driver, it’s possible his family will want to pursue legal action against her for his medical expenses.

Parents, families urged to be aware of pedestrian accident dangers

There can hardly be worse news for parents than finding out their child has been hit by a car. Serious injuries are difficult enough to deal with, but it’s also common for a person to be fatally injured in a pedestrian accident. Many people enjoy getting fresh air in the Florida sunshine by walking to their destinations rather than driving, which is also great exercise; however, pedestrians are often at risk of being hit by a car. Numerous roads in the Miami area and throughout other major Florida metropolitan communities are busy with traffic at all hours of the day. This can present a great danger to pedestrians, even at a clearly marked intersection where it should be safe for people to cross.

Sometimes circumstances occur that can result in an accident when drivers aren’t paying attention to their surroundings and do not expect to see a person walking along the road. This may have been the case in a recent accident along the Florida Turnpike, where pedestrian traffic isn’t very common. According to police, an 18-year-old girl exited a car after getting into an argument with her friends, and walked along the roadway. A sedan struck the girl, causing a pickup truck to hit the sedan. Tragically, the girl was killed at the scene.

Grocery store faces suit after woman allegedly slips on floor

From a negligent property owner to a shopping mall with inadequate security, premises liability cases take many forms. When someone has been hurt in a slip and fall accident, they could experience numerous setbacks, such as life-changing injuries and financial problems. In Miami, Florida, people who are dealing with this firsthand should explore their options and do their best to recover from the accident.

A woman who claims that she was seriously injured after slipping on the floor of a grocery store recently filed a lawsuit against the Louisiana-based business with her husband. In her suit, she accused the store of numerous wrongdoings, including failure to properly inspect, clean and warn customers about the slippery floor.

Settlement reached in Florida wrongful death suit

From a fatal workplace accident to medical malpractice, wrongful death cases take many forms. For someone who is dealing with severe emotional pain after losing a loved one, no amount of compensation will ever be able to make up for their loss. In Miami, Florida, people who are in this painful situation should do everything they can to try and recover, which may include filing a wrongful death lawsuit.

In 2009, a Florida woman passed away after spending eight days behind bars. The woman, who suffered from bipolar disorder, lost her life after she had a heart attack which was brought on by refusing to eat, drink or take medicine while in jail. She was initially taken into custody after kicking a law enforcement official.

Office Location

Law Offices of Ivan A. Schertzer
16211 NE 18th Avenue
North Miami Beach, FL 33162

Phone: 305-940-0007
Toll Free: 800-639-8084
Fax: 305-354-8895
North Miami Beach Law Office Map