Miami Personal Injury Lawyer Blog

The Big Three Misdiagnosed Conditions in Florida Medical Malpractice Cases

Published on: August 4, 2023 | by Gerson & Schwartz, P.A.

Doctors are not perfect, but you still expect that their education, training, and experience will lead to quality patient care in diagnosing medical conditions. The statistics reported by Agency for Healthcare Research and Quality (AHRQ) are disturbing, with missed or delayed diagnoses comprising 21% of all medical malpractice claims. These figures do not include misdiagnosis instances where there was no adverse event or harm to the patient. The numbers are much higher and should not be disregarded, as they still constitute serious mistakes.

Researchers have found through their analysis that there are three medical conditions that are wrongly diagnosed at higher rates than others. These are relatively common ailments, so you should become familiar with the risks. Mistakes may constitute medical malpractice, and a Miami diagnostic errors attorney can assist with your claim. Some information on the top misdiagnosed conditions is also helpful.

Big Three Conditions Most Frequently Misdiagnosed

Steps to Take if You Suspect Your Child Has a Concussion

Published on: July 28, 2023 | by Gerson & Schwartz, P.A.

Children are physically active, play hard, and participate in sports, often not realizing the risk of serious injuries. Unfortunately, kids often do not appreciate the fact that they suffered a head injury. Parents must be vigilant, as there can be serious medical implications when a child’s developing brain suffers trauma. Experts at the US Centers for Disease Control and Prevention (CDC) warn that concussion can disrupt a child’s development and limit their ability to participate in recreational activities, important parts of becoming an adult.

As the parent of a young child or one that tends to ignore injuries, it is up to you to take action when you suspect a concussion. Your To-Do’s center on your child’s health and well-being, but there are some tasks that are necessary to protect your legal rights under Florida law. You can trust a Miami child injuries lawyer to handle the process, and keep in mind the following steps:

Look for Symptoms of Concussion

Scenic, Safe Routes for E-Scooters in Miami

Published on: July 21, 2023 | by Gerson & Schwartz, P.A.

E-scooter-sharing services are popular as a way to get around for work and errands, and statistics from recent years are proof. According to the Governors Highway Safety Association (GSHA), there were 52 million e-scooter trips in 2021 – up more than 50% from the previous year. These vehicles are affordable to rent, easy to park, and convenient in highly congested urban areas like Miami. Plus, they are also a fun way to see the city’s sights, attractions, and neighborhoods. It is true that you can ride your bike, but using an e-scooter is cooler and more enjoyable in the tropical climate of South Florida.

However, e-scooters are not permitted in all areas of Miami. The nature of the sharing services has made it necessary for officials to limit where you can ride for the safety of all road users. However, there are still plenty of routes that are both scenic and safe so that you can avoid the risks of e-scooter accidents in Miami. Check out the following when you are up for a ride.

1. Ocean Drive: If you want to experience city action on one side and gorgeous beach views on the other, head to South Beach and ride along Ocean Drive. There are designated bike lanes that are accessible to e-scooters and several parks along the route for a quick stop to rehydrate. If you want a longer rest, countless restaurants and bars line the length of Ocean Drive.

Does the Court Need to Approve a Florida Wrongful Death Settlement?

Published on: July 14, 2023 | by Gerson & Schwartz, P.A.

Accidents are a leading cause of death in the US, and a factor that makes them even more tragic is that they are preventable. Negligence by others is the reason behind motor vehicle crashes, slip and falls, medical malpractice, dog bites, and related incidents. Fortunately, Florida’s wrongful death law allows surviving family members to seek damages from the negligent party. Your first step in the legal process is usually filing an insurance claim and attempting to settle, but you may need to go to court if the insurer does not agree.

There are numerous benefits to settling a wrongful death case, and the majority of claims are resolved by agreement. However, when you are taking legal action, you probably wonder about the court’s involvement in your settlement discussions. There are laws and procedural rules that cover these cases, and you do not want pitfalls to stand in the way of enforcing your rights. While it is important to retain a Miami wrongful death attorney for help, some information on court approval of settlements is useful.

Court Approval for Settlements

Factors That Affect Damages for Florida Nursing Home Abuse and Neglect Cases

Published on: July 7, 2023 | by Gerson & Schwartz, P.A.

The nursing home environment is often the most engaging and safest place for individuals who cannot live independently because of age-related medical conditions or dementia. Fortunately, there are many options available depending on the resident’s needs. The Florida Health Care Association (FHCA) reports that there are 691 nursing homes licensed to operate in the state, representing almost 84,500 beds. Facilities range from group homes and assisted living to memory care units and skilled nursing services.

Most nursing homes provide quality care as expected, but there are serious consequences for those that fail in their legal duty. Residents can suffer serious harm, which is why Florida law protects them by providing legal recourse. You may qualify to recover damages, either on behalf of a loved one or for injuries to you. There can be challenges with compensation, so count on a Miami nursing home abuse and neglect lawyer to ensure you receive a fair amount. Some background information is useful for understanding damages.

Basics of Monetary Damages

Dangers of Electric Vehicle Auto Crashes in Miami

Published on: June 30, 2023 | by Gerson & Schwartz, P.A.

Electric vehicles (EVs) have increased in popularity in recent years as motorists seek ways to reduce their carbon footprint and avoid paying high gas prices. According to the US Department of Energy, Florida drivers are certainly on board with the benefits. The Sunshine State ranks second in the US when it comes to EV registrations, at almost 95,650 and growing. These vehicles are becoming more affordable as well, also a factor in the rise in electric vehicles on the road.

However, when you look at an EV, you might not realize that there are multiple features that make them extremely dangerous. They are very different from vehicles powered by internal combustion engines, and the occupants of the autos are the ones who suffer. If you were hurt, it is important to work with a Miami EV car accident lawyer who understands the subtleties. You can also read on for a description of the risks and tips on what to do.

Risks of Being in a Crash With an EV

What is a Miami Resort’s Duty to Protect Against Criminal Activity?

Published on: June 23, 2023 | by Gerson & Schwartz, P.A.

South Florida has always been a popular destination for tourism, but you might be surprised to learn how the figures have increased in recent years. According to the Greater Miami Convention and Visitors Bureau (GMCVB), more than 26.5 million visited the Miami area in 2022, including 19.2 million overnight visitors. This rise represents an increase of 2 million visitors over 2021, as people are drawn to the region for business trips and vacations.

Because of the year-round warm temperatures, sun, and beaches, many visitors are attracted to the all-inclusive properties, luxury accommodations, and other resorts. These gorgeous, lavish hotels offer all the amenities, so you might overlook the fact that some may be shirking their responsibilities regarding safety. Criminal activity is common in a large city, and resorts must protect guests. You should discuss your remedies with a Miami resort accident lawyer if you were injured in a criminal incident because operators do have responsibilities.

Duties of Resorts and Hotels

Two Children Die in Drowning Accident at Miami Airbnb

Published on: June 16, 2023 | by Gerson & Schwartz, P.A.

South Florida is a popular vacation destination for its weather, beaches, and water attractions, but a recent story is a reminder of how quickly a fun time can turn tragic. According to a Miami’s NBC News Channel 6 report, two children were found unresponsive in a backyard pool early on June 30, 2023. Hollywood Police and Hollywood Fire Rescue responded to the 911 call and provided first aid at the scene before transporting the victims to Joe DiMaggio Children’s Hospital. NBC later reported that the two children died at the hospital.

Officials will continue to investigate how these horrific drownings occurred, but an important point may affect how the grieving family moves forward with legal options. The subject property is an Airbnb, and the victims were among the guests. Fortunately, there are options to pursue negligent property owners, including those who make money through home-sharing services. It is essential to retain a Miami swimming accident lawyer for help with legal tasks, but some background is also useful.

Legal Obligations of Property Owners

Florida Ranks #1 for Drownings of Children Aged 1 to 4

Published on: June 9, 2023 | by Gerson & Schwartz, P.A.

It is extremely disturbing news to learn that Florida tops the list of US states in terms of accidental drowning fatalities, but there are also opportunities to learn from the statistics. A recent report found that the Sunshine State is #1 for unintentional drowning deaths among children 1 to 4 years old. Plus, drowning is the top cause of death nationwide among children from 1 to 5 years old. Many other incidents involve near-drownings, but the child could suffer life-changing, catastrophic injuries as a result.

Both drownings and near-drownings are tragic, no matter the age of the victim. The losses for families can be tremendous, so it is reassuring to know that you have legal remedies. It is smart to get help from a Miami swimming and drowning accident attorney when pursuing the at-fault party, as the legal process can be complicated. Some additional statistics and background are also useful.

Concerning Data on Drownings

Civil Suits for Child Crime Victims: Factors Parents Need to Know

Published on: June 2, 2023 | by Gerson & Schwartz, P.A.

Society looks at violent crimes against children as being absolutely reprehensible, so all US states have laws that enhance criminal charges when the victim is a minor. Unfortunately, statistics from the US Department of Justice (DOJ) reveal that harsh punishment for offenses does not deter criminal activity. Around 40% of American children are the direct victims of violent crime or abuse, including assault, battery, sexual assault, molestation, and many others. For a child, the physical pain may be significant, but the emotional and psychological effects are also profound.

In Florida, it is possible for parents to seek justice after their child is the victim of a crime. You can pursue the offender, as well as any property owner or party that negligently allowed the offense to happen. However, there are some laws that make these civil cases different from personal injury cases involving adults. A Miami crime victims attorney can explain details on the important factors when a child is the victim of a crime, and some general information is useful.

Statute of Limitations