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Wrongful Death Award: New Trial on Damages

A Florida appeals has court ordered a retrial for damages in the case of a wrongful death award against a cigarette maker. The 1st District Court of Appeal in Escambia County ruled that the family of a dead smoker was entitled to a new trial to assess pain-and-suffering damages against a cigarette maker. Norman Lamar Danielson of Cantonment, FL died at 42 years of age after decades of smoking Marlboro cigarettes. Wrongful death attorneys filed suit on behalf of Danielson's wife, Micah, against Philip Morris in 2007. She charged that the tobacco company concealed the dangers of cigarettes, including the fact smoking causes people to become...

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Wrongful Death Lawsuit Involves Florida Rehab Center

The family of a psychiatric patient who died at the Florida Institute of Neurologic Rehabilitation in 2011 has filed a $1 million wrongful death lawsuit against the Connecticut state agency that placed her in the Wauchula facility. A report in the Hartford Courant this week says that 24-year old Melinda Jackobowski of Connecticut had a history of psychiatric trouble. She had been treated for years in local facilities. The state Department of Mental Health and Addiction Services transferred her to the Florida facility after a suicide attempt. Failure to Treat Cardiac Arrest The family's lawsuit charges negligence in Jackobowski's death. In February 2011, she...

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Ocala, Gainesville Truck Accident Death and Injury

One person died and several were injured in the second semi truck crash in two days on Interstate 75 in Marion County. Recently, a semi crashed into an RV in Micanopy, killing a passenger and injuring six other people. Then on Saturday morning, a semi trying to avoid a back-up from an earlier collision swerved and hit a guardrail. The semi then struck a van and several cars. The first truck accident was on a Friday in Micanopy, south of Gainesville. An RV carrying the band Adrenaline Mob had pulled to the side of the highway to change a tire. The band...

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Bicycle Accident Attorney: What to do After a Crash

Any bicycle accident attorney can tell you that cycling can be dangerous. The experienced ones know how to deal with the legal problems that a cyclist faces after a crash. In a recent article for The Recorder, Concord Law School Professor Shaun Jamison lays out what you should do if you've been involved in a bicycle accident. The advice is given in the case of a cyclist who has been hit by a car, which is not an uncommon occurrence in Florida.   Document Everything for your Bicycle Accident Attorney Jamison says the key to building your legal case is documenting your injuries. So it...

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Medical Injury Season in Full Swing

No time is ever good, but if you had to pick the worst time to go the hospital, it might well be a weekend in July. Statistically, your chances of becoming a victim of medical injury are generally higher on the weekend. And higher still in July because new medical staffers are just coming on the job. Your odds of getting out alive are even worse if you wind up in a teaching hospital. July is when new doctors start the learning curve. The notion of a rise in hospital death and medical injury from the "July Effect" --of new doctors...

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Doctor Negligence in Double-Booked Surgeries

A lawsuit filed by a former anesthesiologist at Massachusetts General Hospital charges that scheduling two or more operations at the same time leads to doctor negligence. In her whistleblower suit, Dr. Lisa Wollman also said that doctors had committed billing fraud with overlapping surgeries. Doctors would charge Medicare and Medicaid for operations even though they were not present for critical parts of the procedures. According to Wollman, the hospital encouraged over-booking because it made more money for them. She noted that patients rarely knew that their surgeon was not always in the operating room during the whole procedure. The situation led to...

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Unnecessary Surgery Case Dismissed

A Florida woman cannot sue a Lakeland orthopedic doctor for unnecessary surgery because her medical expert was not from the same medical specialty as the treating physician. Maria Johnson Lynch went to the Florida Orthopaedic Institute (FOI) in Lakeland after breaking a toe. She underwent surgery as well as other therapies which, she said, did not fix her problems. She then went to see other doctors. One of them told her that the surgery she underwent was not necessary or appropriate in her case. Filed Claim without Medical Malpractice Lawyer Accordingly, Lynch filed a lawsuit in Hillsborough County Court alleging that Dr. Michael Clare and FOI committed medical malpractice...

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Lawsuit over Birth Control Drug Injury

A judge refused to dismiss a medical malpractice lawsuit against a New York hospital over a birth control drug injury. An expert testified that a nurse practitioner at Montefiore Medical Center should have told teenager Sarah Adams to remove a contraceptive device called NuvaRing after she complained of chest pains. NuvaRing is a combined hormonal contraceptive which is associated with a risk of blood clots. Missed Chances to Prevent Drug Injury A nurse practitioner prescribed NuvaRing to Adams in 2010 when she sought advice for birth control options at a clinic that Montefiore hospital runs at her school. She returned to the clinic two...

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Florida Nursing Home Injury Lawyers and Medicare Data

Orlando personal injury attorneys who sue in cases of nursing home injury can learn a lot from Medicare data, according to a recent story in The New York Times. The Special Focus Facility Initiative singles out nursing homes with the worst safety records. The program began in 2005. These facilities get more inspections until they improve, but many of them later return to unsafe practices.  These nursing homes injured patients by giving them the wrong medicines, for example, or failing to stop physical assaults by staff or other residents. Safety Improvements Are Usually Temporary The Times reported that Medicare removed more than 500 nursing homes from...

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Compounding Pharmacy Drug Injury

Citing a risk of drug injury, the Food and Drug Administration (FDA) has closed an Alabama compounding pharmacy that sold contaminated steroids. Unlike regular pharmaceutical manufacturers, compounding pharmacies make drugs from scratch to suit the needs of individual patients. MedistatRx, located in Foley, Alabama, manufactured specialty drugs such as testosterone creams, injectable vitamins, steroids, and hormones. The distributed the drugs throughout the United States to more than 5,000 doctors' offices and clinics. The pharmacy also supplied prescriptions to 25,000 individual patients. Officials say that the company had failed safety inspections over the years and citing it for unsanitary conditions that could lead...

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