I am an attorney old enough to know that for more than 30 years the rights and benefits of workers under workers' compensation in the State of Florida have steadily declined. The question is, how long can we continue to call the system fair? Now we have a report brought to our attention by Confined Space which details the failure of workers' compensation throughout the entire country.Workers...
We each have a responsibility to help ensure that there is government accountability. One way is making sure to file a tort claim when you are injured as a result of the government's negligence or unsafe practices. Recently a student filed two claims totaling $50 millionagainst Snohomish County and the Marysville School District for a school bus accident that happened in 2005. The accident...
In Chicago recently, a young girl went into a coma during a routine dental visit. The incident occurred shortly after the 5 year old was sedated with anesthesia. This type of incident brings to light the need for parents to be fully informed about the type of anesthesia their child will be subjected to and the safeguards utilized by the doctors and facilities using the anesthesia.
There are definite breakdowns in the diagnostic process in emergency rooms that can cause serious injury and death. The National Library of Medicine has posted an abstract of a recent medical journal article detailing the nature of the breakdowns. The news is not good. Missed and Delayed Diagnoses in the Emergency Department: A Study of Closed Malpractice Claims From 4 Liability Insurers. ...
According to the Institute of Medicine, needs more resources to track the safety of drugs, once they are approved and marketed. The Institute's report indicates that an imbalance exists between the resources devoted to the pre-approval process for a drug and the resources available to follow drugs after they receive FDA approval. The FDA recognizes that it must do more to improve drug safety. ...
On September 22, 2006, the U.S. Consumer Product Safety Commission (CPSC) announced a recall of Hasbro's Playskool Team Talkin' Tool Bench following the Wrongful Death of two young children. The toymaker received reports the defective product caused two deaths- a 2 year old boy from League City, Texas, and a 19-month old boy from Martinsburg, West Virginia. Both died by suffocation when...
How many times do construction workers have to fall to their deaths before proper guardrails or other barriers are put in place? The St. Petersburg Times reports another worker has died after a fall of some 10 stories.Construction worker dies in 10-story fall off liftA construction worker fell to his death Monday morning from the 10th floor of a condominium complex.Howard Theriot, 31, of St....
Voir Dire is the beginning of the jury trial, where potential jurors are questioned and then selected to sit on a case. Voir dire is not only about uncovering bias and learning about your jurors; it is also your jurors' first opportunity to learn about your case. In previous jury tips, I have often stressed how critical the jurors' first impressions of your case are, how quickly jurors build a...
There is an informative blog post by attorney Paul R. Kiesel, Esq., from California concerning the substantial risk we all face while driving, of being in an accident with an uninsured driver. In Ohio, like in California, it can be foolish to rely on the assumption that another driver will have adequate insurance or necessarily maintain insurance at all. State law in Ohio requires insurance in...
The second phase of your personal injury checklist is to document what happened.Photographs are essential to prove liability and your damages.Most insurance defense attorneys and insurance adjusters take the postion if it is not documented it did not happen. You should take photographs of your injuries and you car immediately.Images of your car show the...