Delray Beach

Florida Personal Injury Laws

Filing A Florida Accident Or Injury Claim?

If you have been injured and seeking a lawyer to file a negligence claim you should be familiar with the Florida  laws that govern accident, injury and death lawsuits.

Important Deadlines

You have four years from the date of the accident to file a lawsuit. There are ways to file for an extension.

Comparative Negligence

The amount of compensation you re entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident.

Florida No-Fault

This means that your insurance policy ( personal injury protection coverage) will provide compensation for medical expenses and lost income, no matter who was at fault for the accident.

Personal Injury Lawsuits Are Filed For:

  • Permanent injury
  • Significant and permanent scarring or disfigurement,
  • Significant and permanent loss of a bodily function.

Liability Limits

Florida limits punitive damages to three times the amount of compensatory damages, or $500,000 whichever amount is greater. This law can be found at Fla. Stat. Ann. section 768.73.

Speak to a personal  injury lawyer to protect your rights

What Is A Florida Medical Malpractice Lawsuit?

Medical Malpractice Overview

You may be able to  file a  medical malpractice lawsuit if a  health care professional  neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes severe injury, or death.
A malpractice or negligence lawsuit is an action due to a  medical error. This could be missed or misdiagnosis, medication dosage, health management, treatment, or aftercare. Medical malpractice lawyers help to recover compensation from any harms that result from sub-standard treatment. An error, negligence, or omission can lead to a malpractice lawsuit against a hospital, doctor, or other health care professional.

Can I File A Florida Medical Malpractice Lawsuit?

What Is The Criteria?

  1. The injury must be serious with permanent lasting consequences.
  2. You must show that the injury or harm caused by the medical negligence resulted in considerable injury or death
  3. You  must show that the physician acted negligently in rendering care, and that such negligence resulted in injury.
  4. A  breach of professional  duty must be shown
  5. injury caused have been caused by  this  breach
  6. There must be resulting damages or injury.
  7. There must be an act of omission or a negligence.
  8. It is only malpractice when there is negligence and injury and negligence causes the harm or injury.

Examples Of  Malpractice

  • Misdiagnosis or failure to diagnose,
  • Unnecessary or incorrect surgery,
  • Premature discharge from a medical facility,
  • Failure to order appropriate tests,
  • Failure to act on results of tests,
  • Not following up on a medical issue,
  • Prescribing the wrong dosage ot medication,
  • Prescribing the wrong medication,
  • Giving the wrong medication,
  • Leaving things inside the patient s body after surgery,
  • Operating on the wrong part of the body,
  • Persistent pain after surgery,
  • Pressure ulcers, or bedsores in a nursing home or other facility

The Most Common Medical Malpractice Lawsuits

  • Misdiagnosis,
  • Delayed Diagnosis,
  • Childbirth Injuries,
  • Medication Errors,
  • Surgery Errors,
  • Anesthesia Error Malpractice

If you feel you or a loved one has been a victim of medical malpractice or doctor- hospital negligence contact us immediately

Physiomesh Hernia Mesh Lawyers

Ehicon Physiomesh Recall Lawyers

The Physiomesh is a Flexible Composite Hernia  Mesh  used in hernia repair surgery. The Physiomesh is made of a synthetic plastic-like material called polypropylene and is used as a patch to repair the hernia. It is the same exact material used in the Ethicon vaginal mesh that has caused problems in thousands of women.

Physiomesh Complications

  • Need for revision surgery due to mesh failure
  • Recurring hernia due to failure of the Physiomesh
  • Pain after surgery.
  • Recurring hernia in the first 6 months following surgery

Ethicon Physiomesh Lawyers Filing Physiomesh Lawsuits

If you have had a hernia repair surgery using the Ethicon Physiomesh and are experiencing complications contact our Physiomesh lawyers. Lawsuits are being filed against Ethicon Inc. for failure of their Physiomesh.

Nursing Home Abuse Lawyer | Nursing Home Neglect Lawyers

Get a Nursing home abuse lawyer to file a nursing home abuse lawsuit.

What Is A Nursing Home Abuse Lawsuit?
A nursing home abuse lawsuit is a lawsuit against a nursing home due to a specific incident or a number of incidents that harmed an elderly resident and are considered to be abuse. This can be physical, emotional, sexual or financial abuse. A nursing home abuse lawsuit assumes an intentional infliction of physical harm, pain or mental harm.

What Is A Nursing Home Neglect Lawsuit?
A nursing home neglect lawsuit is filed when a nursing home has injured a patient due to sub-standard care.  Bedsores, dehydration, malnutrition that are neglected results in harm to your loved one. Neglect is a failure to provide the elderly resident with the care and services they are obligated to provide by law. The result is injury and/or emotional or physical harm. Nursing home neglect is defined as a breach of duty to your loved one.

What Do Home Abuse Or Neglect Lawyers Do?
Nursing Home abuse and neglect  lawyers file  lawsuits for abuse, neglect, injury and unexplained death that occurs in a nursing home, assisted living facility, skilled nursing facility, long term care facility, hospice or by home health care employees.

What Is An Inferior Vena Cava Filter? Can I File An IVC Filter Lawsuit?

An inferior vena cava filter, IVC filter  or blood clot capture filter is a small cone-shaped surgical implant   that is implanted in the inferior vena cava just below the kidneys. The filter is designed to capture  a blood clot that has broken loose from one of the deep veins in the legs on its way to the heart and lungs. The goal is to stop the clot from causing a stroke or pulmonary embolism. Placing an IVC  filter in the inferior vena cava (IVC) is a way to prevent pulmonary embolism (PE) from a deep vein thrombosis (DVT). This procedure is currently performed under radiologist  guidance thru the  femoral vein or jugular vein.

Inferior Vena Cava Filter Lawsuits

The U.S. Judicial Panel IVC Filters fail to improve Anticoagulant Therapyon Multidistrict Litigation (JPML) has established a single court to consolidate all the Bard IVC filter lawsuits filed against C.R. Bard. All Bard cases will be centralized in the federal court system under one judge in Arizona.

IVC Filter Lawsuit Complications- Commonality Of Injuries For Lawsuits Filed
Device migration
Filter perforation
Filter fracture
Detached device componentsy

These complications must have resulted in significant injury, damage to internal organs or death. IVC Filters are helpful in preventing serious medical problems yet, they can cause serious medical problems. Speak to an IVC Filter lawyer today.

Bard IVC Filter Lawsuit Update | Cook IVC Filter Lawyer

The federal multi-district litigation panel for the Bard IVC Filters  has appointed a federal judge in Phoenix to oversee the C.R. Bard Inc. (NYSE: BCR) IVC filter consolidated lawsuits for all Bard Inferior Vena Cava filter lawsuits nationwide.

An  IVC filter was designed to capture  blood clots in patients who could not use  blood thinners. Our IVC Filter lawyers are filing defective IVC Filter lawsuits for people injured by a defective IVC Filter. Injuries include those from the fracturing of the filter and parts of the filter migrating and puncturing vital organs.  Faulty IVC filters puncture veins, fracture and migrate to other parts of the body causing injury and even death.

Why Are IVC Filter Lawsuits Being Filed?

IVC filter is problematic because   pieces can break off and thru-out the body and injure  parts of the body or get embedded in the organ tissue. These temporary IVC filters are supposed to be taken out within six months.  Very often the device is not removed in time to prevent complications.

IVC Filter Complications

Deep vein thrombosis
Difficulty in removing the filter
Movement of the entire filter or filter fragments to the heart or lungs
Fracture of the filter
Migration of the filter to another part of the body or vital organ
Perforation of the inferior vena cava
Tilting of the filter

If you or a loved one has been injured by a defective Bard or Cook Ivc Filter contact us to speak to an IVC Filter lawyer.

Blood Clot Filter Lawyers

An inferior vena cava filter,  IVC filter, blood clot filter is a small cone-shaped device that is surgically implanted in the inferior vena cava just below the kidneys. The filter is designed to capture  a blood clot that has broken loose from one of the deep veins in the legs and capture it  on its way to the heart or lungs.

IVC Filter Lawsuits

Our blood clot filter lawyers are accepting IVC filter cases throughout the United States.The Judicial Panel on Multidistrict Litigation has consolidated Bard IVC filter lawsuits in the District of Arizona and has consolidated Cook Medical IVC filter lawsuits in the Southern District of Indiana. All IVC filter lawsuits will be a part of one of these two multi district litigations.

Particles Of The IVC Filter can fracture and migrate resulting in:

Inferior Vena Cava Perforation
Heart or Lung Perforation
Severe Chest Pain
Severe Shortness of Breath
Hemorrhagic Pericardial Effusion or  Hemorrhage

Speak to an IVC Filter Lawyer Today

Power Morcellator Lawyers

16Power Morcellator Lawsuits On The Ris

Aetna insurance company has removed the insurance coverage for laparoscopic power morcellator devices when used for hysterectomies and myomectomies. Morcellator lawsuits have been filed against manufacturers of the device claiming that the power morcellator can expose and spread cancer cells during gynecological surgeries.
FDA Power Morcellator Warnings

The United States Food and Drug Administration has issued a warning statement regarding laparoscopic power morcellation procedures on uterine fibroids and the risk of disseminating previously undetected cancer cells. The spreading of these cancer cells could cause an accelerated cancer that could become fatal.

After the FDA announcement Aetna ended coverage of morcellators used in gynecological surgeries. They informed physicians that they were still may cover other power morcellators. Aetna could decide whether or not to cover on a case-by-case basis.
Get A Morcellator- Cancer Lawyer

Power morcellator lawsuits have been consolidated in multidistrict litigation number 2652 in the United States District of Kansas overseen by Judge Kathryn H. Vratil.

We have morcellator lawyers to help women who have undergone gynecological surgeries involving laparoscopic power morcellation have been diagnosed with cancer._

Power Morcellator Lawsuits On The Rise

Aetna insurance company has removed the insurance coverage for laparoscopic power morcellator devices when used for hysterectomies and myomectomies. Morcellator lawsuits have been filed against manufacturers of the device claiming that the power morcellator can expose and spread cancer cells during gynecological surgeries.
FDA Power Morcellator Warnings

The United States Food and Drug Administration has issued a warning statement regarding laparoscopic power morcellation procedures on uterine fibroids and the risk of disseminating previously undetected cancer cells. The spreading of these cancer cells could cause an accelerated cancer that could become fatal.

After the FDA announcement Aetna ended coverage of morcellators used in gynecological surgeries. They informed physicians that they were still may cover other power morcellators. Aetna could decide whether or not to cover on a case-by-case basis.
Get A Morcellator- Cancer Lawyer

Power morcellator lawsuits have been consolidated in multidistrict litigation number 2652 in the United States District of Kansas overseen by Judge Kathryn H. Vratil.

We have morcellator lawyers to help women who have undergone gynecological surgeries involving laparoscopic power morcellation have been diagnosed with cancer.

Vena Cava Blood Clot Lawyers

The Bard Vena Cava Filter is implanted in patients to capture blood clots. This is used for patients who cannot tolerate blood thinners. The blood clot is captured to avoid traveling to the barain or lungs and causing a stroke of pulmonary embolism. Recent studies show high rates of IVC filter failures and serious injury to the patient.

Bard Recovery filter,

Bard G2 filter,

Bard G2 Express Filter

The use of an IVC filter may cause the following complications:

IVC Filter migration
IVC Filter fracture
IVC Filter perforation
Tilting of the IVC Filter
The inability to retrieve the IVC Filter
Pulmonary embolism
Compromised respiration
Stroke
Death

The filters have caused serious injury in patients. If you or a loved one has been injured by an IVC Filter contact us to discuss inclusion in the current IVC Filer lawsuits.

IVC Filters such as Bard IVC Filters and Bard G2 IVC Filters have been linked to serious injuries

  • Parts of the device breaking lose
  • Movement or migration of the device through the body
  • Puncture or perforation of organs
  • Device being lodged in the wrong part of
    the body
  • Blockage of blood vessels
  • Device being wedged in the body

Lawyers For Dangerous Drugs

Zofran Lawyers

Zofran is m anufactured by GlaxoSmithKline. Zofran has been prescribed to expectant mothers to treat morning sickness, but has since been linked to birth defects such as cleft palates and lips and congenital heart defects if taken in the first trimester, The FDA never approved this drug to treat morning sickness. It wwas approved for chemotherapy patients.

Xarelto Lawyers

This is a blood thinner made by Janssen Pharmaceuticals. It has caused severe and uncontrolled bleeding resulting in organ injury and deaths

GranuFlo Lawyers

Granuflo is a product developed by Fresenius Medical Care. It is used during kidney dialysis to neutralize excess acid in a patient’s blood. Granuflo has caused sudden, fatal heart attack and was recalled by the FDA in May 2012.

Januvia Lawyers

Januvia is prescribed for Type II diabetes and made by Merck & Co. It is shown to cause pancreatitis and pancreatic cancer that can lead to death.

Thousands of lawsuits have been filed against the manufacturers of drugs for failing to warn the public and medical community about possible side effects. If you or a loved one has been injured or you have lost a loved one due to these medications speak to one of our drug or devices lawyers today