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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.

Inferior Vena Cava Filters

Our IVC Filter Helpline continues to get calls on a daily basis for injury, death and complications from both the Bard and Cook IVC Filters. Our IVC Filter Helpline can connect you with an experienced IVC Filter lawyer. We also keep you updated on the IVC Filter lawsuits and offer interesting and helpful information and resources. The following overview of IVC filters was found online. We hope it will be helpful to our readers.

Inferior Vena Cava (IVC) Filters
The Vascular Surgery team at the University of Michigan is dedicated to providing exceptional patient care in the U-M Cardiovascular Center (CVC), our new state-of-the-art clinical building.

Our vascular surgeons have extensive experience in placing inferior vena cava (IVC) filters to help prevent pulmonary emboli and we are continuing to investigate and research new advances for treatment in this area.

What is an IVC filter?
The inferior vena cava is the largest vein in the body. It carries de-oxygenated blood from the lower extremities to the right atrium of the heart and then to the lungs.
An inferior vena cava filter or IVC filter is a small cone-shaped device that is implanted in the inferior vena cava just below the kidneys. The filter is designed to capture an embolism, a blood clot that has broken loose from one of the deep veins in the legs on its way to the heart and lungs.

Without the IVC filter in place, there would be the potential for the embolism to cause a blockage of the pulmonary artery. The pulmonary arteries carry deoxygenated blood from the heart to the lungs. Blockage of one or both arteries is referred to as a pulmonary embolism (PE) and can cause difficulty breathing, chest pain, and death.

The IVC filter works by permitting blood flow to continue around the trapped clot. Over time, natural anticoagulants in the blood will help to break the clot down.

Who is a good candidate to receive an IVC filter?
You are a good candidate for the placement of an IVC filter if:You continue to develop deep vein thrombosis (DVT) or pulmonary emboli despite the monitored use of anticoagulants (e.g. Coumadin, low-molecular-weight heparin).
You are at risk of a pulmonary embolism, but cannot tolerate anticoagulation therapy due to another condition that puts you at the risk of bleeding.
You develop significant bleeding complications from anticoagulation
You have large clots in the inferior vena cava or iliac veins

How do I prepare for the placement of an IVC filter?
Your doctor will give you detailed instructions as to how to prepare for the procedure. These may include a suggestion to eat a light meal the night before the procedure and to not eat or drink anything after midnight before the procedure. If you regularly take any important medicines, your physician may ask you to take them on the day of surgery with a sip of water.

Follow your doctor s instructions about not smoking before and after the procedure. Smokers heal more slowly after surgery. They are also more likely to have breathing problems during surgery. For this reason, if you are a smoker, you should quit at least 2 weeks before the procedure. It is best to quit 6 to 8 weeks before surgery. Also, your body will heal much better if you do not smoke after the surgery.

Other Considerations
Plan for your care and transportation after the procedure and during recovery at home.
Before the procedure tell your health care provider if you have had any kidney problems or reactions to iodine-containing foods or chemicals, such as seafood or kidney contrast dye.
Before surgery, your health care provider will ask you to sign a consent form for angioplasty, bypass surgery, and angiography. Angiography is an x-ray study of the blood vessels using dye. This consent form is needed in case problems arise during the procedure and emergency surgery is needed.
You will have imaging studies, blood tests, and an electrocardiogram (ECG) before the procedure.
Someone at the hospital will shave and wash the area where the catheter will be inserted (neck or groin). This is to help prevent infection.
What happens during the procedure?
IVC filter placement is an endovascular procedure, meaning that the filter is inserted via a blood vessel. Typically, the femoral vein in the groin, or the internal jugular vein in the neck, is used.

You will be given a local anesthetic to numb the area where the catheter will be inserted. You will stay awake during the procedure, but will be sedated for comfort.

Your vascular surgeon will thread a thin guide wire through a needle inserted into a blood vessel in your neck or groin. A contrast dye will be injected into and x-rays will be taken as the dye moves through the bloodstream. Using these x-ray images, an IVC filter catheter will be advanced along the guidewire to the location of the placement. The IVC filter is then pushed through the catheter and deployed in the desired location. Once complete the catheter is then removed.

What happens after the procedure?
You will go back to your hospital room and rest in bed for 12 to 24 hours. You will most likely be able to go home the next day. You can usually resume normal activity within a day or two. Your doctor will let you know when you can return to work.

What are the risks?
You may have an allergic reaction to the local anesthetic or x-ray dye.
You may bleed a lot and need medicine or a blood transfusion.
The vein may be damaged. For example, the vein might be perforated during the procedure. Emergency bypass surgery or repair of the perforation (hole) would then be needed.
Although rare, the IVC filter itself may cause clots to form.
The IVC filter may shift following surgery, which would require that it be captured and repositioned.
Clots can still bypass the filter causing pulmonary embolism, however the risk is significantly reduced.
There is a risk of injury to the neck or groin where the catheter was inserted.
There is risk with every treatment or procedure. Talk to your surgeon for complete information about how the risks apply to you.

How can I take care of myself following surgery?
Do not smoke.
Eat a healthy diet that is low in fat and cholesterol.
Exercise according to your health care provider s recommendation.
Keep your appointment for your scheduled post-discharge office visit.
When should I call my health care provider?
Call your health care provider right away if:

You have chest pain.
You have constant or worsening pain or numbness in your arm or leg.
You have a fever.
You have shortness of breath.
Your leg becomes blue and cold.
You have bleeding, excess bruising, or a lot of swelling where the catheter was inserted.

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

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