Tag Archive for: Ft. Lauderdale attorney

Boating Accidents Lawyer Miami FL

Suing for Boat Accident Injuries in Florida

/in /by

Every year, the U.S. Coast Guard gathers statistics on recreational boating accident reports filed by boat operators. Every state submits accident report data to the U.S. Coast Guard. According to statistics compiled annually by the Coast Guard, in 2015 recreational boating caused:

4,158 accidents;
626 deaths;
2,613 injuries; and
Approximately $42 million dollars in property damage.

The top five factors contributing to boating accidents were:

Inattentive boat operators;
Inexperienced operators;
Improper lookout;
Machinery failure; and
Excessive speed.

Other major causes of boat accidents include:

Capsizing;
Overloading or improper loading;
Man overboard;
Ignoring weather;
Unsafe fuel practices;
Passenger/skier behavior;
Weather;
Reckless operation;
Failure to yield;
Congested waters;
Hazardous waters;
Alcohol use; and
Carbon monoxide poisoning.

Accidents can and often do cause serious injuries. When someone is injured he or she may need to sue the boat owner and/or insurance company to recover medical costs, lost wages, and other expenses incurred while recuperating from an accident.

Boating legal requirements

In many states children as young as 12 are legally permitted to operate personal watercraft. The type of vessel and magnitude of its power may be limited for minors, but the fact remains that people considered too young to operate a motor vehicle on land are allowed to operated motorized watercraft.

The great majority of states have laws requiring that boat operators attend a safety course before being certified and being granted a license to operate watercraft. Also, most states and the federal government require that boat accident be reported.

Florida law mandates that a person convicted of a criminal violation or a non-criminal infraction resulting in a boating accident or two non-criminal infractions within a 12-month period must successfully complete education requirements. Until the requirements are met, the person is prohibited from operating a boat. Any violation of the law can result in a conviction a second degree misdemeanor.

Accidents Must Be Reported

Federal law requires the operator or owner to file a boating accident report with the state reporting authority when an occurrence involving a boat or its equipment results in:

A person’s death;
A person disappearance from the vessel under circumstances that indicate death or injury;
A person’s injury that requires more medical treatment than first aid;
Damage to vessels and other property totaling $2,000 or more; and
The destruction of the boat.

Florida accident reporting laws require that a boat operator involved in an accident report the accident to either Florida Fish and Wildlife Conservation Commission, the sheriff of the county where the accident occurred, or the police department of the municipality in which the accident occurred when the accident causes:

A death or disappearance of a person;
An injury causing a person to require medical attention beyond first aid; or
Damage to the vessel and other property of $2,000 or more.

An operator involved in a boating accident must:

Stop his or her boat immediately at the scene of the accident;
Give assistance to anyone injured in the accident unless the action would endanger his or her own vessel, crew, or passengers; and
Give in writing his or her name, address, and identifying number of his or her boat to the other boat’s operator and/or owner of damaged property.

Failure to report an accident and failure to render aid are both criminal offenses.

Also, the law may impose a time period as short as 24 to 48 hours after an accident during which a report must be filed with authorities, particularly where the accident involves:

Death;
Disappearance of a person; or/and
Serious injury.

In Florida a boating accident report must be filed within 10 days of the accident–within 48 hours if death occurs or someone’s injuries are severe enough to necessitate medical treatment beyond first aid.

Reports generally require the name of the boat operator and details about the accident, including location where the accident happened, names and contact information on all passengers, losses such as injuries, loss of life, and property damages. The operator may have to summarize the facts of the incident, including date, time, place, people involved, and a description of the accident.

Leaving the Scene of a Boat Accident

Some states are enacting or strengthening boating laws to require that an operator involved in an accident stay at the scene and not leave, bringing the seriousness of and punishment for the offence up to par with leaving the scene of an auto accident.

The law in Florida requires that when a boat operator has been involved in an accident resulting in serious injury to or the death of a person, the operator must stop the vessel at the scene of the accident and remain there until medical care and/or law enforcement officials arrive.

Possible Liability

An operator involved in a boat accident may be charged with a crime such as manslaughter. The state may bring criminal charges if the operator was under the influence of alcohol or other controlled substance, if he or she operated the boat recklessly or negligently. Criminal charges can result in large fines and/or jail time if the operator is convicted.

Also, the operator could face civil liability and be found liable for medical expenses, property damages, and other losses.
Was There Negligence?
In general, personal injury law will be applied in boat accident cases. Personal injury law recognizes that where a person owes another person a degree of care and has been negligent in maintaining that standard of care, the person may be liable when the other person suffers injury.

Accident law, or personal injury law, does not require that a person intend to injure the other person. The law asks:

Did the person owe a legal duty of care to the injured party?
Did the person fail to fulfill that legal duty through act or omission?
Did the person cause an accident?
Was someone injured or harmed in the accident?

Duty of Care

With the question of negligence, the standard of care is whether the parties acted reasonably under the circumstances. Did the boat operator, for instance, make sure to equip the boat with an adequate number of safety vests? Did the owner operate the boat at a reasonable speed?

The standard is subjective, which may account for the great differences in personal injury case judgments. The jury must take into account and weigh all the variables legally presented in the case and decide whether, in the example given, the host is solely responsible, the injured party is to blame, or the responsibility should be apportioned between the two parties, depending on each person’s degree of culpability.

Damages

Compensatory and punitive damages can be awarded in personal injury accident cases. Just as fault may be apportioned between the parties, so may the damage award.

If you have been injured in a boat accident, take the time to schedule a free consultation with the personal injury attorneys at Madalon Law. We are dedicated personal injury attorneys in Ft. Lauderdale who know how to put forward the best case for you. We are based in Fort Lauderdale and serve clients throughout Florida. Contact us today!

personal injury attorney in Ft. Lauderdale Florida

Filing Suit for Birth Injuries in Florida

/in /by

One of the most joyful life events is the birth of a child. Happy parents clutch their newborns and eagerly, counting their fingers and toes, making sure all is well and intact. But sometimes a problem occurs during the delivery and the child is harmed as a result of accident or negligence. The parents are devastated and seek answers to their questions about how the injuries to their baby could have occurred and who’s responsible.

Birth injuries occur when the tissues and organs of a newly delivered child are damaged during childbirth, often caused by physical pressure or trauma. Also, they can happen as a result of improper prenatal care. The injuries can have long-term effects on the child’s cognitive ability. Negligent or incorrect medical care during childbirth may cause a birth injury. During birth, an infant can sustain broken bones, brain damage, or nerve damage.

Medical doctors are not the only health care providers who can cause or contribute to a birth injury. Nurses, health care facilities, pharmaceutical companies, and other health care services also can be liable.

Common birth injuries include:

Cerebral palsy: A condition caused by brain damage that occurs while a child’s brain is still developing, before birth, during birth, or immediately after birth.
Erb’s Palsy and other nerve injuries: Erb’s palsy is a form of brachial plexus marked by the nerves of the upper arm being affected, usually after a birth injury. Loss of feeling and weakness in the arm are common symptoms of Erb’s palsy.
Brain injuries.
Spinal injuries.
Broken bones.
Complications associated with shoulder dystocia, which occurs when an infant’s head and shoulders get trapped behind the mother’s pelvic bone during delivery. Complications from this injury can be severe. The baby may experience a collarbone fracture, difficulties when breathing, a brachial plexus fracture, or death.
Bruising and forceps marks.
Subconjunctival hemorrhage.
Caput succedaneum.
Cephalohematoma.
Facial paralysis.
Fractured bones.

Birth injuries can be the result of circumstances such as breech or otherwise difficult delivery, the size of the infant, and the narrowness of the mother’s pelvis. But the following medical errors also can contribute to the incidence of injury:

Failing to foresee birth complications when the baby is large or the mother has health issues;
Not ordering cesarean section when medically necessary;
Misusing forceps or a vacuum extractor;
Improperly using Pitocin to induce or accelerate up labor;
Failing to properly stem bleeding;
Failing to correct a trapped umbilical cord; and
Failure to respond irregularities in the fetal heartbeat or other signs of distress.

Doctor, Nurse Malpractice

Parents of a child who is injured during birth due to medical error or negligence can file a medical malpractice lawsuit again the physician, medical facility, and staff. Doctors commit malpractice when they cause injury to a patient through negligence. Malpractice can occur in the doctor’s office during consultation, examination, and treatment, or in the surgery.

Common forms of medical malpractice include:

Misdiagnosis of the patient’s condition;
Prescription error – the doctor prescribes the wrong medication or fails to advise the patient of the risks or fails to consider possible drug interactions; and
Damage or injury during surgery.

Doctors are expected to treat patients with a certain standard of care. If treatment fails to meet the standard, the doctor may be liable and have to compensate a patient.

Like doctors, nurses are responsible to their patients and must exercise a standard of care to ensure patients are treated properly and without injury.

Qualified nurses are in high demand today, and the need exceeds the supply. Nurses are required to work long shifts and work many days before getting time off. Also, medical facilities may have to hire nurses with less training and experience because their budgets only can afford these nurses’ lower wages.

As a result, the incidence of nurse malpractice is on the rise. The most common areas of nurse malpractice are failure to:

Minister the correct drug or dosage;
Properly supervise a patient;
Properly monitor a patient’s condition;
Follow the doctor’s orders; and
Use certain medical procedures.

Filing a Lawsuit

If your baby was injured as a result of negligence by your doctor, nurse, hospital or other service provider, contact an attorney soon. State laws impose a limited period during which you can make a claim for your injuries. These statute of limitations typically run one to three years from either the date of the injury or the date when the injury should have been discovered.

Before filing a claim for birth injuries, consult with a lawyer to ensure that you have a viable case. Ask whether:

You had an established doctor/patient relationship established when the injury took place – if the physician delivered your baby, then a doctor/patient relationship was established;
The doctor was medically negligent while treating you; and
The negligence resulted in the birth injuries

Establishing medical malpractice involves proving complex medical and legal issues, which likely will require the consultation and testimony of expert witnesses. An attorney experienced in medical malpractice cases can arrange for expert evaluation of your condition and testimony on your behalf.

Florida Statute of Limitations

In Florida, the statute of limitations for birth injury cases is two years from the time of the injury or within two years of the time the injury reasonably should have been discovered. At the utmost, you must file your birth injury lawsuit within four years of the injury no matter the circumstances. A lawsuit for infant wrongful death must be filed within two years of the date of death.

If the lawsuit is successful, you may be awarded compensatory damages that include payment of all medical expenses, pain and suffering, disability and disfigurement, loss of a normal life and loss of future earnings.

An attorney can work with you to investigate the circumstances of your case and help you document the injuries and their effects. A lawyer can ensure your child receives the competent medical attention he or she needs.

If your baby has suffered birth injuries, call us today for a free consultation with the personal injury attorneys at Madalon Law. The attorneys at Madalon Law are experienced Ft. Lauderdale medical malpractice attorneys who handle birth injury compensation claims and will put forth the best case for you. We are based in Fort Lauderdale and serve clients throughout Florida.