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The medical malpractice lawsuit filed by the family of a young woman who suffered brain damage while receiving out-patient hospital care was almost over as soon as it began.

Defense attorneys in the case of Milliun v. New Milford Hosp. had argued – successfully at first – that the plaintiffs had failed to produce the kind of expert witness testimony and evidence that would have adequately proven a causal link between the hospital’s treatment and the patient’s death. The trial court rendered a summary judgment in favor of the defendant, finding that the plaintiff failed to offer the requisite expert testimony that would be required. The appellate court, however reversed on the grounds that the trial court failed to admit certain medical records from treating doctors as evidence from experts of opinion on causation. The Connecticut State Supreme Court affirmed the appellate court’s ruling.

Similar to the underlying principal in the Miliun case,Lauderhill medical malpractice attorneys know that, perFlorida Statute 766.102 any person claiming negligence of a health care provider has the burden of proof. The plaintiff has to show that the prevailing professional standard of care for any given health care provider was breached. This means showing that the injury was not within the reasonably foreseeable or necessary results of any given medical procedure. In order to reach that burden of proof, expert medical testimony will be required.
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New Year’s Eve has long been notorious for parties and car accidents.

Everyone wants to have a memorable night and alcohol often plays a big part in the activities, as it does throughout the entire holiday season. However, safety is a must when participating in the festivities. Whether you’re staying in and celebrating with friends and family, or you’re traveling to a party or city bash, following a few safety tips will ensure that you see the clock strikes midnight, and safely ring in the New Year!

One of the biggest concerns of New Year’s is the risk for alcohol-related car accidents. Many people believe that New Year’s Eve is the night when the most drunken driving accidents occur but they are wrong; New Year’s Eve runs a distant second to the holiday that statistically has the largest number of drunk-driving fatalities — Thanksgiving. While New Year’s might not be ranked as number one, there are still hundreds who lose their life on this celebratory night because of irresponsible decisions.

Our Port St. Lucie personal injury attorneys understand that more than motorists need to be concerned with their safety on New Year’s. Pedestrians and bicyclists also need to be cautious of the travelers around them. Aware traveling may be your saving grace when it comes to dodging traffic.
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It may take days, and sometimes even weeks, after suffering a concussion before you feel like you’ve fully recovered. But pictures of your brain may say otherwise.

According to the Smithsonian, there’s a good chance that lingering abnormalities may be detectible by MRI as long as four months after a concussion. A new study published in the journal Neurology shows us just how serious and complex the healing process can be — even for a mild concussion.

Our Jupiter personal injury attorneys understand that behavioral symptoms typically heal more quickly than physiological injuries in the brain. There are many factors that play into the healing process of a concussion, including severity of injury, victim age, how healthy they were before the concussion, and how they take care of themselves after the injury. Ignoring your symptoms and trying to “tough it out” often makes symptoms worse. Be patient because healing takes time. Only when your symptoms have reduced significantly, in consultation with your health care professional, should you slowly and gradually return to your daily activities, such as work or school.
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Officials with the National Highway Traffic Safety Administration (NHTSA) recently announced that the final rule has been issued to make sure that all seats on new motorcoaches and large buses are equipped with seat belts. The new rule was created to increase the safety of these vehicles by helping to reduce the risks of death or serious injury in the event of a frontal crash and to help to reduce the risk of occupant ejection during a rollover accident.

“Today’s rule is a significant step forward in our efforts to improve motorcoach safety,” said U.S. Transportation Secretary Anthony Foxx.

Our personal injury attorneys in Vero Beach know there is, on average, 8,000 motorcoach occupants injured each year in traffic collisions. Officials believe that the requirement of seat belts on these vehicles will help to reduce the risk of passenger death by nearly 45 percent and the risk for severe injury by close to 50 percent.
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There are 48 states with laws requiring children over the age of 3 be restrained in a booster seat. Unfortunately, Florida is not one of them. It seems that our state has lagged behind in creating booster seat laws for our youngest passengers. Some state representatives are working to enact a booster seat law that would make automobiles and roads safer for child passengers.

Safety rules and regulations are always evolving to meet the needs of motorists and their child passengers. It can often take regulators time to catch up, even when recommendations and trends are clear. Our Fort Lauderdale child injury attorneys are dedicated to public health and road safety. We also stay abreast of national trends and are committed to raising awareness in our own state to prevent future accidents and injuries.
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In the event of an accidental death, on the road, on the water, a construction site, or private property, the cause of the fatality must be investigated. When an accidental death is the result of individual or organizational negligence, the victim’s family can bring a wrongful death lawsuit against responsible parties. After three powerboat racers died in an offshore race in 2011, the families of the victims are now bringing separate wrongful death lawsuits against the organizer of the race and other affiliated defendants.

After a wrongful death, families want answers, but they also want to move on. While a wrongful death action cannot bring back a loved one, it does help to ensure that responsible parties are held accountable. For many families the financial compensation is also necessary to regain security and begin to move forward after an accidental death. Our Fort Lauderdale boating accident lawyers are experienced in the investigation and pursuit of wrongful death claims against negligent individuals and entities.
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Sinkholes have been a problem for developed areas in Florida for decades. What is a sinkhole? A sinkhole is a natural depression or hole in the ground caused by the collapse of ground surface layers. A sinkhole can be caused by chemical dissolution or collapse caused by man-made activities, including the collapse of a mine. Sinkholes are formed by the gradual removal of surface layers and may open up to a cave-like space underground. Many urban sinkholes are caused by natural water drainage and weather patterns.

After an injury or death caused by failed maintenance or a dangerous property defect, victims or their families can bring a claim against negligent individuals or entities. Sinkholes have become a problem throughout the state of Florida resulting in multiple injuries and death. Our Fort Lauderdale premises liability attorneys are experienced in the investigation and pursuit of claims involving property owner negligence. In the event of a sinkhole injury or accident, can you hold the property owner liable? Who is responsible in the event of a catastrophic or deadly sinkhole?

The cause of a sinkhole may be difficult to determine, but in Florida they can cause significant property and personal damage. If you were injured by a sinkhole while on private property, you may be able to take legal action against the homeowner, depending on the circumstances. Under premises liability theory, homeowners have a duty to ensure that proper is safe for those who enter. If a homeowner had warning signs that the foundation was shaky or that there was a sinkhole, the homeowner may be responsible for any injuries or death.

Further complicating matters, many homeowners insurance policies exclude sinkholes as a cause for recovery.
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Sadly, reports of mass shootings have become commonplace news nationwide. Recently, some mass shootings have even failed to make a headline. As law enforcement agencies gear up for criminal proceedings after an attack, victims and their loved ones will try to restore their lives. In some cases, a shooter will take his own life in the act. Regardless of whether the shooter survives or is convicted and sent to prison, victims and their families want answers. While a criminal investigation and prosecution can relieve some pressure in a community, many of those affected by a tragedy will still ask, why did this happen? How could it have been prevented? Who is at fault?

Theories of liability
In the event of negligence, recklessness, or even intentional homicide, an experienced advocate can investigate to determine the cause of injury or death and identify responsible parties. Our Fort Lauderdale wrongful death lawyers are experienced in handling complex injury cases and pursuing full benefits on behalf of victims. Mass shootings and the associated liability remains a developing area of law.
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A local worker was severely injury and rushed to the hospital after being struck by a collapsing beam on a construction site in a Fort Lauderdale fall accident. According to CBS Miami, it happened at the construction site at 109 S. Gordon Road. Workers there were constructing a two-story home at the time of the accident.

The injured worker was pouring concrete when the board that he was using to stand on gave way. On scene, there were Fort Lauderdale firefighters. The man fell close to 30 feet. He was transported to the Broward Health Medical Center.

Out of close to 4,000 worker fatalities in private industry in calendar year 2012, 775 (or close to 20 percent) were in construction. The number one cause of these fatalities on construction sites across the nation were falls, struck by object, electrocution and caught-in/between accidents ( These incidents have been dubbed as the “Fatal Four” and were responsible for close to 60 percent of construction worker fatalities in 2012). Getting rid of these risks would help to save close to 450 workers’ lives across the nation each and every year, according to the Occupational Safety and Health Administration (OSHA).
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As the clocks are set back one hour and the fall light turns to early dusk and dark, drivers are at a higher risk of night time accidents. In addition to reduced vision, drivers may also suffer drowsiness and reduced awareness when driving at night. While the risks of night time driving are well-documented, new headlight systems are being explored to improve vision and night driving safety.

Accidents are often the result of negligence and unpreventable; however, there are some safety features that can help keep you and your family safe. Our Fort Lauderdale personal injury attorneys are dedicated to driver and vehicle safety. We are abreast of current safety and market trends to help you when making the decision to purchase a vehicle. In the event of an accident our legal team can investigate the facts, identify responsible parties, and pursue compensation on your behalf.

The Lighting Research Center at Rensslaer Polytechnic Institute is developing new headlight systems to improve vision and prevent accidents and injuries. Reports indicate that even though night driving increases the risk of accidents, most U.S. roadways do not have appropriate lighting to keep drivers and their passengers safe. Many city, state, and other local governments are having difficulties paying to install and maintain road lighting. Despite the lack of funding to improve lighting conditions on American roads and highways, it is unlikely that the proportion of nighttime driving will go down anytime soon, especially in today’s economy which requires workers on the job 24-7.
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