Glick Law Firm, P.A.

Does Unsatisfactory Surgery Constitute Medical Malpractice?

2009-05-29T10:54:00.000-04:00

Whether or not your disappointing surgical outcome would constitute medical malpractice depends upon your surgeon, his staff, or someone under his supervision having been negligent in performing their duties. Furthermore, this negligent act would have to have been the cause of the unsatisfactory surgical outcome. One such negligent act would be the surgeon’s failure to fully inform you of the possible consequences of surgery and his failure to obtain your written informed consent. This is usually a form they present you before surgery.

For example, if the anesthesiologist failed to wash his hands and follow other infection control precautions, but there were no adverse affects from his negligence, nor did this affect your unsatisfactory outcome, you would probably not have sufficient cause for a case against him.

If your doctor promised satisfactory results in writing, he may have made a careless mistake in promising what he can’t always deliver, but this would probably not constitute malpractice. But, you might be entitled to a settlement (i.e., refund of any payments you made, hospital costs, loss of income,) depending upon how much he promised.

Unsatisfactory surgery is a broad description. There are many considerations that would determine if it constitutes malpractice, such as:

• Were you informed and give informed consent with full knowledge of the possibility of unsatisfactory outcomes?
• What was the expected outcome for you having this surgery, at this time?
• Were your expectations unrealistic.
• Did you contribute to causing the unsatisfactory results (e.g., not truthful with your doctor, withholding key information that affected the outcome.)
• What kind of surgery did you have?

Because there are too many possible scenarios that determine malpractice you need the advice of an attorney experienced in malpractice claims. If you would like more information or a free consultation please contact Glick Law Firm, P.A. in Boca Raton, Florida today.

What Types of Medical Malpractice Occur?

2009-05-25T10:55:00.000-04:00

The basis of all medical malpractice claims is the failure to perform primary duties standard to the practice in question. These are the failure to diagnose, misdiagnosis or delayed diagnosis; failure to treat or giving inappropriate treatment; and failure to obtain informed consent. Within these definitions there are many possible errors or negligent acts that constitute medical malpractice.

Failing to diagnose serious conditions such as cancer, heart attack, or appendicitis have resulted in some of the highest settlements.

Surgical errors, such as amputating the wrong limb, or leaving surgical instruments inside the patient are beyond acceptable excuse. When setting acceptable thresholds for error, certain procedures require 0% error tolerance. Errors such as these, along with blood transfusions are among those that are easy to prevent and can occur only under negligent conditions.

Anesthesia is the most dangerous aspect of surgery. People have reported being conscious, and even feeling pain during surgery while still being physically anesthetized (immobilized.) Others have died from over-sedation. And others have had serious after-effects from anesthesia. Symptoms include weakness, temporary paralysis, pain and muscle spasms, among others. Patients who have taken St. John’s Wort and other herbal remedies can experience bad interactions with anesthetic gasses, including malignant hypotension–an irreversible drop in blood pressure usually leading to death.

Obstetrical errors can include delaying a Cesarean section resulting in injury to or death of the mother, or any of several possible permanent birth injuries to the baby.

The emergency room (ER) is a particularly disturbing place for an act of malpractice to occur. It is in this unique area a patient is totally dependent upon the skills and judgment of specialized personnel. It is not uncommon to find people waiting for hours in an ER with injuries or illness worsening rapidly. It’s not uncommon for patients to have their complaints dismissed out-of-hand when the ER is busy, or if a patient has the words “anxiety,” “anxious,” or anything that suggests they may be exaggerating their condition, seeking attention, or are a difficult patient for any other reason.

It’s not uncommon in an emergency situation for care providers to be working quickly and make a mistake. This is even more likely if there are multiple victims and staff is spread thinly or supplies running low.

Medication errors are among the most common errors of all. Medication errors are made every day, and many are not reported. The Institute of Medicine reports an annual death rate from medication errors was 7,000 persons (averaging 19 per day!)

For a free consultation on medical malpractice please contact Glick Law Firm, P.A. in Boca Raton, Florida today.

What Are Hospitals Doing to Avoid Infections?

2009-05-19T10:53:00.000-04:00

Infections occur despite federal and state regulations and guidelines designed to prevent them. These guidelines cover hand-washing techniques, washing before and after visiting every patient, wearing gloves and other protective gear, isolation procedures, equipment sterilization, laundry, housekeeping services, plates and eating utensils, and other preventive measures.

Preventing hospital-acquired infections has long been a major requirement for all medical facilities. Smaller hospitals have at least one person responsible for infection control, and larger hospitals have a dedicated infection control department. These departments receive reports of all infections in the facilities under their governance, and investigate the causes of, and follow-up on all hospital acquired infections.

Infection control also ensures that all hospital employees are trained in “universal precautions,” the most common infection control policies and procedures, and document their competency in performing these. Employees in specific areas such as surgery, isolation units, emergency care, pediatrics, nurseries and other units that have unique factors to consider (i.e. sterilization of implements,) are trained in the cleaning and preventive techniques specific to those areas.

Patients with known transmissible diseases, such as methycillin resistant Staphylococcus Aureus (MRSA), are placed in isolation, and everyone who enters the room must cover their bodies completely, with gown, gloves, booties, mask and head cover. These items are removed and discarded and the employee or visitor can wash their hands in an alcove before exiting to the hallway.

Despite these infection-specific preventive efforts, hospital-acquired infections still occur. According to a December 2007 article by the Mayo Clinic staff 1.7 million infections are associated with the delivery of healthcare, and implicated in 99,000 deaths annually. For those who survive the infection, the effects of these can have serious consequences for many people. A few of these include recurrent infections, scarring, pain, secondary impact on other health conditions, increased medical costs, loss of work, or disability.

Humans are fallible, and occasionally make mistakes. Others are just careless. Sometimes the protective equipment is flawed and fails to protect from infection. If you or a loved one acquired an infection from a hospital stay, or visit, please contact Glick Law Firm, P.A. in Boca Raton, Florida for a free consultation.

What to Do In A Hit And Run Accident

2009-04-29T10:50:00.003-04:00

There are a number of actions you can take if you’re a victim of a hit and run accident. Because the other driver has “run” your work may be a bit more difficult, but not necessarily impossible. The law is on your side–in Florida it is a felony to leave the scene of an accident that you were involved in.

Call 911 immediately and report any injuries so that medical care is available as soon as possible. If possible write down as much information as is available:

Describe the vehicle that hit you, especially the license plate number, but make, model, year and color of the vehicle is important.
Note whatever details describe the driver,
Get the names and contact information of all witnesses, police officers, tow companies and drivers, and anyone else present. Make a note of any comments they make.
Write down the location of the accident, time of day, weather conditions, light conditions (if at night were there street lights, well or poorly lit, etc.)
Describe the events leading up to the accident, as much as you observed.
Was there a stoplight or stop sign, yield sign, one-way street, or any other traffic control signs.
Any injuries to you, your passengers or bystanders.
Any damage to your vehicle, possessions or property outside the vehicle.
Because you have to move your car from the scene as soon as possible, note where the car was and it’s position, the location of broken glass, metal, hub caps, etc. Take pictures if you have a camera or camcorder.
Any other factors that you remember. They may or may not be important, but assume that they will help your make your case and help get you a damage award.

It’s always a good idea to keep a camera in your car. Even an inexpensive, disposable camera will take pictures good enough to preserve evidence that will get swept away. Take pictures of everything that you see, including car damage, breakage (glass, headlights, etc.,) stop signs, witnesses, location of things in relation to one another, potholes, oil slicks, and anything that might help describe the event or scene.

An officer will come to take a report. If he is able to get the name of the person to whom the other vehicle is registered or licensed ask for that information, as well. You will be able to get a copy of the report when it has been filed, but that may be a few days.

After seeking medical care, or at least an examination, you should notify your insurance company, and then seek legal counsel. Once you have the police report, contact the Florida Department of Financial Services, the state’s department of financial responsibility

You may not be able to get all of this information, or even find out who hit your vehicle. A good accident attorney, such as Brian Glick of the Glick Law Firm, P.A. may be able to help. Please contact the Glick Law Firm, P.A. in Boca Raton, Florida for a free consultation.

Drinking and Driving Under the Age of 21

2009-04-22T10:17:00.000-04:00

Every state has “Zero Tolerance” laws that target drivers under the age of twenty-one (21) years. Zero tolerance means that an underage driver with a blood alcohol concentration (BAC) higher than 0.08 can be penalized. The BAC level for drinking and driving under the age of 21 in Florida is 0.02%.

Driving Under the Influence (DUI) carries several possible penalties ranging from suspending your license, vehicle confiscation, alcohol education/treatment/assessment, installation of an ignition interlock device that that prevents the vehicle from operating if it senses a BAC level over 0.02%, fines, community service or jail time. Second and third DUI offenses incur even harsher penalties and fines. It’s no surprise that the most severe penalties will be imposed on any DUI offender involved in an accident that causes an injury or death.

With penalties this severe for drivers twenty-one years of age or older whose BAC is .08% or more, it’s worth thinking twice about underage drinking. Such penalties can be imposed after drinking as little as ½ of a standard drink made with one ounce of alcohol, or four to six ounces of beer (depending upon the alcohol content of the beer.) That’s only a few “gulps.”

The law assumes implied consent to test for BAC. If you suspect you’ve been in an accident with an under-aged driver who has been drinking ask the officer to test the youth, at the scene, with a Breathalyzer.

You are well advised to speak to an attorney, as well. Please contact the Glick Law Firm, P.A. in Boca Raton, Florida for a free consultation.

Most Common Causes of Car Accidents

2009-04-20T10:14:00.000-04:00

With traffic accidents being the leading cause of death between ages two (2) and thirty-four (34), it’s important to know how to avoid becoming involved in an accident.

Many of the safety improvements automakers build into their vehicles have helped reduce the number of fatalities on the highways. But, these are not the only factors, as drivers are ultimately responsible for making decisions about how they handle their vehicles.

According to NHTSA, “Real world data on how crashes occur is limited and not statistically reliable for large populations.” Their emphasis is on prevention, and they are currently doing research to isolate causes and way to prevent crashes. Other causes of accidents according to NHTSA’s National Motor Vehicle Crash Causation Survey include:

• Distractions, including cell phone use
• Aggressive behavior
• Cargo shift (heavy loads moving within the vehicle)
• Driver decision
• Driver fatigue
• Driver inexperience
• Driver performance
• Driver physical condition
• Driver stress
• Drugs and alcohol
• Roadway
• Speed
• Distance
• Surveillance
• Traffic
• Vehicle condition
• Weather or other environmental factors
• Vision

A competent attorney will investigate all possible contributing factors to an accident that can justify your claim and win for you a settlement that will cover the costs of your losses, injuries and other damages. Please contact experienced accident attorney, Brian Glick, of the Glick Law Firm, P.A., in Boca Raton, Florida for a free consultation.

What Should I Do If I Suspect Medical Malpractice?

2009-03-24T15:21:00.001-04:00

If you suspect that you are a victim of medical malpractice, you need legal advice before you do anything. Contact an attorney who will advise you what you can and can’t talk about, and with whom you can or can’t talk about your case. What you shouldn’t do is discuss your suspicions with anyone, as you may compromise you case by doing so.

Medical malpractice can be determined only after doing an in-depth and complicated investigation of the facts surrounding the suspected incident. Such an investigation requires knowledgeable legal professionals who have the expertise to gain access to the required medical records, witnesses and facts.

You can help your lawyer by carefully organizing any information you have that supports your suspicion, listing witnesses, dates and times of significant events. Carefully note any outcomes of care and treatment, diagnostic test results and how these affected, or did not affect you. If your doctor or practitioner explained why you were ordered a particular test or treatment, make a note of that and any other comments he or she made.

If you did seek, or plan to seek, continued care or a second opinion from another provider do so in a way that doesn’t involve the suspected practitioner. A good second opinion is a fresh one that is not influenced by another practitioner’s opinion. If the second practitioner knows that you received a diagnosis (or a misdiagnosis) or care from another practitioner, he will want those records. It is better that your other provider not know about your previous provider.

Please contact Glick Law Firm, P.A. in Boca Raton, Florida if you have reason to believe your care has been compromised by medical malpractice.

What is Medical Malpractice?

2009-03-24T12:56:00.000-04:00

Medical malpractice is another term for medical negligence. The standard criteria for determining malpractice–misdiagnosing, failing to diagnose, failing to treat or treat appropriately, or delaying treatment inappropriately–is established by delving into the specifics of what actions led to those errors.

We’ve all heard the phrase, “practicing medicine without a license”–usually in reference to someone’s coffee-break diagnosis. Most of us realize that the accounts payable clerk really isn’t qualified to recommend treatment for the nagging pain we mentioned during break, and take such advice with caution.

But when a licensed health care provider administers care, treatment, or even gives advice outside their legally defined scope of practice, they may be flirting with malpractice or negligence. The average person wouldn’t know that they are acting outside their legal scope of their license.

All licensed health care practitioners have a duty to act in accordance with accepted clinical practice guidelines and within limits specified by their state licensure. These guidelines define their scope of practice and the specific treatment and diagnostic options that are within that scope of practice.

Some practitioners, such as nurse practitioners and physician’s assistants can write prescriptions and order diagnostic testing or therapy while working under the direction of a physician. Other practitioners, for example respiratory therapists, nurses, pharmacists and other licensed health care providers are limited to administering care ordered by doctors, nurse practitioners and physician’s assistants.

An exception to this might be where practitioners are following facility policies, approved by the medical staff (physicians) to initiate care according to “therapist driven protocols.” This type of protocol allows other practitioners to prescribe treatment and sometimes, medications under specific circumstances. Determining whether a practitioner is negligent will be based not only on clinical practice guidelines and their scope of practice, but also, may include facility policies as well.

The process of determining malpractice can be very complex. With so many variables to consider, you should consult a professional malpractice attorney to determine whether an error made by a health care practitioner is, indeed, malpractice. Please contact Glick Law Firm, P.A. in Boca Raton, Florida if you think your care has been compromised by medical malpractice.

How Long Do I Have to File Medical Malpractice?

2009-03-14T15:23:00.000-04:00

The simple answer is two years, although exceptions may extend it to four years. In actuality, there is no simple answer.

Florida’s statute of limitations for filing a medical malpractice claim is two years from the date of the event that caused the injury, or the date the injury was or should have been detected. Because of the extension of time that could be included in the “should have been detected” clause, there is a maximum of four years following the act or event that caused the injury.

Because an injury might not be detected for a considerable amount of time after the initial causative act, it’s always a good idea to keep a copy of your medical records in your personal files. If you are undergoing a lengthy treatment or complicated and drawn out diagnostic testing phase, keep a diary of all practitioners seen and get a copy of your medical records from each, including labs, therapy, x-rays and pharmacy prescriptions.

Having these records on hand makes it easier to establish your history with any new doctors or therapists, so, it is a perfect reason for asking for them without creating suspicion. In the event that a problem arises later, you have a copy of most or all of your records in case anything mysteriously disappears from one of your medical records files at the practitioner’s office.

Because there is no simple answer, and the exceptions can make a huge difference in the time you have to file your claim, please contact an experienced malpractice attorney at the Glick Law Firm, P.A. in Boca Raton, Florida as soon as possible.

What Is Medical Negligence/Malpractice?

2009-02-24T13:28:00.000-05:00

Medical malpractice, also known as medical negligence, is the failure of a licensed medical practitioner to meet the current standards of practice that prevail in his or her profession. These standards of practice define the guidelines and criteria for administering all medical treatments or diagnostic tests, and are specific to each field of practice.

Three examples of medical negligence are:

Misdiagnosis, failure to diagnose
Failure to provide appropriate treatment
Delayed treatment of a known condition

Every medical profession has standards of practice associated with the duties and expectations specific to that group of licensed professionals. In addition to doctors, this includes nurses, psychotherapists, counselors, and all other licensed medical professionals.

Negligence can be either an act of omission or commission.

Omission means that the doctor (or some other healthcare professional) did not take the appropriate action. He may have misdiagnosed, failed to diagnose, or failed to provide treatment or diagnostic testing appropriate to the condition. He may also have delayed treatment or testing without good reason, allowing a condition to worsen, or even just prolonging a patient’s suffering. He may have failed to order the appropriate treatment or prescription, or may have dismissed a patient’s medical complaint as anxiety or hypochondria.

Commission means that the doctor or some other medical professional took inappropriate action, and by his action caused injury, damage or death. This could be anything from leaving implements inside a patient after surgery to amputating the wrong body part, or prescribing the wrong treatment or medication. It could be making a wrong diagnosis in the presence of lab or other test results that indicate differently, or trying a riskier new and un-established treatment before trying reliable and well-established treatments.

Medical negligence is a very serious error that can cost someone their life or cause lifelong complications. Please contact Glick Law Firm, P.A. in Boca Raton, Florida if you or a loved one has been victimized by medical negligence.

What to Do If You Are Over-medicated

2009-02-20T12:05:00.001-05:00

If you were over-medicated while hospitalized, during surgery, recovery, or otherwise under the full care of a medical professional or facility, you would have to show that you were over-medicated and that over-medication caused an injury, complication, or other loss to you, either temporary or permanent. Depending upon the consequences of the overmedication, you may or may not have a case to file a malpractice claim.

Who administered the medication? Medication administration by a nurse is governed by a standard guideline referred to as the “five rights,” and the more recent “seven rights.” This information will be included in your medical record and is “discoverable” by your attorney. If documented honestly, it will state the medication that was given and will indicate if it was the:

Right medication
Right dose
Right frequency
Right route
Right patient

The “right documentation” is defined by “five W’s.” These summarize the first “six rights” by requiring the nurse to document:

When the medication was given (date and time)
Why it was given (justified by an assessment of symptoms, complaints, lab work, etc.)
What was given (include the medication name, dose)
Where it was administered (routes such as IV, by mouth, injection, etc.)
Was the medication helpful, tolerated well, problematic, etc.

If you were over-medicated by a prescription you are taking at home, check your label to be sure it matches what the doctor told you he was going to prescribe. Be sure you are taking the medication as prescribed. Read the enclosed warning sheet that describes the medications actions, interactions with foods and other medications, side effects and contra-indications.

Contact your doctor if you suspect your prescription is too strong, or is reacting with another medication or food. Be sure your doctor and pharmacist know about any over the counter or homeopathic remedies you are taking, as these often interact in unpredictable ways.

If you think you have been injured by being over-medicated, a medical malpractice lawyer can determine whether you have a case for a lawsuit. To learn more about medical malpractice claims in Florida, please contact Glick Law Firm, P.A. in Boca Raton, Florida today.

My Doctor Admitted Error; Do I Have a Case?

2009-02-09T12:03:00.000-05:00

Not every error results in damages or losses, so the first question you would have to answer is whether or not you suffered any loss, injury or damage as a result of your doctor’s error. If not, there would be no basis for a lawsuit. If so, the next question, of course, would be the type and extent of those losses, damages or injuries.

The doctor’s error, also, would have to qualify as medical malpractice or medical negligence, defined, basically, as not meeting the accepted or governing “standard of practice.” Your doctor’s negligence, or failure to meet those standards, would have to be the cause of the patient’s injury or death.

Standards of practice are established by many different sources. Some are made by regulatory agencies, others drawn from scientific research providing evidence that a specific diagnostic treatment or test is the most appropriate to treat a specific disease or set of symptoms, or to make a specific diagnosis. Others are established by professional associations that base their guidelines on accepted practices, regulations, research or other documentation supporting the appropriateness of such standards.

Other evidence of standards is usually found in a facility’s policies and procedures. These common organizational guidelines usually reflect how the governing standards are to be performed, adapting to the specific conditions provided by that facility. They often describe how to perform a procedure using the specific equipment or supplies that are used in the facility.

There are other considerations in determining whether you have a case. Florida law may reduce an award to a plaintiff by the degree to which the plaintiff was at fault. If, for example, the plaintiff contributed to the error 10%, his award will be reduced by 10%. Also, the two-year statute of limitations for medical malpractice claims may disqualify your claim if you act too late.

For a free consultation to determine whether your case qualifies to file a malpractice lawsuit, please contact a medical malpractice attorney at Glick Law Firm, P.A in Boca Raton, Florida.

What to do if the other driver is uninsured

2009-01-30T11:45:00.000-05:00

Florida is a no-fault insurance state, which means that the driver’s own insurance pays for “first-party” benefits and minor injuries received from a motor vehicle accident. There are also restrictions concerning what the injured party may sue for.

If you are an insured driver under Florida law your coverage includes Personal Injury Protections (PIP) coverage, which covers damages and injuries caused by an uninsured motorist, when you are not at fault, up to a $10,000 limit. PIP limits may be insufficient to cover all of your losses.

If your injuries meet the Florida criteria for severity, based upon death, significant disfigurement or medical bills, you may be entitled to sue the uninsured motorist for losses. Certainly, it’s advisable to keep track of any expense associated with the losses, injuries and damages you’ve suffered from an accident. Also, keep track of dates expenses were incurred, receipts, names of people associated with these expenses (doctors, repairmen, replacement of any item such as glasses or other property damaged in the accident) and a description of how that person or expense related to the accident.

It is important to consult with an attorney as soon as possible. He can offer additional instructions or advice that you can follow beginning soon after the accident that may further protect your rights in this situation.

Knowing there are so many uninsured motorists on the roads, you should, if possible, get uninsured/underinsured motorist (UM) insurance. You can also get bodily injury (BI) and additional medical coverage (MP) as well as other coverage to fill the gap left by less responsible drivers.

If you have had an accident with an uninsured or underinsured motorist, please contact our experienced accident and injury lawyer at Glick Law Firm, P.A. in Boca Raton, Florida for a free consultation.

Car Accident Lawsuits

2009-01-30T11:43:00.001-05:00

Anyone who’s been involved in an accident knows that you have to make some critical decisions, as well as statements, immediately, at a time when you may not be thinking as clearly as you should. Statements you make in a state of confusion, fear, or anger can come back to haunt you, so say as little as possible.

Sometimes injuries aren’t apparent immediately after an accident. They may develop over several days time. Telling an officer or someone else that you are not hurt may not be accurate but will be documented.

To make matters worse, there is much you need to learn about the legalities and consequences of your accident and any injuries that resulted. While you have only four years to file a lawsuit under Florida’s statute of limitations, bear in mind that other parties involved in this accident also have four years to file a lawsuit. The full cost of someone’s injuries may incur over a lifetime, beyond the time allowed to file a lawsuit. If you are the injured party you will want to have your rights protected from the moment of the accident.

By seeing an attorney as soon after the accident as possible, you will be taking steps to collect and preserve evidence that may otherwise disappear. This evidence could be used to establish your claim or to protect you if a claim is filed against you. Since evidence begins to disappear as soon as the vehicles are moved from the scene, shortly after the accident occurs, statements documented by the officer are often the most complete information available regarding the accident. A good accident and injury lawyer can do much to preserve evidence that protects your rights to compensation.

There are several steps you can take to protect your interests and rights. Our Auto Accident Questions page offers some sound advice. For a free consultation concerning your specific claim, please contact our personal injury attorney at the Glick Law Firm, P.A.

What are the most common car accident injuries?

2009-01-30T11:31:00.000-05:00

A study by the National Highway Traffic Safety Administration’s (NHTSA) study on accidents was published in November 2007, analyzing the results of driver injury data from 1993 through 2004. The study broke accident injuries by several categories:

• Age (4 age groups)
• Sex
• Minor-to-serious injuries vs. severe injuries
• Rollover accidents
• Non-rollover accidents
• Frontal, rear, left or right side impact

In the minor-to-serious injury category, the less severe injuries were primarily to the face and limbs. About 80% of the more severe injuries occurred to the head and chest. Of the four age groups, male drivers in the three youngest groups incurred the majority of the severe injuries. But, in the oldest age group, female drivers incurred the most severe injuries. Non-belted drivers were eight times more likely to suffer serious injury.

Injuries by accident type

Rollover accidents: more severe injuries to the head, chest, neck and spine, in that order. Drivers were three times more likely to suffer serious injury in rollovers in all age groups.

Frontal crashes: more severe injuries were to the head, chest and abdomen. Less severe injuries to limbs, face and head. Injuries were similar for all age groups.

Left-side impact: most severe injuries were to the head and chest. Less severe injuries were to the limbs, neck, face and spine. All ages were affected similarly except that older people suffered more chest injuries.

Right-side impact: more severe injuries to the head, chest, abdomen, neck and throat, for all age groups. Older drivers incurred fewer head injuries but more severe chest injuries.

Rear-impact: more whiplash and other neck and spine injuries, with the most severe injuries being to the head.

If you are the victim of an accident it’s important that you find out what your rights are as soon as possible. Please contact us today for a free consultation if you live in Boca Raton, Delray Beach, West Palm Beach or Fort Lauderdale.

Wrongful Death as a Result of Medical Malpractice

2008-12-29T15:22:00.001-05:00

If a loved one’s death is the result of medical negligence, you may have a wrongful death lawsuit. The loss of a loved one is painful enough without knowing that it could have been prevented if others were doing their job properly. We have helped families of several such wrongful death victims in our practice.

Two main types of wrongful death cases exist:

Non-medical: A non-medical wrongful death case is based on deaths that occur in the workplace, automobile accidents and due to defective products.
Medical: These wrongful death cases are based on incidents that occur while under a physician’s care, such as while receiving care in the hospital or taking prescription medications.

If a person or corporation did not act reasonably and responsibly to prevent a life-extinguishing injury, they are deemed negligent and financially liable.

Damages are usually awarded for the following:

to manage lost dependent future income
to handle medical expenses
to cover burial costs
punitively, against the party cited for negligence

If you believe a loved one may have been the victim of wrongful death, please contact the Glick Law Office for a free consultation, or phone us at 866.TRIALAW (874.2529) or 561.391.0448.

Unprofessional Conduct and Malpractice

2008-12-19T15:20:00.001-05:00

If a physician or any other related hospital or health care professional treats a patient in a manner considered unethical, such as delegating unlicensed people to perform medical procedures, working under the influence of alcohol or drugs, or performing procedures for which they are not trained, this behavior is termed unprofessional conduct. Conduct can be deemed unprofessional even if a patient is not physically harmed in the process. Minor disagreements do not fall under unprofessional conduct, nor does poor customer service.

The following are examples of unprofessional conduct:

Physically abusing a patient
Poor record keeping
Failure to recognize or treat common symptoms
Prescribing drugs in inadequate or too high amounts
Inability to practice competently due to addiction, or mental or physical illness
Not adhering to continuing education requirements
Taking on duties outside of the scope of a license
Not providing truthful information
A felony conviction
Delegating medical practice to an unlicensed person

Additionally, the term unprofessional conduct in medical malpractice applies to any act of sexual intimacy, abuse, or exploitation associated with a physician’s medical practice, regardless of consent. It includes former patients for which the physician did not terminate physician/patient relationship in writing before initiating romantic/sexual
contact with the patient.

If you or a loved one has been the victim of medically-associated unprofessional conduct, please contact the Glick Law Office for a free consultation, or phone us at 866.TRIALAW (874.2529) or 561.391.0448.

Weather and Truck Accidents

2008-12-09T15:18:00.001-05:00

We have all been horrified by the trucker in the huge rig who continues to speed along in adverse weather conditions. Sometimes it is the trucking company that is to blame; managers will not allow their truck drivers to adjust their work hours to bypass treacherous road conditions. But trucking can also be a macho occupation in which truckers do not want to appear weak for refusing to drive during bad weather. This alarming combination can lead to problems, and sometimes, tragedy. In our practice, we have been closely involved with such incidents.

Federal Regulations

Federal truck regulations now require truckers to alter their truck driving schedule during inclement weather. Hazardous road conditions seriously impact tire traction and driver visibility. Drivers must slow down or cease operating until road conditions improve—no matter what their schedule demands. Unfortunately, most truck drivers have received little to no training on special techniques used to manage their trucks in poor weather.

The Surface Transportation Assistance Act
The STAA (The Surface Transportation Assistance Act) prohibits an employer from disciplining or terminating a truck driver if the driver will not drive a motor vehicle on the highways in violation of federal safety regulations. The STAA also will not allow an employer to discipline or fire a driver if the driver will not drive a commercial vehicle when he fears serious injury to himself or others due to that vehicle’s unsafe condition. When a driver asserts that he has been wrongfully disciplined/fired, violating STAA, the U.S. Department of Labor may hear his case.

If you have been the victim of a truck-associated incident, please contact the Glick Law Office for a free consultation, or phone us at 866.TRIALAW (874.2529) or 561.391.0448.

Federal Trucking Laws

2008-11-21T12:25:00.001-05:00

Truck accidents are on the rise across the United States for a variety of reasons that include driver mistakes, technical and mechanical problems, lack of knowledge regarding proper truck driving techniques, and poor road and weather conditions. We have seen many individuals in our practice who have been injured in truck-related accidents.

As truck accidents increase across the country, accompanied by the devastation these accidents bring to people and property, the federal government has passed a host of regulations, rules and laws in an attempt to better monitor the truck driving industry. Truckers, truck manufacturers and trucking companies must comply with the varied rules and regulations the federal government stipulates. Some of these include the following:

All truck drivers must take a rest period between two separate driving shifts. These rules are designed to reduce trucker driver fatigue, one of the leading causes of truck-associated accidents.

All truck drivers must have a truck driving license; they receive the license after undergoing highly specialized training that allows them to operate a truck in the most safe and effective way possible.

By law, trucking companies must ensure that their trucks are constantly in excellent driving condition. Regular truck inspections and adherence to safety guidelines and procedures are essential to achieving this goal.

In spite of the above rules and many others meant to decrease the frequency of truck accidents, the accidents continue to happen since rules and regulations are unfortunately not always followed.

If you have been the victim of an accident involving a truck, and you suspect that federal regulations were not followed, please contact the Glick Law Office for a free consultation, or phone us at 866.TRIALAW (874.2529) or 561.391.0448.

State Trucking Laws

2008-11-14T12:21:00.002-05:00

Each state has specific statutes and regulations designed to keep motorists safe as they share the road with big rigs. Florida imposes size and weight limits on trucks. Trucks that go over these limits are labeled oversized. Special Florida Department of Transportation permits are necessary for these vehicles. Oversized vehicles often need vehicle escorts. If you have been in an accident involving a truck that has not meet size and weight regulations, our firm can help you recover damages.

Other Florida trucking regulations include the following:

Following too Closely - Trucks are not allowed to follow another vehicle at a distance under 300 feet; the only exception is when they are passing another vehicle.

Time Limitations - Travel can occur only from 30 minutes before sunrise to 30 minutes before sunset. Saturday and Sunday travel is allowed only if trailer meets specific size restrictions.

Convoy Travel - It is never allowable for trucks to travel in convoys.

Vehicle Escorts - Oversized trucks (over 12 feet wide) must utilize an escort vehicle that clearly displays the words "Oversized Load."

Truckers and trucking companies that ignore these restrictions could be guilty of negligence. If you are experiencing the pain and suffering of the aftermath of a truck accident, please contact the Glick Law Office for a free consultation, or call us today at 866.TRIALAW (874.2529) or 561.391.0448.

Inspection Regulations and Truck Accidents

2008-11-07T13:10:00.000-05:00

Florida trucking regulations and Florida statutes place size and weight limitations on trucks and their loads. Trucks that exceed these restrictions are deemed oversized. Special permits are required from the Florida Department of Transportation for oversized and overweight vehicles. Oversized vehicles sometimes require escort vehicles. If you have been in an accident with a truck that did not met these regulations, our firm can assist you in recovering what is owed to you.

Other trucking regulations include the following:

Time Restrictions – Travel is allowed from 30 minutes before sunrise to 30 minutes before sunset. Travel on Saturday and Sunday is permitted only if trailer is no more than 10 feet wide, 13 feet 6 inches high and 55 feet long.
Following/Passing – Trucks are not permitted to follow another vehicle at a distance of less than 300 feet, except when they are passing that vehicle.
Convoys – Trucks driving in convoys is not allowed.
Escort Vehicles – Oversized trucks (those over 12 feet wide) are required to travel with an escort vehicle. Escort vehicles should display the words "Oversized Load."

Ignoring these and other standards could constitute negligence. If you have been involved in an accident in which a truck may not have been following regulations, please contact the Glick Law Office for a free consultation, or call us today at 866.TRIALAW (874.2529) or 561.391.0448.

Medical Malpractice Law

2008-10-21T13:09:00.001-04:00

Medical malpractice law is an extremely complicated and technical field. Some medical malpractice attorneys handle only birth trauma cases, while others specialize in surgical errors, misdiagnosis of cancer, or other medical negligence arenas. In our practice, we focus on birth injuries, cerebral palsy, nursing home abuse and Erb’s Palsy.

When you begin working with your malpractice attorney, it is important to provide all relevant documents that offer a medical treatment history. It is also critical to ask your potential attorney the following key questions:

What is your experience with medical malpractice cases?
Detail your experience with cases like mine?
How do you keep yourself current on medical issues?
What financial resources do you have to take my case to trial?
How many medical malpractice cases have you actually taken to trial?
How do you locate experts to facilitate your malpractice cases?

Medical malpractice cases are costly and arduous, and attorneys pick their battles carefully—they want to ensure that they can truly assist you. Don't give up if one attorney refuses your case; ask about a referral to another attorney who may be a better fit for your needs.

If you or a loved one has a potential malpractice issue, please contact Glick Law Firm today for a free consultation. You can also call us at 866.TRIALAW (874.2529) or 561.391.0448.

Common Medical Malpractices

2008-10-14T13:07:00.001-04:00

In our law firm, we handle legitimate cases of medical malpractice. Malpractice is not just the honest mistakes that doctors and all of us can make. It is actual negligence that generally falls into three primary categories:

Misdiagnosis of a medical condition – This means that a doctor did not follow standard care procedures to properly diagnose a condition, and this has caused the patient undue pain and suffering.
Mistreatment of a diagnosed condition – This typically means that a condition has been misdiagnosed and an inappropriate treatment plan has been imposed.
Failure to obtain “informed consent” – This means that a patient has not been made fully aware of all of the risks, complications or side effects of a particular procedure or medication before receiving the medication or undergoing the procedure.

Medical malpractice cases are highly complex and involve scientific investigation. To correctly manage these cases, it is critical that law firms specialize. For this reason, Glick Law Firm, P.A. specializes in:

Birth Injuries
Cerebral Palsy
Nursing Home Abuse
Erb's Palsy

If you or a loved one suffer from one of the above, and you are suspicious that medical malpractice is involved, please contact Glick Law Firm today for a free consultation. You can also call us at 866.TRIALAW (874.2529) or 561.391.0448.

Increases in Motorcycle and Scooter Fatalities

2008-10-06T13:00:00.000-04:00

Rising gas costs have led more and more people to seek alternative modes of transportation. Two of these modes include the motorcycle and the scooter. Unfortunately, increased use of these options has also led to a dramatic rise in injuries and fatalities that we routinely address in our practice.

The National Highway Traffic Safety Administration (NHTSA) recently reported that around 6.6 million motorcycles are registered in the United States, not including scooters.

The Dallas Morning News reported that scooter sales increased 24 percent the first six months of 2008. The Motorcycle Industry Council also noted that Vespa saw a nearly 40 percent sales increase, and Yamaha increased sales by 65 percent—during one year!

A June 2008 Consumer Reports article also mentioned motorcycle and scooter popularity, detailing motorcycle sales, which rose to approximately $1.2 million in 2006—a new record. That same year, motorcycle fatalities made up more than 10 percent of vehicle crash fatalities.

Motorcycle accidents increased 127 percent since 1997 and the NHTSA reported that a motorcyclist is approximately 34 times more likely to die in a crash than someone in a passenger car. Also, researchers state that: In 2006, motorcyclist fatalities nearly doubled killing 4,810.

If you have been injured in a motorcycle or scooter accident, please contact the Glick Law Firm to schedule a free consultation that will help you learn your rights in the state of Florida. You can also call us at 866.TRIALAW (874.2529) or 561.391.0448.

Motorcycle Laws in Florida

2008-09-30T12:27:00.001-04:00

As most motorcyclists are aware, laws vary from state to state with regard to motorcyclists’ safety practices. Often, our clients ask us to explain state law to them. The state of Florida, too, is specific about its expectations for motorcyclists.

Florida motorcyclists may not operate or ride a motorcycle unless protective headgear is securely fastened on their heads in compliance with Federal Motorcycle Vehicle Safety Standard 218 (2). A person may not operate a motorcycle unless that person is wearing an eye-protective device over his or her eyes of an approved type.

Protective headgear is not required for persons riding within an enclosed cab or for persons 16 years of age or older driving or riding on a motorcycle powered by a motor with a displacement of 50 cubic centimeters or less or rated not in excess of 2 brake horsepower and incapable of traveling faster than 30 miles per hour on level ground.

A person over 21 years of age may drive or ride on a motorcycle without protective headgear as long as this individual has an insurance policy that covers him or her for at least $10,000 in medical benefits for injuries sustained while riding or operating the motorcycle.

A person under 16 years of age may not drive or ride on a moped unless the person is wearing securely fastened proper protective headgear which complies with Federal Motorcycle Vehicle Safety Standard 218.

If you would like to learn more about motorcycle law in the state of Florida and your rights under the law, please contact the Glick Law Firm today to receive your free consultation. The firm can also be reached us at 866.TRIALAW (874.2529) or 561.391.0448.