Jacksonville Injury Attorney Blog

A Jacksonville woman developed reflex sympathetic dystrophy (RSD) after being attacked by a dog on her own property. The dog bit deeply in her arm, but the wound itself was not severe enough to require stitches. After being initially seen by doctors she was sent home.

Within days she developed a serious infection of the wound site. The infection was followed by the onset of severe burning pain, color changes, a cooler temperature in the arm, and abnormal hair growth on the arm. Unfortunately, all of these are classic symptoms of RSD.

RSD, previously known as Complex Regional Pain Syndrome, is a serious, usually permanent neurological condition that is usually caused by an injury to an extremity.

This situation highlights the very serious nature of dog attacks. Every year, we hear of people seriously injured or killed by pet dogs in Jacksonville. Children are the most frequent victims of dog attacks, accounting for 70% of dog attack injuries. In the United States, there are almost 600,000 dog bite wounds that require medical care each year.

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Our Jacksonville law firm recently handled a case where a teenage girl was seriously injured at camp. At enrollment, her mother signed a form that provided that the camp would not be responsible for any injuries, no matter how negligent it might be in causing the injuries. While we were able to convince the Judge in that case that the agreement was unenforceable because it was poorly worded (it only said that it waived the parents' claims, not the child's claims), for many years these agreements were enforceable in Florida.

Parents often find themselves asked to sign a release of any personal injury claims before their children participate in potentially hazardous activities like go-cart or motocross racing, horseback riding, or scuba diving. Typically, the releases are little more than preprinted forms presented to the parents without any discussion of the actual risks and dangers their children may face.

However, last week the Florida Supreme Court ruled that parents cannot waive liability on behalf of their children by signing such releases. The ruling was issued in a Florida accidental wrongful death case arising from the death of a 14-year-old boy who died after attempting a jump on an all-terrain vehicle (ATV). Originally, the trial court dismissed the lawsuit because the boy’s father signed a pre-accident waiver. The Supreme Court’s decision will now let that suit proceed and will send a powerful message to businesses to take care when catering to children.

If you would like to confer with an attorney familiar with injuries to children, please feel free to contact our Jacksonville attorneys for a free consultation.

As I recently wrote in our blog, as Jacksonville accident lawyers, far too often we see instances of serious collisions where the only person injured is the one not wearing a seat belt. Unfortunately, the examples just keep coming.

A man was traveling westbound on Florida 200 on Amelia Island when he rear-ended another vehicle. The man in the vehicle that was rear-ended was wearing his seat belt and was not hurt. The other driver was not wearing his seat belt and suffered serious injuries.

According to the State of Florida, seven people not wearing seat belts were killed in car crashes in 2006 in Nassau County and fifty two people not wearing seat belts were killed in Duval County.

If you are involved in a car crash and would like a free consultation to learn about your rights, please contact our North Florida accident attorneys.

A Jacksonville man died following plastic surgery and the surgeon has admitted liability for his death. Martin Gottlieb died of a heart attack after a liposuction procedure in 2004. Apparently, following the procedure, Mr. Gottlieb was supervised by an unlicensed surgical technician instead of a licensed nurse. Mr. Gottlieb began to have trouble breathing due to prescription drugs and fluid in his body. The delay in getting Mr. Gottlieb to the hospital caused his death, according to a reviewing anesthesiologist.

Recently, Florida's First District Court of Appeals denied the responsible physician's request to have his body exhumed to determine if Mr. Gottlieb used recreational drugs. If so, the doctor's attorneys would have argued the damages owed to Mr. Gottlieb's estate should be reduced to reflect a shorter life expectancy due to drug use. The Appeals Court rejected this request as it appears that there was little, if any, support for the notion that Mr. Gottlieb used recreational drugs.

Unfortunately, medical malpractice does occur. Often the legal system provides the only way for families to recover the medical bills, lost wages, and pain and suffering that results. If you wish to speak with a Jacksonville medical malpractice lawyer, please contact our Jacksonville law firm for a free consultation.

Three Florida plaintiffs took on pharmaceutical giant, Hoffman-La Roche, for bowel injuries suffered as a result of their use of the drug Accutane. Each of the plaintiffs alleged that they contracted ulcerative colitis or Crohn's disease as a result of using the acne medicine.

The injured plaintiffs alleged that the drug was a defective product in that the manufacturer failed to adequately warn of the possibility of severe bowel injuries as a side effect of the medication. The jury agreed with the plaintiffs and awarded them $13,000,000.00.

If you have any questions regarding injuries which may have resulted from a defective product, please contact our Jacksonville personal injury attorneys for a free consultation.

With Jacksonville being as hot as it is most of the year, swimming pools are a staple of condominiums and apartment complexes. Unfortunately, we see news stories every year of children injured or killed in swimming pool incidents

One type of danger has been outlawed for public pools. Congress has enacted a law which requires that all pools open to the public be fitted with new equipment to prevent drain suction from trapping children under water. The deadline for complying with the new law is Friday, December 19, 2008.

The National Swimming Pool Foundation says that about eighty percent of public pools in the United States do not comply with the new requirements. It is unfortunate that children may be injured in the future for what is now clearly both a foreseeable and preventable tragedy.

Our Jacksonville injury lawyers handle cases resulting from premises liability accidents resulting from the carelessness of a business or property owner. Please contact us for a free consultation.

In Florida, the question of whether personal injury cases resulting from diseases contracted from blood transfusions are considered "medical malpractice" claims is being considered by Florida's Supreme Court. Our Jacksonville injury law firm has investigated similar cases, includinig the transmission of hepatitis c from a blood transfusion.

The case before Florida's Supreme Court involved a boy who contracted West Nile Virus and died as a result of a blood transfusion. After a jury trial, the parents of the boy received a large verdict. However, the appeals court reversed the verdict because the parents did not comply with the statutory presuit requirements for medical malpractice claims.

The attorneys for the parents argued that the boy did not receive any medical care from the blood bank that supplied the infected blood, and, thus, argued that the Florida statutes regarding medical malpractice claims did not apply. In contrast, the blood bank relied on the statute's definition of medical provider which expressly includes blood banks. The plaintiff's attorney responded by arguing that, while at times blood banks do provide medical care, in situations where they do not, they are not to be considered medical providers subject to the statutes.

A decision is expected in the Spring of 2009.