Do I have a medical malpractice case?

do i have a medical malpractice caseAs one of the leading causes of death in the United States, medical negligence is not only relatively common, but can have serious and lasting consequences. While people often assume only doctors can be sued for medical malpractice, many other healthcare professionals can be held responsible for their actions, including pharmaceuticals, hospitals, anesthesiologists, and nurses. When it comes to your health and wellbeing, it is important to be able to trust the healthcare professionals working to keep you healthy.

If you are suing your doctor for medical malpractice, there are a couple points you should keep in mind. You must be able to prove that an official doctor-patient relationship existed between you and your physician, even if it was just one appointment. However, most informal advice given by friends or family will not be considered as official. Secondly, you must be able to prove the doctor was negligent in your care. In most cases, a testimony from an expert in the field will be able to prove this by setting a standard of care, or reasonable course of action that any competent doctor would have followed. Lastly, your doctor’s negligence must have caused you some sort of harm, whether financial, physical, or mental. If you think your doctor’s actions, or lack thereof, caused you harm, contact one of our medical malpractice attorneys today.

While the types of medical malpractice cases can be vast, each one could have had a better outcome for the patient. A doctor’s failure to diagnose a patient correctly, or in a timely manner, could cause the patient significant pain and suffering, as they continue to endure the symptoms of their illness. Improper treatment, or incorrectly administered treatment can become quite costly, and again result in unnecessary suffering. Failure of duty of informed consent, or not warning patients of known risks to treatment and medications, can also lead to unexpected, and occasionally dangerous, side effects. The patient has a right to be aware of the risks of treatment. If a pharmaceutical company failed to explain these risks, they may be liable. Likewise, if a hospitable did not properly vet their staff, or did not have enough nurses or doctors on hand to properly treat their patients, they may be held responsible.

If you have been harmed by the negligence of a medical professional, you may be able to receive compensation for unnecessary medical bills, lost income, as well as physical and mental suffering. Contact McIntyre Thanasides today at (844)511-4800 for help with your case.

Have you been injured while visiting someone’s home or business?

injured on someone's propertyBusiness and home owners have the duty to ensure that you are protected from risk of harm while on their property. They have the obligation to inspect the house or building and repair or adequately warn visitors of dangerous conditions. If the property owner knows of a dangerous condition but fails to do anything, they may be held liable for injuries suffered by visitors. Injuries resulting from dangerous conditions such as wet or uneven floors, decrepit parking lots or walkways, poorly lit staircases, falling objects, faulty elevators, or inadequate security may warrant a personal injury lawsuit. If you were injured on someone’s property, the Injury Attorneys at the McIntyre Law Firm can guide you through the claims process to secure the compensation you deserve.

I was injured on someone’s property, what do I do?

1) Seek medical attention immediately for your injury

If you suspect you might have been injured, check with a doctor immediately. Save all medical and expense records because you may be eligible for reimbursement of medical bills, lost wages, and other damages suffered as a result of the injury.
2) Take pictures

Immediately take pictures of the scene that display the dangerous conditions which caused the injury.

3) Gather and preserve relevant information and evidence

Get contact information of witnesses and anyone who can describe conditions of the incident area. Preserve evidence, such as shoes and clothes worn, they should be secured and stored without being cleaned or altered.

4) File and obtain an incident report

If the incident occurred in a business establishment, inform the store manager or security officer and file an incident report. If medical personnel is contacted, obtain reports. Get copies of reports before leaving the premises or as soon as possible.

5) Do not sign anything without obtaining legal advice

Someone from an insurance company or an attorney representing the owner may contact you to get more information about your injuries and ask you to sign a release. Before signing anything, consult with a personal injury attorney.

Often, these cases require the use of experts to prove the dangerous conditions of the property, the extent of your injuries, and other factors that will determine the compensation you may be eligible for. The experienced personal injury attorneys at the McIntyre Law Firm can help assist you in your claim. Contact us at 844-511-4800 to get started.

What To Do if You’re in a Car Accident: Infographic

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You are driving on a familiar road, the same road you take each day to get to home. Then suddenly someone rear ends you.  The accident rocks you but you don’t feel it until days later when you can barely get out of bed.  Your mom tells you that you need to call a lawyer. These are the makings of a personal injury case, but the specifics of what to do can be confusing. And getting it right is important. Missteps at different points in this process will cost you time and money.

The personal injury attorneys at McIntyre Thanasides Bringgold Elliott Grimaldi & Guito, P.A. have put together a simple guide to let our readers know the steps that are typically taken in a personal injury case.

  1. Call the Police: There needs to be a record that an accident took place.
  2. Seek Medical Attention: If you have an immediate injury as a result of the accident, it’s critical that you seek medical attention.
  3. Start treatment within 14 days of the accident: The properly establish your case, it’s critical that you start treatment for any injury within two weeks of your accident.
  4. Contact an attorney: The sooner you get an attorney working on your behalf, the better. They can gather medical records and other information needed to build your case.
  5. Get treatment for your injuries: Not only will this help build your case, more importantly, it will help you recover.
  6. Demand Letter: This letter outlines all the details of the case.
  7. Negotiate: After your attorney sends the demand letter, they will begin to negotiate on your behalf with the insurance company.
  8. Settle or Go to Trial: If you aren’t satisfied with what the insurance company offers you, your attorney can file a lawsuit.
  9. You have four years to file a lawsuit: During this time, your injuries may become more apparent and you may need surgery or other treatments.

If you are involved in an automobile accident, proper representation can make a tremendous difference. Contact the personal injury attorneys at McIntyre Thanasides Bringgold Elliott Grimaldi & Guito, P.A. today at 844-511-4800.

 

The 2nd Anniversary of the Oulson Theater Shooting

Today marks the 2nd anniversary of the Pasco theater shooting that left Chad Oulson dead, and his wife, Nicole Oulson, with several injuries. In the latest development, Oulson is suing the Grove Theater and one of its employees for negligence that lead to Capt. Curtis Reeves shooting Oulson when he was frustrated by Oulson’s use of his cellphone in the theater. TJ Grimaldi, a Partner & Personal Injury attorney at McIntyre Thanasides, is representing the victim. The hearing will take place in April or May.

View the Latest Developments here:

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Catch Them If You Can – Phantom Vehicles in Florida and What They Mean for Your Personal Injury Case

Imagine the following scenario: two motorcyclists are riding down the interstate when an unidentified SUV abruptly changes lanes in front of them.  Both motorcyclists swerve to try and avoid the van, driving into the median.  One of the motorcyclists runs directly into a tree and is tragically killed, while the other sustains serious injuries.  This is the devastation that can be caused by a phantom vehicle.  For those unfamiliar with what a phantom vehicle is, this term is used to refer to a vehicle that causes bodily injury, death, or property damage to an insured vehicle, but has no physical contact.

The many ramifications of getting into a car accident (consider Bengal Law for attorney help) such as money spent on vehicle repair, dealing with insurance agencies, and in some cases, dealing with injuries, are difficult enough to deal with. When a phantom vehicle is involved, it can be especially difficult to ascertain fault. It can also be challenging to show that the phantom vehicle even existed. Most uninsured motorist (UM) insurance policies will give customers coverage if they have been injured due to a phantom vehicle. UM coverage is not required by Florida, but having a UM policy in place could drastically improve your chances of collecting damages for injuries from accidents caused by phantom vehicles. There are lawyers that are defending against underage DUI charges for one that is affected by drunk driving incidents.

Even without physical contact, a UM claim can be brought, barring the accident was reported in a timely fashion (some insurance companies require they be reported within 24 hours).  However, there are often strict procedures about how a phantom vehicle claim can be pursued. Insurance companies often require some degree of confirmation that another vehicle was the cause of the accident.  Without evidence of impact or fault, such as that provided in a hit-and-run case, this can be tough to prove.

One important thing to remember is to document as many details as possible related to the scene and how the incident occurred.  Take specific notes of anything you recall about the phantom vehicle – like the color, make and model. If you are able to take photographs or a video of exactly where the incident occurred and what you had to do in an attempt to avoid impact with the phantom vehicle, this information maybe helpful to your case.

If you or someone you know is injured in an auto accident caused by a phantom vehicle, you should consult an experienced attorney as soon as possible. An experienced lawyer may be able to help prove liability and get the full amount of compensation you deserve.  Contact TJ Grimaldi at McIntyre Thanasides Bringgold Elliott Grimaldi & Guito, P.A. today.

What to Expect from a Deposition (and Why You Shouldn’t be Afraid)

If you’ve filed a lawsuit, you are most likely familiar with how a deposition works. Particularly if you file a lawsuit to recover damages for injuries you sustain, you can expect to be called to sit for a deposition. A deposition is part of the discovery process and is a useful tool for gathering evidence, under oath, outside of the courtroom. Many of us perceive depositions to be intimidating based on what we’ve seen in movies or on television.  If you’re properly prepared and have an understanding of how the process works, your deposition will go smoothly and there is nothing to be nervous or concerned about.

What You Should Expect

It is important to note from the beginning that each case is different and there will be unique questions asked specific to your case. Rule 1.310 of the Florida Rules of Civil Procedure allows each side to formally question the plaintiff and the defendant (and others who may have knowledge) of facts that can lead to the discovery of admissible evidence. A deposition, as mentioned before, is a rather straightforward process where attorneys from the opposing side ask questions about your case, including details on your health and background. You can expect your attorney to be present, but they will not be able to speak or answer questions for you. A court reporter is typically present in order to transcribe what is said for purposes of maintaining a record.  Be sure to speak clearly and know that the information you give during the deposition is the same information that will be given at any trial related to the case in the future.

What Questions Will You Be Asked?

Generally, questions should not be overly invasive. The most invasive questions usually concern your past health or medical history, and any prior lawsuits you may have been involved in, if any. If there is something you have concerns about discussing, you should tell your attorney ahead of time so those issues can be addressed. The majority of questions you will be asked usually will center around the case itself.  For example, details related to an accident and your treatment or recovery from any injuries.

Below are some sample deposition questions based upon a personal injury accident scenario:

  • What is your full name, date of birth and address?
  • What is your occupation and how long have you worked there?
  • Are you married? Do you have any children?
  • Have you ever been convicted of a crime?
  • Have you ever sued anyone before? What was the result?
  • Have you ever been sued before? What was the result?
  • Have you ever filed an insurance claim before? What was the result?
  • At the time of the accident, what were you doing? Where were you?
  • Were there any witnesses to the accident?
  • Did you suffer property damage in the accident? What was it?
  • Did you suffer injuries in the accident? What were they?
  • When did you first seek treatment for this injury?
  • How long were you treated? Are you still receiving treatment?
  • Does this injury include any aggravation of an injury or condition you already had at the time of the accident?
  • Have you been unable to work because of your injury?
  • Have any other of your other daily activities been hampered because of your injury? If so, what are they and how have they been affected?

Preparing for Your Deposition

Depositions can be very frightening and nerve-racking. Don’t worry. Your lawyer will prepare you for your deposition. Working together, you and your attorney will go over all circumstances and determine which areas the defense will want to address. Your lawyer is there to protect you. Aside from not having input during the questioning process, your attorney is there to assure overly intrusive questions are not asked and see that the deposition is being handled properly.

If you’d like to talk to someone to learn more about the deposition process, contact TJ Grimaldi at McIntyre Thanasides Bringgold Elliott Grimaldi & Guito, P.A. today.

 

What You Need to Know About Airbag Recalls in Florida

While airbags are designed to save lives and reduce injuries, a faulty airbag can do far more harm than good.  The National Highway Traffic Safety Administration (NHTSA) has issued a massive airbag recall warning for more than 7.8 million vehicles.  The airbag recall targets mechanisms supplied by Takata, Inc., a Japanese auto parts manufacturer, and includes vehicles from major American and Japanese automakers, as well as German manufacturer, BMW.   According to federal officials, the inflator mechanisms in the air bags can rupture, sending sharp metal fragments and other shrapnel into the faces and necks of accident victims in the event of a car crash. Safety advocates say at least four people have died from the problem with the most recent fatality involving an Orlando woman on September 29th.

The NHTSA believes humidity plays a role in causing airbag malfunctions as it may trigger the chemical propellant responsible for airbag deployment.  Automakers plan to recall additional models in high-humidity states, such as Florida, in an effort to prevent serious accidents of personal injury or wrongful death as further testing is conducted.  Safety officials are urging drivers to act immediately to fix vehicles with potential airbag defects, as the consequences of delaying can be fatal.  The issue is serious enough that in circumstances where a replacement airbag is not available for one of the affected vehicles, dealerships have begun disabling airbags entirely until a replacement can be installed.

Vehicles affected by the recall include:

  • More than 600,000 BMW vehicles including 3-series sedans, coupes, and wagons as well as M3 convertibles and coupes;
  • More than 370,000 Chrysler vehicles including Dodge Durango SUVs and Ram pickups;
  • More than 58,000 Ford vehicles including the Ranger and Mustang;
  • More than 160,000 General Motors vehicles including Chevrolet, Buick, GMC, Cadillac, Oldsmobile, and Pontiac models;
  • More than 5 million Honda vehicles including the Civic, Accord, CR-V, and Acura RL, TL and MDX;
  • More than 64,000 Mazda vehicles including the Mazda6 and RX-8;
  • More than 11,000 Mitsubishi vehicles including the Lancer and Raider;
  • More than 690,000 Nissan/Infiniti vehicles including the Maxima and Infiniti QX4;
  • More than 17,500 Subaru vehicles including the Legacy, Outback and Baja; and
  • More than 870,000 Toyota/Lexus vehicles including the Lexus SC, Corolla and Toyota Tundra pickups.

To determine whether your car is included in the airbag recall, visit http://www.safercar.gov/ and enter your vehicle’s VIN number. If you’re subject to a recall, you will see notifications and receive up-to-date information there.  If you or someone you know has a case involving a defective airbag or other defective product, please contact our Personal Injury lawyers today.

Pinellas Park school accused of failing to report sexual attack

When parents send their children off to school, many do not worry about their safety as they honestly believe the school administration and teachers are going to be doing everything in their power to keep their children safe. At the very least, if there were an incident where a child was injured, the belief is this would be reported to the parents and appropriate action would be taken as needed.
However, as one distraught family in Pinellas Park, Florida, is learning, this is not always the case.

According to the family, their 15-year-old daughter was sexually attacked in school and the school’s administrators did nothing to stop the attack. The school also failed to report the incident to the parents. It was not until the 15-year-old told her parents that action was taken.

By action, the parents have hired attorney TJ Grimaldi. Their hope is that by taking action and telling their story, other children will not have to go through what their daughter did.

According to the family, it was on the morning of April 22. The 15-year-old was at her school getting ready to take the FCAT. She was sitting in the front of the class with roughly 30 other students getting ready to take the test. This was when a boy in the class tried to touch her bra strap before putting his hand down her pants.
The 15-year-old said she told him to stop and threw his hand out of her pants. Again, she told him very loudly to stop. However, the claim is the administrator in the room did nothing about the situation.
The 15-year-old ended up telling a friend about what happened. This friend told another teacher. The 15-year-old also reported what happened to her parents.
Now the family wants answers, which is why they hired an attorney. They want to know why the school did not notify them of the attack.

Grimaldi said he wants immediate action to make sure the teen feels comfortable and safe. He thinks relocation may be the best. Additionally, Grimaldi and the parents want to see the school held responsible for not reporting the alleged attack.
In reading about this case it is normal for any parent with a child to become nervous. As was mentioned at the beginning of this post, parents put a lot of trust in school officials. When that trust is broken, it can be hard to trust again.

Going forward, the hope is that something is done and that school officials face some sort of repercussions for not reporting the attack. For the boy accused of attacking the girl, the family’s attorney said he was suspended for 10 days, but could end up coming back to the exact same homeroom as the victim.
The case has also been referred to the State Attorney’s Office, where police are requesting battery charges be pressed against the boy.

Source: ABC Action News, “EXCLUSIVE: Family of teen demands action after they say daughter was sexually attacked during FCAT”, Sarina Fazan, July 29, 2013