Miami Injury Lawyer Blawg

The driver of a Budget rental truck lost control around 9 a.m. in southbound lanes of I-95 near the Northwest 79th Street exit, veering across lanes of traffic, overturning, and slamming into the concrete barrier.

Five more accidents in the southbound lanes followed, as drivers swerved to avoid the truck, and when concrete chunks from the truck's collision with the barrier wall flew into northbound lanes, they caused five more accidents.

Four people went to Jackson North Medical Center, while one went to Jackson Memorial Hospital.

Continue reading "11 accidents on 1-95 Caused By A Rental Truck" »

Women are more likely than men to suffer Anterior Cruciate Ligament injuries. The reasons are believed to be anatomical, biomechanical and hormonal.

The anterior cruciate ligament (ACL) is one of four main ligaments of the knee. Although it is the smallest of the four, it plays perhaps the most important role. Not only does it keep the tibia (shin bone) from pushing forward on the knee, it stabilizes the knee in rotation.
In sports that are mostly straight-ahead -- jogging, swimming, biking -- the ACL has virtually no function. But in the sports that involve cutting, planting and changing direction, the ACL plays a vital role.

Caroline Doty, a University of Connecticut basketball player, has torn the Anterior Cruciate ligament in her knee three times.

As reported in the New York Times, Doty was expected to run the team. Instead, Doty has rehabilitated the knee she injured last summer and has faced daily reminders why the acronym A.C.L. has become a four-letter word in women's college basketball.

Shea Ralph, a UConn assistant and former star, has five times torn the ligament that stabilizes the knee and controls its pivoting. Michala Johnson, a freshman forward, tore an A.C.L. twice in high school, the peak years of vulnerability, experts said.

"A.C.L. injury rates sadly are staying the same across the country," Dr. Thomas Trojian, a UConn team physician, wrote in an e-mail.

A number of possible risk factors have been identified in women: wider hips; ligament laxity at certain stages of the menstrual cycle; the smaller size of the notch through which the ligament connects to the femur in the upper leg; a tendency to land straight-legged and knock-kneed; core instability; a greater imbalance than men in the comparative strength of the hamstring to the quadriceps, or thigh muscle.

An improved surgical technique, called double bundling, uses two tendon grafts instead of one to resemble the normal A.C.L. There is a better (though not definitive) understanding today of what causes the ligament to tear, increased attention being paid to preventive techniques and a more consistent return by athletes to previous levels of activity.

Some studies indicate that cadaver tendons used to reconstruct the knees of young, active athletes are up to four times more likely to fail than tendons grafted from their own bodies, said Trojian. The reason, in part, is that athletes often feel better more quickly after a cadaver graft and are more likely to return to full activity before their bodies and the graft have reached full strength, Trojian said.

Yet players who tear the ligament seem to be significantly more vulnerable to tearing it again in the same knee or the other one. And researchers have found troubling rates of osteoarthritis 10 to 15 years after an A.C.L. is torn.

Continue reading "A.C.L. Injuries Are More Common in Women" »

A cyclist was killed Monday when he rode his bicycle on South University Drive in Davie, Florida.

Paul Steven Dippolito was struck in the southbound lane of University Drive at the intersection of Griffin Road shortly after 6 a.m., said Sgt. Robert Choquette, a spokesman for the police department.

As reported by the Sun Sentinel, "The driver of the vehicle had a green light and Dippolito evidently pulled out in front of him, crossing traffic, so the driver was not at fault," he said. The driver of the Nissan, who police did not identify, was not cited.

Continue reading "Bicyclist Killed In Crash" »

A doctor that commits Medical Malpractice may lose his hospital privileges or have said privileges restricted. However, according to a new report released Tuesday, the state medical boards responsible for disciplining those doctors failed to punish more than 50 percent of those whose hospitals revoked or restricted their privileges. Of course, in Florida, the proportion was higher than the national average. The study, conducted by the nonprofit consumer advocacy group Public Citizen, found that 63 percent of the doctors whose hospital privileges were restricted or revoked were not even disciplined by the state's Board of Medicine.

As reported in the Orlando Sentinel, 32 states let more than half of the offending doctors go without any reprimand.

Dr. Sidney Wolfe, an internist and director of Public Citizen's Health Research Group and overseer of the study said, "Either state medical boards are receiving this disturbing information from hospitals but not acting upon it or, much less likely, they are not receiving the information at all. Something is broken and needs to be fixed."

At the Florida Department of Health -- which oversees the state's Board of Medicine -- a spokeswoman said they were still reviewing the Public Citizen report. The Sentinel tried to contact several members of the board for comment, but got no answer or no response.

Of the 10,672 U.S. physicians who faced hospital sanctions, 55 percent escaped any licensing action or discipline from their state medical board.

"In 20 years, only 10,000 doctors have ever been disciplined -- which is an indictment of hospitals," Wolfe said. "But once hospitals take action, it's pretty serious. Of those, 5,800 were thrown off the staff of the hospital."

Yet in many cases, Wolfe said, the state medical board did not discipline the doctor any further. And many of those doctors are still practicing medicine, he added.

"It's a real indictment of medical boards," Wolfe said, because these cases are the most egregious and already have been investigated by the hospital. "It's like handing you a case on a silver platter. The investigation has been done."

Malpractice insurance carriers are required to report all settlements against physicians, dentists and other licensed health-care providers. The information is available to state licensing boards; hospitals and other health care organizations; professional societies; some federal agencies; and Florida Medical Malpractice attorneys.

In Florida, the governor's office selects the 15 volunteer members of the Board of Medicine. In addition to 12 doctors, the board includes three consumer members.

Patient advocates say the report is troubling.

Wolfe's staff found that one Florida doctor had hospital privileges permanently revoked in 2002 for incompetence and racked up 10 medical malpractice reports totaling $1 million between 1992 and 2009. Those mistakes included performing an unnecessary procedure, leaving a foreign object in a patient and misdiagnosis. Two patients died, but Wolfe and his staff say that the state of Florida took no disciplinary action against the doctor.

Wolfe said he can't name the doctor because the database doesn't provide the public with access to physicians' names.

Other highlights from the report are:

•Of the 5,887 physicians who the state medical boards failed to discipline -- many of whom also had a history of medical malpractice payments -- 1,119 were disciplined for incompetence, negligence or malpractice; 605 were disciplined for substandard care; and 220 were identified as an immediate threat to health or safety.

•Other categories of serious deviations of physician behavior and/or performance that resulted in the loss of hospital privileges included sexual misconduct; inability to practice safely; fraud including insurance fraud, fraud obtaining a license and fraud against health care programs; and narcotics violations. A total of 2,071 physicians were disciplined by their hospital employers for one or more of these violations.

•3,218 physicians in the study lost their clinical privileges permanently, and an additional 389 physicians lost privileges for more than one year.

Continue reading "Medical Malpractice Rarely Leads to Disciplinary Action" »

A fatal car accident on I-95 resulted in a $2.25 Million Verdict.

The three adult children of Ann Prushansky, a 70 year-old mother who was killed in a traffic accident, were awarded $2.25 million.

A jury last week found Tara Patrice Fradley responsible for the fatal June 2008 crash.
Fradley, 17 when the accident ocurred, slammed into the back of Prushansky's car while coming off the northbound I-95 exit ramp at Boynton Beach Boulevard.

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Continue reading "Wrongful Death Verdict of $2.25 Million For Crash " »

A 5-year-old boy died while riding his bicycle Friday afternoon.

Joshua Richardson was riding his bicycle on N.W. 58 Terrace near N.W. 20 Street, Lauderhill, Fl. when he was struck by a van. Following the impact, Joshua and his bike were dragged several feet down the street as Joshua was stuck underneath a tire.

As reported by The Miami Herald, Lauderhill Police said the driver of the van, who was not identified, had just finished doing remodeling work on a home in the neighborhood and was driving away.

"He thought he hit a rock and saw someone waving over to him," Lauderhill Police Captain Rick Rocco said. "He got out and saw what was happening."

Joshua was airlifted to Broward General Medical Center, but unfortunately he did not survive.

Police said the van driver was devastated.

"He's holding it together; but he's obviously very concerned about the child's welfare," Captain Rocco said.

Investigators believe Joshua rode his bike into the street. They said charges do not seem likely against the van driver but they are still looking into the accident.

"At this point, I don't see anything that would lead us to charge anybody but it's still pretty early in the investigation," Captain Rocco said.

Continue reading "Bicycle Accident Claims Life of 5 Year Old Boy" »

Bicycle accidents caused by a broken sterrer tube led Procycle Group, Inc., the parent company of Rocky Mountain Bicycles, to recall about 325 cyclocross bikes.

According to the U.S. Consumer Product Safety Commission, the company has received four reports of injuries, including three reports of cuts and scrapes and one report of a broken wrist.

The following bike models are affected by the recall:

2009 Rocky Mountain Solo CXD, one of the affected models
Solo CX 2008 Gun metal gray
Solo CX 2009 White
Solo CX 2010 White
Solo CXD 2008 Gun metal gray
Solo CXD 2009 Titanium silver
Solo CXR 2009 Black
Metropolis SEA 2010 Gray

Consumers should stop using the bicycles immediately and contact Procycle with your serial number to determine if it is included in the recall and to arrange for a free replacement of the fork.

Continue reading "Injuries Cause Recall Of Bicycles" »

The U.S. Department of Transportation and Consumer Reports today announced a new partnership to educate parents, teachers, and teens about the dangers of distracted driving. Consumer Reports released the results of a new poll that shows younger drivers are more likely to use handheld devices while driving -- and less likely to view them as a danger.

Starting today, a free guide for parents and educators called "Distracted Driving Shatters Lives" is available at the Department of Transportation (DOT)'s web site http://Distraction.gov and at http://www.consumerreports.org/distracted. Copies will be distributed to schools and volunteer groups by the National School Safety Coalition. The DOT and Consumer Reports today are sending a public service announcement to TV stations nationwide, and the guide will be highlighted in a Consumer Reports video to air in retail stores across America in April, where it is expected to reach as many as 100 million people.

Continue reading "Increased Efforts to Educate Teens About Dangers of Distracted Driving" »

Four people got out of their cars following a car accident on Interstate 95 near 103rd Street, only to be fatally run over by another vehicle moments later.
A fifth pedestrian, who had been in one of the cars, was sent to Jackson Memorial Ryder Trauma Center in an "incapacitated" state according to the Florida Highway Patrol.

As reported by The Miami Herald, the series of accidents began around 4:45 a.m. Saturday when an unidentified northbound car crashed into the concrete median wall near 103rd Street, blocking the left express lane.
Another car, a Ford, had pulled over on the shoulder.
"If he saw the first crash, he probably pulled over to check on the other people, at least that's my assumption," said Lt. Nathaniel Cain, FHP.
Shortly afterward, a Honda driver in the express lane swerved to avoid the crashed vehicle and lost control, plowing into the group of five people and the Ford.
The driver of the Honda and its passenger were sent to Ryder Trauma, along with the surviving pedestrian.

Continue reading "I-95 Accident Leaves 4 Dead" »

Follow link for National Bike Summit

A Pulmonary Embolism hospitalized Serena Williams's last month. Serena Williams was hospitalized in Los Angeles and she required emergency treatment Monday for a hematoma, a pocket of blood that swells under the skin.

A pulmonary embolism -- a clot that blocks blood flow to the lungs -- can be life threatening in severe cases, but Williams's spokeswoman, Nicole Chabat, said in a statement Wednesday that "thankfully everything was caught in time" and that Williams was resting and recovering at her home in Los Angeles.

Williams was previously injured and had been in a cast and a walking boot, which was removed last month. But Williams's longtime agent, Jill Smoller, said in a telephone interview Wednesday that the pulmonary embolism -- first reported by People Magazine's Web site -- was detected after Williams returned to Los Angeles from New York last month. Smoller said it required Williams to be "hospitalized for the weekend" of Feb. 19 and 20 at Cedars-Sinai Medical Center.

Dr. Byron Thomashow, a pulmonary specialist said that pulmonary emboli "are not uncommon," and that "almost always, they come from a clot in the leg that travels up to the lungs, and there is treatment that can certainly be very successful," Thomashow said. "Most pulmonary emboli are not life threatening."

"What I tell people generally is, once you're on the medication, you are generally safe," he said. "You can go out and do whatever you want to do within reason. You don't want to get into fistfights or anything that's going to make you bleed."

Williams was treated with anti-coagulant drugs, commonly known as blood thinners, after her operation in October. Morrissey said that the use of such drugs could increase the risk of a patient's forming a hematoma.

Continue reading "Serena Williams diagnosed with pulmonary embolism" »

Chrysler Group LLC recalled approximately 250,000 crossover wagon and minivans because of a defect that could allow the key to slip while driving, causing the engine to shut down without warning.

The affected models are the Dodge Journey crossover and the Grand Caravan and Chrysler Town & Country minivans. The vehicles are for the model year 2010 and were made from August 3, 2009 to June 17, 2010.

About 3 percent of the recalled vehicles are likely to be affected, Chrysler said in a notice posted on the National Highway Traffic Safety Administration website on Thursday.