Miami Injury Lawyer Blawg

The most eggregious cases of Medical Malpractice occur when a Doctor performs an unnecessary medical procedure for money. Unfortunately, these cases are more prevelant
then one cares to imagine.

One case in particular was the subject of a CNBC special.

Dr. Michael Rosin received a 22-year federal prison sentence for defrauding Medicare by performing unnecessary surgeries on elderly patients from the Sarasota area. Rosin also was ordered to pay $48,866 to patients and $3.6 million to the Medicare trust fund. He had to forfeit another $3.7 million to the government.

865 elderly patients went under Rosin's surgical knife, even though biopsy slides seized from his office showed no sign of cancer or were in such poor shape they couldn't be read.
He diagnosed cancer on nearly every patient who came into his office, and almost always removed four layers of skin during surgeries. This, of course, is a statistical anomaly.

Assistant U.S. Attorney Katherine Ho said that abuse of the doctor-patient relationship is exactly what makes a long sentence necessary to send a message to the community.

Continue reading "Florida Doctor Who Performed Unnecessary Procedures Sent To Prison" »

I have often written about the danger of bicycle riding in South Florida. Cyclist are confronted with angry drivers, distracted drivers, and on Wednesday a cyclist was struck by driver under the influence of narcotics.

Ikuyo Ohigashi was arrested Wednesday afternoon on charges of DUI property damage and DUI serious bodily injury to another. Ohigashi, was traveling west on Lake Worth Road at about 12:18 p.m. Wednesday when she struck 65-year-old Pertti Viljo Savela, who was riding his bicycle in the bicycle lane near Corrigan Court.

Savela, was thrown from his bike and hit his head on Ohigashi's windshield, shattering the glass. He suffered a brain injury, multiple rib fractures, a bruised lung, and a large laceration on his head. He was flown by Trauma Hawk to Delray Medical Center.

As reported by The Palm Beach Post, Ohigashi told deputies she saw Savela in the bicycle lane and thought he "wobbled over" into her vehicle lane. She also told a deputy that she had taken a 750 mg Vicodin pill several hours before the crash.

She tested negative for alcohol in her system and was too dehydrated for an accurate blood test, which is an indicator of narcotic use, the affidavit said.

Less than two hours before she hit Savela, Ohigashi's SUV crashed into a Dumpster which in turn pushed into another car in a Palm Beach parking lot, according to Palm Beach police. She was charged with failure to leave information. She also reported to deputies that she had hit a tree or shrub as she left her home. Palm Beach police said she also was involved in a crash on Sunday.

Car accidents in Miami are sometimes unavoidable. However, a 2008 car accident caused by a 17 year old habitual texter, is the very definition of an avoidable accident that was caused by a distracted driver.

As reported by The Miami Herald, Myriam del Socorro Lopez was a passenger in a car travelling eastbound on Bird Road, when Luis Cruz-Govin, 17 was speeding and weaving in and out of traffic in his father's Subaru when he slammed into Lopez's vehicle. Lopez died on the scene.

According to evidence presented in the case, Cruz-Govin was driving between 61 and 69 miles per hour in a 40 mph zone. Records showed an outgoing text at 8:19 p.m. On the day of the accident Cruz-Govin had sent 127 texts. Asif speeding and texting was not enough, there was marijuana and cocaine in the Subaru, and a partially consumed bottle of Delsym cough syrup.

Police at the scene charged Cruz-Govin with speeding and reckless driving, but not vehicular homicide. He was given a $2,000 fine, and his license was suspended for six months. In addition, he had to complete a court- ordered advanced driving course.

As I recently wrote, The National Transportation Safety Board recently recommended that the Federal Government ban the use of all cell phone and texting devices during driving. Studies show that Distracted Drivers are 8-10 times more likely to be involved in an accident.

Continue reading "Jury Returns $8.8 Million Verdict Against Distracted Driver" »

In hopes of reducing Car Accidents, The National Transportation Safety Board said on Tuesday that it had voted to recommend the ban on the use of mobile devices by drivers, citing what it said were the risks of distracted driving.

The recommended ban applies to hands-free devices, a recommendation that goes further than any state law to date. The agency said it is recommending that drivers be allowed to use their phones for emergency purposes only.

This proposed ban is in would go a long way in reducing accidents caused by distracted driving. Hopefully, Florida will follow the lead and pass long overdue legislation.

35 States have a ban on texting while Driving. Florida does not, and remains one (1) of 15 states without a ban on sending text messages while driving.

The legislative session starts in January 2012, and hopefully lawmakers will enact a ban during the 60-day session.

Despite widespread public support for such a law, bans have been defeated because Republicans view the law as an intrusion on personal liberty. Sen. Ellyn Bogdanoff, R-Fort Lauderdale, famously blocked a proposed texting ban from being heard in her House committee in 2010, a move that killed the bill.

Under the proposed ban, it would still be OK to text at a red light, or use GPS, talk on the phone or dial a number while driving. The ban would extend to composing emails and instant messages.

The first violation would result in a $30 fine. A second violation within five years of the first would cost $60 and three points added to a driver's license. Six points would be added if the use of a wireless communications device resulted in a crash.

Lobbyists from AAA, AT&T and AARP spoke in support of the measure.

Thirty-five states have introduced texting bans on all drivers. Other states have added restrictions for certain groups, such as teens and bus drivers. Of course, Florida has no such laws.

"It's time that we caught up with the rest of the nation," said Sen. Arthenia Joyner, D-Tampa, during the committee meeting, "because texting is addictive."

Some lawmakers are trying other ways to curb distracted driving. An idea (SB 122) from Sen. Eleanor Sobel, D-Hollywood, would require driver improvement and learner's permit courses to include a segment on the hazards of using phones and other devices at the wheel. It passed its first committee hurdle Wednesday.

And Reps. Irv Slosberg, D-Boca Raton, and Sen. Thad Altman, R-Rockledge, have introduced a ban (HB 187/SB 930) on minors using cellphones on the road. Slosberg wants to include school bus drivers, as well.

While the full state Senate has been warm to the ban, having passed it in 2010, the House is another story.

Continue reading "Florida Needs To Pass A Ban On Texting While Driving" »

A man that was part of a three-person crew attempting to load a 3,000-pound commercial oven onto a truck was crushed when the oven fell off a forklift.

The accident happened shortly after noon at the closed La Reina supermarket in Palm Springs Plaza at 3403 S. Congress Ave.

Palm Beach County Fire Rescue crews were able to lift the oven off the man at about 2 p.m. and his body was transported to the Palm Beach County Medical Examiner's office.

As reported by The Palm Beach Post, fire rescue District Chief William Rowley said a high pressure air bag was used to lift the oven. The air bag, described as being as thin as an envelope, was small enough to fit under the oven and then was inflated to raise the oven between 8 and 10 inches off the ground.

Continue reading "Man Crushed To Death When Oven Falls Off Forklift" »