Miami Injury Lawyer Blawg

Sandor Guillen was driving his 2010 Range Rover at 100 miles per hour around 5 a.m. in a buses-only road, when he crashed his car into a Mini-Van. The impact killed Kaely Camacho, a 13 year-old girl who was on her way to school. Sandor Guillen was driving while under the influence, and rather then stay and help Kaely, he tried to flee from the accident. Fortunately, he was apprehended.

For those of you that follow my blog, you may have noticed my disdain for two things in particular:

1. Hit and Run Motorist
2. DUI Motorist

Here we are again with the same story. A senseless, cowardly act takes the life of a 13 year old girl.

Mr. Guillen plans to ask for a bail reduction today. Kaely's family is opposing the bail reduction, and Kaely's sister Breeann posted a video on you tube.

This is just a heart breaking story and my thoughts and prayers go out to the Camacho family.

Continue reading "DUI Motorist Who Fled The Scene And Killed Young Girl To Ask For Bail Reduction" »

Two people died this morning as a result of a violent collision, at the intersection of Miner Road and Congress Avenue in Boyton Beach.

A Jeep Grand Cherokee was headed north on Congress Avenue while a Vento scooter with two passengers aboard was westbound on Miner when the vehicles collided. Like most intersection collisions, the question is whether the northbound vehicle failed to stop at a red light or whether the scooter failed to yield the right of way.

If the Jeep ran the red light then the family of the deceased can bring a claim for Wrongful death.

A recent Hit and Run bicycle accident epitomizes the problems we face in Miami. As a Miami accident lawyer that specializes in Bicycle accidents and Medical Malpractice,the death of Miguel Rocafort is a tragic example of the problems we face while living in south florida; Hit and Run Accidents, Bicycle Safety, and Medical Malpractice.

Rocafort, 51, a bicycling enthusiast was hit by a driver who kept going Saturday at 6:50 a.m.

Miami-Dade Fire Rescue rushed him to Kendall Regional Medical Center, which has a class II trauma center, rather than take him to other hospitals that were closer.

Rocafort suffered a broken neck in the form of a fractured vertebrae, a serious head injury, fluid on the brain, and a broken leg. Despite the extent of his injuries, the family says Kendall Regional attempted to discharge Rocafort on Monday, just two days after the accident.

"They told me the insurance was tightening up," said the wife, Flor Graham. "I told them he was too seriously injured to go home yet."

Graham, who is a medical assistant at Jackson Memorial Hospital, said Kendall Regional allowed her husband to remain one more day, releasing him Tuesday. Less than 36 hours later he would be dead.

"He wasn't well. It wasn't like it was a little hit, it was a terrible accident" said long-time friend and neighbor Rosa Pena. "I think they let him go too soon, way too soon."

Rocafort's widow agreed, saying her husband was in extreme pain even as he left the hospital Tuesday.

About 2 a.m. Thursday Rocafort's pain worsened and he developed difficulty breathing, then lost consciousness. His wife administered CPR. He was pronounced dead later at Baptist Medical Center in Homestead after being taken there by fire-rescue.

Hit and Run. Leaving the scene of a fatality is a first-degree felony punishable by up to 30 years in prison. It is also a felony to leave the scene of an accident when someone is injured, but it's a misdemeanor when there are no injuries. Beyond a Hit and Run, being a criminal act, it is a morally reprehensible act of cowardliness. One out of every 5 pedestrians killed on the roads die from a hit-and-run, according to a National Highway Traffic Safety Administration.

So why does Miami have so many Hit and Run accidents? The first reason is the number of drivers who do not have a valid drivers license. The AAA Foundation of Traffic Safety found that 21% of all fatal crashes involved drivers with no valid license. AAA found that unlicensed drivers are 66.36 times more likely to be a hit-and-run driver than a licensed driver.

The second reason deals with the fact that a Hit and Run driver is often driving while under the influence. The driver feels he is better off leaving his victim to die, rather than face possible criminal prosecution for DUI.

Continue reading "Bicyclist Dies Following Hospital Malpractice" »

Timing can be everything for the unfortunate victims of a stroke. To that end, approximately 800,000 strokes occur in the United States each year, of which 600,000 are ischemic strokes.

There are two major types of stroke: ischemic stroke and hemorrhagic stroke.

Ischemic stroke occurs when a blood vessel that supplies blood to the brain is blocked by a blood clot. This may happen in two ways:

A clot may form in an artery that is already very narrow. This is called a thrombotic stroke.

A clot may break off from another place in the blood vessels of the brain, or from some other part of the body, and travel up to the brain. This is called cerebral embolism, or an embolic stroke.

Ischemic strokes may be caused by clogged arteries. Fat, cholesterol, and other substances collect on the artery walls, forming a sticky substance called plaque.

A drug called tissue plasminogen activator -- tPA -- dissolves clots and restores blood flow.
However, the drug must be given timely, or the effectiveness may not outweigh the risk of hemorrhage.

As a stroke malpractice lawyer, I have represented numerous individuals who had unfortunate outcomes, because the doctors did not timely recognize that their patient was having a stroke, or did not recognize that their patient was suffering from a transient ischemic attack(TIA), and would later go on to have a stroke.

The guidelines for administration of tPA required administration within 3 hours from onset of symptoms. However, a 2009 study published by the American Stroke Association found that certain patients may still receive a benefit up to 4.5 hours after the onset of symptoms.

Patients who cannot receive tPA more than three hours after a stroke:

Patients over age 80
Patients taking blood thinning drugs (anticoagulants)
Patients with a history of stroke and diabetes

Thus, a majority of the population may still benefit from the administration of tPA up to 4.5 hours from the onset of stroke symptoms. While it is still not a lot of time for treatment, the window has increased by 50%.