Dallas Hospital Settlement Medical Malpractice Lawsuit for $2 Million For Death Contributed By Radiologist Who Failed To Properly Review CT Images

Radiology is a branch of medicine that uses x-rays and other images to diagnose and treat diseases. Radiologists are the physicians that specialize in radiology that interpret the radiology. They are crucial to disease management in patients because they have the education, training, tools, and techniques to obtain detailed information about patients’ diseases including the stage of the disease, the progression of a disease, and the location of disease. Medical doctors in other fields rely on the radiologist’s interpretation of x-ray and CT images in order to set plans for treatment, prescriptions, and maintenance. A radiologist that fails to adequately review the images may cause additional harm or death to a patient.

Georgie Burstein’s husband was transported by paramedics to West Boca Medical Center in January 2015. He hit his head on a filing cabinet while he was trying to tie his shoe. At the time of the injury, he was on blood-thinning medication, which placed him at risk for a brain hemorrhage; therefore, a doctor ordered CT scans. Radiologist Steven Fuhr interpreted Mr. Burstein’s CT images and said he found no hemorrhaging. The hospital discharge him fifteen minutes after Fuhr’s conclusion about the images. However, after Burstein left the hospital, his condition worsened, and he went to a different hospital. The radiologist at the second hospital found massive internal bleeding in Mr. Burstein’s brain. The next day he died.

Georgie filed a negligence lawsuit in April 2017 against hospital chain Tenet Healthcare, Dr. Fuhr, and his employer Sheridan Radiology Services of South Florida. The lawsuit alleged that Fuhr did not properly review Mr. Burstein’s CT images. He received almost 700 images of Mr. Burstein’s brain, but he only took a half of second to look at each image. In total, he spent six and a half minutes interpreting the scans. Evidence was produced to show that Dr. Fuhr failed to properly review the images and missed a serious health issue that led to the patient’s death. The lawsuit settled in favor of Georgie and her deceased husband for two million dollars.

Radiologists are medical professionals. Under Florida law, they have a standard of professional conduct that must meet. The standard is a recognizable and acceptable level of skill, care, and treatment with the radiology profession. To determine whether a radiologist has meet his standard of care, the trier-of-fact must look the surrounding circumstances at the time of the alleged wrongful medical act. If the radiologist fails to meet his standard of care, he is liable for medical malpractice. The family of a patient that dies because of a doctor medical negligence may seek compensation for the death of their loved one as well damages they incurred from the person’s death.

Damages from a medical malpractice lawsuit may be economic damages or noneconomic damages. When damages have a set amount, they are called economic damages and include medical expenses, lost wages, and lost earning capacity. Noneconomic damages are not calculable amounts and usually are based on the emotional and mental damages for the injuries. They include physical impairment, pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life. For medical malpractice cases, Florida law limits the amount of noneconomic damages that a claimant may receive.

The State of Michigan Reaches Settlement With Flint Residents for $600 Million For Lead Contamination in Water Supply

Traumatic brain injuries are more commonly discussed brain injuries. They occur when a hit or jolt on the head cause damage to a person’s brain. Non-traumatic brain injuries can also occur and cause severe brain damage. With a non-traumatic brain injury, the damage to brain is caused by internal issues such as deprivation of oxygen or nutrient to brain cells or exposure to toxins.

Lead poisoning may be classified as a non-traumatic brain injury. Heavy metals, such as lead, can enter the body is several ways. People can breathe them in, eat them, and absorb them through their skin. It is found environment, certain foods, medications, and in water. Lead in the body can health problems and can lead to kidney and brain damage as well as death.

In children exposure to lead is high concern because their bodies are still developing. Lead can significantly affect the ability to develop and function at a normal rate. The effects of lead poisoning who children include:

  • Poor fine motor skills
  • Lack of verbal reasoning
  • Inability to regulate emotions
  • Hyperactivity
  • Mental delay or disability

Between April 2014 and July 2016 residents of Flint, Michigan were exposed to contaminated water after the city switched its water source in April 2014. The change was a money-saving measure; however, the water was not treated with anti-corrosive additives. This resulted in the water supply scraping lead from aging pipes and fixtures and contaminating the tap water. Soon after the switch, residents began to complain about the smell, taste, and appearance of the water. Reports of health concerns and problems began to arise.

In the summer of 2015, research tested samples of the Flint water and found that they had abnormally high levels of lead. Following the test results, a group of doctors announced that local children had high levels of lead in their blood. Many Flint residents used bottled water for more than a year as their sources of drinking and household water.

In November 2015, Flint residents filed a federal class-action lawsuit against several defendants including the State of Michigan, the Governor of Michigan, and the city of Flint. The defendants reached a settlement agreement for $600 million to be paid to the residents. A majority the settlement will be distributed to children. Of the 80% earmarked for children, nearly 65% will go to children who were 6 years old or young when they were exposed to the contaminate water.

Under the Florida Safe Drinking Water Act, Florida declares that citizens of Florida are assured the availability of safe drinking water at all times through the state. State law sets forth drinking water standards including the monitoring and testing the water, preventive on certain additives to the water supply, and procedures if there are contaminants in the water. Penalties may be imposed for violation of the Act, including fines for each daily of violation or noncompliance or injunctive relief to prevent violations.

The City Of Chicago Settles Car Crash Lawsuit For Over $3 Million Due To Negligence

Every day people die because of drunk drivers, including the intoxicated drivers themselves. In the United States, one person dies in drunk driving related crashes nearly every hour. Alcohol can impair a person’s ability to function normally. It can interfere with clear thinking, reasoning, and coordination. A person does not have to reach near unconsciousness while intoxicated in order to lose the ability to have the alertness to operate a vehicle safely. Because alcohol is a chemical substance it affects people differently. While the amount of alcohol consumption can lead to severe intoxication, each person’s body processes alcohol with a different result. This is why a person with a blood-alcohol content level below the legal limit can still be so impaired that they pose a serious danger when operating a motor vehicle. They can cause an accident so severe that they cause permanent injuries to others and themselves.

In 2014, Kelsey Ibach was the passenger in a car operated by an intoxicated driver. The driver caused a car crash in which the vehicle went down an embankment and landed on its roof. As a result of the accident, Ibach was left paralyzed. The driver of the vehicle fled the accident scene. Ibach and the two other passengers filed a lawsuit against the driver of the vehicle, two nightclubs and their owners, and the City of Chicago.

The claim against the city was that they failed to adequately repair the embankment, which was unprotected. The embankment is at an intersection near the Chicago River. The lawsuit claimed that the intersection was improperly designed and maintained; therefore, the city was liable for the vehicle being able to go down the embankment. Chicago’s City Council agreed and approved a settlement for $3.7 million to Ibach and the other two people injured in the car crash. The driver who fled the accident scene paid approximately $100,000 and the club owner who served the driver was held liable for one million dollars.

An at-fault driver can cause an accident while driving under the influence and not be solely liable for the crash. Florida law assigned comparative fault with more than one party is liable for an accident. Under comparative fault, a percentage of fault is assigned to each at-fault party based on their amount of liability that contributed to the accident. In a drunk driving accident, the drunk driver is at fault for violating the state traffic laws by driving under the influence of alcohol. Under the Florida Dram Shop Act, the club owner may be held liable for serving alcohol to the intoxicated driver if the driver was a minor or the owner knew the driver had a alcohol addiction.

The city may also held liable for a drunk driving accident if its failure to maintain the roadway and other city property created a situation that enhance the likelihood of more danger. For example, an embankment with a barrier between the roadway at the embankment, increases the likelihood of a vehicle or person of fall into the embankment. The city has a duty to design and maintain the embankment to make it less accessible for people to fall into the embankment and get injured or killed.

The rights of Florida nursing home residents

When people think of nursing homes, they primarily think of facilities where older adults reside. Sometimes the residents need around-the-clock nursing care and others live independently within a community. Although residents may depend on the assistance of nursing home employees, they still have rights.

Florida law lists several rights that nursing home residents have in Florida. Nursing homes must let the residents know of their rights. Moreover, the facility must also make a public statement of rights and responsibilities. The report should also outline the responsibilities and duties the nursing home workers have to the residents.

The rights ensure the health, safety and self-sufficiency of all residents of nursing homes. The ten legal rights residents in Florida nursing home have, include:

  1. The right to make independent personal decisions.
  2. The right to private and uncensored communication for correspondence, telephone use and visitations.
  3. The right to have access to health, legal and other services.
  4. The right to present a complaint to the facility.
  5. The right to handle their finances and financial affairs.
  6. The right to know of their medical condition and treatments.
  7. The right to refuse medical treatment and receive information about the consequences of refusing treatment.
  8. The right to have privacy in care for their personal needs such as toileting, bathing and other personal hygiene activities.
  9. The right to fair, courteous and dignified treatment.
  10. The right to be free from abuse, extreme punishment, involuntary seclusion or restraints.

Traumatic brain injuries to children while at daycare

Daycares and other childcare facilities are necessities to many parents and guardians of children not yet in school. Some childcare facilities take care of children afterschool who would otherwise be home alone. Florida law defines childcare as the care, protection and supervision of a child for less than 24 hours a day regularly for payment or fee. Daycares supplement parental care via supervision and interactions such as recreation, education and provision of food for a limited time of the day.

Childcare facilities usually have more than five children in their care that are not related to the operator of the facility. At times monitoring and caring for multiple children at a time can become overwhelming. Situations may occur in which one or more daycare worker violate their duty to care to the children at the daycare. Breach of these duties can result in an injury such as a traumatic brain injury (TBI).

A traumatic brain injury is often the result of a bump, blow or jolt to the head. Children are at a higher risk for a TBI than adults. Consider the case of children at a Florida daycare. The daycare management found video of one of their employees hitting and abusing the children in their care. Ultimately, the worker was charged with child abuse.

The Florida case illustrates a serious case of child abuse than could easily lead to TBI or other injuries.

If you or someone you love suspects abuse or their child sustained a TBI at a daycare center, then you could file a criminal or civil case. Parents and guardians have a right to file a lawsuit to receive compensation for resulting medical bills and pain and suffering.

Electric scooters are entering busy no-ride zones in Tampa, says report

Electric scooters have enjoyed popularity since they were first introduced in Tampa in May 2019. However, safety concerns still persist about this new mode of transportation despite the pilot program’s overall success.

Under the program’s guidelines, people are prohibited from riding the scooters on the Riverwalk, Seventh Avenue and Bayshore Boulevard, which are among Tampa’s busiest walkways. However, the four scooter companies operating in the city have been inconsistent when it comes to complying with the no-ride zone restrictions.

According a City of Tampa report, scooter users entered no-ride zones over 1,150 times during September and October. The Riverwalk accounted for two-thirds of the violations. Lime had the most offenses with 425.

A Lime spokesperson said the company has been working on rider safety and focusing on keeping riders out of no-ride zones. The reason for the high number of violations could be because Lime scooters do not fully brake when entering banned areas. Instead, they slow down to three miles per hour.

Some of Tampa’s most popular running paths and major pedestrian walkways are overcrowded as it is. Adding scooters to the mix poses potential safety issues in congested areas that are full of walkers, runners and bikers.

Electric scooter companies are working on better enforcement of rules and scooter integration into cities. In the meantime scooter riders, bicyclists and pedestrians should continue to be cautious and vigilant to ensure everyone stays safe.

If you have been injured in an electric scooter accident, contact the Tampa personal injury lawyers at Joyce & Reyes. We offer free consultations.

Slip and fall accidents can lead to traumatic brain injuries

Slip and fall accidents most commonly result in injuries like broken bones, sprains, bruises. However, more serious injuries are also possible. Slip and falls cause head injuries that range from mild concussions to life-altering traumatic brain injuries (TBIs).

Certain types of falls can result in brain injuries, depending on factors such as how you land and whether the fall took place from a great height. For instance, a severe blow to the head is possible after falling down a flight of stairs. In fact, falls are the leading cause of TBIs, especially among children and older adults. Around 35 percent of brain injuries are linked to slip and fall accidents.

If you hurt your head in a slip and fall accident, make sure to get medical attention. Sometimes, signs of a brain injury may not show up until days later. As a result, it is important to pay attention to any physical or cognitive symptoms you experience. Symptoms like headaches, nausea, dizziness, poor coordination, blurred vision or slurred speech may indicate a brain injury.

If you suffered a brain injury in a slip and fall accident on someone else’s property, it is worth considering your legal options for seeking compensation. Depending on how severe the accident was, you may be left struggling with medical bills due to expensive treatments while being unable to work.

In Florida, property owners and businesses have a duty to keep their premises reasonably safe for guests and customers. The key to a successful negligence claim is proving that the property owner knew or should have known about the hazardous condition that led to the fall and resulting injury.

The experienced Tampa personal injury lawyers at Joyce & Reyes understand the complexities involved in such cases. Contact us to learn how we can help.

3 essential tips for driving safely at night

No matter how experienced a driver you are, getting behind the wheel of a car at night is inherently less safe than driving during daylight hours. Over half of all driver deaths occur after sundown, according to the National Safety Council. In addition, nearly 75 percent of fatal pedestrian accidents take place after dark.

Without question, drivers need to be extra cautious when driving at night. A proactive approach to nighttime safety can help drivers protect themselves, their passengers, pedestrians and other motorists. Here are some key safety tips to remember when driving after sundown:

Avoid distractions

While distracted driving should be avoided at all times, it has the potential to be even more dangerous at night. Texting, eating, adjusting the radio and other distracted behaviors while driving can take your attention off the road. In addition, your reaction time is likely to be slower at the end of the day, increasing the risk of serious accidents.

Check vehicle lights

Make sure your vehicle’s headlights and taillights are working properly and aimed correctly. When driving at night, you should be able to see what’s on the road and be visible to other drivers without blinding them. Use your car’s high beams to improve visibility in rural areas or on poorly lit roads, but be sure to turn them down when you see an oncoming vehicle.

Reduce driving speed

Drivers are likely to be less alert at night. Even with headlights, it can be hard to see the road ahead. As a result, it is best to lower your speed and avoid tailgating when driving in the dark. Driving at slower speeds gives you more time to react to animals, pedestrians and potential road hazards that can be difficult to see at night.

If you have been injured in a car accident in Tampa, contact the experienced attorneys at Joyce & Reyes to learn how we can help you pursue compensation for your injuries.

Not enough people are buckling up in the back seat, says highway safety report

According to a recent report by the Governors Highway Safety Association (GHSA), most drivers instinctively put on their seat belts when they get behind the wheel, but not enough back seat passengers are buckling up. About 90 percent of adults wear seat belts in the front seat, but the number drops to 76 percent for back seat passengers. Only 57 percent of people buckle up in the back seat of for-hire vehicles such as taxis, Uber and Lyft.

People fail to wear seat belts in the back seat for several reasons. Most often people claim that they were in a rush, did not think it was necessary on short trips, or were uncomfortable doing so. The GHSA study found that 803 people died in crashes while sitting unbuckled in the back seat of a vehicle in 2018. Around half of the deaths may have been prevented if the passengers had worn seat belts.

In 2017 and 2018, Florida had 66.6 percent of rear seat passengers wearing seat belts in fatal accidents, which is below the national average. Under state law, all drivers, front seat passengers and everyone under the age of 18 are required to fasten their seat belts. However, the state has no back seat belt law.

According to the report, 20 states have no mandatory seat belt requirements for adult passengers in the back seat. Safety advocates recommend that all states enforce strong seat belt laws and promote the benefits of seat belt usage.

Everyone should wear a seat belt no matter where they sit in a vehicle. Buckling up can prevent injuries and save lives during car accidents. If you have been hurt in car accident, contact the lawyers at Joyce & Reyes to find out how we can help you recover compensation.

How using social media can damage your personal injury claim

If you have been injured in a car accident, you may instinctively decide to post an update about it on social media to quickly and easily let your friends and family know how you are doing. However, what many people do not realize is that posts on Facebook, Instagram, Twitter and other social media platforms can have a devastating impact on your personal injury case.

Anything you post online can be used against you by the opposing party, including at-fault drivers and their attorneys, to undermine your case. It is not uncommon for insurance companies to monitor your social media accounts after an accident and attempt to gain access to them. As a result, it is best not to accept new followers or friend requests from anyone you do not know personally until your case is over.

Importantly, avoid sharing anything about your case on social media. Even seemingly innocent posts that are unrelated to your accident or injuries can jeopardize the outcome of your personal injury case. Photos are often used in court to contradict an accident victim’s claims. For instance, a photo of you at a party with friends after an accident may be used as evidence that your injuries are not very serious, even if you were smiling through your pain just for the photo or standing up only for a few minutes.

You should also adjust your privacy settings to prevent others from tagging you in photos or mentioning you on social media sites, which can be just as damaging as your own posts. Online posts are never truly private. In most cases, defense lawyers can request access to your posts, chat conversations and private messages as part of the discovery process even if you have limited public access to them.

The safest course of action is to stay off social media and even shut down your accounts until your accident claim is resolved. After a car accident, you want to do everything in your power to protect your rights and present the strongest possible case. Speak to a personal injury attorney at Joyce & Reyes to learn how we can help you maximize the compensation you deserve for your injuries.