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Posts Tagged "medical"

Will Woman Whose Head Was Run Over By Lifeguard Vehicle Ever Collect $2.6 Million Verdict?

Posted by on Jul 15, 2014 in Motor vehicle accidents, Recent News

Will Woman Whose Head Was Run Over By Lifeguard Vehicle Ever Collect $2.6 Million Verdict?

I read with interest a story that appeared on the WESH.com website regarding a recent Central Florida.jury verdict. Last week a Volusia County jury ruled in favor of a in favor of a 36-year-old woman , and issued a verdict for $2.6 million. The woman, whose name is Erin Joynt, was vacationing in Daytona Beach in 2011 with her family when a full-sized beach patrol pick-up truck ran over her head she laid in the sand on the beach. Ms. Joynt suffers from partial facial paralysis, had a number of fractures, as well as and vision and hearing loss. Ms. Joynt testified at trial that she continues to experience constant pain. The jury divided its award this way: $100,000 for future medical expenses, $500,000 for loss of earning capacity, $500,000 for for past pain and suffering, and $1.5 million for future pain and suffering. As a Florida personal injury attorney, the most interesting aspect of this case will be what happens next with regard to actually collecting on this verdict. Since the jury verdict was against a governmental entity, the local lifeguard agency, many people do not realize that Florida law limits the amount of money that any person who is injured due to the negligence of a governmental employee can collect in a case. As of this writing, the limitation is $200,000 per injured person. Even though a jury of her peers believes Ms. Joynt’s claim is worth over $2 million, likely the only way that Ms. Joynt will ever collect $200,000 will be by pursuing a very complicated procedure called a Claims Bill all the way through the Florida Legislature. If the Legislature passes a bill to provide Ms. Joynt with the money, it will still be up to Governor Rick Scott to sign it. The reality is that our Republican-controlled state legislature very rarely passes Claims Bills. I hope they make an exception for Ms. Joynt. If you have any questions regarding an injury involving a governmental entity, or the Claims Bill process, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Why Are Florida Medical Malpractice Cases So Expensive To Pursue?

Posted by on Apr 16, 2014 in Medical Malpractice

Why Are Florida Medical Malpractice Cases So Expensive To Pursue?

We are fortunate to have many potential clients come into our offices and speak with us about potential medical negligence cases.  Virtually every potential client has what seems like a legitimate complaint against a doctor, hospital, or other medical provider over the medical care that they, or a loved one, has received. In many instances we agree with the potential client that a medical provider has been negligent, however in many — if not most — cases we have to decline representation.  One of the most common reasons why we do not pursue medical negligence cases has nothing at all to do with the merits of the case.  Instead it has to do with the expense of bringing the case. Since most medical negligence cases are handled on a contingency fee basis (i.e. the lawyer invests his time and his own money in the case in hopes of being paid at the end of the case if his client wins), attorneys have to be confident that a case is strong enough and will generate enough in damages to warrant pursuing the case in the first place.  Because medical negligence cases are so expensive, lawyers generally do not take cases unless they have the potential to deliver significant damages. What makes medical malpractice cases so expensive?  The Florida Legislature has created a medical malpractice system that requires any claimant bringing a claim to have an expert witness prepare a written report stating that the care received by the victim from the doctor or hospital deviated from the accepted standard of care.  Sometimes multiple reports are required.  Each report will generally cost tens of thousands of dollars.  Doctors who are willing to criticize their colleagues generally charge a hefty fee for doing so.  And this is only the beginning.  Once a medical malpractice case gets underway there are generally additional, costly medical experts required.  Almost all of these expert witnesses will be located out-of-state, so travel expense is almost always required.  It is not unusual for a medical negligence case to have one hundred thousand dollars in case costs spent before trial even begins. Unfortunately, medical negligence cases almost always come down to having to make a business decision, and very rarely have to do with something as simple as whether the treating doctor was right or wrong. If you have questions regarding a potential Florida medical malpractice case, or how medical negligence cases work, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Doctors, Businessmen Battle For Holy Grail Of Brain Injury Diagnosis, Treatment

Posted by on Jan 8, 2014 in Motor vehicle accidents, Recent News

Doctors, Businessmen Battle For Holy Grail Of Brain Injury Diagnosis, Treatment

I saw an article in a recent edition of the New York Times that I thought was worth sharing. The article described the acceleration in research and development that is going on in the field of brain injury detection and treatment as a result of the headlines associated with aging NFL players and their medical problems.  As most of us now know, many NFL veterans are beginning to suffer the ravages of chronic traumatic encephalopathy, likely as a result of repeated trauma to the head playing the game of football. According to the piece, there are several physician/business groups who are hard at work to develop the go-to, or Holy Grail, test and treatment protocol to deal with these kinds of traumatic brain injuries.  Some doctors are even claiming that they are close to developing ways to heal or reverse the damages cause by closed head injuries.  Other doctors say that this kind of breakthrough is still years away, and that medical consumers should be skeptical of claims that seem to be too good to be true. Regardless, and as an attorney who has represented many clients who have suffered mild and moderate traumatic brain injuries (TBI) from accidents, there are many, many people who would pay practically anything they had just for a chance to get their pre-injury lifestyle back.  Traumatic brain injury can be debilitating – even though there are no broken bones and no obvious injury on an X-ray or MRI.  There is obviously a huge potential market for a diagnosis or treatment method that will help these people. The New York Times article is definitely worth the read. If you have any questions regarding a Florida car accident or slip and fall that resulted in a traumatic brain injury, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901, or visit cullen-hemphill.com....

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