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Posts Tagged "surgery"

Did Halifax Surgeon Really Just Admit That He Performed Surgery On Patient’s Wrong Leg? (Video)

Posted by on Aug 19, 2013 in Medical Malpractice, Qui Tam (Whistleblower)

Did Halifax Surgeon Really Just Admit That He Performed Surgery On Patient’s Wrong Leg?  (Video)

I thought the story below was worthwhile to share for three reasons: First, I was shocked to learn how poorly Halifax Hospital is apparently being run. One would think that things would have to be pretty bad for the State of Florida to threaten to immediately stop Halifax from accepting Medicare and Medicaid. Two, I am very surprised that a surgeon would ever admit that he operated on the wrong leg because he “wasn’t paying attention.” Surgeons operate on wrong or mistaken body parts all the time, but it is very rare in my experience that the surgeon would ever admit fault so freely. While I admire this doctor’s willingness to tell the truth, it would not surprise me if, coincidentally, the Statute of Limitations had run on any potential medical malpractice claim the surgeon decided to become so forthright. Three, this story is important because it apparently arises out of information revealed in a lawsuit already pending against Halifax. Halifax has been sued by more than one former employee in whistleblower, also called qui tam, lawsuits. Under federal law, any whistleblower who comes forward with evidence that a person or entity has defrauded the United States government is entitled to recover a percentage of the money ultimately recovered on behalf of the government. The pending Halifax lawsuit alleges that Halifax has defrauded the Medicare and Medicaid programs out of millions of dollars. There is a similar whistleblower lawsuit also pending against Florida Hospital here in Orlando. If you have any questions regarding a surgery where the surgeon operated on the wrong body part, or if you have information that an organization fraudulently billed and collected money from the federal government, call Winter Park attorneys Kim Cullen and Robert Hemphill at...

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Distracted Driving In Trucking Industry: Motivation Deficit? | Orlando Truck Accident Attorney

Posted by on Aug 18, 2013 in Motor vehicle accidents

Distracted Driving In Trucking Industry: Motivation Deficit? | Orlando Truck Accident Attorney

I saw an interesting article on the Insurance Journal website about a symposium recently held by Travelers Insurance and the Virginia Tech Transportation Institute regarding safety issues in the trucking industry. Among many other topics discussed, distracted driving by truck drivers was a key concern among the fleet managers and insurance industry attendees.  New technology was highlighted that is designed to help protect against distracted truck driving, such as onboard safety monitoring devise and automatic braking crash avoidance systems.  According to university research 78 percent of truck accidents involve a driver not looking forward at the onset of braking of vehicles in front of him. What drew my attention, as a Florida truck accident attorney, was a remark from a safety researcher that he was concerned that many truck drivers have a “motivation deficit” regarding distracted driving.  Despite training and information campaigns, apparently many drivers still cannot find motivation to operate their trucks without distractions. This was actually driven home to us in one of our recent cases, when a truck driver using his cell phone crashed into our client’s parked car, causing her to require a cervical fusion surgery, and consequently, causing her to lose her job. When questioned in his deposition, the truck driver denied that having a cell phone in his hand while he tried to shift gears and turn the steering wheel of his truck all at the same time was unsafe.  Unbelievable!  What more motivation do these drivers need than the potential that their huge vehicles could seriously injure someone. If you have a question regarding an Orlando truck accident call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Flagler Dog Owner Responsible For ALL Damages Arising From Five Dog Attack

Posted by on May 13, 2013 in Dog Bites

Flagler Dog Owner Responsible For ALL Damages Arising From Five Dog Attack

When a dog bites someone in Florida, the dog’s owner is responsible for all of the damages the dog cause, regardless of whether they are obvious in the beginning, or not. WESH.com reported that Brandi Bookamer, a Bunnell woman who saved her child when the two of them were attacked by five dogs last week, was back in the hospital. Apparently, Ms. Bookamer’s wounds from the initial dog bites have not gotten infected, and thus have required additional treatment. In the meantime, the dogs owner has turned the dogs over to Flagler County authorities, and the dogs remain in quarantine. As a Florida dog bite attorney, Ms. Bookamer’s situation provides a couple of teaching points. First, consumers should know that dog owners are strictly liable when their dogs bite someone. The only exceptions are provocation or trespass. Second, dog owners are responsible for ALL of the damages caused by their dogs. Even if a dog’s initial bite seems somewhat minor or manageable (and I’m not suggesting that being attacked by five dogs would ever be considered minor), if those wounds get infected, or if the victim requires scar revisions or cosmetic or plastic surgery, all of those expenses (and any scarring left over) are the responsibility of the dog owner. For Ms. Bookamer’s sake, we are going to keep our fingers crossed that the owner of the five dogs that attacked her has homeowner’s insurance, and there there are no tricky insurance policy exclusions. If you have a question following a Florida dog bite, don’t hesitate to call Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at...

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