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INJURY BLOG

Vehicle Rollovers in Palm Beach County Send Several to Area Hospitals

Two separate car accidents in Palm Beach County around the middle of the month both involved vehicle rollovers, and both were serious enough to send some of the vehicle occupants to the hospital. In a single car accident southbound on the Florida Turnpike in Boynton Beach, a car struck a wall and rolled over, landing on its side in the road. The driver of the vehicle was taken to Bethesda Hospital West and treated for minor injuries. In Lake Worth,

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Federal Judge Rules Florida Medical Malpractice Consent Rule Runs Afoul of HIPAA

Earlier this year the Florida legislature made several changes to the state’s medical malpractice law. One provision, found in Florida Statutes 766-1065, required the injured patient in a medical malpractice suit to allow the attorneys for the defendant doctor and his or her insurance company to discuss matters related to the case with any of the patient’s other health care providers, without the patient or his or her attorney being present. Fortunately, this invasive law was recently struck down in

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Miami Beach Taser Death Revives Debate Over Product Safety

The tragic death of an 18-year old graffiti artist in Miami Beach earlier this month is sure to spark renewed debate over the safety of stun guns that deliver electric shocks to incapacitate their targets. A related question concerns when it is reasonable to use the stun guns if they should be used at all. An investigation last year conducted by Amnesty International uncovered at least 500 deaths since 2001 that occurred after a person was Tasered. At least 60

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Change in California Medical Malpractice Damages Caps Would Exceed Florida

If a petition currently being circulated in the Golden State is eventually successful, California medical malpractice damage caps may soon be adjusted for inflation, something that has never been done since the caps were first enacted in 1975. The move would surpass Florida’s caps, leaving the Sunshine State trapped in the past with a cap on compensation for victims of medical negligence that is worth less and less every year. If the consumer group Consumer Watchdog California can gather enough

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Traumatic Brain Injury Increases Risk of Alzheimer’s Later in Life

It is obvious that a traumatic brain injury (TBI) can cause significant cognitive impairments following a head injury in a slip and fall, auto accident, or another personal injury. But did you know that a TBI also greatly increases an individual’s likelihood of developing Alzheimer’s disease or some other form of dementia, even years after the accident? Research conducted over the past 30 years has turned up this link in study after study. One study found that young adults who

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A year after Florida passes Personal Injury Protection “reform” and the debate rages on

In May 2012 we posted a blog about the passage into law of HB 119, the so-called Personal Injury Protection (PIP) reform bill that was going to lower your no-fault insurance rates by 25% (see Florida Passes Personal Injury Protection (PIP) Reform: A Boon for Consumers or a Curse for Injured Drivers and Passengers?). Since then, parts of the law have been ruled unconstitutional, and some legislators are debating whether to continue with PIP at all. Recall that along with

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Should AEG be held liable for Michael Jackson’s death?

Music legend Michael Jackson died on June 25th, 2009 from a heart attack attributed to a combination of drugs prescribed by his personal physician, Dr. Conrad Murray. Jackson at the time was in the rehearsal stage for an upcoming comeback tour sponsored by entertainment giant AEG. Dr. Murray was found guilty of involuntary manslaughter in 2011 and sentenced to four years in prison. In a trial that began April 29th, 2013, Jackson’s mother and three children are suing AEG for

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Jackson Family Sues AEG in Michael Jackson Wrongful Death Lawsuit

The wrongful death lawsuit against Anschutz Entertainment Group (AEG) in the death of pop superstar Michael Jackson began April 29th, with opening statements from the lawyers for the plaintiffs and defense.   The suit is being brought by Michael’s mother, Katherine, and his three children, Prince, Paris and Blanket. Michael’s mother and two of his children are among the around 100 witnesses expected to testify in the trial, along with a list of celebrities including Diana Ross, Quincy Jones, Spike

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Risk Maps May Help Reduce Florida Auto Accidents and Traffic Deaths

Today at Fetterman & Associates we want you aware about the road safety in Florida and even in United States. Road safety is critical to reducing accidents, but how do we know which roads are safe to travel and which roads should be avoided? How do state and federal highway authorities know where to allocate scarce resources to the highest priority areas? The United States Road Assessment Program (usRAP), an ambitious program of the AAA Foundation for Traffic Safety, may

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New Florida Law Rubs Massage Therapists the Wrong Way

The courts have entered another chapter into the continuing saga of the 2012 PIP Act, a Florida law enacted in May of 2012 that prohibits massage therapists, as well as acupuncturists, from billing their services to Personal Injury Protection (PIP) insurance. This same law also seeks to cap chiropractic care at $2,500 and only allows chiropractic services when they are based on a referral from the patient’s primary care physician. A lawsuit was filed in November of last year to

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Injuries at Daytona Speedway Raise Questions about Sporting Event Tickets and Liability Disclaimers

It’s a rare case where victims may be barred from obtaining compensation for injuries caused by someone else. More than 30 people were injured at Daytona International Speedway last month when a wreck involving two NASCAR racers caused debris to shoot into a crowd of spectators. Consequently, the prospect of a law suit has emerged, but it could be a difficult case for the victims to win. On its face, the situation might otherwise appear to be a typical case

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No Texting While Driving Gets the Green Light

Florida is one of only five states without any restriction on using a cell phone to text message while driving (the other four are Arizona, Montana, South Carolina and South Dakota), but after this week the state is one step closer joining the majority of states banning the activity. House Bill 13, which would make text and drive a secondary offense subject to monetary fines and/or point penalties passed unanimously out of the Florida House Transportation subcommittee. This is after

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