February 24, 2008

Medical Malpractice Avoidance

As Orlando medical malpractice lawyers we have found that too many innocent patients could have avoided injury from medical malpractice had they been less forgiving of their doctor’s obvious shortcomings. Often patients see red flags at their doctor’s office yet fail to find a different doctor. This becomes tragic when medical malpractice follows a series of signs that were simply ignored. So, we have found the following three steps to positively assist patients in finding the right doctor.

Interview-Just as you would with any other professional, interview your doctor. Make an appointment to meet and chat with a doctor that you are considering to care for you or your family. Or go for a first visit that involves a minor problem “to see what you think.” You do not want to be blindly choosing a doctor when you have a serious medical condition.

Check them out on the Internet-People can easily Google or Yahoo! Any doctor they are considering. Within a few minutes you may find the doctor’s website, news stories about him, good or bad, and there are websites with objective information, including medical malpractice information. Evaluate his training and board certification at the American Medical Association’s website. Several Web sites such as RateMDs.com and HealthGrades.com also have doctor ratings.

Check out the staff- Remember, you're not just choosing a doctor. You're choosing his staff as well. They're more important than you might think. When you're feeling desperately ill, you're at their mercy to squeeze you into a packed schedule. A good doctor who has a rude receptionist, sloppy nurse, or careless assistant spells trouble and frustration.

February 11, 2008

Limits on Injury Lawsuits

We have previously discussed the unfairness of placing arbitrary limits on injury lawsuits. These limits or “caps” in injury lawsuits involving children, elderly and stay-at-home mothers work the greatest hardships. As Orlando injury lawyers we believe that jurors who listen to all the evidence are well-qualified to decide what, if any, damages are fair for the injury involved.

Recently, the Ohio Supreme Court upheld a state law Thursday that limits how much a person
injured by a defective product can collect in non-economic damages, reversing its stance. The lawsuit involved the Ortho Evra Birth Control Patch made by New Brunswick, N.J.-based Johnson & Johnson. The woman who brought the lawsuit claimed the product caused her permanent physical damage and threatened her ability to have children, and her lawyer argued that limits on damages were unconstitutional.

The majority opinion in the 5-2 ruling, written by Chief Justice Thomas J. Moyer, said the Ohio law did not violate the constitutional rights of injured parties to trial by jury, to a remedy for their injuries or to due process and equal protection. Of course, the decision has been praised by The U.S. Chamber of Commerce, National Association of Manufacturers and the National Federation of Independent Business Legal Foundation who had joined in urging the court to uphold the law. Obviously, corporate interests want to protect profits and not the people who may be harmed by dangerous products.

February 5, 2008

CVS Pharmacy Injury

After all the CVS commercials showing warm, friendly moments consumers would likely expect the company to quickly take responsibility for injury to its customers. Yet, a recent trial shows that CVS Pharmacy like most companies seek to avoid responsibility for its carelessness.

A Florida jury considered the injury claims of a customer who was innocently walking in a local CVS pharmacy store. At that time, the customer slipped and fell over a plug in the CVS store that he did not see and did not expect to be on the floor. Interestingly, the CVS Pharmacy store did not place caution or warning signs in the aisle to alert customers to the fact that they were cleaning, despite an unwritten policy to place such caution signs in front of outlets.

As Orlando injury lawyers, we are pleased that at the conclusion of trial, the jury returned a verdict for the customer to compensate for the back and herniated disc injury suffered. Indeed, it is sad that a customer who fell as a result of the store failing to comply with its own policy, and needing to undergo surgery to repair herniated discs had to go through trial. Yet, this is exactly why those suffering injury in retail stores need a lawyer prepared and qualified to go to trial.