Jacksonville Personal Injury Blog

A patient goes to a doctor for a medical procedure. Unfortunately, sometimes the outcome of that procedure is less than ideal. In an even smaller number of cases, the doctor may be guilty of medical malpractice, and failing to deliver the standard of care of a professional medical doctor. Patients may find themselves permanently injured and many decide to file a claim against the doctor.

In Georgia, the CEO of a Georgia medical services company, in an opinion piece in the newspaper, suggest those already injured should have to jump through one more hoop. It is a hoop that benefits the medical profession and insurance companies, not the injured. Instead of allowing victims of medical malpractice in Georgia their Constitutional right to a trial by jury, this author suggest that victims should have to appear before a “screening panel” comprised of members of the medical and insurance industries. Reminder- those are the same industries trying to avoid compensating injured patients.

Time for a dose of reality - only a fraction of those individuals injured by medical mishap ever see a trial. First, many people do not want to be involved in litigation. Secondly, the injury must be tremendous in order to find a lawyer willing to take your case. There is another special hoop in Georgia, the patient must find a medical professional willing to publicly criticize their colleague. That person must be credentialed and willing to sign a document swearing to the malpractice. Then there is another hoop – a judge must screen the case as well.

Continue reading "Injured by Medical Malpractice in Georgia? Jump through Hoops" »

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Posted In: Health & Information , Law & Information , Medical Malpractice , Personal Injury

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A 27-year-old woman was critically injured after driving her Toyota sedan into the rear of a semi truck on Interstate 75 early Monday morning January 11. The Florida auto injury accident happened about 1 a.m. near Big Bend Road, according to the Florida Highway Patrol. The injured woman is in Tampa General Hospital in critical condition, while the truck driver of Palm Bay Florida was not injured. We send her our prayers for a swift recovery.

After the woman hit the truck from behind, she spun into the grass median. The FHP will have to determine if she ever applied the brakes. If not, it is likely she was distracted or too tired to be behind the wheel.

Distracted Drivers
An investigator should begin by checking the cell phone records of this driver to see whether she was on the phone before hitting the back of the tractor-trailer. The National Highway Traffic Safety Administration estimates at least one quarter of crashes involves some form of driver inattention. Distraction is just one form of inattention and is a factor in more than half of these crashes. And distracted driving can include tuning the radio, reaching into the back seat, picking up something from the floor, drinking and smoking, texting, and putting on makeup, among other things.

Following Too Closely
Following a vehicle too closely is called tailgating and it is a form of aggressive driving that gives you few options if you need to stop suddenly.

Want to figure out how closely to follow the vehicle in front? Try the three-second rule. Select a fixed object such as a sign or tree. When the vehicle ahead passed the object slowly count ‘one-one-thousand” “two one-thousand” “three one-thousand” - making sure there is at least three seconds between you and the vehicle in front.

Continue reading "Tampa Woman Tailgating Semi in Critical Condition" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Truck Accident

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Situated in Columbia County, Lake City is often called the “Gateway to Florida.” Taking Columbia County’s staggering population of about 68,000 into consideration along with the estimated 12,000 inhabitants of Lake City, the “Gateway to Florida” is a popular and busy region. Although residents and visitors of Lake City do not want to admit that birth injuries or incidents of hospital malpractice take place in Florida and throughout the U.S., these tragic occurrences are an unfortunate reality that may impose devastating consequences for a family to endure.

Even though birth complication and injury is relatively uncommon, such incidents happen more often than many patients would like to admit. If a medical professional, doctor, or nurse fails to act in a timely and efficient manner in diagnosing and treating a mother or a baby during the birthing process, the mother and/or the baby can be harmed or seriously injured. Some of the most commonly seen birth injuries relate to scarring, disfigurement, and other serious health problems. When a medical professional’s negligence contributes to a birth injury taking place, an experienced Lake City birth injury attorney may assist a family in seeking compensation to help pay for expenses associated with the injury.

Hospital malpractice can take many forms and can tragically affect patients of all ages and with several different kinds of medical conditions. Nevertheless, a patient deserves to receive quality medical attention and proper care from doctors and nurses who are required by law to be accurately trained. If hospital negligence or malpractice makes a vulnerable patient develop a new illness or condition, suffer injury, or even death, those responsible may be held financially and legally accountable.

If you or a loved one has been afflicted by a birth injury or any other kind of hospital malpractice in Lake City, there are potential legal options available. Please get in touch with the skilled personal injury lawyers at Farah and Farah to learn more about how we can help protect your rights. We have been assisting injury victims and their families for many years and have the knowledge to obtain successful outcomes in hospital malpractice and birth injury cases. Contact Farah and Farah today at our Lake City office for a free and confidential consultation:

(386) 754-7534
212 N. Marion Ave Suite 208
Lake City, FL 32055

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Posted In: Medical Malpractice , Personal Injury

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As Haitians suffer in the aftermath of a catastrophic earthquake in Haiti, Americans are opening their wallets to give. Don’t be scammed.

A Consumer's Guide
The Better Business Bureau is advising consumers how to vet charity appeals on its Web site. Based on the group’s experience after Hurricane Katrina and the tsunami in 2004, fraudulent charities seem to spring from disaster.

Consumers should go to the BBB Web site to research charities and relief organizations that are accredited by the BBB and meet the 20 Standards for Charity Accountability.

Charity Navigator is the oldest and most reputable of organizations that check out the credibility of those soliciting donations. Please include them in any search you do.

The BBB suggests you:

• Beware of organizations that claim 100 percent of funding will go to help earthquake victims. Administrative and fund raising expenses always need to be funded.


• Be cautious about giving online. Many charities created overnight surfaced after the tsunami disaster in 2004.


• Find out if the group provides direct aid or is raising funds for others. Check out who is the ultimate recipient of funds.


• Giving clothing, food, water may not get to the intended unless the organization has people at the disaster site. Ask the charity about its distribution plans.

Continue reading "Charitable Donations to Haiti" »

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The 2010 Roadmap to State Highway Safety Laws report is out.

Published by the Advocates for Highway and Auto Safety, a coalition of insurance, consumer, health, safety and law enforcement organizations that promote safer roads and highways, it shows that promoting 15 model laws could save lives on our highways and roads. States are graded on their performance in adopting and maintaining model traffic safety laws. The report concludes that not one state has enacted all of the recommended laws. They include:

• Adult Occupant Protection – Seat belt enforcement and all-ride motorcycle helmet laws.


• Child Passenger Safety – Child booster seat law requiring children ages 4 through 7 be placed in a booster seat.


• Teen Driving Graduated Driver Licensing – This phases in full driving privileges in a three-state process and allows for primary enforcement of the law.


• Impaired Driving - Drunk drivers would face an ignition interlock device if they have violated the law in the past. There would be mandatory blood alcohol testing in fatal crashes and an open container ban.


• Distracted Driving – A ban on text messaging for all drivers unless there is an emergency.

There are almost 40,000 fatalities and 2.3 million injuries at a cost of $230 billion every year.

Every day 102 people were killed on the streets and highways while more than 6,000 are injured.

Continue reading "2010 Highway Safety Report" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Wrongful Death

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Situated in Northeast Clay County, the city of Orange Park is a suburb of Jacksonville, Florida. Orange Park has an estimated population of over 180,000 and has a high population density. In attracting visitors and new residents to its thriving community which is rich in history, Orange Park is a bustling region of Florida.

When taking Orange Park’s large population into consideration, birth injury has been known to occur due to the negligence of medical professionals or as the result of a different form of hospital malpractice. During such challenging times, families may find it helpful to seek legal guidance from experienced Orange Park birth injury attorneys who can help explain their legal rights and options.

Although birth complications and injuries are typically rare, they unfortunately occur more often than most Orange Park residents would like to believe. If a medical professional does not act in a timely manner or if a doctor fails to detect a problem or condition that they are supposed to be able to identify, a newborn baby may suffer severe health problems, scarring, disfigurement, or even death.

Birth injury is not the only form of hospital malpractice, but it can cause some of the most devastating consequences for a family to endure. However, no matter what an individual’s age or medical condition, he or she expects to be given quality medical care from a doctor, nurse, or other professional who is required by law to be adequately trained. If hospital malpractice or negligence causes an innocent patient to suffer harm, injury, or death, those responsible for such action and poor treatment may be held legally and financially accountable.

If you and your family have experienced a birth injury or another form of hospital malpractice in Orange Park, please contact the skilled personal injury lawyers at Farah and Farah. We have been protecting the rights of injury victims and their families for many years and know what it takes to reach a successful outcome in birth injury and hospital malpractice litigation. Get in touch with Farah and Farah today at our Orange Park office for a free and confidential consultation:

(904) 264-0700
1534 Kingsley Avenue
Orange Park, Florida 32073


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Posted In: Health & Information , Medical Malpractice , Personal Injury , Wrongful Death

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You go to the airport already a little tense about flying. Then comes the humiliation of a full-body scan - which essentially shows airport security personnel from the Transportation Security Administration or TSA most of the details of your body under your clothing. They are looking for any explosives or plastics so most people are willing to undergo the humiliation for the greater good.

TSA has insisted that there is no way to store or send these images and that the personnel will be secured out of sight of everyday passengers, so your dignity is maintained.

Now there is news from the Washington-based Electronic Privacy Information Center (EPIC), a public interest group focused on privacy that TSA can store and send your images. The group has obtained documents that TSA specified in 2008 that full-body scanners at airports must have the capability to store and send images. That opens up the possibility for abuse by TSA employees, EPIC’s director says. EPIC says the ability to store and send exists when the machines are in the test mode.

The TSA should suspend further deployment of the machines until the privacy questions are resolves, says EPIC Executive Director Marc Rotenberg, reports CNN. EPIC is pursuing a lawsuit to obtain additional documents about the machines.

40 machines are currently being used at 19 airports domestically and an additional 300 machines should be used in airports by 2011.

Continue reading "Body Scanners Can Store and Send Images" »

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After news surfaced that Chinese manufacturers allowed dangerous levels of lead to be present in children’s toys and jewelry, a different substance – cadmium – was used instead. However, a recent associated press investigation has revealed that the heavy metal cadmium which has replaced lead in children’s jewelry is no substitute at all. Cadmium poses many dangers to children as well. Lab tests conducted by the associated press discovered that the most contaminated piece contained 91% cadmium. Bought on a national level, other pieces of jewelry amounted to a weight of 84% to 89% cadmium.

It is no secret that cadmium is a carcinogen and can easily come off of objects, thus contaminating the hands and other body parts of users. As additional concern arose regarding the exposure of this dangerous chemical substance to children, the Associated Press bought 103 items from store locations throughout Texas, New York, California, and Ohio, all during the months of November and December. What they found in the purchased items was that 12% of the jewelry items had at least 10% of cadmium present.

One of the worst offenders sold a contaminated bracelet charm- Wal-Mart, Claire’s, and the dollar stores:

• Three flip flop bracelet charms sold at Wal-Mart – 84 to 86 percent cadmium. The company that imported the items - Sulyn Industries of Florida says the charms were subject to lead testing not cadmium.


• Four charms from two “Rudolph the Red-Nosed Reindeer” bracelets sold at Dollar N More store in Rochester, NY – 82 to 91 percent cadmium.


• Two charms on a “Best Friends” bracelet bought at Claire’s – 89 to 91 percent cadmium.


• Pendants from four “The Princess and The Frog” necklaces purchased at Wal-Mart – ranged between 25 to 35 percent cadmium.

“There’s nothing positive that you can say about this metal. It’s a poison,” said Bruce A. Fowler with the Centers for Disease Control and Prevention, who is a cadmium specialist and toxicologist.

Many parents and consumers may be wondering why the substance cadmium has become a problem. The answer relates to the fact that federal protection has not involved banning cadmium being in jewelry. However, lead is prevented from being present in and on children’s toys.

Continue reading "Toxic Metal in Kid's Jewelry from China" »

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Posted In: Health & Information , Personal Injury , Product Liability

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Two men riding in a truck in Northeast Florida accidentally flipped over Thursday night and one man lost his life.

A 38-year-old Elkton, Florida man was a passenger in the Jeep Grand Cherokee driven by his friend of St. Augustine. The man who was ejected was not wearing his seat belt when the vehicle traveled into the grass median and overcorrected before it flipped around 9 p.m. There is no word on why the vehicle drifted off the road except that that’s where the road curved. The driver, also not wearing his seat belt, was seriously injured and taken to Flagler Hospital in St. Augustine.

According to the Florida Highway Patrol report, alcohol was involved in the auto accident which occurred on State Road 207 in St. Johns County, south of Meadowbrook Road.

Our condolences go out to the family of the men involved.

Personal injury attorneys in Florida will tell you that wearing a seat belt is essential to saving lives. Whenever we hear a vehicle occupant was ejected, the first question we ask is, was he wearing a seat belt? More often than not, an ejected passenger will suffer a head injury which could ultimately be fatal.

A new survey shows that seatbelt use in Florida is at an all-time high - 85 percent - exceeding the national average of 84 percent. That may be due to the primary seat belt law that went into effect in June. It allows law enforcement to pull drivers over solely for not wearing a seat belt.

Back in 1998, only 57 percent of drivers buckled up.

Continue reading "North Florida Man Killed After SUV Flips" »

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Posted In: Auto Accidents , Law & Information , Personal Injury

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It was an unbelievable fall at a Jacksonville Beach strip mall.

A 7-year-old boy plunged through a skylight on the roof, falling 14-feet to the ground. A witness said she heard the child cry and the boy’s mother and sister were also on the roof.

The child was transported by air ambulance to Shands Jacksonville and is reported to be in serious condition. The skylight was a dome made out of soft plastic and not glass and it is reported to be flexible, which likely prevented the boy from severe lacerations.

The property owner says no one is supposed to be on the roof. Our prayers go out to the little boy for a swift recovery.

Under Florida law, the first step is to understand the specific legal category the injured person occupies. Unless the mother owns the building or had some reason to be there, she could be cited for illegally trespassing. Did the landlord want them up there? Was there some good reason they might be on the roof, such as easy access and an attraction?

Under normal Florida premises liability law, the owner of a building has the responsibility to make sure that it is in good working condition for everyday use, which in this case might be shopping.

When he boy fell, he complained of back and arm pain. Some people complain (rather cynically) that the mother will likely find a personal injury attorney to represent her for financial gain. What’s interesting here is that unless this woman had a reason to be on the roof – there may be a limited application of premises liability law here.

In order for this mother to file a premises liability case, her attorney must prove that the property owner knew or should have known of the dangerous condition, that a person could likely encounter the condition, whether invited or not, and then failed to correct this condition.

The duty to a trespasser is a lot less, but trespassers too are owed a duty to prevent injury, especially if they are children. Generally that applies to attractive nuisances such as swimming pools, deserted car, trampolines, or refrigerators.

Continue reading "7-Year-Old Falls Through Mall Skylight" »

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Posted In: Law & Information , Personal Injury , Premises Liability

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A single-car wreck in Jacksonville has left one person dead and three injured, including a baby. None of the automobile occupants was wearing a seat belt. The accident happened on Edgewood Avenue and Valley Forge Road Monday morning.

Police report that the three people were heading west when their vehicle suddenly hit a sign and a telephone pole about 6 a.m. and then went airborne, during which time all three occupants were ejected. A 20-year-old woman was taken to Shands Jacksonville where she was pronounced dead.

We know there was fog on the road at the time of the accident and the roads were wet. The Jacksonville Sheriff’s Office is asking for any witnesses to help with information on the case by calling 904-630-0500, or call Crime Stoppers at 866-845-TIPS and you can remain anonymous.
In an accident, the insurance company for the other side will argue that there should be little or no liability because the individuals were not wearing a seat belt. The driver’s attorney can argue that wearing a seat belt in this case would not have increased the chance for survival or avoiding injury.

In 2008, The Florida Highway Patrol reports that there were 1,795 traffic deaths of drivers and passengers in the state, 60% or 1,085 of these people were not wearing their seat belts.

And 68 % of the children up to age 17 killed in auto accidents in Florida last year were not using safety equipment such as seat belts or child restraint systems.

Continue reading "Young Woman Killed in Single-Car Wreck" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Wrongful Death

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Need to get a driver license in the New Year?

You will need to be aware of the new documentation requirements by the Department of Motor Vehicles. Beginning January 1, 2010, those who need a new license, or who have changed their name or are there to replace a lost or stolen license or ID card must bring the following: 1) identification, 2) a Social Security number and 3) two items that show your residential address.

If you simply need to renew the license, you can do so via the Internet or by mail one time between office renewals in a state driver license office or a participating tax collectors office. The state has created a Web site www.GatherGoGet.com to help you with what is required and provides drivers with a list of local driver license offices.

Continue reading "New Requirements to Get Florida Drivers License" »

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