July 2, 2009

Escaped Pet Python Snake Strangled 2 Year Old Girl (Shaunia Hare)

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In Oxford, Florida (Sumter County), a 12 foot long Burmese python snake broke out of its aquarium and strangled Shuannia Hare, a 2 year old girl. The snake's owner, Charles Jason Darnell, discovered that the snake was out of the aquarium and found the snake on the 2 year old girl. The girl had bite marks on her head. It was reported that Mr. Darnell did not have a permit for the snake. It is uncertain from reports how Mr. Darnell obtained possession of the snake. It is certainly tragic that a 2 year old girl died from a snake strangulation while in her own home. You can read more about this story at Escaped Pet Python Strangled Two Year Old Girl.

Any business or homeowner in possession of a snake should make sure that the snake is contained in a safe, secure aquarium, cage, or container. Snakes should be safeguarded away from children and in a place that cannot be accessed by children or pets.

June 28, 2009

Summer Time Fun and Child Injuries

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In Florida, summer time gets kids outside. It is a time for swimming, bicycle riding, running away, going to the beach, and playing all kinds of other sports. It is also a time for kids to get injuries from minor ones to more serious personal injuries. It is helpful for parents, counselors, caregivers, and others to have some first aid essentials available for children including: sunscreen, hydrocortisone cream, antibiotic creams and ointments, bug spray, bandages, band aids, gauze pads, hydroperoxide, and other essentials.

It is vital that children stay well nourished and hydrated during these hot summer days. Parents and caregivers should do their best to prevent problems or injuries from taking place at all. When there is a problem, use your first aid kit. For more serious problems and injuries, consult with your pediatrician or go to a local emergency room. You can read more about common summer time injuries at Summer - A Time for Fun and a Time for First Aid.

June 24, 2009

Texas A & M College Student (Justin Richard Delval) Died from Alcohol Poisoning

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Vacations and weekends are times for college students to have fun. Some college students equate having fun with drinking a lot of alcohol and doing drugs. Unfortunately, many college students suffer serious personal injuries and death every year due to excessive drinking and / or use of drugs. In Panama City, Florida, Justin Richard Delval, a student from Texas A & M, was found in a ditch in front of the Sterling Reef Condominium in March 2009. An autopsy report showed that Justin had a blood alcohol level of .45 which was almost 6 times the legal limit of .08. It is a tragedy that Justin died from basically drinking too much. You can read more about this story at College Student Died from Alcohol Poisoning.

June 19, 2009

St. Johns County, Florida 1 Year Old Dies After Being Left in Car Seat

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In St. Johns County, Florida, a 1 year old girl died after her father had mistakenly left her in a car seat in this hot summer weather. According to a news report in the Florida Times Union website / newspaper, the father drove his wife to work but did not realize that the mother had put the little girl in her seat in the back of the vehicle. Rescue workers eventually were called over to the family home in St. Augustine Shores. It is truly tragic that this 1 year old little girl died in her car in the summer heat. You can read more about this story at Florida 1 Year Old Left in Car Seat Dies.

June 18, 2009

What is the Difference Between Heat Stroke and Heat Exhaustion?

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In the blistering summer heat especially in Florida, children are at risk for heat exhaustion and heat stroke. What is the definition of these terms?

Heat exhaustion usually involves a fever of 104 degrees or less, thirst, fainting, cool & clammy skin, weakness, aching muscles, sweating, slow heartbeat and dizziness.

Heat stroke is a condition that may result from untreated or unrelieved heat exhaustion. Heat stroke takes place when the body temperature rises and the cooling system of the body stops working. This is a potentially life threatening condition that may involve shortness of breath, nausea, vomiting, fatigue, rapid heart rate, and decreased urination.

See Children's Hosital (Aurora, Colorado) Webiste.

Both heat exhaustion and heat stroke take place due to exercise in hot weather. Preventative or safety measures can be taken by parents, coaches, summer camp counselors, and other to help prevent heat exhaustion and heat stroke. Measures include providing children with frequent breaks, good hydration, and limits to the total play or exercise time for the children.

June 14, 2009

4 Year Old Italian Boy (Francesco Martinisi) Dies From Injuries in Hyperbaric Blast in Broward County, Florida

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A 4 year old Italian boy recently died from injuries sustained in an explosion at a hyperbaric chamber in a Lauderdale-by-the-Sea clinic. The incident happened on May 1, 2009. In addition to the death of Francesco, his grandmother (Vincenza Pesce) also died as a result of this blast. The family is represented by Fort Lauderdale attorney, Russell S. Adler, who stated that the incident should not have happened. Francesco travelled all the way from Italy to get this special treatment that could not be easily obtained in Italy. He had cerebral palsy. You can read more about this story at 4 Year Old Italian Boy Dies as a Result of Injuries from Hyperbaric Explosion.

June 3, 2009

Laboratory Results Show that Teen (Geoffrey Winesmann) Died from Bacterial Meningits

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A 15 year old freshman from Ocoee (Florida) High School died may have died from bacterial meningitis according to officials from the Orange County Health Department. Geoffrey Winesmann's life may have ended due to a very dangerous bacteria called Neisseria meningitidis. This bacteria can cause a severe infection of the bloodstream affecting the brain and spinal cord. While incidents of this bacterial infection are uncommon, health officials including emergency room doctors and pediatricians should be on the lookout for possible signs and symptoms of this potentially deadly condition. You can read more about this story at Florida Teen May Have Died from Bacterial Infection.

May 25, 2009

Kaydin Matheisen's Story - Surviving Child Abuse and Brain Injury

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In Florida and other states, parents and children are living with the aftermath of child abuse on a daily basis. In Lee County, Florida, Kaydin Matheisen is one example of a child who was abused and now has serious ongoing medical problems. Kaydin was the victim of the abuse of his father's girlfriend - Rosemary Kunz. Florida detectives blame her for the brain injury and subsequent medical problems. You can read about Kaydin's medical journey and his parents hope for his future at Kaydin's Story - Surviving Brutal Child Abuse.

April 23, 2009

Florida Government is Lenient in Disciplining Doctors

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The State of Florida Board of Medicine is the agency that licenses and oversees medical doctors licensed to practice medicine. The Public Citizen is a consumer group that monitors disciplinary actions and filings against doctors. The State Board of Medicine according to a recent news story ranks 44th of the 50 states in disciplinary actions. Dr. Sidney Wolfe, president of Public Citizen, commented that Florida is "failing to protect the people of Florida against these relative few doctors who are not practicing as they should be."

"Florida has never been that great but they've really tanked in the past year," said Dr. Sidney Wolfe, acting president of Public Citizen. "They are failing to protect the people of Florida against these relative few doctors who are not practicing as they should be."

You can read more about Florida's ranking, the Board of Medicine and the Department of Health at Florida Is Lenient in Disciplining Doctors.

February 20, 2009

Court Rules that Vaccine is not linked to Cause of Autism

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A special vaccine court recently ruled against parents seeking compensation through the Vaccine Injury Compensation Program. It was estimated that more than 5,000 claims were filed by parents and caregivers seeking compensation for damages related to Autism that were allegedly caused by Thimerosal-containing vaccine. The court concluded that the scientific evidence overwhelmingly did not support the claims of the parents on behalf of their children. Litigation on related issues continue. Nonetheless, the ruling in this case was a disappointment to families seeking compensation for injuries that, according to the families, their attorneys, and expert witnesses, were related to vaccines.

You can read more about this story at Court Rules that Vaccine is not Linked to Autism.

February 10, 2009

Palm Springs (Florida) Middle School Students Get Sick After Taking Xanax At School

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Drug dealing at school cause major problems. What is drug dealing? Well, it can be the selling of drugs or merely the passing out of drugs to friends and other students at school. One student at Palm Springs, Florida Middle School thought it was a good idea to bring in Xanax pills to school and pass them out to other students. Nine students who took the drug became ill with two of the students requiring an hospital evaluation and care. Xanax is a common drug used for anti anxiety. It is also a dangerous drug in the hands of children who lack good judgment when taking drugs. Experimentation can lead to serious personal injuries and death to children. You can read more about this story at Palm Springs, Florida Students Get Sick After Taking Xanax at School.

January 15, 2009

Disney World Installs Defibrillators at Resort Thrill Rides

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Disney World has been the site of some heart attacks and other medical conditions during thrill rides. As far as I can remember, there are warning signs on many of the high action thrill rides advising of the risks of the rides to guests with heart conditions, guests with pace makers, guests who are pregnant, and other guests. Some take the risks of the ride even though they are aware of the risks. Others do not know that they are at risks and then suffer a medical condition or event during the ride. Whatever the situation, it is important for Disney World located in Orlando, Florida and other theme parks throughout Florida and the rest of the nation to be prepared for a medical emergency that takes place during a ride at a theme park. Disney World sets up its theme parks in a way that encourages people to remain at the park rather than leave and come back. It is quite a chore, walk, and ride to get back to your vehicle at Disney World. Due to this, it makes it even more important for Disney World to be prepared for a medical emergency. Hopefully, the number of medical emergencies in the future at Disney World are limited in number. When there is a medical emergency and a defibrillator is available, then the staff should be trained in its use, the defibrillator should be in good working order, and the defibrillator should be properly used. The timely and proper use of a defibrillator can save a life. You can read more about this story at Disney World To Install Defibrillators at Its Thrill Rides.

January 13, 2009

Bonita Springs Man (Jan Willem Koks) Arrested for Cruelty to a Child (Fractured Leg) in Bonita Springs, Florida

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Jan Willem Koks, age 24, was arrested and jailed in Lee County (Bonita Springs) Florida recently with a charge of cruelty toward a child. According to the Lee County Sheriff's Office arrest report, the 2 month old child was taken to the hospital 17 hours after observation of a visible injury. When the parents were at the hospital, there was no explanation for how the injury occurred. A cold or flu can take place for unexplained reasons. Typically, there is a reason or explanation for a fractured leg on such a young child. The fracture to the right leg, bruising in the area of the fracture, delay in treatment, delay in reporting, and other factors led the hospital to report this matter to the police and led the police to an arrest. Under Florida law, Mr. Koks will have the right to an attorney and a trial if necessary. Hopefully, additional information will be obtained through the investigation that will help explain how this child was hurt. The Florida Department of Children and Families put the child into sheltered care pending the investigation. In many instances, the child will be placed in the care of extended family with orders in place as to no contact or supervised contact from the parents. You can read more about the story at 2 Month Old Shows Up at Lee County Hospital with Leg Fracture.

Unfortunately, children suffer personal injuries and even death in Florida schools, day care centers, neighbor's homes, playgrounds, malls, theme parks, and, yes, even there own homes every day. Injuries inflicted due to abuse, neglect, or negligence should be investigated by the police, Department of Children and Families, and / or a Florida Child Injury Lawyer. Children should be protected (not harmed) and given the best care and supervision by parents, family, caregivers, teachers, friends, and neighbors at all times.

January 11, 2009

Volusia County Teen Doused with Gasoline and Burned - Legal Rights and Responsibilities

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The Associated Press reported that a Volusia County 17 year old was doused with gasoline and severely burned at a bonfire. The brief news story reported that it was an accident. Bonfires take place at various functions in Florida and other places. Once the bonfire is set, it is important for the bonfire to be properly monitored and supervised so that nobody is injured or burned from the bonfire or any of the materials that go in or come out of a bonfire. You can read about this story at Volusia County, Florida Teenager Burned After Being Doused with Gasoline.

The burn injuries of this Volusia County teen raises many questions that would play a part in the legal responsibility for the burn related injuries and related medical expenses in bills. In particular, as a Florida child injury lawyer, the following legal questions / issues come to mind:


Who was the owner of the property where the bonfire took place?

Who set up the bonfire?

Who was responsible for the monitoring of the bonfire once it was set?

Who was monitoring the bonfire at the time of the incident?

How did the incident take place?

What was the response to the injury?

What first aid was available?

Hopefully, the teenager will receive top level medical care to attend to the burns that she sustained as a result of being doused with gasoline. Cases involving scarring are particularly troublesome for child as the injuries can last a lifetime and can sometimes affect dating, social interaction, high school, college, and employment.

January 4, 2009

Lauderhill (Broward County) Florida Day Care Center Under Investigation After Baby (Robert Porter) Was Scalded / Burned

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The South Florida Sun-Sentinel reported that an 8 month old baby, Robert Porter, was injured at Uncle Charles Learning Center located at 3421 West Broward Boulevard, Lauderhill, Florida. Apparently, the child was injured from a hot water bottle heater that spilled over the child's face and head while he was under the care and supervision of Uncle Charles Learning Center. Robert suffered second degree burns as a result of the incident. Criminal charges are being investigated and considered by local authorities. Day Care Centers like Uncle Charles Learning Center have a duty under Florida law to provide for a safe physical environment for the children. Water scalding burns should not happen in a day care center if the facility is properly equipped and the child are properly supervised. In addition to scalding water, day care facilities should keep other hazards away from children including but not limited to sharp objects / knives, tools - screwdrivers, hammers, etc. . ., chemical and cleaning products, medications, and other things that could potentially hard the child. You can read more about the Robert Porter story at 8 Month Old Burned at Day Care Center in Lauderhill, Florida.

December 20, 2008

Chicken Pox May Be the Cause of Death to Daytona Beach, Florida Boy

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A 12 year old Daytona Beach boy died at home recently. The Volusia County Health Department and the Volusia County Medical Examiner are conducting an investigation to determine if chicken pox was the cause of death. While rare, chicken pox can cause death in some children. According to the CDC (Center for Disease Control), there were 8 recorded fatal cases of chicken pox between January 2003 and June 2004.

I suspect that the medical examiner will complete an autopsy to determine the cause of death which will include blood tests and other laboratory and pathology testing.

While chicken pox is a common childhood ailment, parents should consult a pediatrician regularly when there is an outbreak to make sure that all steps are taken to meet the medical needs of the child. It is also helpful for parents to educate themselves as much as possible regarding chicken pox and other childhood ailments. You can read more about the Daytona Beach story at Florida Child May Have Died from Chicken Pox.


December 13, 2008

Ocala Florida Mom Arrested for Defrauding Church Members Out of Money - Don't Lie about Your Child's Health to Get a Buck

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An Ocala mother was arrested for defrauding church members out of money in Ocala (Marion County), Florida. She told church members that her child had cancer and needed money for a medically necessary kidney transplant. The whole story was a hoax and the mother merely took the money for her own personal use. She received prayer, money, and then an extended invitation to the local jail. You can read about this story at Florida Mother Defrauds Church Members in Ocala, Florida.

It is a shame that a mother would bring a child into a fraudulent scheme of this nature. It sets a bad example for other parents and children for that matter. While Misty Dawn Everly was arrested and did apologize for her actions, it does not erase or wash away her conduct. It is a criminal case that should be prosecuted accordingly.

December 8, 2008

Jacksonville Florida Public Schools Have Problem with Air Pollution

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When parents send children to school in Jacksonville, Florida and other cities, there are concerns that a parent may have. These include education, safety, bullying, resources, meals, and other general issues. Parents should not have to worry about the air quality or air pollution in schools. Unfortunately, in Jacksonville, Florida and many other cities across the nation, there is a problem with air pollution in the public school system. Five schools in Duval County ranked among the worst schools in the nation for air quality. These schools were Reynolds Lane Elementary, Paxon School for Advanced Studies, Paxon Middle School, Biltmore Elementary, and Palm Avenue Exceptional Center. Other schools in Clay County and Nassau County were among the worst schools in the nation for air quality (i.e. there is an air pollution problem in the school system). You can read more about the study and rankings at Air Studies Reveal Toxic Levels in Schools Around the Nation.

December 4, 2008

Naples Florida Teen Arrested for Shoplifting After Swallowing Evidence

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A Naples, Florida teen (William A. Colburn) was recently arrested at a JC Penny Department Store for shoplifting. William put earrings valued at $16 into a VitaminWater bottle. He thought he would casually walk out the store with the jewelry. He was wrong. William was escorted back into the store where he thought he could outwit police and the security guard by drinking and swallowing the evidence. William probably did not pay much attention to the Discovery Channel or science class about X-Rays. William was taken to a local hospital where X-Rays were taken. Of course, the X-Rays lit up the foreign objects (earrings). It does not appear that the earrings will be returned or put back up on a sales rack once they pass through William A. Colburn.

This story did not have much of a tragic ending but it could have. Children swallow foreign objects every day. Some are smooth and small and pass through without a problem. Others are larger, jagged and sharp. These objects can cause medical problems in the form of choking and / or damage to the intestinal tract of a children. Serious child personal injuries and, in some cases, wrongful death, can result from swallowed foreign objects.

You can read more about the William Colburn story at Florida Teen Shoplifts and Swallows Evidence.

December 3, 2008

Volusia County Sheriff's Office Investigating Death of 17 Year Old (Jamie Gibson)

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A Volusia County, Florida teenager (Jamie Gibson) died recently in a home near New Smyrna Beach, Florida where he had been spending the night. Reports indicate that Jamie and two friends drank vodka mixed with ginger ale. According to the friends, Jamie drank most of the vodka. Jamie woke up at approximately 3:00 a.m., vomited, ate some bread and then went back to bed. Jamie was later found unresponsive by the friend who woke up an adult for assistance. Jamie was taken to Bert Fish Medical Center in New Smyrna Beach, Florida where he was pronounced dead.

Autopsy results of pending. It appears that alcohol may have played a role in the death of the teenager. There are good reasons for a drinking age of 21 in the State of Florida. Despite the law being in place, there are still ways for teenagers to get their hands on alcohol. Unfortunately when you combine alcohol, teenagers, and a lack of supervision for the consequences, it can be a deadly result. Teenagers, young adults, and even older adults for that matter often lack the judgment with alcohol to know when "enough is enough". Police will investigate how Jamie got his hands on the alcohol. Apparently, Jamie brought the alcohol to the house in a water bottle.

Parents and other adults should do their best to discourage and prevent teen drinking. There will be occasions and incidents where teens will drink no matter the circumstances. This should not, however, deter parents, family friends, and others from taking action to stop or curb the dangerous effects of teen drinking. The danger of teen drinking is not just on the roads but it is in the home as well. You can read more about the death of Jamie Gibson and the ongoing investigation at Law Enforcement Authorities Investigating Death of 17 Year Old in Volusia County Florida.

November 30, 2008

Lawmakers and Child Safety Advocates Seek to Enforce Ban on Dangerous Chemicals Including Phthalates

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Lawmakers and child safety advocates are seeking to enforce legislation enacted to protect children from the harmful effects of chemicals in toys and other products. Hormone-like chemicals known as phthalates can cause harm especially to children under the age of 12.

Products known to have phthalates have included shower curtains, raincoats, bathtub ducks, and other items. Baby boys born to mothers which a high exposure to phthalate have had genital problems including small penises and undescended testicles. Florida babies and children are at risk for health problems and serious personal injuries from phthalates and other dangerous chemicals / hormones found in toys and other common household products.

With new laws passed, the average consumer would think that the toys and products with phthalates would be immediately removed from the market place. However, there are concerns by various law makers that the manufacturer and distribution date may allow many products to be grandfathered in. You can read more about the laws and concerns of lawmakers regarding products with phthalates at Lawmakers Target Dangerous Toys and Products with Phthalates and Other Harmful Chemicals / Hormones.

November 24, 2008

Child Suffers Head Injury While in Foster Care - Arrest and Conviction in Bartow, Florida

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The foster care system in Florida is in place to provide children (who have been abused or who are at risk for abuse) a safe haven. The State of Florida relocates children to a foster parent, who may or may not be related, for temporary short term as well as long term placement. Unfortunately, many foster children are abused, neglected, and seriously injured while under the care of a foster parent. Norma Jean Dillard, of Lakeland, Florida, recently pleaded no contest to charges of child abuse. Apparently, in 2006, a 3 month old child (Jayden Moreno) suffered two skull fractured while under her care. The child was removed from the mother's care when she was arrested on marijuana and cocaine charges in Sebring, Florida. News reports were not clear on how the fractures occurred. Infants, who receive good and attentive care, usually are not taken to the hospital with skull fractures. The evidence was strong enough to convince Ms. Dillard to take a plea deal on the case. You can read the news report about this criminal case at Child Abuse Suspect in Florida Gets 15 Years Probation for Skull Fractures.

It is vital that parents, foster parents, day care providers, teachers, medical providers, and other care givers of children properly supervise and protect children (especially small children, toddlers, and infants) from abuse, neglect, and serious personal injuries.

When there is a report or incident of abuse, the State of Florida Department of Children and Families has a duty to investigate. In addition, law enforcement, the State Attorney's office, and private attorneys are also involved in the matter. Personal injury attorneys frequently represent the interest of the child when the abuse or neglect results from negligence and / or the failure to properly supervise the child in a school, day care / child care program, neighbor's house, friend's house, and, even, a relative's house. If there is a serious personal injury involving a child, it is important to consult with a Florida personal injury lawyer / attorney to make sure that the rights of the injured child are enforced.

November 22, 2008

Preventing and Responding to Poisoning Incidents at Day Care / Child Care Centers and Elsewhere in Florida

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It is well known that Florida children, especially those under the age of 5, lack the knowledge and judgment about the dangers of poisons which are part of many common household products. The ingestion of poison can result in serious child personal injuries and, in some instances, death in Florida. For day care / child care centers, homes, and other locations where children are located, it is important to keep poisons out of reach and locked up when necessary. Prevention and supervision are key factors to reducing the incidents of poisoning. When an incident takes place, it is important for child care personnel, teachers, caregivers, and supervisors of children to take immediate action. Training in the area of poison control and response are also very important to the safety, health, and well being of Florida children. The American Association of Poison Control Centers has a great web site at http://www.aapcc.org/DNN/ . You can read about local poison control centers, poison prevention, first aid, and many other important topics. A day care center, child care center, school, neighbor, camp, health care provider, business, government entity, and others may be held liable for injuries or death caused by the accidental or negligent poisoning leading to injuries and / or death to a Florida child.

November 21, 2008

Pre-Mature Births Still a Problem Nationwide - State by State Analysis

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The March of Dimes released a State by State Report Card for all 50 states including the State of Florida. A summary of the report was reported at the USA Today Web Site - Pre-Mature Births Continue to be a Persistent Problem in the United States. Among all States, Vermont ranked number 1 in having the lowest percentage of pre-mature births. Mississippi was at the bottom of the list. A pre-mature birth is considered to be a birth before 37 weeks of gestation. Every year there are over 500,000 pre-term births. These births account for the leading cause of death and major permanent injuries and disabilities to children according to the March of Dimes.

November 18, 2008

Nutrition and Your Child - Tips for Florida Children

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As a Florida parent, there are many daily challenges. These include the basics - food, shelter and clothing. Of course, there is also soccer practice, birthday parties, video games, and thousands of other things. Back to the basics - good nutrition is often times a difficult task when parents are challenged by the bright lights and allure of McDonalds, Burger King, Wendy's, Zaxby's, Krystal Burgers, Kentucky Fried Chicken, and all the other fast food chains and unhealthy food out there. How do you compete with the ease, taste, and cheap costs of bad food? The fast food industry even throws toys into some meals. Wow, what a marketing machine! Any way, Florida parents should keep in mind who is the captain of the ship, who controls the transportation, and who controls the funds when making decisions for breakfast, lunch, and dinner. Many children do not get the appropriate recommended amounts of fruits and vegetables on a daily basis. There are supplements out there and as a parent - you should make the decision as to what is proven, what makes sense, and what is best for your child. You may want to check out Juice Plus which is a gummy type of supplement for fruits and vegetables. I tried them and they taste fine. Also, it is my understanding that Juice Plus does not pose the risks of overdose and toxicity as compared with other children's vitamins like Flintstones. If your son or daughter thought that Flintstones were Sweat Tarts and consumed a whole jar - you probably need to call 911, poison control, your pediatrician, or go to the local Florida emergency room. For more information about Juice Plus, you can visit the web site of a friend (Angie Conlan) who has been a consultant for Juice Plus for the past several years. Go to Juice Plus - Angie Conlan to find out more about Juice Plus and good nutrition for your children.

November 17, 2008

Corporal Punishment and Paddling in Florida and the Rest of the Nation - State by State Analysis

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In the last 50 years, education has taken great strides in progress. Despite these advances, corporal punishment, paddling, and spanking are still used to enforce rules and attempt to modify behavior in school districts throughout the United States. I remember as an elementary school student when friends and classmates were called to the principal's office for discipline and paddling. The classmate would come back red in the face, upset, and crying. Back then and now, I think that it is a barbaric way to discipline a child at school and at home. Administrators and teachers need to use their resources to teach children rather than figure out effective ways to beat and abuse them. That being said, it is important for parents to study and know the county, school district, and state laws that apply to corporal punishment, spanking and paddling. I located a comprehensive list of laws for each state at United States - Legislation Dealing with Corporal Punishment.

Corporal Punishment sometimes causes physical scars and child injuries and in most cases caused emotional scars that can last a lifetime.

November 11, 2008

Types of Personal Injuries Inflicted by Dog Bites in Florida

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Children suffer serious personal injuries and, at times, death as a result of dog bites every year in the State of Florida. I located a very informative website called www.dogsbites.org which is a education web site about dog bites and the dangers of certain breeds of dogs in the United States. The site has a good deal of information of the dangers of Pit Bulls, Chow Chows, Rottweilers, and Wolf Hybrid breeds. There is a public debate on the issue of dangerous dogs created by breed, environment, or a combination of the two. dogsBites.Org and many other safety advocates recommend a ban on certain breeds including Pit Bulls.

dogsbites.org reports that dog bites can be very traumatic for children. Due to the short height of most children, facial wounds and injuries are very common. For serious dog bite incident, multiple surgeries may be necessary which may include several skin grafts and reconstructive surgery.

According to the Center for Disease Control, injuries from dog bites include puncture wounds, lacerations, contusion wounds, fractures, amputations, and complications due to infection.

Visit dogsbite.org and educate yourself about various dog breeds, tragedies that have taken place nationwide, and safety measures to take to protect your family and children.

November 7, 2008

Germs Are Everywhere - Door Knob, TV Remotes, and Toys

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The federal Centers for Disease Control and Prevention conducted various studies to determine what surfaces were contaminated with germs. The study found that common household items like door knobs and remote controls can be place for germs to linger for two days or longer. The transmittal of germs to objects like these often times spread viruses and germs throughout a household. The study also examined the surfaces of toys in five pediatricians offices in Fairfax, Virginia. The study revealed that seventeen to thirty percent of the toys study were contaminated with germs. These findings show the prevalence of germs and the problems in preventing the spread of viruses and the flu in settings like the home, dorm rooms, pediatrician offices, and college dorm. You can read more about the studies at Household Items and Germs.

November 5, 2008

Pharmacist Liability in Florida - Are Pharmacists Subject to the Same Civil Liability Laws as Doctors?

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Are pharmacists in Florida subject to the same civil liability laws as doctors in the State of Florida? The answer is No. Doctors which are identified as "health care providers" under Chapter 766, Florida Statutes are subject to the formalities, restrictions, and award caps applicable to medical malpractice cases. A patient must put the doctor on formal notice called pre-suit notice before filing a lawsuit. During the 90 day pre-suit period, the doctor and his / her attorney has the ability to review the allegations and make a decision as to liability which will in turn limit the damages. Even if the case is not settled in pre-suit, there are caps in place for non-monetary damages (i.e. pain and suffering) that apply to medical malpractice cases as well.

Furthermore, wrongful death medical malpractice cases have limitations. Children over the age of 25 cannot bring an action for the pain and suffering associated with the death of a parent in the typical Florida medical malpractice case. Pharmacists are not mentioned as part of the statutory framework, procedures, or restrictions of Chapter 766, Florida Statutes and related laws.

If you or a family member has been significantly harmed or injured as a result of the negligence of a pharmacist, it is helpful to have the advice of a Florida Personal Injury Attorney to guide you through the rules, regulations, and proof in proving up such a case. The pharmacist's malpractice can range from mis-labeling to failure to warn to filling the wrong prescription. Any or all of these negligent acts and more can lead the the injury or death of an innocent victim. This is especially the case when dealing with injured Florida children who were harmed as a result of the negligence of a pharmacist. Whether the pharmacist works for Walgreens, CVS, Wal-Mart, Publix, Target, and any other employer / business, care needs to be taken to make sure that the prescription is filled according to doctor's orders, that there are no contraindications to the medication, that the bottle or prescription is properly labeled, and that instructions are clearly provided as to administration, dosage, contraindications, and adverse effects of the medication.

November 1, 2008

Dangers of Choking from Candy Products - Safety Tips for Halloween and Beyond

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Halloween brings with it a festive day and night of parties and trick or treating. Kids come home with sacks of candy that could last them quite a long time. The American Medical Association issued tips to prevent food / candy choking in small children.

Children under the age of 4 should not be given hard smooth foods like sunflower seeds, nuts, popcorn, hard candy, and some raw vegetables. Soft foods that pose a danger include grapes, hot dogs, sausages, and peanut butter. Choking can occur when the child is not paying attention or is playing inside or outside the house while eating. It is especially important for Florida pre-school teachers, aides, day care and child care workers to closely monitor meals and snacks of young children. Dangerous foods are often sent in with the child or a classmate. It is amazing that one small grape and other foods can change the course and quality of a child's life due to the risks and complications of choking incidents. I know a family in Jacksonville, Florida who had a young daughter in a pre-school program. The daughter had a choking incident as a result of a grape that got stuck in the child's airway. Fortunately, the little girl survived and is doing fine. A few wise and quick thinking day care / child care workers came to the rescue and dislodged the grape out of the child's airway.

You can read more about these tips at Gum and Candy - Cause of Choking in Children - reported that the Colorado State Web Site.

October 29, 2008

Shopping Cart Injuries to Children Ages 5 and Younger

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Children accompany their parents to grocery stores every day in Jacksonville, Florida and other cities. Typically, things go well at the grocery store assuming there are no behavioral problems, wandering children, or unexpected injuries to Florida children in the form of fractures, lacerations, head injuries, and eye injuries. Many of these child injuries result from negligent maintenance or supervision of the retail store and surrounding area. Often, a Florida personal injury claim can be pursued if the retail store and its employees failed to properly provide for a safe environment for customers and their children. For the most part, retail stores like Publix, Winn Dixie, Target, and Wal-Mart keep their shopping carts clean and in good working order. I represented a client a few years ago who was knocked over by a shopping cart by an employee who was playing games in the parking lot. Children are especially prone to injuries as a result of falls and other incidents involving a shopping cart. The United States Consumer Product Safety Commission (USCPSC) conducted a study that showed over 20,000 annual injuries to children involving shopping carts which required treatment at an emergency room. You can read more about this study at Shopping Cart Injuries Involving Young Children.

October 29, 2008

Orange County (Orlando), Florida To Test Toys for Lead

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The Orange County Health Department - Office of Environmental Services is offering a toy inspection program to evaluate toys for lead content. Child exposure to even small amounts of metal / lead can affect a child's brain development and health. There will be some costs associated with the inspection. It will be interesting to see the turn out for the program and inspections. I think this is a valuable program that can help reduce health problems and child injuries related to unsafe toys. You can read more about this program and the dangers of lead in toys at Orange County Florida (Orlando) Program to Inspect Toys for Hidden Dangers.

October 29, 2008

Pediatricians Advise Parents Against the Ownership of Exotic Pets for Young Children

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The American Academy of Pediatrics released a report that advises parents of young children of the hazards of owning exotic animals like baby chicks, lizards, hamsters, and other animals. Young children are at risk for infection and disease because of their developing immune systems and the frequency in which children put their fingers in their mouths. The report advises parents of children younger than 5 from owning these kind of pets. You can read more about this report at Doctors: No hamsters or exotic pets for young kids.

While the report does not recommend that families get rid of the family dog or cat, injuries do occur with domestic animals. Even the most tame of dogs is still an animal and will, at times, bite when provoked or even when unprovoked. A dog bite injury can have a devastating impact on a child who, because of the dog bite injury, may need the services of an emergency medicine doctor, neurologist, infectious disease expert, and / or a plastic surgey.

October 24, 2008

12 Year Old Who Died During Football Practice Had a Heart Defect

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Rashad Wallace died during football practice on August 2, 2008. An autopsy revealed that Rashad died as a result of cardiac arrhythmia. It does not appear that Rashad died because of heat, dehydration, or the rigors of the football practice. See Twelve Year Old Who Died at Football Practice Autopsy Completed. Typically, children undergo a physical before playing in an organized football program. I am uncertain if a basic physical would have detected the abnormal heart beat. In many cases, cardiomyopathy is treated with medication and periodic examinations and testing. Rashad suffered from cardiomyopathy which contributed to the deterioration of the heart muscle. The American Heart Association has a good web site that describes different forms of cardiomyopathy and treatments for each type.

The autopsy of Rashad Wallace proved to be very helpful to explaining the cause of death and whether the football practice and conditioning were related to his death.

October 6, 2008

Pelvic Fractures in Children: Diagnosis and Treatment - Florida Automobile and Other Accidents

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According to an article in the Journal of the American Academy of Orthopaedic Surgeons, pelvic fractures can result from high impact trauma from automobile and other accident trauma. Apparently, children are more likely to injure internal organs in the abdomen as a result of trauma. When dealing with an injured child from an automobile accident, it is important to stay calm and get medical attention as soon as possible. It is vital for medical providers to be on the look out for damages organs and internal bleeding. You can read more at >What To Do for Pelvic Fractures in Children.

A Florida child injury lawyer / attorney typically handles injuries to all parts of the body. At Wood, Atter & Wolf, P.A., we have handled numerous child injury cases involving automobile accidents, slips and falls, medical malpractice, playground accident, school accidents, and home / neighborhood accidents.

October 3, 2008

Head Lice in Florida Schools and Homes - Facts and Good Basic Advice

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From time to time, there are reports and incidents of head lice in Florida's school system, day care centers, and private schools as well. There are common myths and unfounded fears when it comes to lice. Remember that children react to situations based on how parents react and how parents comment on the issues. All parents, educators, and caregivers should take a few minutes to read a helpful and informative University of Florida article on Head and Body Lice. The article covers the history, causes, treatments, and solutions to head and body lice problems that, from time to time, take place in schools, homes, and day care centers.

September 12, 2008

Daytona Beach, Florida Center for Troubled Teens - Stewart-Marchman Center Under Investigation

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Three former employees and possibly others are under investigation for alleged sexual relations with girls who were clients / patients at the Stewart-Marchman Center in Daytona Beach, Florida. This investigation was reported in the Florida Times Union at Center Employees Suspected of Sexual Misconduct. The former employees worked in a facility that supervised these troubled teens. These are serious allegations that need to be investigated and prosecuted if the State Attorney believes that credible evidence supports the allegations.
According to its Web Site, the Stewart-Marchman Center "exists to improve the quality of life of individuals and families affected by substance abuse, addictions, and delinquency by supplying superior prevention, intervention, and treatment services. Stewart-Marchman Center offers these services to all persons, regardless of age, race, financial status, or other criteria at its facilities in various locations in Northeast Florida." Obviously, the conduct alleged against the three former employees are not in this mission statement in any manner.

Day care centers, schools, after school programs, sport programs, hospitals, and treatment and counseling facilities have a duty to supervise children. Providing a safe and secure environment is paramount to the well being of the child. Sexual conduct and relations with adult employees should not be part of the regimen for any child care program and facility. If a child is injured or harmed at a day care center, after school program, sport program, hospital, or treatment and counseling facility - seek the advice of a Florida child injury lawyer / attorney for advice, guidance, and representation regarding the rights of the injured child.

September 11, 2008

Eye Injuries to Children - Causes, Safety Measures and Prevention

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There are over 100,000 incidents of eye injury in the United States every year. According to the University of Michigan - Kellogg Eye Center - over 90 % of all eye injuries are preventable with better safety measures and supervision. Over half of victims of eye injuries are under the age of 25. Parents and caregivers can set a good example for children by wearing protective eye wear when using power tools, lawn mowers, and other tools that may cause an eye injury. In addition, the following safety tips should be followed for children:

Select games or toys that are age appropriate;
Do not allow children to ignite or stand near fireworks;
Keep children a safe distance from lawn mowers (stones and other debris are subject to being thrown out by moving blades and parts);
Keep chemicals and other harmful sprays and liquids away from children; and
Safeguard the home from protruding objects that could poke or injure an eye.

You can read the full article from the University of Michigan - Kellogg Eye Center at Eye Injuries - Preventing Eye Injuries - Eye Safety at Home - Eye Safety at School - Eye Safety During Sports.

August 19, 2008

Medical Treatment in Florida for Accident Related Injuries After the Emergency Room

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Emergency Rooms generally do a good job treating and evaluating trauma victims. The job of the Emergency Room staff is to the assess the patient and determine the level of treatment: 1. Surgery; 2. Hospital Admission; or 3. Discharge. If a patient needs immediate surgery, the patient is in the right place. This goes the same for the patient who needs to be admitted to the hospital. What about those patients who are discharged? Well, general recommendations are made with discharge instructions and possibly a referral. It is these patients who have the most problems with follow up care. Questions arise as follows:

1. Where should I go for follow up care for my accident related injuries?
2. What specialists should I see for my accident related injuries?
3. Who is going to pay for my treatment for my accident related injuries?
4. What kind of testing will I need for my accident related injuries?

The above issues are handled on a case by case basis. Most importantly, the patient should be diligent in seeking follow up treatment. It is important from a medical and legal stand point. Liability insurance companies often question patients / clients who delay follow up care or who have big time gaps in treatment and evaluation.

A Florida child personal injury lawyer can assist you with issues related to insurance, medical bills, lost wages, pain and suffering and follow up treatment. Liability insurance companies are not concerned about your health and well being. Liability insurance companies are mainly concerned with saving money. As such, the typical accident victim should not see legal advice from the insurance company or any one other than a trained Florida personal injury attorney / lawyer. I provide my clients with a free consultation regarding personal injury mattes including but not limited to cases involving Florida automobile accidents, slip and fall injuries, medical malpractice, nursing home abuse and neglect, day care injuries, child care injuries, dog bites, and playground injuries.

July 22, 2008

Don't Leave Your Children in a Hot Florida Car - Heat Death in Florida

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A 4 year old Florida child died recently when his mother left him in the car while she had her nails done for her wedding later that day. The wrongful death of this Florida child could have been avoided with better attention to the whereabouts, safety and well being of the child.

Hyperthermia is an acute process when the body produces more heat than it can dissipate. Hyperthermia is serious problem for children and the elderly. In 2008 to date, there have been 18 hyperthermia deaths in the United States with 2 of the deaths reported in the State of Florida.

Parents and caregivers often times forget that the child is in the car. This happens in about half of the cases. About 30 percent of the reported incidents take place when a child sneaks into a car. About 18 percent take place when a child is intentionally left in a car.

All parents and caregivers should keep our children safe and promptly remove the children out of hot cars. Obviously, the simple act of leaving a child in a hot car can end an innocent life.

Day care centers, summer camps, schools, caregivers, friends, and yes parents should be diligent in getting children out of hot cars. Hyperthermia is a real danger and presents itself every day of Florida's hot summer and even at other times of year as well.

July 8, 2008

Advocating for Diabetic Children in Florida Schools and Day Care Centers

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Diabetes is a common disease in children that can be effectively managed with education and diligence by parents, school personnel, and day care personnel. There is a very good article published by the American Diabetes Association titled "Care of Children with Diabetes in the School and Day Care Setting". The article provides a good overview of the needs of diabetic children and the responsibilities of school and day care personnel. The article points out that parents are the best advocates for their children and should approach school personnel in a calm and informative manner. If you have an issue with a school system provide support for your diabetic children or other special needs child, it may be advisable to retain a child educational rights advocate to protect and enforce the rights of your child. I know some child rights educational advocates in North Florida (Jacksonville) and can refer you to a lawyer should you need this kind of lawyer. If a physical injury to your Florida child occurs as a result school personnel, day care workers, or others, you may also benefit from the advice and representation of a Florida child injury lawyer.

June 23, 2008

Child Injuries from Automobile Accidents - Who is responsible? What insurance applies?

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Every day on Florida roads, children are injured as a result of an automobile accident. Many accidents result from the negligence of the driver of an automobile, truck, or motorcycle. Children cannot be held liable for any part of the negligence if the child is not driving. Typically, children under the age of 16 are not driving and are innocent victims of negligent drivers. Questions often arise as to insurance coverage and responsibility for medical bills, pain and suffering, and the loss of enjoyment of life for the child. In addition, parents have related claims for the loss of services and support as a result of the child's injuries. As a Florida child injury lawyer handling automobile accident cases, I am familiar with insurance requirements and claims as well as the litigation or lawsuits involving these cases. Children in Florida have unique legal rights that must be handled properly. In addition, the medical needs of a child greatly differ from that of an adult and it is important for the child to be treated by a doctor who is experienced in treating injured children. From a legal standpoint, it is important to get legal representation early in the process so that no rights are waived. Insurance companies and their adjuster and attorneys have an unfair advantage over the average consumer and it is important for the family of the Florida injured child to even the playing field by retaining legal counsel to advise, protect, and enforce the rights of the injured child.

June 20, 2008

Negligent Supervision in Florida by Teachers and Other Adults at Schools and Summer Camps: Do I have a legal case?

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Florida public and private schools, day care centers, and summer camps are responsible for teaching and supervising our children. Parents and caregivers rely on public schools and private businesses to watch over our children. While schools are not responsible for every injury or problem that arises, Florida schools and their employees, agents, and even volunteers are responsible for injuries to children that are caused by negligence.

Negligent supervision in the setting of a Florida school, day care, or summer camp requires the following elements:

1. The existence of a teacher-student OR counselor - camper relationship giving rise to a legal duty to supervise the child;

2. Negligent breach of that duty (failure to act reasonably under the circumstances); and

3. Causation of the child's injury by the teacher's / counselor's negligence.

Each case should be evaluated based on its own facts and an analysis of the applicable Florida statues and Florida cases on point. As a child advocate and a Florida child injury lawyer, I know that the safety, welfare, and health of the child are all important. Parents of an injured child can greatly benefit by educating themselves of their rights and responsibilities under Florida law. A Jacksonville child injury lawyer can review the case which may include but would not be limited to evaluating the site of the injury, researching the law, reviewing medical records and bills, and working with safety experts and others to determine the cause of the injury.

June 13, 2008

Spinal Cord Injury in Florida Children - Causes of Injury

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Traumatic child injuries in Florida including automobile accident, falls, sports injuries, diving injuries, trampoline injuries, and violent injuries (gun shots / stabbings) account for most spinal cord injuries. The spinal cord consists of a bundle of nerves that carry messages between the brain and the rest of the body. Most spinal cord injuries occur in the neck ( cervical ) region. According to the Children's Hospital Boston, there are a variety of symptoms that can be associated with a spinal cord injury. You can read more about this topic at My Child Has Spinal Cord Injury - Causes, Symptoms, and Treatment.

Legal matters and representation of a child with a spinal cord injury can be quite complex. There are a variety of issues to address including but not limited to liability ( fault ), causation, automobile insurance, homeowners insurance, business insurance, health insurance, medical bills - past and future, medical treatment, life care plans, surgery, guardianship, settlement, annuity purchase, loss of support and services for the parents and guardians, and other issues. Whether a child sustains a spinal cord injury or lesser injury, it is helpful to have the advocacy and advice of a Florida child injury lawyer / attorney for these matters.

June 12, 2008

Traumatic Brain Injury - The Injured Child in Florida - What is a traumatic brain injury?

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Florida children acquire or are inflicted with traumatic brain injuries from automobile accidents, playground incidents, day care injuries, slips and falls, sports related injuries, and other causes. Some refer to traumatic brain injury (TBI) as a brain injury or head injury. Traumatic brain injury is caused when sudden trauma damages the brain. Traumatic brain injury occurs when the head suddenly and violently hits an object or when an object goes through or pierces the skull and damages the brain tissue. Symptoms for traumatic brain injury can range from mild to moderate to severe. Some victims of traumatic brain injury experience loss of consciousness and others do not. Other symptoms of traumatic brain injury include the follows: headache, light headedness, dizziness blurred vision, tired eyes, ringing in the ears, bad taste in the mouth, mood change, lethargy, change in sleep patterns, memory problems, concentration problems, attention, and thinking and cognitive defects.

Some children who sustain a traumatic brain injury are affected for life. Since the brain is very fragile, treatment for traumatic brain injury can be quite limited. It is important to get evaluation and treatment for traumatic brain injury by professionals including but not limited to neurologists, neurosurgeons, psychologists, psychiatrists, and / or neuro-pscychologists. The National Institute of Health has some good resources and information for traumatic brain injury at Traumatic Brain Injury - Hope Through Research.

June 11, 2008

Tips for Protecting Your Florida Child from Burn Injuries

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Laura Weathers, a medical doctor and Tampa Tribune writer, posted a good article on How Can I Protect My Child from Burn Injuries? Dr. Weathers pointed out that burn related injuries are ranked third (behind drownings and auto accidents) for deaths for children ages 1 to 4 according the to CDC ( Center for Disease Control). Dr. Weathers also noted that burn injuries often take place in the kitchen and bathroom. You can read more about this topic and Dr. Weathers' tips for avoiding these injuries at How Can I Protect My Child from Burn Injuries?

Diligent adult supervision can avoid most of these injuries. Parents should pay close attention to the advise in Dr. Weathers' article. In addition, caregivers, day care workers, and other adults charged with watching children should pay close attention to the advise.

After an injury takes place, it may be helpful to contact a Jacksonville Florida child injury attorney to determine your child's rights for a possible claim against a homeowner, day care center, school, and / or others.

June 10, 2008

Crocs and Escalator Entrapment Injuries - Watch Out at Airports, Malls and Other Areas

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Crocs are great, convenient, and relatively inexpensive shoes. Kids in Jacksonville Florida and across the nation wear crocs and love them. Unfortunately, there are reported incidents where children in Crocs have suffered personal injuries on escalators. A recent incident took place at the Atlanta Hartsfield Airport when 3 year old Lexi Pregliasco had her foot trapped on an escalator. The foot was trapped for 15 minutes (according to her mother) before airport officials could get it loose. Lexi was later diagnosed with three fractured toes which required surgery. There is a video posted at the WJXT News 4 Website that covers this incident - Girl, 3, Injured on Airport Escalator. There have been other reported incidents of Croc Escalator injuries as well.

Kathy, the author and founder of www.safemama.com, also wrote an article about Crocs and Escalator Injuries. www.safemama.com is a good resource to check out safety issues, product recalls, and child health matters.

May 28, 2008

Who is considered a child under Florida's Wrongful Death Act?

When there is a wrongful death in Florida, a spouse and minor children can recover damages for mental pain and suffering and for lost parental companionship due to a parent's death. Under Florida's Wrongful Death Act, a minor child is defined as a child under 25 years of age. If there is no surviving spouse or the decedent was divorced at the time of death, then adult children can recover damages for mental pain and suffering and lost parental companionship. There is an exception for medical malpractice cases in Florida. A person must be survived by a spouse or minor children (under the age of 25) to recover damages for mental pain and suffering and for lost parental companionship.

Wrongful death cases can be quite complex and and it is important to obtain the advice and representation of a Jacksonville Florida personal injury lawyer to pursue damages resulting from the negligence of another person, business, or medical provider. You can read more about Florida's Wrongful Death Act at the Florida Statutes Official Website.

May 19, 2008

Florida Children - Medical and Custody Power of Attorney

The Florida Medical and Custody Power of Attorney form / document that I use in my practice is a valuable tool for parents, grandparents, and other caregivers. I prepared this document for my sister in law and brother in law when they went out of town. They live in South Florida and were going out of the country for a few weeks. I prepared the document and e mailed it to them for their signature. I have also prepared these documents for many parents and caregivers in Jacksonville, Florida who are taking vacations or going out of town for business. The Florida Medical and Custody Power of Attorney form is also a helpful tool for relatives and others who regularly take care of a child.

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The document gives authorization to a grandparent, other relative, or other caregiver to make decisions regarding medical care and other custodian responsibilities while the parent / guardian is out of town or otherwise unavailable. Broad or limited powers can be provided by this document. While some medical providers will provide care without any such legal document, other medical providers are quite particular about the authority to receive medical information and make medical decisions regarding a child. If you need a Florida Medical and Custody Power of Attorney document prepared or reviewed, please contact a guardianship and probate attorney.

May 13, 2008

Don't Let Your Children Drink Out of Glasses or Cups at Hotel Rooms

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For the protection of your Florida children and family, I would advise you to avoid drinking out of glasses and cups at Hotel Rooms. A hidden camera investigation at some Atlanta hotel rooms revealed some unsafe and disturbing practices. You can watch the video of these practices by clicking here. The video only confirms my suspicions about various hotel practices. Bring your own cups the next time you go to a hotel.

While a hotel may give you the impression that the glasses are clean, housekeepers as depicted in the linked web site frequently take short cuts. This goes the same for the bedspreads and comforters possibly even the towels.

April 30, 2008

Florida Statute Prevents Obesity Lawsuits for Children and Adults in Florida

Some creative and inventive attorneys and law professors have filed lawsuits against McDonald's and other businesses for allegedly causing a client to become obese and have health related problems.

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These lawsuits have been filed in Chicago and other cities in the United States. The Florida legislative passed a statute that purports to prevent these kind of lawsuits in the State of Florida. Section 768.37, Florida Statutes states as follows:

768.37 Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages.--No manufacturer, distributor, or seller of foods or nonalcoholic beverages intended for human consumption shall be subject to civil liability for personal injury or wrongful death to the extent such liability is premised upon a person's weight gain or obesity, or a health condition related to weight gain or obesity, resulting from the person's long-term consumption of such foods or nonalcoholic beverages. For purposes of this section, the term "long-term" means the cumulative effect of multiple instances over a period of time and not the effect of a single or isolated instance. Such limitation on civil liability shall not bar a claim for damages if otherwise available under any other provision of law against a manufacturer, distributor, or seller of foods or nonalcoholic beverages if such manufacturer, distributor, or seller has failed to provide nutritional content information as required by any applicable state or federal statute or regulation, or has provided materially false or misleading information to the public.

April 8, 2008

Parents Chose Prayer Over Medical Care

The parents of an 11 year old chose prayer over medical treatment and watched their daughter die. The parents claim that they did not know that their daughter had a treatable condition in the form of diabetes. Of course, if this care took place in a hospital, it would be blatant abuse and medical malpractice that would support the filing of a wrongful death case. When dealing with parents, there are other issues (legal, moral, and religious) to consider. CNN and Nancy Grace covered this story. You can watch a CNN video by going to Girl Dies, Parents Pick Prayer Over Medical.

April 6, 2008

Blood Shortage in Jacksonville Florida May Halt Some Surgeries

Jacksonville Florida has several area hospitals including the Mayo Clinic, Baptist Medical Center, St. Vincent's Medical Center, Shands Jacksonville, Memorial Hospital, and Orange Park Medical Center. A recent dramatic blood shortage has prompted the postponement of non vital surgeries in Jacksonville Florida. Doctors are concerned about the availability of blood supply especially for organ donation surgeries. If you have not done so already, please donate to the Florida Georgia Blood Alliance, a non profit community blood bank that supplies area hospitals.

March 28, 2008

Background Check on Your Florida Pediatricians and Florida Doctors

All Florida pediatricians and other Florida doctors and medical providers are registered with the State of Florida.

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Whether you are researching a doctor in Jacksonville Florida or Miami Florida, all the doctors are listed at this central web site. You can find out the doctor's educational background, speciality certifications, years of practice, and most importantly, for some, the doctor's disciplinary history.

Florida Department of Health - Health Licensee Lookup.

If you are any questions about the actions or inactions of a doctor in Jacksonville Florida or other parts of Florida, it is helpful to consult with a Jacksonville Florida Medical Malpractice Lawyer for advice, direction, and representation.

March 4, 2008

5 Year Old Took Wrong Walgreen's Prescription for Two Months

Trey Jones, a 5 year old from Nashville, received the wrong medication for two months.

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A medication error by a Walgreen's pharmacist resulted in Trey taking a steroid for two months rather than a blood pressure medication. The parents have concerns about child injuries and the long term effects of the medication error.

USA Today published an interesting article on medication errors at Five Year Old Took the Wrong Medication for Two Months. The article also has an interesting interactive diagram that shows the dynamics of filling a prescription and the stresses of a pharmacist job.

March 3, 2008

Stores in England Use High Frequency Devices to Prevent Children from Loitering

Stores and shopkeepers in England use high frequency devices used to deter mosquitos and children.

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The high frequency sonic devices can only be heard by the sensitive ears of children rather than adults. Since the noise is annoying, children tend to stay away from areas. Some concerned citizens and activists are lobbying to ban such devices. While the devices may be effective in reducing loitering, the devices do not solve the true problem which is providing meaningful and interesting activities to children when they are not in school. You can read more about this issue at the Florida Times Union Web Site at British campaigners call for ban on 'mosquito' devices used to drive children away from shops.

February 3, 2008

Tragic Death of 18 Year Old Jacksonville Resident Leads to Organ Donations

From death, four new lives . . .

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Antoine Green's organ donation gave recipients a second chance. Antoine Green's parents made a very tough decision for a parent and decided to donate the organs of their son, who had no brain activity, to needed recipients. Antoine's parents, Linda Foster and Andrew Green, said a long goodbye to their son at bedside at Shands Jacksonville.

Then they turned his body over to the doctor, so surgeons could save what was left. So four other dying people could have a second chance at survival. A person can elect to be an organ donor on his or her driver's license. Estate planning documents can also address the issue of organ donation. Since the decision to be an organ donor may require an immediate decision, it is advisable to elect to be an organ donor on the driver's license as opposed to tracking down the estate documents. The Green family should be commended by their generosity in donating their son's organs to save, enhance, and prolong the lives of others.

February 12, 2007

Girl Dies While Waiting for CIGNA Insurance Approval for Liver Transplant

Doctors should be making medical decisions for patients - not health insurance companies. In California, a Northridge teenager awaiting a liver transplant died Thursday after she was pulled off of life support.

CIGNA Insurance Company initially refused to cover the cost of the transplant for Natalee Sarkisian, saying the surgery was too experimental.

On Thursday, friends, family and members of a nurses association held a protest outside CIGNA headquarters in Glendale, urging the insurance company to reconsider.

During the protest, Natalee's mother got word CIGNA had changed its mind and would make an exception for Natalee's surgery.

After the family got the good news of approval, the family got the bad news that Natalee was not doing well and died thereafter.

Medical care should be directed by doctors and not the pencil pushers or the number crunchers. If you or your child has suffered injuries as a result of the negligence of a medical provider or insurance company, please contact David Wolf - Attorney - Wood, Atter & Wolf, P.A.. Our firm handles medical malpractice and personal injury cases in Jacksonville, Florida and throughout the rest of the State of Florida.