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.