Florida Child Injury Lawyer Blog

Tonuya Rainey, of Miramar Florida is a mother to eight children. Reportedly, when her sixteen year old daughter became pregnant, Ms. Rainey did not want her to have the child, fearing that it would cause her daughter to miss out on a lot of things. Since she did not have the money to pay for an abortion for her daughter, Ms. Rainey gave the twenty four week pregnant woman pills to induce labor. Ms. Rainey’s daughter claims that the child was born alive, Ms. Rainey claims that the child was stillborn. They both admit that Ms. Rainey then discarded the body in the trash.

Ms. Rainey pleaded guilty to seven charges, including child abuse, termination of a pregnancy and practicing medicine without a license. Her attorney asked the judge for leniency, saying that Ms. Rainey took these actions out of a misguided attempt to provide her daughter with a better life. The Judge sentenced Ms. Rainey to two years of house arrest and five years of probation.

Read more details of this story at Tonuya Rainey Avoids Jail After Forcing Daughter to Have Abortion; Dumped Boy in Trash.

In a recent opinion-editorial (op-ed) piece on Jacksonville.com, a Jacksonville, Florida father shared his feelings about the alternative therapies his family pursued for their Autistic child. The man’s Autistic son has been through several alternative therapies for Autism, including vitamin supplements, B12 injections, hyperbaric oxygen therapy, anti-fungals, and other experimental, or alternative, Autism therapies. He reported that his family spent four years and thousands of dollars on what he termed an “uncontrolled, flawed experiment.”

He believes that the Defeat Autism Now! group and doctors and therapists who subscribe to its methods should be approached with caution. Doctors who are the foremost experts in the field of Autism and represent some of the most esteemed medical institutions in the world frequently criticize the group for promoting therapies that have no scientific basis. The man reports that his family decided to cease all experimental therapies several months ago and his son is progressing without any regression. He encourages families to seek therapies for their Autistic children that are based on sound medical evidence.

You can find out more about this family’s path to help their autistic son at Guest column: Be wary of alternative therapies for autism.

Many Florida children are dealing with very adult issues – including depression, anxiety and other psychiatric illnesses. Florida therapists, counselors and psychiatrists are reporting that children are being diagnosed at younger and younger ages for these illnesses. That has raised serious questions regarding giving powerful psychotropic medications to young children. This is especially a concern for children in the Florida foster care system, where children are prescribed psychotropic drugs at a rate that is higher than that for the general population.

Some professionals charge that children are being given these drugs as an easy fix to get them to behave, instead of being given appropriate structure and guidance. They worry that the drugs may have unknown side effects with long term use. Others disagree, pointing to the fact that children are placed under a great deal more stress at home and are subject to other issues that were not as prevalent ten years ago. They say that children need the drugs in order to concentrate in school and succeed in life.

The decision whether or not to put a young child on medication is not an easy one. Parents should make sure that they educate themselves on the options available so that they can make an informed decision.

Read more about how the state of Florida is dealing with childhood mental illness at Child's suicide raises medication questions.

If your child has been injured by inappropriate medication or poor medical advice, please contact our Jacksonville, Florida law firm for child injury legal counsel.

The March of Dimes recently released its “Premature Birth Report Card.” Florida was awarded an F for its percentage of early deliveries. There were 17 other states that also received an F grade for the percentage of early deliveries. Deliveries that are considered early include naturally-occurring pre-term births as well as elective Cesarean Sections and early inductions.

According to the organization, the United States, as a whole, received a D. The March of Dimes would like to see the number of early births cut in half. To do so, the March of Dimes has suggested that healthcare providers focus on the three major factors that lead to early birth: smoking, elective birth before 39 weeks, and lack of health insurance coverage. Elective birth is particularly exasperating for researchers, because it represents mothers and doctors deliberately deciding to deliver a baby before the baby is due, usually to accommodate the doctor’s or the mother’s schedule.

Cutting back on the number of pre-term births helps the baby live a healthier and happier life according to medical researchers and providers; every extra day a baby stays inside its mother helps it develop its brain and makes it more likely to be healthy at birth. That can prevent future learning problems, which helps not only the family but society as well. Nine months is such a short time in a person’s life. Expectant mothers should follow their doctor’s advice and educate themselves on how to make sure their baby is as healthy as possible. Read more about the report card from the March of Dimes at Florida gets F on early births.

Hayli Murphy was given two H1N1, or swine flu, tests after she became ill a few weeks ago. Both of the tests came back negative, but Hayli did have the H1N1, and it almost killed her. Hayli was sent home from the emergency room after her first H1N1 test came back negative. The next day, after her fever climbed to 104 degrees, Hayli’s mother took her back to the emergency room, where a second test also came back negative. They diagnosed pneumonia and gave the girl antibiotics.

The next day, Hayli was so weak that her mother had to carry her back to the emergency room, where she was finally admitted and given Tamiflu; unfortunately Tamilflu is most effective when given within forty eight hours of the onset of flu symptoms. Once she was admitted, a more sophisticated test that takes days for results showed that Hayli really did have H1N1. She spent forty three days in pediatric intensive care at Children’s Hospital of Southwest Florida with her lungs nearly destroyed by the virus.

The chairman of the pandemic influenza task force for the Infectious Diseases Society of America, Dr. Andrew Pavia, believes that doctors are relying too heavily on quick H1N1 tests, overlooking a patient’s actual symptoms if the test comes back negative. He says that the tests are cheap and fast, but “they’re not terribly accurate.” He referred to studies of the rapid tests that show that 50% of negative results are false. Companies who make the tests say that doctors should use the results with care, proceeding with more advanced tests if the rapid test gives a negative result but the flu is suspected. The Centers for Disease Control and Prevention recommends antiviral medications if the patient is severely ill, is deteriorating rapidly or belongs to certain high-risk groups even if the rapid flu test came back negative.

Get the full story about Hayli and her illness at Flu Test Wrong, Girl Almost Dies.

This past April, seven-year-old foster child, Gabriel Meyers, apparently committed suicide after taking prescribed psychiatric drugs. The death has caused a debate that is slowing the flow of prescribed medications to children in state care in Florida.

After the child’s death, the Florida Department of Children & Families (DCF) launched an investigation into his death, and found that many foster children were taking medications without the proper consent forms in place. Lawmakers have vowed to create new laws to try to prevent the overuse of drugs by foster children. Fear of an increased suicide rates among children taking psychotropic drugs has prompted the FDA (Food and Drug Administration) to put a black box warning on them.

Child advocates approve the recommendation of getting the proper consent, but worry that slowing down or stopping treatment for troubled children could lead to more problems. In some instances, a foster child's behavior that is not controlled by necessary medication may make it more likely that they will be rejected by foster families who do not know how to deal with these children.

Alan Abramowitz, director of DCF’s Family Safety Program Office, said that physicians with any questions about a prescription should contact his agency.

Read more about this story at Florida foster kids slower to get medications now.

Cerebral Palsy is a brain disorder that commonly results from a brain injury. It is commonly associated with births or events at or soon after birth; however, Cerebral Palsy can also result from child abuse or trauma that takes place thereafter. I located a good article with diagrams of characteristics of Cerebral Palsy. It is important for parents to get an early diagnose of neurological disorders like Cerebral Palsy so that treatment and therapy plans can be put in place. In addition, lawsuits and claims in Florida and other states are subject to time limitations or statutes of limitations. As such, a timely diagnosis can assist parents in retaining a Florida Child Injury Lawyer to represent the child for birth or trauma related injuries causing Cerebral Palsy. You can read about the basics of Cerebral Palsy at Special Needs Kids 101: What is Cerebral Palsy?

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.