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Dog Attacks 10 Year Old Boy

January 11, 2013/0 Comments/in Dog Bites & Animal Damage /by Jeff Davis Law

On Wednesday, January 09, 2013, a 10 year-old Miami boy was attacked by a dog causing permanent injuries. Dog bite injuries are not uncommon to Miami-Dade County and throughout Florida. The 10 year-old boy is now recovering at Jackson Memorial Hospital from a deep dog bite wound to his right leg. The attack happened in the area around NW 10 Avenue and NW 108 Street. Fortunately, Police arrived at the scene of the dog attack. The dog then attempted to attack the police and officers opened fire on the dog killing it.

The dog who attacked the boy was not without an owner. Chris Fuentes, the dog’s owner, told the press that at the time of the attack the dog was not on a leash.  However, he claims that his property was secure and the dog was kept within the property behind a chained fence.  He was unsure of how the dog got off his property. Mr. Fuentes also alleged that his dog had never been aggressive with another individual.

Unfortunately, a small child was permanently injured and possibly scarred for life as a result of this dog attack. His family may have a cause of action against Mr. Fuentes the dog owner. In addition, if the property where the dog was residing was owned by another individual, the victim maybe able to bring a lawsuit against the land owner. The family should retain a local personal injury attorney in order to determine if their is a case.

Florida has clear laws regarding dog bites and the liability of dog owners/property owners. Florida is not a one free bite state, meaning that although a dog has never exhibited aggressive behavior, owners are still liable for a dog’s first attack. In addition, it is reported that the dog was able to exit off its owner’s property. Therefore, a personal injury attorney would want to investigate who constructed the fence and the maintenance of such fence. In addition, a personal injury attorney would need to investigate whether the dog was provoked by the child, obtain the animal control file on the dog, obtain the 911 tape, and obtain the police report. Finally, since the owner has been so forthcoming, it would also be important to preserve all of Mr.Fuente’s statements.

Unfortunately, even if there is no question regarding the liability of the dog owner/property owner, the victim may not be able to recover due to a frequent insurance clause exemption regarding dog bites placed in insurance policies.

The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases such as dog bite cases. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-704-7415.

Catheter Injuries – Medical Malpractice

January 11, 2013/0 Comments/in Medical Malpractice /by Jeff Davis Law

Jeffrey R. Davis P.A., a Miami Medical Malpractice law firm, handles cases involving injuries from peripheral intravenous devices, mid-lines, central catheters, ports and other catheters. Jeffrey R. Davis has handled medical malpractice cases in Miami-Dade County, Broward County, West Palm Beach County, Monroe County and throughout Florida.

There are many different types of procedures for health-care providers to obtain vascular access to administer drugs, medications and other solutions. Intravenous devices are also utilized to draw blood and other fluids. Although routine in clinical practice, these procedures and devices require use by a skilled health-care provider in order to avoid injury, infection and other serious complications.

Jeffrey R. Davis, P.A. has handled many cases involving injuries and illness caused by errors in the use and management of these devices. Our firm has assisted clients who have developed infections, suffered nerve injuries, developed hematomas, blood clots and other significant injuries from mismanagement, medical errors and untrained personnel utilizing intravenous devices and catheters.

A brief summary of these various devices and their purposes may be of assistance:

Peripheral Intravenous Device (PIV)

A peripheral intravenous device is typically used for short-term intravenous therapy lasting less than 5 days. Mostly, PIVs are utilized for receiving isotonic solutions and medications with non-irritant properties. The healthcare provider utilizing a PIV must be aware of contra-indications for use such as:

• Localized area of skin excoriation
• Localized edema
• Phlebitis
• Infiltration
• Extravasations
• Previous vein puncture site.

There are vein selection considerations the health-care professional must recognize. Additionally, different vessels have different flow rates. Typically, a small vessel such as those found in the hands may flow at 10ml per minute. A large vessel like the superior vena cava may flow as fast as 2,000 ml per minute. These are just some of the various issues that your health-care provider must identify before utilizing a peripheral intravenous device.

There are specific techniques for a PIV insertion. Improper insertions can cause a multitude of complications including infiltration, phlebitis, infection, extravasations and others. It is essential that the health-care provider utilizing a PIV be familiar with these complications and identify them as soon as is practicable.

PIV Complications:

• Thrombosis (mural thrombus, intraluminal thrombus, peri-catheter thrombus, total venous thrombus)
• Phlebitis (mechanical, chemical)
• Local infection
• Venous spasm
• Infiltration
• Air embolism
• Catheter embolism
• Septicemia
• Extravasations

Mid-lines

Mid-lines are usually indicated for short-term IV therapy lasting less than 4 weeks. Oftentimes, mid-lines are needed where a patient has poor venous access or has had frequent lab draws. The solutions and medications used in mid-lines are similar to that of peripheral intravenous devices.

A mid-line is a narrow, short flexible tube that is typically inserted into the cephalic vein below the axillary vein or the basilic vein. The catheter is either made of silicone or polyurethane. It can be either dual lumen or single lumen. In use, the catheter tip should be distal to the shoulder and deltoid muscle.

Some of the uses of mid-lines include lab draws, pain control, anti-microbial agents, multiple medication administration, obese patients, diabetic patients and patients with low platelet counts.

The advantages of a mid-line are that it can be inserted at bedside, it comes with low insertion risks, it is a low-cost device and can be used for home infusions. The disadvantages of mid-lines are it cannot be used for TPN, medications and solutions with an extreme PH and/or osmolality or for continuous vesicant therapy. Mid-lines require the same maintenance and management as PIVs and come with the same complications.

Peripherally Inserted Central Catheters (PICC)

A PICC line is a long, flexible, narrow tube that is inserted into an appropriate vessel. As long as it is properly cared for, it can remain in place indefinitely. The tip is threaded through an appropriate vein to either the superior or inferior vena cava. It can be used for the administration of hyperosmolar, irritants or vesicant medications.

The advantages of a PICC line is that it does not require surgery to place, it is a reliable venous access for the duration of the therapy, the patient does not need more veni-puncture for IV starts, most lab work can be drawn from the PICC line and it does not have the risk that placement of other types of CVC devices have such as the collapse or puncture of the lung or major blood vessels or the nerves in the chest.

PICC lines do have significant risks; these include, but are not limited to,

1. Risk of clotting the access vein (thrombosis)
2. The catheter itself can clot off or it can move into an unintended vein with vigorous movement or coughing
3. Catheter leakage or breakage
4. Risk of infection, usually due to the underlying treatment or disease
5. Risk of unintended injury in nerve or surrounding structures during placement

PICC lines must be placed by a nurse or other healthcare provider that is specifically trained in the use of this device. There are significant PICC considerations that begin with selecting a vein for catheter placement. Things that are commonly used are both superficial veins and deep veins such as the cephalic, basilic, external jugular, axillary, femoral and popliteal.

Like PIVs, there are contra-indications for use of a vein that must be addressed. A skilled PICC line inserter must be extremely familiar with the viscosity of fluid to be used in the PICC line. It is essential that manufacturers’ recommendations be addressed during the use and placement of a PICC line. PICCs range in catheter size as well. Catheters are designated by French or gauge and range in size from 1.1 or 28 gauge to 6 French dual or triple lumen or 18 gauge. There are various catheter materials as well. They include durathane, polyurethane and silicone. There are also different types of PICCs including open vs. closed tip, Groshong catheters.

PICC lines are typically introduced utilizing ultrasound.

This brief article is not designed to address or cover the comprehensive and voluminous considerations that accompany use of a PICC line. PICC lines have a significant array of complications relating to insertion, catheter mal-position, difficulty with removing the stylette, bleeding, hematoma, arterial puncture, cardiac dysrhythmias, nerve injury and damage, nerve irritation, catheter embolism, air embolism and others. Typically PICC lines require radiographic confirmation and placement. There is also a whole host of maintenance and management issues associated with PICC lines including flushing, lab draws, removal, repair, exchange, PICC line dressing change and others. Lastly, there are post-insertion complications associated with PICC lines such as drainage, phlebitis, cellulitis, thrombosis and others. Unlike other peripherally inserted devices, PICC lines have significant potential fatal complications which are rare, but include, pericardial perforation, tamponade, plural effusion, hydrothorax, hemothorax.

Ports

An implanted port is thin device that consists of two parts; the catheter and the port. Ports are popular for use in oncology patients. They can remain in a patient for years. Ports can be used for the administration of various types of medications and for lab draws. The components of an implanted port are a soft flexible tube that is inserted into a vein in the chest or arm and has an opening/access just under the skin.

Implanted ports are used for patients that have active lifestyles. Patients that swim or participate in sports are an example. They require lower maintenance than other access systems and are used for longer term indications. Additionally, these lines are more discrete than other types of central lines and also cost less to maintain. They provide the lowest risk for infection of all central venous catheter types. The disadvantages of a port are they must be surgically inserted and removed and the patient still must endure needle sticks. The risks associated with implanted ports include infection (either in or around the port), risk of clotting (both in the vein in or around the catheter), risk of pneumothorax and risk of separation of the port and the catheter.

Ports do require some maintenance and management including flushing, de-clotting, accessing the port, de-accessing the port and eventually removing the port. Ports also have post-insertion complications that should be contemplated.

Another device used for surgical procedures is a tunneled catheter. A tunneled catheter is a flexible, soft, plastic tube that is inserted and tunneled under the skin (usually on the chest, groin, neck or abdominal area into the venous system). Tunneled catheters carry the risk of life threatening air embolism if they break or become damaged. In fact, patients with tunneled catheters should always carry with them a pair of hemostats.

The advantages of a tunneled catheter are no more vena punctures for PIV starts, most lab work can be drawn from the line, they are a reliable source of access for the duration of therapy and the device can usually be covered by clothing. The disadvantages of a tunneled catheter are that they are surgically inserted and removed, there is a risk of infection, there is a risk of the catheter moving from proper position if it is pulled on and there is a risk of hemothorax or puncture of a major blood vessel or nerve in the chest when inserting the line.

There are also non-tunneled catheters which are directly inserted into an appropriate vein and is used for short-term access (less than 2 weeks). Non-tunneled catheters do not require surgery. Unfortunately, this type of catheter has the highest infection rate of all central venous insertion devices.

Hopefully this short article has provided some basic information about catheters, the various types available and the advantages and disadvantages associated with each. If you suspect that you have become injured or have suffered damage following the insertion or use of any of these devices, you should immediately contact your physician for further advice. The law firm of Jeffrey R. Davis, P.A. is available to discuss these types of cases and has worked with highly trained experts in the field of phlebotomy, nursing and vascular surgery to review and advise on catheter related cases.

If you or a loved one has suffered a permanent injury and or wrongful death as a result of a doctor’s negligence, contact Jeffrey R. Davis, P.A. for a free consultation.

Beware of Facebook, Twitter and Other Social Media

January 3, 2013/0 Comments/in Amusement Park Injury, Assaults, Robberies, & Attacks, Automobile & Motorcycle Accidents, Bad Faith, Bicycle Accident, Boating Accidents, Dog Bites & Animal Damage, General Negligence, Health Insurance & Life Insurance Denial, Medical Malpractice, Negligent Security, Pedestrian Accident, Workplace Violence, Wrongful Death /by Jeff Davis Law

When bringing a personal injury claim, it is important to consider that many private aspects of your life will not remain private. Many insurance defense firms, private investigators, and defendants search and comb through social networking sites such as Facebook, Twitter, and LinkedIn. During the discovery phase of any litigation, most courts will allow the Defense to go through your Instagram, Facebook, and other social network accounts. Just one photograph or video may be taken out of context and destroy or lower the amount of monies awarded.

Recently, a woman who brought a personal injury case in Gwinnett County, Georgia tweeted about her travels and partying during the course of her case. As a result the jury lowered their damages award. The woman, a victim of a car accident, claimed that the injuries she sustained to her arm as a result of the car accident and she was unable to perform her job duties as a hairstylist. However, the Defense attorney provided tweets and pictures of the Plaintiff having fun in New Orleans with her friends and enjoying spring break on the beach. The Plaintiff asked for $1.1 million for her injuries and received $142,000.

What is the insurance and defense attorney looking for in Social Networks?:

  • Pictures of you having fun, showing that you have not been injured, and that you have returned to your normal routine;
  • Videos of you performing acts that you now claim you have difficulty with or cannot do;
  • Statements regarding the incident or accident;
  • Potential friends to interview and depose;
  • To catch you in a lie to damage

If you are involved in any type of legal matter, including a personal injury case here are a list of tips when using social networks:

  • If you can live without Facebook, Instagram, Twitter, LinkedIn, etc. CLOSE DOWN YOUR ACCOUNT. This will be the safest way that you will ensure that you will not damage your case;
  • Set your settings as private as possible;
  • Ask your friends and family to not tag you in any posts or photographs;
  • Do not discuss any aspects of your case on these social networking site;
  • Do not “check-in” anywhere.

In fact, many insurers are not trying to challenge liability as must as causation and whether the victim has a permanent injury.

The Miami based attorneys at Jeffrey R. Davis, P.A. are experienced personal injury attorneys who understand the techniques used by defense attorneys and insurances. The use of social media is just one of the ways that the other side will try to lower the damages awarded to a victim of another’s negligence. If you or a loved have been injured because of the negligence of another, contact us for a free consultation to discuss your potential case.

Nurse Alleges Medical Malpractice – Florida Hospital

January 2, 2013/0 Comments/in Medical Malpractice /by Jeff Davis Law

As a Miami medical malpractice law firm, Jeffrey R. Davis, P.A. has represented many victims who have undergone unnecessary procedures causing permanent injuries and even wrongful deaths.  Recently, HCA,the largest for profit hospital chain in the United States (163 facilities) after an investigation uncovered that as late as 2010 some of its cardiologists in many Florida hospitals were performing unnecessary cardiac procedures. These hospitals included Cedars Medical Center in Miami, Regional Medical Center Bayonet Point, Lawnwood Hospital, Kendall Regional Medical Center, and Palms West Hospital. It was reported that at Bayonet Point a 44 year-old man who arrived at the emergency room complaining of chest pain suffered a punctured blood vessel and a near fatal episode after he underwent a procedure than an outside expert believed was unnecessary. In addition, a woman with no significant heart disease went into cardiac arrest after a vessel was cut by a cardiologist when the doctor inserted a stent.

Bringing a medical malpractice claim is extremely complex. Moreover, Florida laws are designed by the legislature to protect doctors and medical facilities. For example, these are a few of the restrictions placed by Florida law on medical malpractice claims:

  • Florida doctors may practice medicine in Florida without malpractice insurance;
  • A medical malpractice claim must be initiated within two years of the alleged incident;
  • Before suit can be filed against a medical provider, a pre-suit notice must be filed followed by a pre-suit period for investigation;
  • Florida law dictates under what circumstances a doctor may be liable for medical malpractice and when they have immunity;

In addition, many times a medical malpractice claim involves multiple parties including the doctor, nurse, their employers, the hospital, and other medical providers. If you or a loved one have been injured as a result of medical malpractice it is important that you speak with an attorney regarding your case as soon as possible.  An attorney will need to research your claim and determine whether a claim can be brought.  This all must be done within the two year statute of limitations.

The attorneys at Jeffrey R. Davis, P.A. have 25 years of experience representing victims of medical negligence throughout Florida. We have the resources, knowledge, and experience to litigate claims against hospitals, doctors, and other medical providers. Contact us for a free consultation regarding  your potential medical practice case.

What to Look for in a Personal Injury Attorney – Miami

January 2, 2013/0 Comments/in Amusement Park Injury, Assaults, Robberies, & Attacks, Automobile & Motorcycle Accidents, Bad Faith, Bicycle Accident, Boating Accidents, Dog Bites & Animal Damage, General Negligence, Health Insurance & Life Insurance Denial, Medical Malpractice, Negligent Security, Pedestrian Accident, Workplace Violence, Wrongful Death /by Jeff Davis Law

Your choice in a Miami personal injury lawyer can make a big difference in the amount of compensation you receive for your injuries, how your case is managed, and how your case is finally resolved. It is important that you obtain an experienced personal injury attorney who understands Florida law, understands the insurance companies and their strategies, and who has resources to fight for your rights successfully.

When choosing an attorney to represent your interests, you must search for an attorney that is the “right fit” for you and your case. Many personal injury cases takes months to several years to resolve. You will be working with your attorney, so it is important that you trust your lawyer and get along with your lawyer. Just alone in Florida, the Florida Bar reports that there are approximately 93,895 barred attorneys as of January 2013. There are many of attorneys to choose from – Do not sell yourself short.

What Do I Look for In a Personal Injury Lawyer?

Not every attorney is a personal injury lawyer. It is important that you ask the attorney that you are about to hire what type of law they specialize in.  I always like to compare it to medicine: You wouldn’t want a cardiologist checking out a problem with your bones. Similarly, you wouldn’t want a family lawyer handling your personal injury case.

These are the factors you should consider when picking your lawyer:

  • How many years has the lawyer been practicing?
  • Has the attorney ever been disciplined by the Floria Bar?
  • Does the attorney have a list of past results?
  • Does the attorney have a list of the past type of cases that he or she has handled successfully?
  • Will the lawyer take your case to trial?
  • What is your lawyer’s policy on communicating and speaking to clients?

The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases such as workplace violence, wrongful death, car accidents, slip and falls, and negligent security. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-704-7415.

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Jeff Davis Law P.A.

jeffPersonal injury law is our main practice. Personal injury cases arise when the tortious action or inaction of a person or corporate entity causes harm to another individual. “Tortious” acts may be based on negligence, recklessness, intentional acts, or even strict liability in certain cases (such as abnormally dangerous activities and defective products).

Accordingly, the firm handles a wide range of cases involving accidents, medical malpractice, insurance disputes, products liability, and premises defects. For specific areas please browse our complete list of practice areas.

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