Jeffrey R. Davis

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Entries by Jeffrey R. Davis

Drunk Driving Liability

February 26, 2018 /0 Comments/in /by

Are you in danger of being arrested if your child throws a “getty”? Picture this:

Your 18 year-old son or daughter is throwing a get-together, or “getty,” at your house. One of the now-drunk friends leaves and causes a major accident on the road, killing a couple. Who is to blame here?

Florida Statute 768.125, otherwise known as the Dram Shop Law, states that if an establishment gives or sells alcohol to a minor or someone who is “habitually addicted” to it, that establishment is to blame. Florida is one of the few states that allows for the victims and intoxicated parties to charge the establishment.

Anesthesiologist Case May Lower Bar For Fla. Med Mal Suits

February 16, 2018 /0 Comments/in /by

Law360 (February 13, 2018, 3:20 PM EST) — If the Florida Supreme Court revives claims against an anesthesiologist whose quick clearance for surgery of a woman allegedly contributed to her death, experts say it could make it easier for medical malpractice plaintiffs in the state to allege causation, or that a health care provider proximately caused a person’s injuries.

The state’s highest court agreed in January to rule on whether Dr. Arturo Lorenzo was properly cut loose from a suit accusing health care providers including Hialeah Hospital of negligent treatment that caused the death of patient Maria Elena Espinosa just prior to brain surgery. Lorenzo, an anesthesiologist, is accused of improperly clearing the patient for surgery despite certain red flags, including an abnormal electrocardiogram and lab results.

The Third District Court of Appeal ruled 2-1 in August that the patient’s family failed to present evidence proving Lorenzo — who spent just three to five minutes conducting the initial portion of an anesthesia evaluation while the assigned anesthesiologist was running late to the surgery — played a causal role in Espinosa’s death, and issued a directed verdict in Lorenzo’s favor.

Medical Records Rip Off

February 6, 2018 /0 Comments/in /by

Until 1997, a monster of a “medical transcription” industry was developing right under the United States’ nose. A medical copy would cost one dollar per page to third parties that represented a patient- we’re talking lawyers, insurance companies, etc. These companies turned the copies for an incredible amount of profit until HIPAA regulations required doctors and medical establishments to transfer all paper records to a digital format.

Now, 21 years later, these companies are still charging an insane amount of money for a copy of a medical record. However, all it takes is a few clicks and a couple seconds to download these documents onto a USB. No paper, no ink.

Lawyers and insurance companies must pay thousands of dollars to a medical transcription company to have your records released to whomever you choose… in the age of technology! Companies like CIOX, that took over the medical transcription industry, are claiming that if third parties do not pay them for patient medical records, they acquire a “tremendous financial burden.”

IV Infiltration and Medical Malpractice

January 26, 2018 /0 Comments/in /by

Often, patients are prescribed intravenous- or IV- therapy to have fluids administered into their veins through a small catheter needle. The needle is typically inserted in the arm or hand to deliver medications. Although it is normal procedure, it is not 100% safe or reliable.

Grave complications can result due to improper placement of the catheter. A condition known as IV infiltration is described as, “when medication or fluid is intravenously infused into the surrounding tissue,” can be one of the leading development of improper handling or monitoring of the IV by the medical staff.

Occasionally, the medication inserted intravenously becomes toxic as it leaks into the tissues surrounding the bloodstream. This may have adverse and irreversible effects to skin, fats, and muscles in the areas affected. Other examples of such effects are:

Distracted While Driving

January 11, 2018 /0 Comments/in , /by

Next time you are stuck in traffic – take a look around you. Most of the drivers in nearby cars are starring at their phones. At night, you can see the white light of a handheld device in nearly every car. Hardly anyone is paying attention to the road ahead. Most drivers are distracted. The latest statistics show that American’s traffic deaths are rising. The combination of automobiles and smartphones are contributing to the danger. Despite a media campaign of awareness, many drivers still text and drive or use their phone in other distracting ways.

Traffic fatalities on United States roads in 2016 increased to 37,461, according to the National Highway Traffic Safety Administration. That is a 5.6% increase over 2015 and 8.4% from 2014. According to the National Highway Traffic Safety Administration’s records, fatal distracted-driving crashes specifically involving cellphone use, increased to 14% in 2015 from 12% in 2011.

The Capital news service in Tallahassee Florida reported that more than 39,000 people were injured in Florida last year after being involved in a distracted driver crash. The month of April has been designated Distracted Driver Awareness month. The Florida Department of Highway Safety and Motor Vehicles keeps records on traffic crashes and vehicular legal infractions. Despite a ban on texting while driving, police have issued very few citations in part because texting is a secondary offence. This means that motorists must first have been stopped for some other violation.

Jeffrey R. Davis, P.A. Recently reported another case in which justice was served

December 4, 2017 in , , /by

Jeffrey R. Davis, P.A. recently reported another case in which justice was served. The firm represented a 90 year-old pedestrian that was bumped by a car in a store parking lot and caused to fall and twist an ankle.

In this case, the client sustained a non-displaced lateral malleolus fracture – which translates to a fracture in the bone on the outside of the ankle joint. The treatment required 9 weeks in a CAM walker, followed by physical therapy. The defendant driver was insured by GEICO and the defense denied liability and disputed the existence of a fracture and that the Plaintiff sustained a permanent injury.

After a three-day trial before Hon. Jeffrey Levenson in Broward County, Florida, the jury returned a verdict in the Plaintiff’s favor with a finding of permanency. The net verdict exceeded the Proposal for Settlement which will entitle the Plaintiff to an award of Attorney’s fees as well as compensatory damages.

Texting While Driving In Florida…

January 9, 2017 in , , , /by

Texting While Driving in Florida: Dangerous and Against the Law!

The Florida ban on texting while driving law is found at Florida Statute §316.305.  Incredibly, although everyone knows it’s a careless and dangerous practice, it is still only a secondary offense (F.S. 316.305(1)(d)).  This means to be cited (receive a ticket) for texting while driving (TWD), a motor-vehicle operator must be detained (pulled over or stopped) for another type of violation (i.e., speeding, running a red light, taillight out, etc.)  (F.S. 316.305(5)).

Evidence of texting will be admissible in criminal and civil proceedings where the driver that was texting while driving cased a crash involving death or personal injury.  In those cases, cell phone bills or other written evidence of TWD will be admissible in Court.  (F.S. 316.305(7)(c)).

I'm looking forward to presenting at National Business Institute’s upcoming course, “Personal Injury: 50 Mistakes Insurance Companies Want You to Make” on Wednesday, April 12, 2023.

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