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Posts

The Opioid Crisis

June 11, 2018/0 Comments/in Assaults, Robberies, & Attacks /by Jeffrey R. Davis

Stories about the current opioid crisis can be found anywhere, through news channels, social media or maybe you have met someone personally affected by this epidemic. A recent study shows that on average pharmacies are filling more than 214 million opioid refills or first time prescriptions a year. There are many types of opioids that are legally prescribed; these pain medications included oxycodone, vicodin, morphine, codeine, and others. If you take a deeper look into the crisis, it also includes use of illegal drugs such as heroin or synthetic opioids like fentanyl.

The question here is what is being done to stop this epidemic from spreading? Lawsuits are being filed across the country in an effort to hold the prescribing doctors, hospitals, pharmaceutical companies and pharmacies accountable. Some of the claims state that the prescription drug is to blame for an individual’s addiction and once their prescription runs out this what leads a person to buying illegal drugs, which results in criminal activity. There are suits being filed against pharmaceutical companies that claim evidence is being hidden about the dangers and how highly addictive these medications really are.

Take for instance a case that has been filed in Florida; Attorney General Pam Bondi is suing some of the largest opioid drug makers and distributors. The state of Florida is claiming these companies failed to inform those dispensing and/or using these drugs of their risks. The Attorney General has stated, “It’s time the defendants pay for the pain and destruction they have caused.” The suit seeks damages for costs associated with drug treatment. This includes the costs of care for babies born with addictions to opioids, state foster care services, first responder services, hospital and emergency treatment, law enforcement expenses and other taxpayer expenses caused by the epidemic. Similar cases were also brought about in five other states by their attorney generals. These states include; Nevada, North Carolina, North Dakota, Tennessee, and Texas. Hundreds of other lawsuits have followed alleging misrepresentations and other aspects of negligence regarding these prescription drugs.

In 2017, Mckeenson Corp, one of the largest drug distribution companies in America reached a settlement with the Justice Department to pay $150 million to the U.S Government for failure to detect and report suspicious opioid orders. According to the Washington post “ the government accused Mckeenson- the fifth largest company in the United States- of failing to design and use an effective system to detect “suspicious orders” from pharmacies for powerful painkillers such as oxycodone”, as required by the Controlled Substance Act. In Colorado, Mckeenson filled more than 1.6 million orders for controlled substances from June 2008 to May 2013, but it reported just 16 of them from a single customer as suspicious.” This was so far the largest fine against a distribution company. Another example of a settlement was in 2017 against Costco. Costco agreed to pay $11.75 million to the U.S Government to settle charges that stated the company unlawfully filled prescriptions for doctors that were either not registered or unqualified.

While these are only initial efforts in the race to stop this epidemic, it has been stated time and time again what a huge role the opioid companies have had in this epidemic. The hope is that the outcome of these legal cases will force pharmaceutical manufacturers to responsibly design, label and distribute opioid-based pain medication to avoid its dangerous and addictive misuse thereby hopefully ending the horrible opioid drug crisis.

Jeffrey R. Davis, P.A. is a law firm dedicated to pursuing justice on behalf of its injured clients. If you, a friend or a loved one have been injured due to medical prescription mismanagement, pharmaceutical error or other adverse medication events, please contact Jeffrey R. Davis, P.A. for a free case review and consultation. Our offices are available on a 24-hour basis in both English and Spanish.

Practice Considerations – Personal Injury Lawyer – Miami, FL

February 16, 2018/0 Comments/in Amusement Park Injury /by Jeff Davis Law

For the injury lawyer handling a knee case, a working knowledge of the anatomy, terminology and basic pathology is essential.

The AAOS reports in 2010 there were about 10.4 million patient visits to doctor’s offices because of common knee injuries such as fractures, dislocations, sprains and ligament tears. “Knee injury is one of the most common reasons people see their doctors”.

It’s the largest joint in the body – if you are going to represent a client with a knee injury, learn the anatomy – what the component parts are and how they work.

The simple and most cost effective way to learn about your client’s knee injury is to start with the first responder’s records. Pay careful attention to the history, complaints and physical examination findings. Was swelling or effusion documented? Was there a description of redness, bruising or contusion? Look for the term “hematoma”. Was decreased range of motion or “ROM” documented? Did your client require assistance ambulating or were they placed on a stretcher.

The next source of information is the emergency room records. Patient complaints, history and physical findings must be carefully reviewed. X-rays reports, doctor’s notes and discharge instructions are also important points of information.

The initial treatment records with the PCP, family doctor or internist should be carefully examined for knee complaints and findings. Your knowledge of all of these materials in a thorough, comprehensive and chronological order will truly benefit your case presentation to the treating orthopaedic surgeon, claims adjuster and defense counsel.

All doctors, especially orthopaedic surgeons are busy people. When you meet with your client’s treating orthopaedic surgeon, physiatrist or neurologist, knowledge of the minute details contained in the medical records is essential. They will not know as much about these facts as you do! This is how you get their attention and how you get the most out of the brief conference they will give you. Use this time wisely – go in with a goal oriented plan.

I like to have my client’s doctors, especially in knee cases, give me answers to these topics:

1.      What is the injury?

2.      Is it traumatic, and if so, how can we prove that?

3.      What was pre-existing and what was new?

4.      What is the treatment plan: cost, length of time, rate of success?

5.      What effects or limitations will be permanent and can that be proven? (we live in a Daubert world- remember to get your doctor to think in terms of that level of proof).

Remember, timing of the conference with the treating doctor is important.  Too soon and many of the inquiries will go unanswered: too late and all the documentation will have already been created.

If the case warrants it, hire a medical illustrator or visual presentation company. It pays to have your AV person meet with the treating doctor to prepare and later review your exhibits, especially if they are to be used in trial.

Have your client take the time to explain how their knee injury has affected their lives. These details are important to your jury. While the average juror may not appreciate the significance of anterior cruciate ligament instability, they will understand the difficulty associated with knee pain that prevents your client from getting out of their car.

To do the best possible job for your client in a knee injury case, know more about your clients’ knee injury than everyone else involved in the case. Know all the complaints, the documented findings, the dates of treatment, complaints on those dates, doctor’s opinions, treatment and results. Know the knee inside and out. You will be surprised how this body of knowledge will enhance the valve of the case and improve the result for your client.

Good Luck!

Why You’ll Need a Personal Injury Lawyer for Your Car Accident Case

February 17, 2016/in Automobile & Motorcycle Accidents, Pedestrian Accident, Personal Injury /by Jeff Davis Law
Personal Injury Lawyers serving Miami, North Miami, North Miami Beach, Sunny Isles, and More

Jeffrey R. Davis is a personal injury lawyer in Miami, FL that is ready and able to help you with your personal injuries due to car accidents. Unfortunately, car accidents happen, and sometimes they are serious. If you or someone you care about has been involved in a serious car accident, you’ll need a personal injury lawyer.

Our Miami Car Accident Lawyers Are Reputable

The number one reason why you’ll need a car accident lawyer in Miami, FL is if you or someone you care about has been hurt, especially if the injury is permanent. Your lawyer will help you recover the cost of your medical bills, general damages, and take into consideration the time lost in school, work, or household duties.

Involved in a Pedestrian Accident? Call Our Miami Car Accident Lawyers

Is there fault in this case? If fault is an issue, you need to contact your personal injury lawyer in Miami, FL. It’s also important to contact your lawyer if there was a pedestrian involved, your pedestrian accident lawyer in Miami, FL will be a big help for your justice.

Is the police report inaccurate? Contact your car accident lawyer in Miami, FL if you feel as though the report is not accurate or fair to you. It’s important that the right details are recorded.

Another reason to contact your car accident lawyer in Miami, Fl is if you have no car insurance or your insurance company says you didn’t pay your premium. Insurance companies can be tricky to work with and an experienced lawyer is what you need to help you. Also, if your insurance company involves their lawyer, then you definitely need to hire your own lawyer.

Mr. Davis is also a motorcycle accident lawyer in Miami, FL and is glad to help those involved in motorcycle accidents who are seeking justice for their personal injuries.

If you are in a car accident, follow these steps: seek medical treatment, take pictures, get information from others involved in the accident, get names and numbers of witnesses, and contact your personal injury lawyer.

Contact Our Car Accident Lawyers in Miami, FL Today

Being in a car accident is rough. It causes emotional problems, stress, injuries, damages, and dealing with claims. Contact your personal injury lawyer in Miami, FL today to help you with every step of the way in winning your case.

Automobile Accident: Claim vs Lawsuit

December 17, 2015/0 Comments/in Automobile & Motorcycle Accidents /by Jeff Davis Law
Car Accident Lawyer in North Miami

Things turn out best for people who make the best of the way things turn out.

Automobile Accident Lawyers North Miami

One of the most frequent questions I am asked during initial meetings with new clients is; “how long is my case going to take?” Fair question to which I never have the exact answer. A lot depends on what stage of the case a resolution is reached. Usually at this point in my new client discussion, I explain the difference between making a claim and filing a lawsuit.

Absent a stragic purpose or unusual set of circumstances, my firm usually sends a notice letter to the at-fault party, financially responsible (or vicariously liable) person or entity and their insurance company if known, upon assuming representation. This “notice of representation” letter requests the disclosure of insurance information. Florida has a specific law, Florida Statue 627.4137 that requires insurance companies to disclose information about the existence of insurance coverage.

The “claim” is the presentation of a case to an insurance company or defendant. Following receipt of a representation letter and request for coverage disclosure, an insurance adjuster or third party administrator is usually assigned to the case.

Many times, especially in cases involving automobile accidents, the amount of insurance coverage is not enough to cover the damage or injuries sustained. In these situations, frequently the insurance company will promptly surrender or pay the insurance limits in order to settle or resolve the claim.

Once a relationship is established with a particular insurance adjuster, all correspondence, medical documentation, bills or “specials” are forwarded to this adjuster. In my office, we believe that it is better to send the claims adjuster case materials as they are received rather than waiting until the conclusion of medical care treatment in order to present a demand and provide these materials for the first time. Our thinking is that by continuing to update the claims handler on the progression of our client’s case, they can set higher reserves for future settlement negotiations. Insurance companies try to project what a claim’s value will be at its inception in order to budget or manage their risk. By continually forwarding new case materials such as bills and office notes to an adjuster during the pendency of the claim, the adjuster knows about the nature of the claimant’s injuries and is able to forecast a more realistic case value when the time for negotiations come. It also lets the adjuster know that the law firm is on top of the case and actively handling it.

Automobile Accident Lawyers in North Miami

As North Miami Beach automobile accident lawyers, we are aware that Florida law requires proof of some measure of permanent injury in order to obtain full compensation for our clients. In fact, Florida Statute 627.737 (2) spells out the type of injury or damage that a person involved in an automobile accident needs to sustain in order to recover money damages for pain, suffering, mental anguish and inconvenience. They are as follows: (a) significant and permanent loss of an important bodily function; (b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; (c) Significant and permanent scarring or disfigurement; [or] (d) death.

This “threshold” of injury or damage is needed to obtain non-economic damages as a result of a car crash. Frequently, it takes some six or more months of medical care, treatment and observation for an injured crash victim to reach maximum medical improvement. This means that before a physician can make a decision on whether or not a patient has sustained a permanent injury, it takes six or more months of care. Insurance companies understand this and typically keep claims files on a 60-90 day diary to update them for status. When the client is finally released from the doctor’s care, we request a final report asking the physician to specify the degree of permanent injury, if any. Upon receipt of the medical records, billing statements, PIP payout sheets, health insurance liens or payment documents, loss wage documentation and any other relevant expenses, we package the same, together with any other evidence in the case such as photographs, 911 recordings, property damage records or any other case materials and submit it to the insurance company adjuster with a settlement demand. Insurance companies like to try and settle claims for the lowest amount they can reasonably get away with.  While each case is unique and no two cases are exactly the same, there is often a generalized range of values that lawyers can agree on. It is important that your car accident attorney has an understanding of what your claim’s value range is. This information can be obtained from a variety of sources starting with case handling experience, jury verdict and settlement reports, discussions with other attorneys, list servs, seminars and reported decisions. The client should be made aware of all settlement offers promptly so that discussions can be had on how to proceed. If negotiations fail to reach a reasonable settlement offer and/or the insurance company denies the claim, a lawsuit is frequently the next step.

A lawsuit begins with a document known as a complaint. A complaint is filed against the at fault persons, firms or entities and is accompanied by the payment of a filing fee with the clerk of courts. Once a lawsuit is filed, it is served upon the defendants by a process server.  Once served, the defendant has 20 days in which to file a response or answer. Now the case is in “litigation”. Discovery is exchanged between the parties in order to gather information. Discovery consists of interrogatories (written questions answered under oath), requests for production (written requests for documents and other materials relating to the case or claim), requests for admissions, requests for inspections or entry upon land, request for examination and depositions to name a few types of discovery. The discovery process can take months or years. Although a case can be “noticed for trial” twenty days after the filing of an answer or last pleading, most cases take longer to get ready. Even when a case is placed on the court’s trial docket, it is frequently not reached or called for trial on the first time up. Court dockets are busy and usually judges schedule trial dockets on 2 or 3 week calendars. Courts try to give older cases priority over newer cases however there are exceptions. Litigation is much more time consuming and expensive than the claims process. Once a case is placed in litigation a judge often dictates the pace at which the case gets resolved. In federal court, judges are far more strict with their time constraints than in state court.

Contact an Automobile Accident Attorney in North Miami

The difference between a claim versus a lawsuit is vast. It is important that a lawyer and  client discuss exactly what the client can expect to happen once the case goes into litigation. For any questions or additional information on claims or lawsuits following car accidents involving personal injury, please contact Jeffrey R. Davis, P.A. for a free consultation. We are car accident lawyers in North Miami and car accident lawyers in North Miami Beach, however we handle all types of claims throughout Florida.

Practice Considerations

October 30, 2015/in Personal Injury /by Jeff Davis Law

Personal Injury Lawyer – Miami, FL

Personal Injury Lawyer Miami FLFor the personal injury lawyer handling a knee case, a working knowledge of the anatomy, terminology and basic pathology is essential.

The AAOS reports in 2010 there were about 10.4 million patient visits to doctor’s offices because of common knee injuries such as fractures, dislocations, sprains and ligament tears. “Knee injury is one of the most common reasons people see their doctors”.

It’s the largest joint in the body – if you are going to represent a client with a knee injury, learn the anatomy – what the component parts are and how they work.

The simple and most cost effective way to learn about your client’s knee injury is to start with the first responder’s records. Pay careful attention to the history, complaints and physical examination findings. Was swelling or effusion documented? Was there a description of redness, bruising or contusion? Look for the term “hematoma”. Was decreased range of motion or “ROM” documented? Did your client require assistance ambulating or were they placed on a stretcher.

The next source of information is the emergency room records. Patient complaints, history and physical findings must be carefully reviewed. X-rays reports, doctor’s notes and discharge instructions are also important points of information.

The initial treatment records with the PCP, family doctor or internist should be carefully examined for knee complaints and findings. Your knowledge of all of these materials in a thorough, comprehensive and chronological order will truly benefit your case presentation to the treating orthopaedic surgeon, claims adjuster and defense counsel.

All doctors, especially orthopaedic surgeons are busy people. When you meet with your client’s treating orthopaedic surgeon, physiatrist or neurologist, knowledge of the minute details contained in the medical records is essential. They will not know as much about these facts as you do! This is how you get their attention and how you get the most out of the brief conference they will give you. Use this time wisely – go in with a goal oriented plan.

I like to have my client’s doctors, especially in knee cases, give me answers to these topics:

1.      What is the injury?

2.      Is it traumatic, and if so, how can we prove that?

3.      What was pre-existing and what was new?

4.      What is the treatment plan: cost, length of time, rate of success?

5.      What effects or limitations will be permanent and can that be proven? (we live in a Daubert world- remember to get your doctor to think in terms of that level of proof).

Remember, timing of the conference with the treating doctor is important.  Too soon and many of the inquiries will go unanswered: too late and all the documentation will have already been created.

If the case warrants it, hire a medical illustrator or visual presentation company. It pays to have your AV person meet with the treating doctor to prepare and later review your exhibits, especially if they are to be used in trial.

Have your client take the time to explain how their knee injury has affected their lives. These details are important to your jury. While the average juror may not appreciate the significance of anterior cruciate ligament instability, they will understand the difficulty associated with knee pain that prevents your client from getting out of their car.

To do the best possible job for your client in a knee injury case, know more about your clients’ knee injury than everyone else involved in the case. Know all the complaints, the documented findings, the dates of treatment, complaints on those dates, doctor’s opinions, treatment and results. Know the knee inside and out. You will be surprised how this body of knowledge will enhance the valve of the case and improve the result for your client.

Good Luck!

Wheelchair Accident

October 2, 2014/0 Comments/in General Negligence, Workplace Negligence /by Jeff Davis Law

WORKER/WORKPLACE NEGLIGENCE

Negligent Assembly or Installation

Plaintiff: Bolts on wheelchair armrest weren’t tightened

 

Verdict (P)        $807,600

Case Eduardo Trujillo, III and Lizeth Trujillo, his wife, v. T.D. Medical, Inc., and Miguel Nunez, No. 13-23500-CA

Court   Miami-Dade County Circuit Court, 11th

Judge    Jose Rodriguez

Date     8/12/2014

 

Plaintiff Attorney(s)

Jeffrey S. Altman, Jeffrey S. Altman, P.A., Miami, FL (Eduardo Trujillo, Lizeth Trujillo)

Jeffrey R. Davis, Jeffrey R. Davis, P.A., Miami, FL (Eduardo Trujillo, Lizeth Trujillo)

 

Defense Attorney(s)

Gerry A. Giurato, Murphy & Anderson, P.A., Jacksonville, FL (Miguel Nunez, T.D. Medical Inc.)

Christen E. Luikart, Murphy & Anderson, P.A., Jacksonville, FL (Miguel Nunez, T.D. Medical Inc.)

 

Facts & Allegations

On Aug. 13, 2012, plaintiff Eduardo Trujillo III, 40, a musician who has spinal muscular atrophy, received a new wheelchair from T.D. Medical Inc. that was delivered to him at his Miami home by its employee Miguel Nunez. Trujillo claimed that after Nunez delivered the wheelchair, adjusted the armrests, and left his home, the left side wheelchair armrest collapsed, causing him to fall to the ground. Trujillo fractured his right femur.

Trujillo sued T.D. Medical, which supplied the wheelchair, and Nunez for alleged negligent assembly and delivery of the wheelchair.

Trujillo had ordered the wheelchair custom-made. His counsel claimed that T.D. Medical failed to fit it properly for him. They claimed that Nunez, a technician employed by T.D. Medical to provide adjustments to Trujillo’s chair upon delivery, failed to tighten the bolts that controlled the pivoting of the armrest. They also claimed that had Nunez tightened the bolts, the armrest would not have fallen and caused Trujillo to lose his balance and fall.

Defense counsel denied that the armrest was negligently adjusted. They also claimed that if the armrest fell, the wheelchair manufacturer was responsible. Nunez claimed he tightened everything perfectly.

 

Injuries/Damages

fracture, femur; decreased range of motion; loss of consortium

Trujillo sustained a fracture to his right femur and underwent immobilization of the leg. He did not have surgery and the fracture healed on its own. He claimed he suffered a decreased range of motion of his leg.

Trujillo sought to recover damages for past medical costs, past lost earnings, and past and future pain and suffering. His wife, Lizeth, who initially joined the action on a consortium claim, dropped the claim prior to trial.

The defense’s orthopedic expert testified that Trujillo did not suffer a permanent injury. He also noted that Trujillo was already 100 percent disabled and confined to a wheelchair before the accident due to his underlying spinal muscular atrophy. He also pointed out that Trujillo was unable to walk before the accident due to his spinal condition.

 

Result

The jury found the defendants 100 percent negligent. It determined that Trujillo’s damages totaled $807,600.

 

Plaintiff(s)

Eduardo Trujillo

$7,100 past medical cost

$500 past lost earnings

$360,000 past pain and suffering

$440,000 future pain and suffering

$807,600 plaintiff’s total award

 

Insurer(s)

Benchmark Insurance for T.D. Medical Inc. and Miguel Nunez

 

Trial Detail(s)

Trial Length: 3 Days

Jury Composition: 3 male, 3 female

 

Plaintiff Expert(s)

David A. Peterson, M.D., orthopedics, Winter Park, FL (Jeffrey S. Altman, Jeffrey R. Davis) (treating)

 

Defense Expert(s)

Michael Ziede, M.D., orthopedic surgery, West Palm Beach, FL (Gerry A. Giurato)

Editor’s Note

This report is based on information that was provided by plaintiffs’ and defense counsel.

 

Written By –Gary Raynaldo

Edited By -Miguel Fernandez

 

 

Symptoms of Traumatic Brain Injuries (TBIs)

August 1, 2014/0 Comments/in Automobile & Motorcycle Accidents /by Jeff Davis Law

Traumatic Brain Injuries (TBIs) can have a wide-ranging physical and psychological effects. Several signs and symptoms of Traumatic Brain Injuries may appear immediately after the traumatic event, while others may appear days, weeks, or even months later. Brain injuries can range in scope from mild to severe.

Symptoms of Mild TBI

A person with a mild TBI may experience

  • Headache
  • Confusion
  • Dizziness
  • Ringing in the ears
  • Trouble with memory, concentration, attention
  • Loss of consciousness lasting a few seconds to minutes
  • Sensitivity to light or sound
  • Nausea or vomiting

Symptoms of Moderate or Severe TBI

A person with moderate or severe TBI may have some of the symptoms listed above. In addition, the person may experience any of the following:

  • Constant Headache
  • Repeated vomiting or nausea
  • Slurred speech
  • Convulsions or seizures
  • Enlargement of the pupil (dark center) of one or both eyes
  • Numbness or tingling of arms or legs
  • Loss of coordination
  • Increased confusion, restlessness, or agitation
  • Loss of consciousness lasting a few minutes to hours

A person who suffers a blow to the head or another trauma that may have caused a TBI should seek medical attention.

For more information on TBIs click here.

The Law Offices of Jeffrey R. Davis have over 25 years of experience in dealing with Traumatic Brain Injury cases and personal injury litigation.

If you or a loved one has suffered a TBI or any other injury, contact us for a free consultation or call us at 305-577-3777.

 

Miami Shooting Leaves One Dead

April 15, 2014/0 Comments/in Amusement Park Injury /by Jeff Davis Law

One dead and two wounded after a shooting in front of a Miami market. At approximately 7:15 p.m. at the Kings Brothers Market on 1304 NW 62 Street, Miami, Florida a young man with two handguns walked up to a group of people and started to shoot. The market is located near the Liberty Square Housing Project commonly referred to as the Pork & Beans by residents. The store does have surveillance video which is currently being reviewed by the Police Department in order to identify and arrest the assailant.

If you are involved in a shooting incident (negligent security), do not trust your case to an inexperience personal injury attorney. 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.

If you are involved in a shooting incident (negligent security) that It is important that you remember the following things:

  1. try to check and identify what your injuries are;
  2. call the police and file a police report;
  3. make sure that you see a doctor or seek medical attention even if you have just a few symptoms or complaints;
  4. take pictures of your your injuries, any other person’s injuries, and the scene of the accident (including any surveillance cameras);
  5. gather any documents proving your inability to work, medical expenses, etc.

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 305-577-3777.

Florida Supreme Court Rules: Car Owners are Liable

April 11, 2014/0 Comments/in Amusement Park Injury /by Jeff Davis Law

On April 10, 2014 the Florida Supreme Court ruled in Christensen v. Bowen that an individual who has his/her name on the title of a vehicle as co-owner is vicariously liable under the dangerous instrumentality doctrine even though he/she never intended to be the car owner and claimed to giving up control of the car to another co-owner. Simply, if your name is on the title and even though you :1) do not have access to the car where it is parked; 2) you do not have keys to the car; 3) you simply intended the car as a gift; and 4) you did not drive the car, you will be found (liable) for any negligence committed by the driver of said car. In the Christensen case, Mr. Christensen the Defendant and Petitioner (the co-owner named on the title) was in divorce proceedings at the time of the accident.  Note to the wise:  Make sure if you are getting divorced that you transfer the interest to the person that will be driving the car.  If you keep the interest in the car, i.e., your name on the title, you could be held liable for any car accidents that the driver causes.

If you or a loved one is injured or is a victim of a  car accident, it is important to seek legal counsel as soon as possible. A personal injury attorney will be able to document and preserve evidence that will support your potential claim. A car accident lawyer will also be able to request documents such as a your medical records, police records, and court records which will all potential help your future case.  Jeffrey R. Davis, P.A., has a vast experience representing injured victims in personal injury and car accident matters. Jeffrey Davis has represented hundred of individuals as a result of the careless driving of others. Jeffrey Davis, car accident attorney, may be able to help you obtain the justice you deserve.

It is important that if you or a loved one is injured in a car accident, you obtain as much information that you can regarding the other driver/party (insurance information, tag, name, address, etc.). You should also make sure that you tell police a simple and concise explanation of how the accident happened. Make sure that you do not accept money or sign any type of release at the scene of the accident. Also, do not get into a fight or an argument with the other driver. Make sure that you do not speak to anyone at the scene other than the police. Many times, an insurance company will send out an immediate response team.  They are not on your side. In addition, your insurance may come out to the scene to prove that the accident was your fault or that you were not injured. Olga Porven, Esq., an attorney with Jeffrey R. Davis, P.A., is a former insurance defense attorney. She is well aware of what the insurance companies are capable of and has the experience in dealing with insurance companies to help you obtain potential compensation in your case.

Contact Jeffrey R. Davis, P.A. for a free consultation. One of our attorneys will gladly speak to you regarding your personal injury matter.

 

 

 

Deep Vein Thrombosis Following Orthopedic Surgery

September 5, 2013/0 Comments/in Medical Malpractice, Wrongful Death /by Jeff Davis Law

Deep Vein Thrombosis (DVT) is the formation of a blood clot in a deep vein, usually in the legs. These clots, also known as a thrombus, can detach and travel to the lungs, causing severe injury or death (pulmonary embolism).

Virchow’s Triad

Briefly, it is important to understand the process by which clots can form. In the 1850’s, a German doctor, Rudolph Virchow, studied the factors leading to blood clots and developed a triad of factors. “Virchow’s Triad” consists of the 3 likely factors that lead to the development of a deep vein thrombosis. They are:

  1. Local trauma to the vessel wall
  2. Hypercoagulability
  3. Stasis

Simply put, venous stasis can be considered a decreased blow flow rate; hypercoagulability can be an increased tendency to clot and changes to the blood vessel wall from injury can actually change the biochemical pathways which activates the clotting cascade.

When considering orthopedic surgery, especially such procedures as total hip replacement, total knee replacement, lower extremity trauma surgery, and joint repair, among other procedures, it is easy to demonstrate how the principles of “Virchow’s Triad” can come into play.

In the case of a traumatic injury, frequently vessels are damaged or crushed. Most surgical patients will have periods of immobilization. Frequently, tourniquets are used during surgical procedures. Following surgery, patients will refrain from weight-bearing or other movements. Each one of these could lead to the development of a DVT and it’s potentially fatal counterpart, a pulmonary embolism.

The Deep Vein Thrombosis Prophylaxis Debate in Orthopedic Surgery

Much attention is given to the topic of deep vein thrombosis prophylaxis in orthopedic surgery. This means the prevention of DVT, either in preparation for surgery or following surgery. It is universally accepted that some form of anti-coagulation is indicated in procedures such as a total hip replacement and total knee replacement. There is extensive disagreement on the need for chemoprophylaxis or mechanical methods of preventing the formation of DVTs in orthopedic surgical patients.

Routine anticoagulation can be achieved through such agents as Heparin, Coumadin, Fondaparinux, or other chemoprophylatic agents. While certain medical societies have published guidelines regarding the need for prophylaxic antithromobolitics in total knee and hip replacements, there is a great degree of controversy among chest physicians, orthopedic surgeons, and cardiologists regarding the need for mandatory antithrombolitic prophylaxis in other orthopedic surgical procedures. Apparently, the potential risks of these therapies may outweigh the benefits they impart. Oftentimes, the patient will develop medical difficulties such as increased bleeding and other significant side effects from chemoprophylaxis agents. The most severe of these complications can actually include pulmonary embolus or heparin-induced thrombocytopenia, which can be limb or life threatening.

Patients Most at Risk of Developing a DVT

The orthopedic surgeon must evaluate the patient’s risk factors in order to determine whether or not chemoprophylaxis agents should be utilized in their surgical patients. The American College of Chest Physicians published an evidence-based clinical practice guideline regarding DVTs. This paper, entitled “Antithrombotic therapy and prevention of thrombosis”, 9th edition, American College of Chest Physicians Evidence-Based Clinical Practice Guidelines, Chest, 2002, discusses prediction probability methods for DVTs. One widely used criterion to measure DVT probability actually scores risk factors in order to create a probability range. Some of the criteria used to determine risk are whether or not the patient has or had the following:

  • Active cancer
  • Paralysis
  • Paresthesis or recent cast immobilization of lower extremities
  • Major surgery requiring regional or general anesthetic in the past 12 weeks or was recently bedridden for greater than 3 days
  • Recent long-distance travel
  • Localized pain along distribution of deep venous system
  • Swelling of entire leg and/or calf greater than 3 centimeters
  • Pitting edema
  • Collateral superficial veins
  • Previously documented DVT or PE

Most studies seem to correlate the increased incidence of deep vein thrombosis with non weight-bearing status and immobilization after surgery.

There are other methods of treatment and prevention of deep vein thrombosis besides medication. Weight-bearing, physical activity, mechanical devices including pneumatic compression devices, compression garments, and, in rare cases, internal filter placement.

It is essential for the orthopedic surgeon performing lower extremity surgery to consider the risk of DVT. The more that the physician and patient understand this complex problem, the better the exchange of information needed to assess the risks to that particular patient. Failure to consider the possibility of DVT and/or failure to recognize the existence of a DVT post-surgically can lead to disastrous consequences.

About Jeffrey R. Davis, P.A.

Jeffrey R. Davis, P.A. represents victims of medical negligence throughout the state of Florida. The firm has a specific interest in working with cases involving medical mishaps due to the failure to avoid and/or timely recognize the development of deep vein thrombosis and pulmonary embolism. If you or your loved one has experienced this type of medical difficulty or damage following orthopedic surgery, please consider consulting Jeffrey R. Davis, P.A. to fully explore your options.

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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).

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