http://www.floridainjurylawyersblog.com/ Published by Troy & Schwartz, L.L.C. en-us 2009-12-14T20:33:13-05:00 http://www.floridainjurylawyersblog.com/2009/12/floridas_nursing_home_resident_1.html As is well known, Florida has a large population of individuals over the age of sixty-five (65). Many of these individuals are, or will eventually become, residents of a nursing home or an assisted living facility (ALF). Moreover, the number... Troy & Schwartz 2009-12-14T20:33:13-05:00 http://www.floridainjurylawyersblog.com/2009/11/a_lawyers_perspective_quality.html We have written numerous blogs concerning the development of decubitis ulcers, commonly known as bedsores, due to the negligent treatment of the nursing home resident or hospital patient by staff members. One blog suggested using a quality-control approach to reducing... Troy & Schwartz 2009-11-25T14:55:34-05:00 http://www.floridainjurylawyersblog.com/2009/11/the_reasonableness_standard_fo.html At first blush, Florida’s statute of limitations for bringing a medical malpractice suit appears to be quite straight forward. The Florida Statute which governs medical malpractice claims states the following: “An action for medical malpractice shall be commenced within 2... medical malpractice Troy & Schwartz 2009-11-08T16:07:39-05:00 http://www.floridainjurylawyersblog.com/2009/10/floridas_loosy_goosy_employmen.html The Sun Sentinel recently provided an outstanding public service to the citizens of Florida by exposing serious loopholes in Florida law which have allowed individuals of questionable background to obtain employment in day-care-centers, assisted-living facilities (ALFs), and nursing homes, sometimes... Nursing Home Abuse Troy & Schwartz 2009-10-13T17:28:34-05:00 http://www.floridainjurylawyersblog.com/2009/10/negligence_or_not_floridas_rem_1.html In the recent case of Probkevitz v. Velda Farms, LLC. and Joseph Anthony Dixon, Florida’s Third District Court of Appeal (Third DCA) reversed the trial court’s denial of the plaintiff’s motion for a new trial because the trial court had... Troy & Schwartz 2009-10-11T14:54:48-05:00 http://www.floridainjurylawyersblog.com/2009/09/rental_car_companies_off_the_h.html Most drivers who have the misfortune of being injured through the negligence of the driver of a rental car company may not be aware of relatively recent changes to the law which make it virtually impossible to “win” a claim... Automobile Accidents Troy & Schwartz 2009-09-06T14:34:27-05:00 http://www.floridainjurylawyersblog.com/2009/08/your_right_to_know_medical_mal_1.html On November 2, 2004, eighty percent of Florida’s voters voted to pass Amendment 7, known as the “Patients’ Right to Know” Amendment. Amendment 7, now a part of Florida’s Constitution under Article X, Section 25, provides that “any records made... medical malpractice Troy & Schwartz 2009-08-30T17:25:14-05:00 http://www.floridainjurylawyersblog.com/2009/08/chalk_one_up_for_uninsuredunde_1.html In Diaz-Hernandez v. State Farm Fire and Casualty Company (Fla. Law Weekly D1046; May 27, 2009), the Third District Court of Appeals of the State of Florida recently held that a provision in State Farm’s policy for uninsured motorist’s coverage... Troy & Schwartz 2009-08-21T12:14:03-05:00 http://www.floridainjurylawyersblog.com/2009/07/wyeth_v_levine_the_intersectio.html Although it originated as a personal injury lawsuit in Vermont state court, the Wyeth v. Levine case quickly assumed the “mantel” of a constitutional law case because it involved constitutional law principles involving the doctrine of pre-emption. Under the pre-emption... Prescription Drug Product Liability Troy & Schwartz 2009-07-06T15:03:06-05:00 http://www.floridainjurylawyersblog.com/2009/07/us_supreme_court_makes_an_inju.html On June 25, 2009, the US Supreme Court issued its opinion on the rather limited question presented for its review in Atlantic Sounding Co., Inc., et al. v. Edgar Townsend: whether an injured seaman may recover punitive damages for... Injured Seamens' Rights Under Maritime Law Troy & Schwartz 2009-07-05T11:21:15-05:00