Articles Posted in Wrongful Death

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babyMedical malpractice cases are extremely complex, and multiple causes of action may be appropriate in a single situation. The success of a claim depends heavily on having significant and concrete evidence to show a medical facility or doctor’s malpractice. This is why it is important to consult a capable Miami injury lawyer if you are considering a potential medical malpractice claim.

In Spangler v. Mcquitty, the parents of a boy, Dylan, filed a personal injury lawsuit against a physician who delivered the child on behalf of their son, contending that the son’s severe disabilities were a result of birth injuries caused by medical negligence.

While pregnant with Dylan, the mother’s doctor failed to obtain informed consent for the treatment that was administered to her, causing a placental abruption, which ultimately left the son with cerebral palsy and other long-term injuries. Cerebral palsy is a broad term for a variety of disorders that impair the motor functions and development of a child.

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ambulanceWhen it comes to personal injury and wrongful death cases in Florida, it is not uncommon to use expert witnesses to explain complicated issues to the jury regarding the injury or the cause of the injury. There are, however, strict requirements about who can qualify as an expert witness. Under § 90.702, Fla. Stat., an expert witness must possess the knowledge, skill, experience, training, or education needed to convey an opinion to the judge or jury based on sufficient facts or data, applying reliable principles and methods to the facts of the case. These requirements amount to the Daubert standard.

In Baan v. Columbia County, the First District had to decide whether the expert testimony of an emergency room doctor about the standard of care and the conduct of emergency personnel responding to a 911 call was appropriately excluded.

The facts of the case are as follows. Emergency Medical Services (EMS) was called for an infant who was experiencing respiratory distress. Once EMS arrived on the scene, they showed the infant’s aunt how to use a nebulizer and left within 10 minutes of their arrival. The EMS report indicated that the child had normal vital signs. Approximately 50 minutes later, another 911 call was placed that revealed that the infant had stopped breathing altogether and that he was blue. The baby was also cold to the touch. The infant was air lifted to a nearby hospital but pronounced dead the next day.

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Choosing a nursing home for a loved one is never easy. No matter how cautious you are in picking the right facility, things can go wrong. Unfortunately, nursing home neglect and abuse lead to many deaths each year. If your loved one died in a nursing home, you may be able to take legal action against the facility. Florida law protects the rights of nursing home residents and allows certain surviving family members to pursue wrongful death claims. At the Law Offices of Robert Dixon, our Miami wrongful death attorneys understand this area of the law and can help you get the justice and compensation you deserve for your harm.

Recently, a Delray Beach man filed a wrongful death claim against the Whitehall Boca, where his 72-year-old mother was recovering from pneumonia. The man claimed that his mother had a medical condition that made it very difficult for her to eat, drink, or swallow food.

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vanLeaving children at a daycare can be a tough decision for many parents. However, for many working parents, daycare is the only option. When parents make this decision, they expect their children will be taken care of. Unfortunately, this does not always happen. If your child has been hurt or killed due to a careless daycare facility, it is important to speak to a qualified Miami injury attorney who can help you get the justice you deserve.

In Bryant v. Windhaven Insurance Co., a van driver employed by a local daycare picked up an infant and other children to take to the daycare center. When he arrived at the daycare, he took all the children inside except for the infant. The driver had forgotten the infant was in the car. The infant remained in the vehicle for several hours and died as a result of the summer heat.

Following the tragic incident, the deceased infant’s parents filed a wrongful death claim against the daycare, the daycare’s landlord, and the driver of the van. The driver pursued defense and coverage from his personal auto insurance policy, despite the fact that the death took place in the daycare’s van. The driver’s insurer approved coverage but did so under a reservation of rights, meaning the insurance company reserved the right to deny coverage at a later time.

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wreck-1459986Every day, people in Florida and throughout the United States are killed in car accidents. In some cases, the death is instant, while in others the victims suffer catastrophic injuries that turn fatal. At the Law Offices of Robert Dixon, we understand how devastating such a loss can be for a family. Our Miami personal injury attorneys are committed to obtaining justice for the loved ones who are left behind to pick up the pieces.

According to the U.S. Department of Transportation Fatality Analysis Reporting System (FARS), there were 30,057 fatal motor vehicle accidents in the U.S. in 2013, in which a total of 32,719 deaths occurred. In the state of Florida, there were 2,228 fatal crashes, in which 2,407 deaths took place. Alcohol played a role in some of these accidents. A number of different types of injuries ultimately caused the deaths.

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down-the-barrel-598034-mWhen crimes are committed, there is often a way for the victim and his or her family to recover civil damages for the harm. In a tragic case, the Second District had to assess what happens when one family member killed another and the surviving family member tried to seek damages for the harm that resulted from the crime.

In Cosman v. Rodriguez, a husband killed a wife after 50 years of marriage. The husband was subsequently convicted of murder. The wife’s surviving adult daughter filed a wrongful death claim as the decedent’s personal representative of her mother’s estate and later amended the suit to add individual claims.

The trial court ruled that the daughter was ineligible to recover compensation because she was an adult and her father was a surviving spouse. Under Florida’s wrongful death statute, minor children can only recover wrongful death damages if there is no surviving spouse. In this case, there was a surviving spouse. Thus, the daughter was barred from recovering because her father was still alive. Continue reading →

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truck2Unfortunately, many people throughout Florida and the United States engage in distracted driving every year by using their cellphones when they are behind the wheel. Despite texting and driving being illegal in the state of Florida, it continues to be a huge problem throughout the state. If you or someone you know has been hurt in an automobile accident, an experienced Miami injury lawyer can help assess the merits of your case and inform you of your options.

When a cell phone is the potential cause of an accident, it is common for parties to request cell phone records. In Antico v. Sindt Trucking, Inc., the court addressed the question of when a party asks to examine the content of the phone.

The facts of the case are as follows. The case was a wrongful death action brought by the widower and personal representative of the estate of a woman who was killed in a truck accident. The defendants alleged that the decedent was partially at fault because she was on her iPhone at the time of the accident. The plaintiffs objected, using privacy rights under the state constitution as the basis for their objection. Continue reading →

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doctorIn Estate of McCall v. Unites States of America, the Florida Supreme Court struck down the cap on noneconomic damages in medical malpractice lawsuits ruling it a violation of the State Constitution’s Equal Protection Clause.

Noneconomic damages typically consist of nonmonetary damages the victim has suffered such as pain and suffering, physical impairment, mental anguish, loss of consortium, loss of enjoyment and other losses that do not directly relate to pecuniary losses.

In 2003, the Florida legislature had passed a statute limiting the noneconomic damages plaintiffs could recover in medical malpractice cases. Under the statute, claimants could recover $500,000 or $1,000,000 in certain circumstances such as a wrongful death case. Continue reading →

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graveyardIf you’ve unexpectedly lost a loved one in an accident, you may be entitled to compensation. At the Law Offices of Robert Dixon, we understand that the sudden death of a relative can be extremely traumatizing for families experiencing the loss. We aim to help families get the maximum compensation possible under the law. While no amount of money can ever make up for the harm, compensation can help ease the financial burdens that accompany such a loss.

Wrongful death cases can arise from a number of situations, including:

  • Automobile accidents
  • Truck accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Boating accidents
  • Airplane accidents
  • Work-related deaths
  • Death caused by defective products
  • Medical malpractice
  • Death caused by dangerous property conditions

If a person is killed due to the negligence of another person, surviving family members of the decedent can file a wrongful death lawsuit on the decedent’s behalf. In the state of Florida, only certain close relatives of a person are able to bring a wrongful death lawsuit. Under the Florida Wrongful Death Act, individuals may bring a wrongful death claim if they are related to the decedent in one of the following ways: Continue reading →