Student in School Bus Hospitalized After Crash With Tractor-Trailer

Tampa, FL (Law Firm Newswire) June 24, 2019 – In September 2018, an 8-year-old student was injured in a school bus crash with an overturned semi-truck. The accident occurred on State Road 60 in Plant City, Florida at the intersection of Horton Road.

The crash was caused by the Hillsborough County School District bus driver pulling in front of the truck causing the tractor-trailer to overturn. The bus driver then failed to stop in time, crashing into the semi-truck.

The student, who attends Knights Elementary School, was transported to the hospital for treatment. The boy was the only student on the bus at the time. It was reported that the injuries were not life-threatening in nature but were serious enough that the student needed to be hospitalized.

A statement issued by the Hillsborough County School District indicated that the bus driver was issued a citation for pulling in front of the truck and causing the accident. Another vehicle was also damaged in the incident as it had to swerve on to the shoulder of the road to avoid the crash site. The Florida State Police had to divert traffic and close down all eastbound lanes of State Road 60 for several hours.

Under Florida law, after January of 2001, school districts were required to have seat belts installed in their busses. Tampa truck accident lawyer Robert T. Joyce, Esquire was quoted about the accident, “Florida’s school bus seat belt law exempts from liability the school district or bus driver for any personal injuries that might occur if a student fails to use a seat belt that was properly installed on the bus.”

Speak with a Tampa truck accident lawyer today. Call Joyce & Reyes at 1.888.771.1529 or visit their website.

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
Call: 813.251.2007


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  • What to Do After a Car Accident
    Car accidents are potentially life-changing events that can do far more the physically cripple victims. Under many circumstances, car accidents also can bankrupt victims when the medical costs greatly exceed any insurance coverage amounts. The following tips should help to ensure maximum payouts when involved in a car accident. Almost everyone has a cellphone that […]
  • Uber, Lyft are driving accident fatalities
    In large cities, ride-hailing services provide an affordable alternative to taxi cabs, without the hassle of mass public transportation systems. Uber is the king of ride-hailing services, with Lyft a slightly distant second across the nation. Since their sudden rise starting in 2011, a new study suggests they have increased traffic fatalities in large cities […]
  • Common signs of nursing home abuse
    Placing a loved one in a nursing home is often a very difficult decision that a family has to make. Usually, a family makes this decision because ultimately they believe their loved one will have a better life and be well taken care of. However, in some Florida nursing facilities, families learn that not only […]
  • Accident involving pedestrian ends in fatality
    On September 14, 2018, a fatal accident involving a Gibsonton woman occurred on U.S. 301 in Hillsborough County, Florida. The pedestrian accident occurred near Sabal Industrial Boulevard. The Florida Highway Patrol reported that the woman was walking southbound on the side of U.S. 301 when she was struck in the head by the side mirror […]
  • Serious injuries caused by dump truck accident in Hillsborough County, Florida
    On August 22, 2018, three children and one adult were seriously injured when a dump truck hit their vehicle head-on. The crash occurred on US 309 in Hillsborough County, Florida. The Florida Highway Patrol reported that the dump truck driver failed to see stopped traffic in front of him and swerved into the opposite lane […]

Sexual Harassment Is Not Always Clear

Los Angeles, CA (Law Firm Newswire) June 21, 2019 – In the wake of the #MeToo and #TimesUp campaigns, sexual harassment and misconduct in the workplace has been a primetime topic more than ever before. Besides uncovering the enormity of the issue, these viral hashtags and the movement they represent have also started a national conversation about what constitutes sexual harassment and what does not. Most people know that there is a line that should not be crossed; however, where that line is depends on who is asked.

Data from the Equal Employment Opportunity Commission (EEOC) shows that between 25 and 85 percent of women report having experienced sexual harassment sometime in their careers. Why the huge range in those figures? That is because sexual harassment is not always clear, and it very often goes unchecked.

“When it comes to your job, you have the right to work in an environment that is free from abuse and harassment. It can be hard to tell what sexual harassment is,” said Betsy Havens, executive director of Los Angeles employment law firm Strong Advocates. “Complicated emotions may further obscure a situation. However, if you feel uncomfortable with something that is happening, that is a good indicator that something is amiss.”

There are two categories of sexual harassment, quid pro quo and hostile work environment, and they are both illegal. Quid pro quo means “this for that” and is a proposition for sexual favors in exchange for a benefit. For example, an employer suggesting that in order to be promoted and get a pay raise an employee would need to perform sexual acts with them is definite sexual harassment. This can be a onetime occurrence.

The lines start to blur around a hostile work environment claim. What makes a hostile work environment is open to interpretation but the basis of it is behavior that is unwanted and based on sex, gender or sexuality. The acts must be persistent too; a hostile work environment claim would not be based on a singular incident.

Sexual harassment takes many forms, and some may be surprising. Recently, presidential candidate and former Vice President Joe Biden has been in the news for hugging and touching female associates and acquaintances too much. Although he is not accused of outright indecent touch such as fondling, his behavior could still be considered harassment if it were persistent enough. For more examples of surprising types of sexual harassment see Three Types of Sexual Harassment That Might Surprise You.

Questioning whether sexual harassment is occurring at work, visit Strong Advocates here for free resources on sexual harassment.

Some Dog Breeds Bite More Than Others Study Says

Brooks Schuelke, Esq.
Schuelke Law PLLC

Austin, TX (Law Firm Newswire) June 20, 2019 – Knowing which breeds of dogs are considered to be a high risk for biting is something people choosing what type of dog they want must consider, particularly if they have children, plan to have children or take their dog places where there are children.

A recent study revealed that in fact some dog breeds bite more frequently than others. The study identified the physical traits and breeds that tend to bite, most often the face, resulting in severe injuries. “It’s good information to have,” stated Austin dog bite attorney Brooks Schuelke, “particularly since Americans own an estimated 83 million dogs.”

The study took into account the dog’s head structure, breed and size. Researchers found pit bulls and mixed breed canines have the highest risk of biting and also cause the most damage per bite. Additionally, the same warning applies to dogs with short, wide heads weighing between 66 and 100 pounds.

According the Centers for Disease Control and Prevention, roughly 4.7 million people across the nation are bitten by dogs each year. At least 20 percent of those victims are predominantly kids aged 5- to 9-years old.

The study evaluated 15 years of facial trauma cases from Nationwide Children’s Hospital and the University of Virginia Health System. The victims’ injuries included bone fractures, wounds, tissue tearing and other traumatic injuries. The cases typically involved facial trauma which required a reconstructive surgeon. Researchers also thoroughly studied literature on dog bites dating from 1970 to the present and hospital data to score the risk of biting and what constituted average facial tissue damage.

“The most vulnerable victims are the kids who do not notice the often subtle signs of an impending dog bite,” added Schuelke. “Not even all dog owning adults are aware of the signals that a dog may bite.”

Other factors that may cause a dog to bite include the breed behavior, the behavior of the victim, and the dog owner and their behavior — for example, a child mimics what they see parents do and if the parents treat the dog roughly, chances are the child may attempt the same thing.

“Teach your children how to respect a dog’s space and help them understand that dogs have personal boundaries too,” Schuelke said. “A little respect and caution goes a long way toward avoiding being bitten.”

Tips for dog owners with children
· Keep children away from dogs while they are eating
· Offer a quiet eating space for the dog
· Only give high value treats, chews and toys to a dog that is separated from children
· Teach a child that if the dog takes one of their toys, they must find an adult for help
· When a dog is resting, the child(ren) must not bother the dog
· Offer an area for the dog to rest in where children cannot bother it
· Never leave a child unsupervised in a room with a dog
· If the adult needs to leave the room, make sure there is a barrier in place to separate the child and dog
· Teach children that the dog’s resting places are only for the dog

Bitten by a dog? Reach out and talk to an Austin dog bite attorney and find out how to seek compensation for any injuries sustained.

Schuelke Law PLLC
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944


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    MyPhillyLawyer Justice Scholarship Winner Is Amirah Syders

    Adrian Moody Litigation Assistant at MyPhillyLawyer & Amirah Syders

    Philadelphia, PA (Law Firm Newswire) June 19, 2019 – MyPhillyLawyer is pleased to announce that Amirah Syders is the recipient of the 2019 MyPhillyLawyer Justice Scholarship. The scholarship is $2,000 annually with the recipient receiving $2,000 each year, for a period of four years.

    Amirah, a senior at Central High School of Philadelphia, applied for the scholarship and was successfully interviewed as the 2019 recipient. She obtained a 3.94 GPA in addition to extensively participating in a wide range of extracurricular events such as: Joi’s Back-to-School Donation Drive, the Greater Philadelphia Urban Affairs Coalition and school track and field.

    Her track and field accomplishments are significant and showcase Amirah attaining the title of Public League Track and Field Champion on three occasions, 2018 District 12 Track and Field Champion and Central High School’s 4x100m record holder.

    Syders also served in the position of Judicial Intern at the U.S. District Court for the Eastern District of Pennsylvania, interning with Joel Michel, Esq. Her responsibilities included organizing a Transition Case List for future clerks, observing courtroom proceedings, delivering documents to the Clerk’s office and creating Court Orders and Rule 16 Memorandums for the Honorable Judge Petrese B. Tucker.
    Syders plans to attend Drexel University as a first-generation college student to prepare for law school with plans to become a civil rights attorney in Philadelphia. A first-generation college student is one who is the first in their family to attend a four-year college/university to attain a bachelor’s degree.

    MyPhillyLawyer looks forward to having Syders join them next summer as the first scholarship recipient summer intern. She will learn firsthand what legal advocacy is while at MyPhillyLawyer.

    Contact information:
    MyPhillyLawyer
    Dean Weitzman
    Two Penn Center Plaza
    1500 John F Kennedy Blvd #1410
    Philadelphia, Pennsylvania 19102
    Phone: 215.227.2727
    Fax: 215.563.6617
    Toll Free: 866.907.2231

    Man Takes Own Life While on Suicide Watch

    Tampa, FL (Law Firm Newswire) June 17, 2019 – A man voluntarily sought help at the Centerstone facility in Bradenton, Florida. The center placed the man on suicide watch, which meant checkups every 15 minutes. A couple days later, he was found dead in a bathroom, at the facility.

    The man’s family filed a wrongful death lawsuit alleging the hospital failed to follow its own suicide watch protocol and did not remove all objects that could have been used for self-harm. Surveillance at the facility offers proof that the man was given medication at 9:36 p.m. and no one checked on him until the next morning.

    The local County Sheriff’s Office found a “clear failure” by the Centerstone staff member who was supposed to monitor the man, but did not call it a crime. The investigative report also suggested the cause of the incident was either the failure of the hospital to follow their own policies or staff laziness.

    The mental health technician in question inferred that suicide watch checks were not done for all patients and when they came on shift they were given a verbal report on who to check and who could be left to sleep. The technician claimed they were told the man did not need continuous observation. The lawsuit alleges that, that information was at odds with written orders on the medical chart which stated “suicide continuous observation.”

    If someone dies as the result of negligence by another, the victim’s survivors may sue for wrongful death. A wrongful death lawsuit typically seeks compensation for the survivors’ loss, such as funeral and burial expenses, loss of income, loss of benefits, survivor’s pain and suffering, child care, and in some cases punitive damages.

    “Wrongful death cases are difficult for everyone involved, and in this instance, the family wants to make sure that they send a clear message with their lawsuit that this should never happen again to anyone else,” said Robert Joyce, a Tampa wrongful death attorney with Joyce & Reyes, not involved in the case. Joyce & Reyes are well known and respected attorneys in Tampa, Florida.

    To learn more about filing a wrongful death suit please visit the Joyce & Reyes website.

    Joyce and Reyes Law Firm, P.A.
    307 S Hyde Park Ave
    Tampa, FL 33606
    Call: 813.251.2007


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    • What to Do After a Car Accident
      Car accidents are potentially life-changing events that can do far more the physically cripple victims. Under many circumstances, car accidents also can bankrupt victims when the medical costs greatly exceed any insurance coverage amounts. The following tips should help to ensure maximum payouts when involved in a car accident. Almost everyone has a cellphone that […]
    • Uber, Lyft are driving accident fatalities
      In large cities, ride-hailing services provide an affordable alternative to taxi cabs, without the hassle of mass public transportation systems. Uber is the king of ride-hailing services, with Lyft a slightly distant second across the nation. Since their sudden rise starting in 2011, a new study suggests they have increased traffic fatalities in large cities […]
    • Common signs of nursing home abuse
      Placing a loved one in a nursing home is often a very difficult decision that a family has to make. Usually, a family makes this decision because ultimately they believe their loved one will have a better life and be well taken care of. However, in some Florida nursing facilities, families learn that not only […]
    • Accident involving pedestrian ends in fatality
      On September 14, 2018, a fatal accident involving a Gibsonton woman occurred on U.S. 301 in Hillsborough County, Florida. The pedestrian accident occurred near Sabal Industrial Boulevard. The Florida Highway Patrol reported that the woman was walking southbound on the side of U.S. 301 when she was struck in the head by the side mirror […]
    • Serious injuries caused by dump truck accident in Hillsborough County, Florida
      On August 22, 2018, three children and one adult were seriously injured when a dump truck hit their vehicle head-on. The crash occurred on US 309 in Hillsborough County, Florida. The Florida Highway Patrol reported that the dump truck driver failed to see stopped traffic in front of him and swerved into the opposite lane […]

    Xenon Gas May Help Prevent Cognitive Damage in Traumatic Brain Injury Cases

    Brooks Schuelke, Esq.
    Schuelke Law PLLC

    Austin, TX (Law Firm Newswire) June 13, 2019 – Traumatic brain injury researchers are constantly searching for new ways to help treat brain damage. Yet another discovery may help TBI victims – Xenon gas, a human anesthetic with few side effects.

    A new study has shown promising results for preventing cognitive damage after a traumatic brain injury (TBI). While the study involves mice, it may well have significant ramifications for humans. Xenon gas, an anesthetic drug, apparently prevents long-term cognitive impairment, protects against brain tissue degeneration and increases life expectancy in the wake of a TBI in mice.

    In fact, almost two years after a TBI, the animals were still performing well, an indicator that the gas may improve the human survival rate and help cognitive decline in humans. According to the study, the gas stopped the loss of brain cells in the hippocampus and reduced brain inflammation. The hippocampus is a small, curved brain formation that forms new memories and is associated with learning and emotions. Due to the fact that the human brain is lateralized and symmetrical, it actually has two hippocampi.

    Statistically, the leading cause of disability and death in those under the age of 45 is attributed to TBIs. When someone sustains a primary brain injury, it is often followed by a secondary injury leading to physical and mental disabilities. TBI survivors also tend to have a shorter life expectancy and a higher risk of other forms of dementia, such as Alzheimer’s.

    What makes Xenon gas work? While there is no definitive answer to that question yet, it appears that animal studies have resulted in the gas protecting and restoring the brain in the wake of lack of blood flow to the brain and areas of TBIs. It is speculated that Xenon works by limiting the stimulation of glutamate receptors.

    “In order to see if the working scientific theory is valid, researchers need to replicate the studies with Xenon gas in humans. If those investigations turn out to be successful, the world of medicine may have another alternative to help those with TBI cope and get well,” said Austin traumatic brain injury attorney, Brooks Schuelke. “If you have sustained a TBI, talk to me and find out what your legal options are to recover compensation.”

    Schuelke Law PLLC
    3011 N. Lamar Blvd
    Ste. 200
    Austin, TX 78705
    Call (512) 476-4944


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      Grand Opening Sobo & Sobo Monticello Office

      Gary & Greg Sobo Cutting Ribbon at Monticello Opening

      Monticello, NY (Law Firm Newswire) June 12, 2019 – On June 6, 2019, Sobo & Sobo held an opening ceremony to celebrate the law firm’s new Monticello location, at 533 Broadway, in the heart of Sullivan County.

      The Sullivan County Chamber of Commerce, in coordination with the Monticello Chamber of Commerce, organized a ribbon cutting for the event, with many of their members in attendance. Guests included members of the Sullivan County partnership, business owners, honorable judges, family, and friends.

      At the celebration, guests toured the new facility, mingled, and enjoyed a wonderful lunch courtesy of Orange County Bank & Trust. Their Senior VP Gregory Sousa shared, “We are happy to be a part of today’s celebration. Gary’s and Greg Sobo’s commitment to be members of the Monticello and greater Sullivan County community is terrific.”

      Gary Sobo shared that for him this is in fact a homecoming. In 1972 he was an attorney in Woodbridge not far from the Monticello office. The office is the renovated former home of prominent judge Lawrence H. Cooke.

      Judge Cooke was one of the most celebrated politicians and judges in Sullivan County history, rendering several judicial opinions that helped shape New York law including Beach v. Shanley. Judge Cooke wrote the court’s opinion that the Shield Law permits a reporter who has been called before a grand jury to withhold the name of confidential sources without being subject to any sanction for criminal contempt.*

      Judge Cooke’s picture will hang on the wall of the Sobo & Sobo office, the home in which he lived until he passed away there on August 17, 2000 at the age of 86. Today, several landmarks in Sullivan County have been named after Judge Cooke, including the Lawrence H. Cooke Supreme Courthouse and a local cemetery.

      After thanking the attendees for the warm welcome, Attorney Gregory M. Sobo shared his thoughts on the day. “Sobo & Sobo is extremely proud to open an office in Monticello. It is even more exciting to do so in the building Judge Cooke called home. We are honored to continue in his tradition of legal excellence.”

      He went on to comment on Sobo & Sobo’s eight regional offices, adding, “Having served so many of the people of Sullivan County we felt it important to provide you with a more convenient location to make it even easier to receive the same exceptional legal representation as available in our other locations.”

      About Sobo & Sobo, LLP

      The Law Offices of Sobo & Sobo, one of the largest plaintiff’s personal injury firms in the country, is driven by a commitment to superior service and world-class representation. The firm has practiced in the region for over 50 years and includes over 45 attorneys. Sobo & Sobo’s specialty, and the basis of its winning reputation, is success in a wide variety of personal injury cases. The firm’s culture focuses on supporting and informing clients throughout the difficult process of litigation. It is well-known for the universal empathy and openness of its members. For more information, visit www.sobolaw.com or call 1-855-GOT-SOBO.

      Offices In:
      Monticello, NY; Middletown, NY; New York, NY; Newburgh, NY; Pine Bush, NY; [Poughkeepsie, NY; Spring Valley, NY.

      Contact:

      Peter W Tobey
      Marketing Director
      Sobo & Sobo, LLP.
      1 Dolson Avenue
      Middletown, NY 10940
      ptobey@sobolaw.com
      Direct Line: (845) 666-0094

      The CDC Issues New Guidelines for Diagnosing, Treating Children’s Concussions

      Tampa, FL (Law Firm Newswire) June 10, 2019 – Brand new children’s concussion guidelines from the U.S. Centers for Disease Control and Prevention (CDC) outline that x-rays and blood tests are not recommended for diagnosing a concussion or traumatic brain injury (TBI).

      The American Academy of Pediatrics and the American Academy of Neurology have similar guidelines that deal with sport related concussions in child and adult athletes. The CDC’s new guidelines, however, cover concussions as a result of all possible causes, including car accidents, falls and sport head injuries.

      It is estimated that at least 1 million children in the nation sustain concussions every year. “That figure may be even higher,” said Robert Joyce, a traumatic brain injury attorney with Joyce & Reyes in Tampa, Florida. “The exact number is not known due to the under-reporting of concussions.”

      The CDC’s new guidelines for treating and managing children’s concussions are the first evidence-based recommendations for diagnosis and treatment. Recommended procedures were chosen based on 25 years of research in managing and dealing with concussions in children.

      Concussions are the result of a hit to the head that causes the brain to ricochet from side to side and front to back, damaging brain cells. Repetitive concussions have been found to cause debilitating brain disease in players of football, soccer and other contact sports.

      Many people believe that a person needs to be knocked out to have a concussion. That is not the case. Symptoms of a concussion can include: headaches, vomiting, dizziness, sensitivity to light or sound, and unconsciousness.

      The new CDC guidelines include:

      * Teens, children with existing learning difficulties or a mental illness recover slower than others.
      * Blood tests have not been proven to detect concussion and are only useful in research.
      * Undiagnosed concussions increase the risk for other incidents and longer recovery times.
      * Most symptoms clear within one to three months, however recovery times vary particularly in kids with prior concussions.
      * X-rays and CT scans are not effective in detecting a concussion. These tests are done if a physician suspects a more serious head injury,
      such as a brain bleed or skull fracture.
      * Rest is recommended for the first three days, but not longer. Inactivity may exacerbate symptoms.

      The Joyce & Reyes Law Firm, has experience with concussions and traumatic brain injuries to help guide plaintiffs through a claim to get the best financial recovery and the best possible medical care available.

      Joyce and Reyes Law Firm, P.A.
      307 S Hyde Park Ave
      Tampa, FL 33606
      Call: 813.251.2007


      View Larger Map

      • What to Do After a Car Accident
        Car accidents are potentially life-changing events that can do far more the physically cripple victims. Under many circumstances, car accidents also can bankrupt victims when the medical costs greatly exceed any insurance coverage amounts. The following tips should help to ensure maximum payouts when involved in a car accident. Almost everyone has a cellphone that […]
      • Uber, Lyft are driving accident fatalities
        In large cities, ride-hailing services provide an affordable alternative to taxi cabs, without the hassle of mass public transportation systems. Uber is the king of ride-hailing services, with Lyft a slightly distant second across the nation. Since their sudden rise starting in 2011, a new study suggests they have increased traffic fatalities in large cities […]
      • Common signs of nursing home abuse
        Placing a loved one in a nursing home is often a very difficult decision that a family has to make. Usually, a family makes this decision because ultimately they believe their loved one will have a better life and be well taken care of. However, in some Florida nursing facilities, families learn that not only […]
      • Accident involving pedestrian ends in fatality
        On September 14, 2018, a fatal accident involving a Gibsonton woman occurred on U.S. 301 in Hillsborough County, Florida. The pedestrian accident occurred near Sabal Industrial Boulevard. The Florida Highway Patrol reported that the woman was walking southbound on the side of U.S. 301 when she was struck in the head by the side mirror […]
      • Serious injuries caused by dump truck accident in Hillsborough County, Florida
        On August 22, 2018, three children and one adult were seriously injured when a dump truck hit their vehicle head-on. The crash occurred on US 309 in Hillsborough County, Florida. The Florida Highway Patrol reported that the dump truck driver failed to see stopped traffic in front of him and swerved into the opposite lane […]

      Sobo & Sobo Names Michael D. Wolff, Esq. Partner

      Michael Wolff, Esq.

      Middletown, NY (Law Firm Newswire) June 3, 2019 – On May 20, 2019, Sobo & Sobo, the largest personal injury firm in the Hudson Valley with over 45 attorneys, announced that Michael D. Wolff, Esq., has been named a partner. “Michael has decades of experience representing clients in all aspects of the law,” says Greg Sobo, the firm’s owner. “We are pleased to launch this next phase of Sobo & Sobo with him as a partner.”

      Michael is a graduate of State University of New York at Brockport and received his law degree at Quinnipiac College School of Law. He is admitted to the New York and New Jersey Bars as well as those of the Southern, Eastern and Northern Districts of the U.S. District Court. He has been practicing law in the Hudson Valley for over 25 years, representing victims of crimes and those who suffer personal injury. He has long established himself as a preeminent trial attorney and advocate.

      He has been named a “Super Lawyer” since 2017, one of the “Top Attorneys in the Hudson Valley” in 2018, and was named in the 2019 Hudson Valley Parent Magazine’s Favorite Lawyers Guide. He is also active in the Orange County community having been a coach for the Minisink Valley Mock Trial team through the New York State Bar Association, is a former Board member and coach for the Minisink Valley Little league and Minisink Valley Soccer.

      Offices In: Monticello, NY; Middletown, NY; New York, NY; Newburgh, NY; Pine Bush, NY; Poughkeepsie, NY; Spring Valley, NY.

      About Sobo & Sobo, LLP

      The Law Offices of Sobo & Sobo, one of the largest plaintiff’s personal injury firms in the country, is driven by a commitment to superior service and world-class representation. It all begins with listening to the victim’s story during a free consultation. Sobo & Sobo has offices conveniently located throughout New York in Middletown, Newburgh, Spring Valley, Warwick and Poughkeepsie as well as New York City. To explore information about their decades of Winning Together, visit www.sobolaw.com or call 1-855-GOT-SOBO.

      Florida Supreme Court Overturns Cap on Medical Malpractice Damages

      Tampa, FL (Law Firm Newswire) June 03, 2019 – The Florida Supreme Court declared that a law capping damages in medical malpractice lawsuits to be unconstitutional. The Court issued its decision on the 2003 law in June of 2017 in the case Kalitan v. North Broward Hospital District. The law was signed by then Governor Bush in 2003 purportedly to help lower doctors’ high malpractice insurance premiums.

      The law only affected non-economic damages in medical malpractice lawsuits. Non-economic damages are those damages awarded for pain and suffering. This is distinguished against economic damages such as lost wages or medical bills that were caused by the malpractice.

      The case decided by the Florida Supreme Court came out of Broward County and involved a patient who, in 2007, was having carpal-tunnel surgery but had their esophagus accidentally perforated. After a lawsuit was filed and a trial, a jury awarded the plaintiff $4 million dollars. However, the medical malpractice cap law reduced that award by over $2 million dollars. At this point the plaintiff appealed the award reduction.

      The Florida Supreme Court declared the law unconstitutional based upon the argument that it violates the equal-protection rights in Florida’s state constitution. Specifically, the Court stated that, “because the arbitrary reduction of compensation without regard to the severity of the injury does not bear a rational relationship to the Legislature’s stated interest in addressing the medical malpractice crisis.”

      Tampa attorney Lillian Reyes-Joyce, Esquire commented, “This ruling will help the thousands of individuals who are harmed by medical malpractice every year. It will also help cut down the number of medical errors and make seeking treatment safer.”

      For those who have been injured due to a medical error, do not hesitate to contact the lawyers at Joyce & Reyes at (813) 251-2007. The initial consultation is free.

      Joyce and Reyes Law Firm, P.A.
      307 S Hyde Park Ave
      Tampa, FL 33606
      Call: 813.251.2007


      View Larger Map

      • What to Do After a Car Accident
        Car accidents are potentially life-changing events that can do far more the physically cripple victims. Under many circumstances, car accidents also can bankrupt victims when the medical costs greatly exceed any insurance coverage amounts. The following tips should help to ensure maximum payouts when involved in a car accident. Almost everyone has a cellphone that […]
      • Uber, Lyft are driving accident fatalities
        In large cities, ride-hailing services provide an affordable alternative to taxi cabs, without the hassle of mass public transportation systems. Uber is the king of ride-hailing services, with Lyft a slightly distant second across the nation. Since their sudden rise starting in 2011, a new study suggests they have increased traffic fatalities in large cities […]
      • Common signs of nursing home abuse
        Placing a loved one in a nursing home is often a very difficult decision that a family has to make. Usually, a family makes this decision because ultimately they believe their loved one will have a better life and be well taken care of. However, in some Florida nursing facilities, families learn that not only […]
      • Accident involving pedestrian ends in fatality
        On September 14, 2018, a fatal accident involving a Gibsonton woman occurred on U.S. 301 in Hillsborough County, Florida. The pedestrian accident occurred near Sabal Industrial Boulevard. The Florida Highway Patrol reported that the woman was walking southbound on the side of U.S. 301 when she was struck in the head by the side mirror […]
      • Serious injuries caused by dump truck accident in Hillsborough County, Florida
        On August 22, 2018, three children and one adult were seriously injured when a dump truck hit their vehicle head-on. The crash occurred on US 309 in Hillsborough County, Florida. The Florida Highway Patrol reported that the dump truck driver failed to see stopped traffic in front of him and swerved into the opposite lane […]