Florida Personal Injury Lawsuit and Res Judicata

One of the benefits of hiring a Florida personal injury attorney to file a lawsuit on your behalf is the comfort you can enjoy in knowing that your attorney will fight for compensation which is fair for you. Attempting to recover compensation for your injuries when you or a family member has been injured or harmed due to another’s negligence can be very difficult. Also, if you are awarded monetary compensation in your case, but later became aware of additional damages, you may not be able to sue the person or company responsible for your injuries in a second lawsuit. This is because Florida courts recognize the legal principle known as “res judicata”.

Res judicata is a Latin phrase which essentially means that the matter has already been settled and a defendant in a Florida personal injury or medical malpractice lawsuit is entitled to this defense. Basically, under this legal doctrine, you cannot sue a person or a business when the claim could have been argued in the first claim, for additional compensation or when your second claim is against the same defendant for the same injury. However, if you believe that facts in your case are different from those in a prior case in which you already have sued a defendant and are attempting to sue a second time, you should speak with an attorney that specializes in personal injury litigation.

Res judicata is common law preclusion, similar to collateral estoppel. It is very common for these two concepts to be used interchangeably. However, collateral estoppel is issue preclusion, meaning that it prevents the re-litigation of an identical issue. In short, since res judicata is tied to the events of a case courts usually will evaluate the events in order to determine if res judicata is applicable. If the circumstances of a case involve the same issues against the same parties that were actually litigated in a court of competent jurisdiction, then it is likely that the defendant would invoke the defense of collateral estoppel and possibly win the lawsuit.

There are a substantial number of rules and legal doctrines that are applicable to the various personal injury lawsuits. Which is why it is a necessity to consult with one of our Fort Lauderdale accident attorneys to obtain the advice you will need prior to filing a Florida lawsuit by yourself or agreeing to a settlement offer. These kinds of challenges are common in this form of litigation and could result in you losing your lawsuit. 

If you have been recently hurt due to someone’s negligence, or you have a family member that was injured or killed as a result of another’s wrongdoing, contact our office shortly to discuss your case with one of our Fort Lauderdale personal injury lawyers. It is possible that you may have a valid legal claim to sue the person responsible for causing your injuries. Since each case is different with different factual circumstances, it is important that you obtain the proper legal advice you need.

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Mom Sues Hospital and Nurse After Child's Finger Was Cut Off

A Florida mother is suing the Heart of Florida Regional Medical hospital in central Florida after a nurse cut off her 3-month-old child’s finger last October. According to the Associated Press, an intravenous tube had been attached to the child’s hand and when the nurse attempted to remove it with scissors she accidentally severed one of the child’s finger. Doctors have been unsuccessful with reattaching the child’s digit. The young mother has filed a Florida medical negligence suit against the hospital and the nurse, and is demanding unspecified damages, but at least $15,000.

Our lawyers are currently assisting individuals who have been injured in a Fort Lauderdale medical malpractice case. These particular cases occur when a physician, nurse, or other medical professional commits an act that is deviated from the standard of care associated with the circumstances. There is a statue in Florida that defines the standard of care as that level of care, skill and treatment in light of all the surrounding circumstances which is recognized as the acceptable and appropriate by reasonable prudent similar health care providers under similar circumstances. Whether or not a health care provider deviated from the standard of care will be determined by a jury if there is a trial. 

It is critical to hire a Fort Lauderdale medical negligence lawyer when you or your loved one has been injured as a result of a medical provider’s negligence. Furthermore, to prove that a medical professional has breached a professional standard of care can be very difficult and could require that an expert witness that is a licensed health care provider who is to provide testimony regarding this standard. Our clients can feel at ease in knowing that our lawyers hire only the most qualified medical experts who will provide the testimony to support your claim and that are experienced in conveying this information in a clear and concise manner in order for jurors to understand medical terminology. However, effective October 2011, out-of-state physicians and dentists are required to obtain a Florida Department of Health certification in order to serve as an expert witness. 

Moreover, the loss of an extremity, such as a hand, finger, toe, arm or leg is a severe loss. These kinds of losses frequently result from a car or workplace accident and it can be extremely frustrating when you have lost the permanent use of one of your limbs through no fault of your own. But these types of injuries are compensable and you should consult with one of our Fort Lauderdale personal injury lawyers immediately if you or a loved one has recently suffered this kind of injury. 

There are several incredibly skilled health care providers in Florida. However, there are also numerous of incidents in which a medical error or medical negligence has transpired. Patients are entitled to receive the utmost standard of care when they are receiving medical treatment. And when the treatment falls below the accepted professional standard of care according, patients have the legal right to sue the medical provider. Our Florida medical malpractice attorneys are here to answer your questions about your legal rights and can file a lawsuit on your behalf to recover monetary compensation for the injuries or harm you or a family member has suffered due the negligence of a medical professional.   

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Is My Florida Personal Injury Settlement Taxable?

With only a couple of weeks remaining until the end of this year’s tax season, the Fort Lauderdale personal injury lawyers at our firm have been contacted by clients who are concerned about the tax implications on their personal injury settlements. They want to know if their personal injury settlement is taxable. In Florida, typically settlement awards are not taxable, however there are some exceptions and a settlement may subject to federal taxes depending upon the nature of the lawsuit and the type of damages the plaintiff was awarded in the settlement.

For example, punitive damages that are awarded in a Florida personal injury lawsuit are not excluded from federal income taxes, which mean that if you are awarded these kinds of damages in your lawsuit, you will be required to report this as income for taxing purposes. Punitive damages are those imposed against the defendant to punish him or her for the wrongful conduct they have committed against the plaintiff. The Internal Revenue Service (IRS) considers that this form of monetary compensation as a windfall for the plaintiff because the injured party was not compensated for factors such as lost wages or pain and suffering.

Further, our Fort Lauderdale accident injury attorneys recommend that clients seek the assistance from a tax attorney or certified public accountant (CPA) who can guide them in preparing their income tax returns to ensure that they are in complaint with the law. The tax laws governing personal injury settlements are very complex and the government often modifies the regulations so plaintiffs should not proceed in filing their tax returns on their own when these matters are present. However, as a general rule, compensation the plaintiff receives as a result of a physical injury or sickness is excluded from gross income calculations, but a tax attorney or CPA is in a position to further assist the client with how these matters should be treated on a federal income tax form.

In addition, damage awards based upon an emotional distress claims can further complicate matters because the IRS does not consider emotional distress itself as a physical injury or sickness. But if the award was to compensate the plaintiff for emotional pain that resulted from the physical injury or sickness, then this amount could be excluded from gross income. Yet, on the contrary emotional distress resulting from injury to reputation must be counted in the gross income calculation, unless the damages were awarded for medical care due to the emotional distress. Similarly where the damages awarded are from an employment discrimination case, there are specific federal, state and local laws which apply to the exclusion of gross income for tax purposes.

If you or a family member received a personal injury settlement and are worried about the tax implications affecting your awards, consult with a professional such as a CPA or tax attorney. Also, our Fort Lauderdale personal injury attorneys represents individuals and their family members who have been harmed or injured in a personal injury accident including a wrongful death, automobile negligence, slip-and-fall, dangerous drugs, or premise liability. If you have been hurt in any of these accidents, contact our office today to learn what legal options are available to you.

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Man Killed in Florida Boating Accident

Officials of the Classic Race Boat Association say that the annual Classic Race Boat Regatta is not a racing competition but rather is vintage showcase. This annual event is known to attract thousands of spectators, including the 8,000 to 10,000 watchers who attended last week. Unfortunately, similar to the Key West World Championships held last November, tragedy struck on Saturday. Investigators are currently looking into the cause of death of a boater. What is known thus far is that Mark Van Winkle and Lorraine Moody were ejected from their boat, and Van Winkle was struck by another boat and was killed. It is unclear how the boat struck Van Winkle or whether or not his death is associated with drowning or from personal injuries he may have sustained in this Florida boating accident.  

While there are many reasons for a boating accident to occur, the most common causes are due to operator inattentiveness, alcohol/drug use and excessive speed. It is being reported that the vessels in this event traveled between 70 and 80 miles per hour. Moreover, under Florida law, there are several rules and regulations which have been enacted in order to reduce the number of waterway accidents. Boaters are reminded that when operating a vessel in a speed zone which is posted as an Idle Speed-No Wake zone, the operator must operate at the minimum posted speed and when traveling on a “Slow Down-Minimum Wake” speed zone, operators must operate fully off plane and completely settled in water. In addition, the vessel’s wake must not be of the kind to create an excessive or a hazard to other vessels.

Our Fort Lauderdale boating accident attorneys recognize that activities like boating can be a fun and relaxing recreational experience and that there are hundreds of individuals each year who engage in this activity. However, if you are considering participating in the sport, it is best to become informed about the rules and regulations of the waterways, including any safety and educational requirements. Statistics indicate that boaters who take a boating safety course are less likely to be involved in a boating accident. Boaters can learn what laws may be applicable to their situation by contacting the either the Florida Department of Highway Safety and Motor Vehicles, or the Florida Fish and Wildlife Conservation Commission.

Also, in 2010, there were approximately 668 accidents that involved 339 injuries, the most common injuries were lacerations, broken bones and head injuries. These are serious injuries that often results in the injured party having to undergo extensive medical and rehabilitative treatment that is very costly. Besides personal injuries, each year boating accidents have resulted in massive property damage that could cost well in the millions of dollars. If you have recently been injured or harmed as a result of boating accident, you will need the experience of a Fort Lauderdale personal injury attorneys who can help you recover any damages that you may be legally entitled to, including monetary compensation for medical expenses, funeral costs, and pain and suffering.

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Florida Construction Site Accidents

The construction trade is one of the most dangerous industries in America for a worker to be employed. The U.S. Bureau of Labor Statistics has previously issued reports that indicate construction workers are more likely at risk to become injured or killed on-the-job. Each year there are too many workers who are seriously injured or killed in a Florida construction site accident. In addition to workers’ compensation benefits an injured party is entitled to collect, the accident could also be the basis for a personal injury lawsuit. It is common that workers’ compensation benefits are insufficient to fully compensate the hurt worker for all of the injuries that he or she has sustained. If you or a family member has recently been hurt on the job and believe that the benefits under the workers’ compensation system are not enough to cover your damages, you should seek the advice from an attorney regarding your case.

It is irrelevant if the construction site is large or small because there are frequently many workers functioning in a fast paced environment at one time, therefore an accident is likely to occur. There are many reasons for an accident to happen and some of the most common causes of a Fort Lauderdale construction site accident include crane accidents, electrical malfunctions, collapsed structures, falls from ladders and scaffolding accidents.  Although a substantial number of these types of workplace injuries are preventable with the proper use of safety gear and protection, in many cases it is often negligence that has caused a worker to become injured or killed.

Moreover, a substantial number of these kinds of accidents have been linked to the company’s failure to hire, train or supervise workers, failure to use general contractor services that would provide for a safe work place environment, or from a manufacturer’s defective products. Our Fort Lauderdale personal injury lawyers represent injured parties and their families throughout the state of Florida whose lives have been detrimentally affected due to a construction accident. Absent a fatality, an injured worker often sustains a serious catastrophic injury among which could include total or permanent disability due to spinal cord injuries, traumatic brain injuries, fractured bones or severe internal injuries. As a result, the injured worker and their family members encounter difficult financial situations due to enormous medical and rehabilitative costs, large losses of income, or unfortunately in some situations-funeral expenses.

Nevertheless, the company or manufacturer could be held liable for causing the harm that a worker and their family have suffered. Moreover, if you have been hurt while working on-the-job, you need to report the accident immediately to your employer. Under Florida law, failure to report your accident within 30 days is grounds for denial of your workers’ compensation claim. But, our Fort Lauderdale construction accident attorneys are here to help those who are facing challenges with obtaining all of their legally entitled benefits under the workers’ compensation system, or if the employer is claiming that the injured worker is at fault. Additionally, these cases are typically complex and require an experienced attorney who will thoroughly investigate the facts of the case. Contact our office today to consult with one of our attorneys and to learn more about your legal rights.

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Driver Killed in Florida Tank Truck Accident

In a tragic Florida truck collision Wednesday morning, the driver was killed. The man’s identity is expected to be released on Thursday after medical examiners complete their autopsy. According to the Tampa Bay Online, the fuel tank driver was operating his truck when it collided with a train on State Road 60 and the highway was closed down in both directions in the area of the crash. Details on how the truck and train collided are not clear at the moment, but it is believed that the force of the collision caused the train to push the tanker several hundred feet.

Commercial motor vehicles are a vital resource for a strong economy. Each day tank trucks transport many business-related products such as petroleum, chemical and food commodities across the U.S. highways and interstates. Further, these vehicles are regulated by the Federal Motor Carrier Safety Administration (FMCSA) which is an agency within the U.S. Department of Transportation. The FMCSA works with federal, state and local enforcement agencies to enforce federal and state regulations in order to prevent the number of commercial motor vehicle related accidents and injuries. Based upon the most recent statistics provided by the FMCSA, in 2007 there were a total of 368,000 motor vehicle crashes that involved a large truck. A large truck is defined by the agency as one with a gross vehicle weight rating (GVWR) greater than 10,000 pounds.

The Fort Lauderdale truck accident lawyers at our firm are all too familiar with cases involving trucking accidents and their causes. After all, tractor-trailers, 18-wheelers and semi-trucks are very large and heavy motor vehicles that require the driver to exercise the highest degree of safety while operating. Additionally, automobile operators should use caution when traveling alongside a commercial motor vehicle since weather conditions, such as high winds, can also cause these vehicles to sway back and forth on a highway. Nevertheless, accidents involving a large truck often results in an injury or death of a person, including passengers.

There are many different reasons for a Florida trucking accident including speeding, driver fatigue, road conditions, faulty equipment, and cell phone use. However, in trucking litigation many claims are based upon violations of the FMCSA’s regulations. For example, the plaintiff’s attorney could prove that the driver violated the Hours of Service (HOS) rule; this provision makes it illegal for motor carrier operators to drive more than 11 cumulative hours following 10 consecutive hours off-duty.  In order to prevail on this claim, evidence from the motor carrier’s logbooks could demonstrate that the driver violated this law and caused an accident due to driver fatigue.

Also, many accidents involving large trucks are based upon negligence. If you or a family member was recently involved in this or a similar type of accident, you should contact an attorney to discuss your case. Our Fort Lauderdale personal injury attorneys represent injured persons who have been hurt in an accident involving large trucks, buses or motor vehicles. Since these vehicles are frequently associated in accidents in which a loved one was killed, or a person has suffered serious injuries due to negligence, it is important to consult with an attorney who can thoroughly investigate the matter further and to assess what legal options are available to you.

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Nirovirus Outbreak on the Crown Princess Again!

At least 226 passengers and 63 crew members on the Crown Princess fell ill from the norovirus illness. It is the second reported outbreak of the gastrointestinal disease to hit the ship within three weeks. During January 29 to February 4, at least 364 passengers and 30 crew members suffered from the illness while on board this Fort Lauderdale cruise ship. According to the CDC, norovirus can spread from person to person through contaminated food, water or by touching an infected surface. Those who suffer from this from this illness will often experience acute gastroenteritis which causes them severe stomach pain, vomiting, and diarrhea. However, this illness can be very dangerous and life-threatening for the elderly, young children, and those with a compromised immune system.

Our Fort Lauderdale cruise ship attorneys are very concerned about this recent outbreak, since representatives of the ship announced that they had worked with the CDC after the first outbreak to prevent any future spread of the highly contagious illness. Reportedly, crew members provided passengers with preventable safety tips to avoid becoming infected with the illness. They were encouraged to use their own restrooms, wash hands thoroughly and exercise caution when touching surfaces on the ship’s doorknobs and railings. But, this recent second outbreak prompted the cruise ship’s representatives to cut its passenger’s vacation short and returned to Fort Lauderdale two days ahead of the scheduled return date so that the ship can be sanitized.

Moreover, the CDC reports that noroviruses are the most common causes of epidemic gastroenteritis. It is responsible for approximately 50 % off all gastroenteritis outbreaks worldwide, and it is estimated that on an annual basis approximately 21 million illnesses are attributable to noroviruses in the United States. Additionally, this is a food borne illness which is often found in nursing homes, long-term care facilities, hospitals and college dormitories. The CDC recommends that when an acute outbreak occurs, infected persons should be isolated and remain excluded from non-infected persons for a period of 24-48 hours after their symptoms disappear because of the highly infectious nature of the disease.

If you have a loved one who is a patient in a nursing home facility you should be aware that long-term facilities, including nursing homes are among the most common settings in which nirovirus outbreaks occur in the United States, and there have been cases in which people have died from the illness. Primarily the disease is transmitted from person-to-person, but contaminated food is also a common cause of niroviruses. If you were a passenger on board the Crown Princess, or any other cruise ship and have experienced severe abdominal pain, vomiting, or diarrhea, you should seek medical attention immediately. This is a life threatening disease and there have been associated deaths which have occurred in the United States. Correspondingly, if your loved one has recently fell ill due to this disease, you should contact our office to speak with one of our Fort Lauderdale personal injury attorneys to obtain advice about a potential legal claim.

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Florida Civil Jury Trials Declining According to Florida Bar Special Committee Report

One of the most frequents concerns among our clients are the amount of damages that could be awarded in their Fort Lauderdale personal injury lawsuit. The answer to this question is that no attorney can say for certain how much you a jury could award you for the injuries you sustained in an accident. The determination of whether or not to award any damages is a matter for the jury. However, usually the types of damages awarded are and in some cases punitive. Punitive damages are those damages which he jury awards a person is to punish a person for their wrongful conduct and to prevent this individual from future tortious acts.

Further, it is estimated that approximately 90 percent of the  personal injury lawsuits end up going to trial. And according to a study conducted by a committee of the Florida Bar, civil jury trials are decreasing across the country, including in the state of Florida. The Florida Bar Special Committee to Study the Decline in Jury Trial was created in the year 2010 to examine the decline in jury trials in the state. Based upon research of the Office of State Court Administrator, statistics revealed that during the fiscal year, 1986-1987, there were a total of 155,407 total civil cases which were filed in the Florida Circuit Courts, and the number of disposition of trials by jury amounted to 2,413 or 1.6% of the total Court dispositions. However during fiscal year 2009 – 2010, there were a total of 401,463 Civil Court dispositions, but only 879 were disposed of by jury trial, or 0.2%.

Why is there a decline in the number of civil jury trials? According to the study, there are a number of factors which have contributed to this decline including alternative dispute resolutions, the time it takes to take a case to trial and settlement agreements. But, our Fort Lauderdale personal injury attorneys are very familiar with the Florida civil litigation process and conduct every phase of the litigation procedure with due diligence. In addition, once it becomes established that you have a valid legal claim, we will gather the evidence, complete a thorough factual investigation, or subpoena witnesses and collect any information in proving your claim. We only will discuss entering into a settlement agreement with you when the circumstances indicate that this may be in your best interest, and in some situations this may be the best solution in resolving your legal claim.

However, despite the decline in the number of jury trials in Florida, you should consult with one of our firm’s Fort Lauderdale accident injury lawyers if you have been injured in an automobile accident, medical malpractice, slip-and-fall, or any accident in which you or a loved one sustained a personal injury. Depending upon the facts of your case, it is a possibility your lawsuit could result in a jury verdict. Nevertheless, this is a matter in which your attorney will discuss with you and advise you of the best legal alternative in disposing of your case.

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Florida Increasing Insurance Fraud Cases Prompts Lawmakers To Crack Down

Apparently during this staggering economy, three Floridians assume that they could stage a Florida motor vehicle accident in order to earn some quick cash. In January, Lee County law enforcement officers arrested a trio in a Florida insurance fraud incident. According to ABC news, deputies first responded to a reported accident between an Oldsmobile vehicle and a Nissan SUV at the intersection 5^th Street West and Venice Avenue North in Lee County. Further, according to the Lee County Sheriff’s investigating report, the driver of the Oldsmobile informed deputies that he crashed into the Nissan because he failed to stop at the intersection. But, after a traffic reconstruction investigator found conflicting evidence and an eye witness statement, it was determined that the accident occurred at the intersection of 6^th Street West and Venice Avenue North. Also, the driver of the Nissan admitted that the accident did in fact occurred at the intersection of 6^th Street West and Venice Avenue North, but only after being confronted with the statement of the eye witness. And likely due to the behaviors and the statements of the drivers involved, Lee County law enforcement officers say that this was a case of insurance fraud. Staged accidents are happening more and more in Florida and it is causing Florida citizens to spend more money each year in premiums. Moreover, insurance fraud occurrences similar to this event are compelling the state’s lawmakers to crack down on fraud that leads to increased personal injury protection insurance.

On Monday, Senator Joe Negron, R-Stuart, filed Senate Bill 1860, which if it becomes law, hospitals will become priority standing in PIP claims, will close licensure loopholes for clinics and establish a fee schedule for reimbursements. Senator Negron’s proposal is a measure to address fraud issues that are leading to increasing insurance premiums in some metropolitan neighborhoods in South Florida. According to the Associated Press, Floridians pay an estimated $1 billion annually. Two House members filed similar bills in November.

In the state of Florida, if you are the owner of a registered motor vehicle with four wheels you are required by law to carry PIP insurance coverage. Under PIP insurance policies, also commonly known as no-fault insurance, regardless that is at fault in your automobile accident, you are protected up to the limits of your policy. PIP has a minimum of $10,000 for personal injuries and a minimum of $10,000 for property damage. In addition, our Fort Lauderdale motor vehicle accident attorneys want our clients to know that staging accidents is only one of several cases that are considered fraud. Other situations in which insurance fraud can occur involve filing false reports or boosting the amount of their actual expenses.

 Therefore, do not attempt to file a false claim or inflate the cost of your actual damages. There are serious legal consequences you will encounter if you are caught, including the possibility of going to jail. Also important you should also retain any receipts or records of medical care appointments related to the injuries you suffered in a car accident. These types of documents can help you in proving the actual expenses you have incurred and can be used as evidence to show that you actually received medical treatment. Also, there are many medical clinics out there that have been associated with staging accidents in order to defraud the insurance system by getting people to do their dirty work. They will recruit individuals to stage car accidents in which no injuries occurred and have these people visit their office and file a PIP claim. If you have any questions regarding an insurance claim, you should consult with a FortLauderdale personal injury attorney who is available to help you with filing a claim, answer your questions about the claims process and can discuss with you about the best legal strategy in pursuing your lawsuit.

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Florida Prescription Drug Abuse Remains A Problem

Two Florida CVS pharmacies were raided on Saturday by agents of the U.S. Drug Enforcement Administration (DEA). According to Reuters, although the details of the raids have not been released from the DEA agency, a news conference has been scheduled to take place on Monday, February 13, 2012 at 3:00 p.m. Florida time. Given the fact that approximately seven people living in the state of Florida die each day as a result of prescription overdose, our Fort Lauderdale personal injury attorneys have a strong interest in stopping prescription drug abuse in the state of Florida.

News of this recent raid comes just a couple months after other reports surfaced in mid-November that the CVS pharmacy sent letters to physicians in Florida that the pharmacy would no longer fill Schedule II prescriptions. Schedule II drug such as oxycodone, morphine, and cocaine are known to have a high risk for drug abuse which can cause the death of a person. Moreover, many of the deaths caused from the over dosage of these dangerous drugs have been linked to medical facilities which illegally prescribe or administer drugs, or as most commonly known as pill mills.

Disappointingly, it appears to be relatively easy for abusers to purchase from these pill mills. All they have to do is visit one of these facilities, receive little to no medical evaluation, and pay cash for their visit. More frustrating is the report from the Orlando Sentinel that reveals that during the year 2010, 90 of the top 100 oxycodone-purchasing doctors were from the state of Florida. Drug abuse is a serious problem which destroys families and communities, and it is sad to see that our citizens have fallen into drug abuse from the negligence of unscrupulous doctors.

If your loved one has died as a result of painkillers you should consult with an attorney to obtain advice about filing a Fort Lauderdale painkiller lawsuit. The physicians and medical facilities which prescribe or administer these deadly painkillers owe a duty to their patients and breach this duty when they fail to adequately caution their patients to becoming addicted to these powerful mediations. And when death has occurred, eligible family members could be entitled to recover monetary damages for their harm.

Hopefully, the Florida prescription-drug-monitoring database will curtail this type of activity. Effective September 1, 2011 providers who dispense controlled substances are required to report to the Electronic-Florida Online Reporting of Controlled Substances Evaluation program (E-FORCSE) by electronic means, any controlled substance dispenses within seven (7) days. The purpose of the database is to collect, store and monitor controlled substances which are classified as Schedules II, III, and IV drugs. Also, its goal is to assist health care providers with information about the dispensing of these medications as well as guide them in their decision to prescribe the drugs to their patients.

Our Fort Lauderdale medical malpractice attorneys are here to answer any questions which you may have as a result of you or your loved one being seriously injured, or when death has occurred in your family as a result of dangerous painkillers. If you know of someone who is addicted to these medications encourage them to seek treatment immediately.  

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Florida Woman Arrested For Prostitution While Knowingly HIV Infected

On Wednesday night, the Palm Beach County Sheriff’s Office arrested a woman who informed officers that she was infected with the human immunodeficiency virus, or HIV and has been working as a prostitute while knowingly having this deadly disease. Michelle Weissman was busted during a prostitution sting and said that she contracted the HIV disease three years ago, according to The Palm Beach Post News. In 2009, the latest available statistics compiled by the Centers for Disease Control and Prevention (CDC), there were an estimated 6,120 persons in the state of Florida with a diagnosis of the HIV infection, regardless of the stage of the disease at diagnosis. HIV is deadly virus that causes the acquired immunodeficiency syndrome (AIDS).

Sadly, many people living with a Fort Lauderdale HIV infection will face humility and discrimination when they disclose to others their medical conditions. But, the state of Florida makes it illegal to knowingly transmit this virus to a sexual partner without disclosing to them about the HIV status, and without out a sexual partner’s consent to engage in sexual activities with an infected partner. Further, under Florida law, a person who commits or offers an act of prostitution while infected with the HIV disease and fails to notify a sexual partner could be convicted of criminal transmission of HIV.  Also, across the nation, many states not only have criminal HIV transmission laws, but in some jurisdictions a person who becomes infected without their consent could also have a legal claim by filing a personal injury lawsuit.

Our Fort Lauderdale personal injury lawyers recognize that the spread of HIV epidemic is a prevailing problem in Florida. In 2009, Broward County ranked number two in the nation, the 2^ND highest in the number of new AIDS cases per capita diagnosed in that year. Additionally, approximately 125,000 people, or an estimated 11.7 percent of the national total, people with the HIV disease lived in Florida. Nonetheless, the Florida Supreme Court has held that a person infected with HIV can sue to recover damages in a civil suit when their HIV status is wrongfully disclosed. This means that if a medical provider, employees of a health care facility, insurance company, another person or an entity which has a need to know, discloses a person’s HIV status without their consent, they could be held liable and have to pay the infected person damages for the harm resulting from the wrongful disclosure. Specifically, the Supreme Court in Florida Department of Corrections v. Abril (2007) held, "an entity that negligently and unlawfully violates a patient's right of confidentiality and privacy disclosing the results of HIV testing of the patient may be held responsible in a civil action for damages caused to the patient by unlawful disclosure" [Florida Department of Corrections v. Abril, 969 So. 2d 201, 206 (Fla. 2007).

But on the other hand,  since there are a myriad of legal issues involved, including possible negligence,  when one has been exposed to the HIV disease, for example while in a healthcare or hospital setting, and are injured as a result, then a FortLauderdale medical malpractice attorney could become involved in your case. You should contact an attorney immediately after you have become aware of an exposure, and especially if you have signs and symptoms of an incurable disease such as HIV because there have been a number of cases in which a person or a family member has become seriously ill or event worst, died as a result of someone’s negligence.

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Fort Lauderdale Personal Injury Attorneys Caution Citizens of Police Impersonators

Police impersonators still remain a problem in South Florida. On January 19, Miami Beach Police arrested 18-year-old Matthew Scheidt for impersonating a police officer. Apparently, Scheidt, acting as a law enforcement officer, pulled over a driver for not wearing a seat belt. However, one can picture the expression on the teen’s face when he became aware that the driver of the vehicle he pulled over was an actual undercover cop. Seemingly this is not the first time Schedit has run into trouble with the law because according to news sources, he was arrested last year for impersonating a physician’s assistant at the Osceola Regional Medical Center. Our FortLauderdale personal injury attorneys want our citizens to know that police impersonation is an increasing trend in South Florida, as well has across the nation.

Often when a person acts as a police officer or a government official they normally do not have good intentions. Usually it is to commit common crimes such as an assault, rape, robbery or kidnapping. Not only is impersonating a law enforcement officer a serious crime, but a person could also face civil liability if they also commit the intentional tort of false imprisonment. For example, when a person asserts legal authority and arrests a citizen without a legal privilege, he or she may have committed the tort of false imprisonment in addition to an underlying offense. False imprisonment is also a common law tort, which is classified as an intentional tort like assault and battery. When a person has been found civilly liable for this tort it is because the fact finder has found that by the preponderance of the evidence shown the individual acted with the intentions to confine another who was harmed by the confinement. Therefore, a false imprisonment occurs when a person has intended to invade the legally protected interest of another; the freedom of movement. Additionally, a confinement can be effected however short the time period.

Alternatively, our Fort Lauderdale false imprisonment lawyers want our readers to recognize the difference between false imprisonment and a false arrest. Although the terms are frequently used interchangeably, a false arrest occurs under circumstances as we have previously described above; when a defendant acts under the disguise of a legal authority and commits an arrest in which he or she is not authorized to do.  Further, a false arrest can be a method of committing the tort of false imprisonment. For example, if law enforcement arrests you without any legal justification or probable cause, you could potentially sue under the false imprisonment doctrine. Similarly, a confinement has occurred when a person intentionally locks another in a basement without a reasonable means of escape.  However, in order to prevail on this type of claim, there are four elements which you will have to prove in court, those being the following:

The alleged perpetrator must have intended to confine you,

You must have not given your consent to be confined, but, physical force against you or a member of your immediate family; or threats of imminent physical harm to you or an immediate family can be the basis of a confinement, also if you acted under duress,

You must have been aware of the confinement at the time you were confined, or harmed by it,

And no reasonable means of escape were available or known to you

 If you or a member of your family were harmed in a Fort Lauderdale false imprisonment incident, you should contact an attorney as soon as possible to discuss the particulars of your case and learn what legal rights you have.

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