South Florida Injury Lawyer Blog

AI in Medical Decisions – Is It All Safe?

Published on: July 9, 2023 | Anthony Quackenbush, Esq.

Artificial intelligence (AI) is used in more and more applications, including medicine. Hospitals around the country, including in Florida, are using AI in many diagnostic tools. But while the expectation is that AI can speed up diagnosis and delivery of care, a number of studies have recently demonstrated that AI can in fact worsen bias, miss serious illness, and deny care to those in need. If your doctor or medical system used AI to make diagnosis decisions and you were hurt, do you have a medical malpractice case? We can help determine your options.

What we call AI is really a complex mathematical instruction called an algorithm that tells the computer what to do. This allows for high-speed automation of actions that would take a human much longer to complete. AI is said to “learn” by being fed a great deal of data from which it recognizes patterns for completing its task. In the case of medical diagnostic tools, AI is fed massive amounts of data and draws conclusions from that.

However, as the old saying goes, “garbage in, garbage out.” If the AI is fed poor data, it will draw poor conclusions. If the algorithm itself is faulty, it will draw incorrect conclusions.

Do Doctors Make Money Off Improper Treatment?

Published on: June 22, 2023 | Anthony Quackenbush, Esq.

If you have been injured by a doctor or the care you have received doesn’t feel appropriate, your medical team may have made a mistake. There is no doubt that the vast majority of doctors have the best interests of their patients at the forefront of their minds. That said, there are many people decrying the current condition of our American medical system and medical financial incentives because Americans spend more money on healthcare than the residents of any other country and yet we have worsening health.

Americans are estimated to spend over $200 billion on unnecessary medications, medical tests, therapies, and medical procedures. Much of this medical waste is due to over-prescribing pharmaceuticals or not choosing the least expensive, least invasive treatment option. Other medical waste is due to improper treatment, mistakes, or even flat-out fraud. Regardless of the reason, many of these events could be considered medical malpractice.

Improper treatment: medical mistakes and excessive medical care

Car Accident: When the Other Driver Goes Silent after an Accident

Published on: June 11, 2023 | Anthony Quackenbush, Esq.

A car accident, whether minor or serious, can damage your physical and emotional health, as well as damage your vehicle. Unfortunately, Florida has one of the highest auto accident rates in the United States, due in large part to the many visitors to our Sunshine State who don’t know the area and may be distracted as they look for their destination. It’s important to know what to do in the case of an accident and when to reach out for legal help.

What to do after a car accident

Be prepared to take these important steps if you’re ever involved in a vehicular accident in Florida:

When Your Landlord Won’t Fix an Issue

Published on: May 31, 2023 | Anthony Quackenbush, Esq.

Florida is the happy home of so many native Floridians as well as the destination state of so many new residents. We have a variety of living options, including many rental properties that are well-maintained and comfortable. But what happens when your rental unit or the associated public spaces need important repairs and your landlord refuses to make them? You may need to take legal action.

You pay rent to your landlord in exchange for a safe and healthy environment. You have a right to demand that from your landlord. Naturally, things can be damaged by the actions of the tenants, such as holes in the wall or clogged toilets from too much paper put in them. It’s reasonable in situations like this for the landlord to expect the tenant to be responsible for the costs of repairs. This is usually stipulated in the rental contract. But general repairs and safety issues and damage caused by another tenant that affects you are the responsibility of the landlord. He or she may not blame you for these issues nor put off repairs indefinitely.

Types of issues

Are Meal Kit Services and Grocery Delivery Safe?

Published on: May 16, 2023 | Anthony Quackenbush, Esq.

Having your groceries delivered can be a major time-saver, and meal kit services provide you with all the ingredients for a gourmet meal at home without having to shop for everything. But there are health risks associated with these services, which wise consumers can mitigate by taking certain precautions.

Major problems with delivered food

The biggest concern with food delivery and meal kit services is the risk of bacterial growth. Perishable food can become a breeding ground for harmful bacteria when the product is not kept cold. At 40oF, it takes only two hours for microbes to begin to colonize; at 90oF, it takes only one hour. Here in Florida, with temperate weather even in the winter and very high heat and humidity the rest of the year, keeping food cool can be a challenge, especially when it is being transported.

Camp LeJeune Bill – Can You Get Compensation?

Published on: April 18, 2023 | Anthony Quackenbush, Esq.

We have many military personnel and retirees living here in Florida. If you ingested water from Camp Lejeune, it is important you understand the Camp Lejeune Justice Act (CLJA). Enacted in August 2022, the CLJA gives injured parties a two-year window to sue the federal government for injuries sustained due to the water contamination at Camp Lejeune between the years of 1953 and 1987.

Camp Lejeune was one of the worst water contamination disasters in U.S. history. Wells contained trichloroethylene (TCE), perchloroethylene (PCE), benzene, vinyl chloride, and other volatile organic compounds (VOC). One major contamination source was underground storage tanks that leaked 1,500 gallons of fuel every month into the surrounding soil. This was known for years and the problem was hidden, ignored, or downplayed. Another source was a dry cleaner outside the base, which opened in 1953 and dumped wastewater laced with PCE, a known carcinogen. PCE is also used in other solvents that may have been used on the base.

Significant negligence and intentional deception and concealment allowed this toxic environment to continue long after the problems were discovered, leading to a great outcry for justice. Generally, service members cannot sue the federal government for injuries sustained while in military service, but the CLJA allows the victims of Camp Lejeune to sue the government for this gross negligence.

Nursing Home Abuse in Florida

Published on: April 4, 2023 | Anthony Quackenbush, Esq.

Nursing home abuse and neglect are, sadly, not uncommon. In 2020, over 15,000 complaints were filed with nursing home ombudsmen throughout the country (the ombudsman is someone who handles long-term care complaints in each state). Undoubtedly, many more cases go unreported.

According to the National Center for Victims of Crime (NCVC), nursing home abuse complaints in 2018 included:

29% physical abuse

Suing for Serious Issues with Airbnb or Vrbo in Florida

Published on: March 28, 2023 | Anthony Quackenbush, Esq.

Airbnb and Vrbo (“Vacation Rentals By Owner”) give property owners the opportunity to rent out their units to travelers in our great state of Florida. But while these two companies have policies and requirements for the rental units and hosts, by the very nature of the service, they do not have the level of oversight or control that a hotel would have. While most hosts keep their units safe and in good repair, since they want good reviews and future business, some rentals are disastrous and can cause serious harm to guests.

You have the right to a safe visit while you’re in Florida. Airbnb and Vrbo as well as the individual renters should be held liable if you are injured during your stay due to their negligence.

Major issues in Airbnb and Vrbo

What Can I Do If I’m Injured by Florida State or Local Government?

Published on: March 16, 2023 | Anthony Quackenbush, Esq.

It is legal to sue a Florida governmental body for injuries due to negligence, but it must be handled differently and more quickly than when suing an individual or business. It’s best to contact a personal injury lawyer as soon as possible to avoid losing your right to sue. As a personal injury attorney in Florida with expertise in pursuing legal claims against state and municipal entities, I will quickly examine your case and determine how to help you.

When you can sue the government

Florida law permits individuals to sue government bodies if:

Cosmetic Surgery and Medical Malpractice in Florida

Published on: March 12, 2023 | Anthony Quackenbush, Esq.

Cosmetic surgery is elective surgery, generally for the purpose of changing a person’s looks. Surgery to remove significant scarring or to repair a deviated septum would not generally be considered cosmetic surgery, as they are repairing some part of the body that is damaged or not working properly.

Examples of cosmetic surgery include:

face lift, neck lift