South Florida Injury Lawyer Blog

Wrong-Site Surgery in Florida: When Doctors Operate on the Wrong Body Part

Published on: August 22, 2022 | Anthony Quackenbush, Esq.

It sounds shocking, but sometimes doctors operate on the wrong body part or on the wrong side of the body. This is known as “wrong-site surgery” (WSS).

According to a study by The Joint Commission on Accreditation of Health Care Organizations, there are 1,300 to 2,700 wrong-site procedures performed in the United States every year. But these numbers may be just a fraction of the actual numbers since healthcare organizations are not actually required to report such mistakes to the Commission. Some estimate surgeons operate on the wrong part of the body as often as 40 times a week. Sometimes they even operate on the wrong person.

Wrong-site surgery victims

Burn Injury – Do I Have a Personal Injury Case?

Published on: August 18, 2022 | Anthony Quackenbush, Esq.

Everyone knows how painful a burn injury can be. Even just touching a hot pot seems to hurt for hours. More severe burns are not only excruciatingly painful, they can leave permanent damage, such as infection, scarring, nerve damage, loss of proper function, breathing difficulty, and PTSD.

In many cases, depending on how the accident occurred, burn victims don’t realize that a third party may be at fault for their injury. For this reason, it is to your advantage to talk to a burn injury lawyer to determine if you have a case. If you’ve been burned in Florida, you may be able to seek compensation.

Causes of burns

Accidents Due to Road Construction in Florida

Published on: July 26, 2022 | Anthony Quackenbush, Esq.

You may not think accidents caused by road construction are common, but according to OSHA, every year more than 40,000 people are injured in work zone accidents, and every day three people on average die in accidents due to highway construction.

Nearly 20% of the U.S. highway system is under construction in peak seasons, with active construction sites estimated to be about every 100 miles.

Partly because of our wet weather and partly due to heavy traffic, road construction is common in Florida. While sometimes accidents can’t be avoided you can help keep yourself safe when going through work zones by staying alert and slowing down.

Parasailing Accidents in Florida – What You Need to Know

Published on: July 22, 2022 | Anthony Quackenbush, Esq.

Parasailing is an extremely popular sport in Florida. Between 3 to 5 million people enjoy parasailing every year, with Florida being one of the most popular states for this sport. While parasailing is statistically very safe, accidents do happen and they can be horrifying.

What is Parasailing?

Parasailing involves a boat pulling a parachute, called a canopy, in which one or multiple people are harnessed. Parasails can reach 500 feet into the air or more, providing a spectacular view and a feeling of flying. People may be harnessed to the canopy in a style similar to a parachutist or they can sit in a gondola, somewhat like a seat on a Ferris wheel. If harnessed, the parasailor generally begins on the boat and then is reeled back in to land again on the boat. If in a gondola, they land in the water, since the gondola is somewhat like a paddleboat.

Your Auto Accident – How We Build a Strong Case

Published on: July 18, 2022 | Anthony Quackenbush, Esq.

Florida is a destination state for so many people from around the world because of our incredible natural beauty and our many attractions, amusement parks, and entertainment venues. The downside of this is that many drivers aren’t familiar with the area, giving Florida a very high auto accident rate.

If you’ve been injured in an accident in Florida involving a motor vehicle, whether you were driving or riding in a vehicle, operating a bicycle or motorcycle, or were a pedestrian, and the accident was caused by someone else’s negligence, you are entitled to compensation for your injuries, pain and suffering, and loss of income.

What you should do right away

When You Think You Have a Malpractice Case in Florida

Published on: July 15, 2022 | Anthony Quackenbush, Esq.

While the vast majority of doctors and hospitals in Florida are capable and conscientious, there are, sadly, many cases of malpractice from incompetent or negligent practitioners. If you believe you have been the victim of malpractice, don’t wait to contact our office so we can help you build your case.

Florida law governing malpractice

In order to have a malpractice case, you must be able to demonstrate negligence. The “4Ds” must be proven in any personal injury case – duty, dereliction of duty, direct or proximate cause, and damage – but for medical cases, it applies as follows:

Types of Injuries Caused by Different Types of Car Crashes

Published on: June 30, 2022 | Anthony Quackenbush, Esq.

Here in Florida our roads are congested which calls for careful driving. The possibility of a car accident should always be taken seriously, no matter how seemingly insignificant. Anyone who has been in an accident should see a medical professional within 48 hours of the accident. Florida, a “no-fault” insurance state, requires that you carry Personal Injury Protection (PIP), which covers up to $10,000 of medical expenses and/or lost wages. However, you must see an approved medical provider for your injuries within 2 weeks of the accident in order to be eligible for any financial compensation.

The degree of injury in an auto accident varies depending on the speed of the impact, the size of the cars involved, the degree of safety features in the car, the angle of the impact, and the size, age, and health of the occupants and how close they are to the impact. In short, every accident is different, but few people escape an accident with no injuries. Some injuries, such as whiplash, may even take a few days or weeks to become evident, which is why medical attention is critical.

Types of Injuries

The Legal Terms of Your Personal Injury Case

Published on: April 12, 2022 | Anthony Quackenbush, Esq.

If you’re involved in a personal injury case in Florida, or you believe you have a case and are considering approaching a personal injury lawyer about it, there are some common terms you’ll likely hear. Your familiarity with them will help you understand your case better.

Common legal terms in personal injury cases

Plaintiff: the person who brings the complaint or the lawsuit. This can also be a group or party of people.

When Your Insurance Company Will Not Pay

Published on: April 4, 2022 | Anthony Quackenbush, Esq.

You filed a claim with your insurance company, expecting to receive reimbursement for your loss, but they denied your claim or offer way too little. Now what? Here in Florida, this is a common problem and we are here to help. Most importantly, if you are not happy with their response, do not sign anything until we talk.

Whether it’s car insurance, business interruption insurance, homeowner’s insurance, or any other type of insurance, the company is in business to make money. I do not mean to paint with a broad brush, suggesting that insurance companies are dishonest or unwilling to help their customers, but the fact remains that they do need to make a profit for their stockholders. Thus, unless the coverage is very clearly defined in your policy, there may be ways to decrease or deny a payout.

Let’s look at some of the reasons why your claim may have been denied and what you can do. Do not sign anything or cash any checks until you have attempted a dispute process or spoken to an attorney experienced in resolving insurance disputes.

Spring Break in Florida: Avoiding Injury

Published on: March 14, 2022 | Anthony Quackenbush, Esq.

Thousands of young people flock to Florida every year during their spring break from school to experience the many pleasures that our beautiful state and our tourist attractions afford. For the vast majority, the experience is rewarding and provides wonderful memories. However, accidents do happen. As a personal injury lawyer, I have seen how negligence and carelessness have harmed many people’s lives. If you come to Florida for spring break, take reasonable precautions so that the carelessness or negligence of others does not harm you.

Common injuries to avoid

Auto, motorcycle, bicycle, pedestrian accidents: Auto accidents and fatalities around certain Florida attractions are nearly 10% higher during the spring break season. Primary causes include increased traffic, more young drivers, driving under the influence, and distracted driving. Don’t be one of the statistics. If you are driving, walking, or riding a bike, watch for erratic drivers and avoid traffic where possible. If you are a passenger, refuse to ride with someone who is intoxicated, under the influence of drugs, or distracted.