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  • 11/17/2021 0 Comments
    What is Medical Malpractice?

    When a health care professional, doctor, or a hospital causes injury to a patient through negligent omissions or actions, it is considered medical malpractice. The negligence can be the result of health management, aftercare, treatment, or errors in diagnosis.

    According to the laws, in order for you to file a medical malpractice claim, these characteristics must be present:

    Your injury has to have been caused by negligence- In order for a medical malpractice claim to be justifiable, it cannot be due to someone involved with your health care having violated your standard of care. It must also be proven an injury happened because of this negligence. If the medical professional receives an unfavorable outcome from a charge of not providing 'standard of care,' it is not malpractice by itself. You would have to prove that negligence is why you've experienced an injury. If you've sustained an injury without negligence, or you can show negligence that did not cause an injury, neither scenario can be claimed as medical malpractice under the law. 

    A violation of your standard of care- Under the law, there are medical standards recognized in the medical profession as being acceptable medical treatment. The medical treatment must be provided by reasonable prudent health professionals under similar or like circumstances. This type of medical treatment is known as the 'standard of care.' As a patient, you have the right to expect your health care professionals to care for you in a manner that is consistent with these standards. If it is proven you did not receive a 'standard of care,' you may be able to establish negligence in your case.

    Your injury has caused significant damages- You will have to prove or show your injury or harm suffered was caused by medical negligence. The harm or injury has to have resulted in considerable damage, such as:

    • Enduring hardship
    • Considerable loss of income
    • A disability
    • Suffering
    • Constant pain


    Types of Errors that Result in Malpractice Lawsuit

    Some of the cases where negligence can be proven and could result in a lawsuit include:

    • An incorrect or unnecessary surgery
    • A failure by medical professionals to order the appropriate tests
    • A failure by medical professionals to act on test results
    • A prescription is given for the wrong medication or wrong dosage
    • Operating on the wrong part of a patient's body
    • Leaving medical equipment or supplies inside a patient's body after surgery
    • Misdiagnosing or a failure to diagnose
    • Allowing a patient to discharge prematurely
    • Not following up on a patient's care
    • Causing the patient persistent pain after a surgery
    • When a patient contracts a potentially fatal infection while in the hospital
    • When a patient develops bedsores or pressure ulcers

    Informed Consent is Required for Medical Procedures

    If you have not given informed consent to a medical procedure, your health care provider or physician can be liable if this procedure results in injury or harm. A malpractice lawsuit may be legitimate in this case even if the procedure was done perfectly.

    If your surgeon does not inform you a procedure involves a thirty percent risk of losing a limb, and this happens during the surgery, your doctor will be held liable. This liability is present even if the operation was done perfectly. The reasoning behind this liability is that you might have chosen not to do the surgery with this risk possible.

    Essential Elements for a Medical Malpractice Case

    The plaintiff, you, have to prove there were four elements present in order to be successful in a medical malpractice lawsuit:

    • A duty was breached because the hospital or health care provider did not provide the expected standard of care
    • Considerable damage or injury resulted whether financial, emotional, or physical due to the medical care
    • A duty was owed to you by a hospital or health care provider
    • A breach resulted in your injury that was closely linked to your injury

    Where to Learn More About Medical Malpractice

    Batts-Daniels Law has more than forty-five combined years of experience and a proven track record for providing aggressive representation. If you have suffered injury or harm from a medical professional, call our office and learn how we can help get the compensation you deserve.

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  • 11/17/2021 0 Comments
    Is Your Child Owed Money? What are the Rights of Children if Their Parent is Killed at a Business

    If the parent of a minor child or an adult child is killed due to another's negligence, they have the option of suing for their loss. If the child is a minor, the claim would have to be filed on their behalf by either the executor of the deceased parent's estate or the surviving parent. If the minor child has lost both parents, the executor or whoever holds power of attorney can carry out the claim on behalf of the estate or the children.

     

    What Type of Compensation is Given to a Child Who Loses Their Parent to Wrongful Death?

    Some of the compensation available in a wrongful death is to compensate the surviving family member for the loss of resources they relied upon. Generally, less compensation is provided to adult children as they don't rely as heavily on the lost adult for financial support as a minor child would.

    If, as a family member of a parent who was killed at a business, you could seek damages for that parent's yearly income. Their income at the time of the killing would be calculated out for what should have been their expected working life. You are also able to seek damages for benefits, such as retirement savings or health insurance. These resources would have to have been lost due to your loved one's death.

    Economic damages in a wrongful death claim are intended to make sure the family's quality of life does not suffer because of their loved one's untimely death. Adult children and minor children's compensation are not calculated the same for compensatory damages, as adults do not rely on their parent's contribution as heavily as a minor child does.

     

    What are the Rights of Minor Children if Their Parent is Killed at a Business?

    A minor child is entitled to pain and suffering if they lose either parent in a wrongful death, even if there is a surviving parent. These types of lawsuits are painful for everyone involved.

    A wrongful death suit for a parent who has been killed at a business, or through a workplace hazard, often has attorneys using heartbreaking videos and pictures to build a case of how the loss is going to affect the child. A strategy of this type generally results in the child receiving greater pain and suffering damage valuations.

     

    What are the Rights of Adult Children if Their Parent is Killed at a Business?

    Limitations are placed on adult children who have lost a parent in wrongful death. The claim can only be filed if the parent killed does not have a surviving spouse.

    In Florida, this law means that if your mother was killed in wrongful death, but your father has survived her, it is assumed you would still have parental companionship from him. Since you still have parental companionship, the law feels you do not require compensation for pain and suffering.

     

    Purpose of Wrongful Death Compensation

    Compensation for wrongful death is not a value judgment. When looking at the compensation for a person's death who had children versus one who did not have kids, it would seem more value is placed on the parent killed. Compensation for wrongful death is not a judgment on who the person was, but rather on what their loss means or causes to surviving family members.

     

    Where to Learn More About Wrongful Death Compensation

    Batts-Daniels Law understands Florida law and we are here for you to help you understand the laws that will make sure you get the justice you deserve. We will support you every step of the way through this very emotional time and guide you in making the best decisions for your future. We know there is no compensation possible to replace your loved one, but in Florida, you do have a 'right of action' available to you for wrongful death.

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  • 11/17/2021 0 Comments
    Is Your Child Owed Money? What are the Rights of Children if Their Parent is Killed at a Business

    If the parent of a minor child or an adult child is killed due to another's negligence, they have the option of suing for their loss. If the child is a minor, the claim would have to be filed on their behalf by either the executor of the deceased parent's estate or the surviving parent. If the minor child has lost both parents, the executor or whoever holds power of attorney can carry out the claim on behalf of the estate or the children.

     

    What Type of Compensation is Given to a Child Who Loses Their Parent to Wrongful Death?

    Some of the compensation available in a wrongful death is to compensate the surviving family member for the loss of resources they relied upon. Generally, less compensation is provided to adult children as they don't rely as heavily on the lost adult for financial support as a minor child would.

    If, as a family member of a parent who was killed at a business, you could seek damages for that parent's yearly income. Their income at the time of the killing would be calculated out for what should have been their expected working life. You are also able to seek damages for benefits, such as retirement savings or health insurance. These resources would have to have been lost due to your loved one's death.

    Economic damages in a wrongful death claim are intended to make sure the family's quality of life does not suffer because of their loved one's untimely death. Adult children and minor children's compensation are not calculated the same for compensatory damages, as adults do not rely on their parent's contribution as heavily as a minor child does.

     

    What are the Rights of Minor Children if Their Parent is Killed at a Business?

    A minor child is entitled to pain and suffering if they lose either parent in a wrongful death, even if there is a surviving parent. These types of lawsuits are painful for everyone involved.

    A wrongful death suit for a parent who has been killed at a business, or through a workplace hazard, often has attorneys using heartbreaking videos and pictures to build a case of how the loss is going to affect the child. A strategy of this type generally results in the child receiving greater pain and suffering damage valuations.

     

    What are the Rights of Adult Children if Their Parent is Killed at a Business?

    Limitations are placed on adult children who have lost a parent in wrongful death. The claim can only be filed if the parent killed does not have a surviving spouse.

    In Florida, this law means that if your mother was killed in wrongful death, but your father has survived her, it is assumed you would still have parental companionship from him. Since you still have parental companionship, the law feels you do not require compensation for pain and suffering.

     

    Purpose of Wrongful Death Compensation

    Compensation for wrongful death is not a value judgment. When looking at the compensation for a person's death who had children versus one who did not have kids, it would seem more value is placed on the parent killed. Compensation for wrongful death is not a judgment on who the person was, but rather on what their loss means or causes to surviving family members.

     

    Where to Learn More About Wrongful Death Compensation

    Batts-Daniels Law understands Florida law and we are here for you to help you understand the laws that will make sure you get the justice you deserve. We will support you every step of the way through this very emotional time and guide you in making the best decisions for your future. We know there is no compensation possible to replace your loved one, but in Florida, you do have a 'right of action' available to you for wrongful death.

    Read More
  • 10/20/2021 0 Comments
    Hit by a Commercial Vehicle- Not Your Average Case

    A lot of businesses use a commercial vehicle for making local deliveries, for advertisement purposes, transporting staff, or one of many other reasons. Typically, if you are involved in an accident, the driver is responsible. However, if the driver of the other vehicle is performing a duty for their company in their company vehicle, the business may have to share some of that responsibility.

    • Definition of a Commercial Vehicle 
      • In the U.S. a vehicle that has been designated as 'commercial' is registered or titled to a company. It is a broad definition as commercial vehicles can also be a fleet of cars or other vehicles used by a business. 

    Who is Responsible for a Commercial Vehicle Accident?

    The driver of a vehicle is typically held responsible when they are at fault for an accident in which harm occurred. A driver of a commercial vehicle is personally responsible as well if they cause injuries whether the vehicle they were in was an 18-wheeler, a pizza delivery car, a utility van, or any other form of vehicle.

    Filing a claim against this driver will follow typical rules for car accidents under Florida law. If you've been injured by a driver of a commercial vehicle, you can file a personal injury claim to seek compensation for these damages.

    Any time you are involved in an auto accident that involves a driver of a commercial vehicle, talk to Batts-Daniels Law to learn what your legal options are.

    You may also be able to sue the company the driver works for. Under Florida law there is a 'vicarious liability' also called the 'respondeat superior.' This law allows victims of injuries sustained in an accident involving a company vehicle to sue the business the vehicle is owned by. This rule is only allowed if the driver was actively engaged in their work duties at the time of the accident.

    Being able to sue the business that owns the commercial vehicle which injured you, allows you to recover a higher level of compensation. The company or business may be able to cover more damages than a delivery truck driver or other employee using a commercial vehicle would be able to cover.

    Factors That Could Make Business Responsible for Commercial Vehicle Accident

    A factor that could make the business responsible for an accident is if they failed to keep the vehicle safe. If the driver was operating a vehicle that was malfunctioning or broken, worn down tires, or any other factor that made the vehicle a danger on the road, the business could be directly responsible.

    The business can also be directly liable for putting an unsafe vehicle on the road by hiring a negligent driver. If a driver has a history of dangerous driving or has a record of serious traffic violations, it could justify a lawsuit against the business. One factor that would raise red flags is if the driver hired has a drunk-driving history.

    What You Should do if Hit by a Commercial Vehicle

    Like a vehicle accident, being hit by a commercial vehicle is going to be difficult. There is often confusion following an auto accident, and sometimes it may be difficult to know what actions you should take. The first thing to do is make sure you are safe. Then, you should call 911.

    If your injuries are too serious to allow you to stay and gather evidence, go with the ambulance and seek the recommended medical attention. If you can gather evidence, get the license number and registration for the vehicle, take photos of the scene and get the contact information for any witnesses, the driver, and the company the driver works for.

    Who to Contact if You are Hit by a Commercial Vehicle

    After a crash with a commercial vehicle, you may be able to file claims against multiple parties. To ensure you get the compensation you deserve, call Batts-Daniels Law and learn what your options are for recovering from your injuries. We are ready to make sure you receive the best outcome for past and future medical bills, loss of earnings, pain, and suffering from our aggressive representation.

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  • 10/20/2021 0 Comments
    Apartment Shootings- Rights of Residents and Guests

    A shooting can happen anywhere in today's world. These vicious occurrences can happen at the shopping mall, bar, gas stations, campuses, or any other public or private property. Florida is third in the United States for having a large number of mass shootings, but often a shooting involves one or two victims.

    The shooter is responsible for the attack, but if an attack occurs at an apartment complex, managers and property owners may also have legal responsibilities. They have the legal responsibility to provide adequate security for guests and residents, and if they have failed at this, there can be legal repercussions.

    Responsibility of Apartment Shootings

    It is common for a lawsuit to follow a shooting that has occurred at an apartment complex. Property owners have a 'duty of care' under Florida law. If you have been a victim of a shooting, or someone you love has experienced this terrible event, you may have a claim against the property owner. If a property owner in Florida has been negligent in protecting their residents and guests against potential, foreseeable dangers of a shooting, they can be held responsible.

    Determining a Foreseeable Crime

    There are several factors taken into consideration in determining a foreseeable crime:

    • The crime rate in the location of the apartment complex
    • If there have been similar crimes on the property or in similar types of property
    • If the shooter had posed a known threat

    Who Can File Death Lawsuit in Shooting Event

    Not everyone is allowed under the law to file a death lawsuit after a shooting. These are those who can:

    • The spouse of the victim
    • The victim's children under the age of 25
    • If the victim does not have a spouse, their children over the age of 25
    • If there are neither children nor a spouse of the victim, the surviving parents can file a lawsuit
    • Blood relatives who are financially dependent on the victim

    Premise Liability in Florida

    Premises liability in Florida allows for managers and property owners to be held responsible for crimes and injuries such as a shooting that happens on their property due to negligent security or unsafe conditions.

    Florida law states property owners have a 'duty of care' to customers, residents, and guests to maintain a property that is safe, and hazard-free, of conditions that would encourage crime.

    The 'duty of care' is, however, limited. A property owner is not required to warn visitors if a hazard is obvious, and they are not expected to protect residents and guests about unforeseeable risks. An example would be that a property owner cannot protect residents and guests from an earthquake, and they cannot plan and foresee all types of crime.

    There are certain elements, when met, where a property owner can be held responsible. If you have been involved in a shooting at an apartment complex, contact Batts-Daniels Law to learn if your case qualifies under premises liability. 

    When is a Property Owner Responsible for a Shooting?

    Premises liability is difficult to take to court, but there are situations where a property owner can be held legally responsible for a shooting by a third party. Most cases involve negligence to provide adequate security. These are the other situations that would have to be proved to file a premises liability case:

    • The apartment complex owner could foresee a shooting or violent crime was possible and did not provide adequate security
    • The premises owner owed a 'duty of care' to the victim
    • The breach of 'duty of care' led to an injury
    • The victim suffered damages in the shooting

    Who to Contact if Involved in an Apartment Shooting

    Batts-Daniels Law has over 45 years of combined legal experience and fights aggressively to protect your rights and ensure you receive the compensation you deserve. We have helped victims who have suffered from shooting at apartment complexes, convenience stores, gas stations, and more. If you have been a shooting victim, contact our office and learn how we can help you.

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Jacksonville Office:

 1301 Riverplace Blvd., Suite 800
Jacksonville, FL 32207

Orlando Office:

 4700 Millenia Blvd., Ste. 175
Orlando, FL 32839

(407) 410-3005

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