Florida

July 27, 2012

Nurse Found Negligent in Fatal Latex Allergy Case :: Whittel & Melton

by Whittel & Melton, LLC

A jury recently awarded a surviving husband $4 million in a wrongful death suit as a result of a nurse’s error that eventually claimed the life of his 29-year-old wife.

The man’s wife went in for a hysterectomy, but medical professionals failed to recognize the woman had a latex allergy. After surgery, the woman expressed that she was itchy, felt nauseous and had blisters on her lips. She was provided Benadryl for the itchiness and the nausea was attributed to the anesthesia.

A day later, the woman was placed on a ventilator and moved to the intensive care unit. She died just four days after surgery.

The hospital’s allergy policy requires that every patient’s allergies be documented prior to admission. Listed allergies are supposed to be recorded in case they can be linked to any unknown allergies that could result in complications. The woman noted that she had an allergy to chestnuts, which can be a sign of sensitivity to latex. According to the hospital’s policies, this information should have been recorded on her chart and been displayed in her hospital room.

However, the nurse that evaluated the woman was unaware of the hospital’s procedures. Her death was found to be caused by the use of latex in her surgical procedure and subsequent treatments eventually leading to anaphylactic shock.

While the jury did not find the surgeon negligent, they did hold the hospital accountable for the nurse’s negligence.

The jury awarded $516,000 to the wrongful death beneficiaries and $4,175,000 to the woman’s estate.

When it comes to medical malpractice, people generally think of mistakes made by doctors. However, nurses also play a serious part in the treatment of patients. A nurse’s error or wrongdoing can be just as harmful as a mistake made by a doctor or surgeon.

A nurse can be found negligent for a variety of reasons, including:

 Documentation errors
 Failing to monitor a patient properly
 Medication overdose or error
 Failing to call or notify a doctor of a patient’s condition in a timely fashion
 Not properly recording a change in a patient’s condition
 Incorrect use of a medical device
 Failing to attain informed consent

July 20, 2012

Tractor-Trailer Runs Over Live Oak Man’s Legs

by Whittel & Melton, LLC

A north Florida man was seriously injured late Friday when a tractor-trailer making a left hand turn ran over his legs.

According to the Florida Highway Patrol, the man was sitting on the shoulder of a Suwannee County road when the semitrailer’s left rear tires ran over his legs.

The man was airlifted to a Gainesville hospital with serious injuries.

As of now, no charges have been filed.

Being hit or run over by a moving vehicle can result in serious injuries that have the ability to change your life forever. When a truck driver runs over a pedestrian, it is usually because they were speeding, intoxicated, distracted or fatigued. The Florida Injury Lawyers at Whittel & Melton can thoroughly investigate the issues surrounding a run over accident. We have accident reconstructionists available to determine the exact cause of the accident as well as medical experts who can fully assess the cost of medical damages and expenses as well testify regarding pain and suffering. The amount of compensation you may be awarded depends on specific facts about the case, such as the severity of injuries, how the injuries have affected the victim’s life and how they will affect them in the future and the parties legally responsible for the accident.

When a pedestrian is struck by a commercial truck, several parties may be to blame for damages. Compensation for injuries or losses may include:

• Medical costs and rehabilitation
• Lost wages
• Future earnings
• Pain and suffering
• Emotional distress
• Disability and disfigurement
• Loss of enjoyment of life
No one expects to become the victim of a truck accident. When these unfortunate accidents do occur, you can feel confident in knowing that the Florida Personal Injury Lawyers at Whittel & Melton will do everything in our power to answer your questions, explain your rights and protect your future and the future of your family member’s. Before speaking with an insurance adjuster regarding your injuries or losses, it is important to first contact Whittel & Melton. While insurance companies may present what seems like a fair settlement offer, they do not have your best interests at heart.

June 27, 2012

Florida Personal Injury Lawyers Whittel & Melton on Grilling Safely this Fourth of July

by Whittel & Melton, LLC

For many Americans, the Fourth of July holiday means grabbing friends and family members and barbecuing on the grill. While cooking out is essentially a rite of summer, most people fail to realize the budding dangers for serious burns and other injuries right in your back yard.
According to the National Fire Protection Association, from 2005 to 2009, fire departments across the United States responded to around 8,200 home fires per year that involved grills, hibachis or barbecues. Annually, these fires cause an estimated $75 million in property damage and injure 120 people. In addition, 15 deaths are reported every year as a result of home and grill fires.

Since June and July are considered the peak months for grilling fires, it is important to discuss how you can keep you and your loved ones safe this summer. The most important thing to remember is to keep your grill away from your house or garage as it could cause these structures to ignite. While it is convenient to grill on your deck or patio, it is not a good idea. Make sure your grill is at least 10 feet away from your home in order to reduce the possibility of setting any structures on fire as well as prevent carbon monoxide from building up in a confined area. Always keep children and pets away from the grill area and never leave the grill unattended.

It is a great idea to make sure your grill is in good shape before cranking up the heat. Whether you are using a gas or charcoal grill, follow these safety tips to execute a memorable barbeque this Fourth of July.

Charcoal Grills

• Get the charcoal ready for use. You can use charcoal chimney starters to start the charcoal using newspaper for fuel. You can also use a starter fluid, but make sure it is specifically charcoal starter fluid. Electrical charcoal starters can also be used, and these do not use fire at all. Just make sure you have an extension cord appropriate for outdoor use.

• Do not add charcoal fluid or any other flammable liquids to the fire once it has been lit.

• Make sure charcoal fluid stays out of the hands of children and away from any heat sources
• After you are done grilling, let the coals cool completely. Once this is done, the charcoal can be disposed of in a metal container.

Propane Grills

• Check the hoses and connections between the grill and propane tank before using it.

• Never use a match to check for leaks.

• A propane leak will release bubbles – running water over a hose will show these bubbles if there is a leak.

• If your grill has a leak, turn off the gas tank and grill. If the leak stops, make sure to get the grill serviced by a professional before using it again. If the leak does not stop, call your local fire department immediately.

• Should you start to smell gas while cooking, get everyone away from the grill right away and call the fire department. Do not attempt to move the grill.

As always, the Florida Personal Injury Lawyers at Whittel & Melton remind you and your loved ones to exercise safety first and enjoy your Fourth of July. Should the worst happen, we are equipped to handle cases involving fires, burns or other catastrophic injuries.

June 19, 2012

Federal Authorities Shut Down 26 Curbside Bus Companies Due to Safety Violations :: Whittel & Melton

by Whittel & Melton, LLC

U.S. transportation safety regulators shut down 26 bus companies last month operating curbside bus routes primarily on the I-95 corridor, Florida and the East Coast for alleged safety violations.

This action is the result of a larger investigation into crashes in New York and New Jersey last year that killed 17 people.

Officials claim U.S. Transportation Department truck and bus regulators served shutdown notices to three companies and their affiliates – Apex Bus, Inc., I-95 Coach, Inc. and New Century Travel, Inc.

All other operators that received citations were apparently associated with one of the three companies.

Regulators cited multiple safety violations, including drivers without a valid commercial license and vehicles not regularly inspected or repaired.

The bus companies transported passengers along Interstate 95 from New York to Florida.

Despite previous orders to stop service, several operators were still in business and three other companies were attempting to apply for operating authority.

While the commercial bus industry maintains a good safety record, federal accident investigators have apparently been pushing the Transportation Department to toughen up.

The crackdown started as a result of an investigation into curbside bus services to East Coast cities from New York’s Chinatown last year. The investigation by local authorities stemmed from several fatal crashes occurring in the Bronx last year that killed 15 people and on the New Jersey Turnpike that killed two others.

Congress is apparently contemplating legislation that would provide U.S. safety officials with more authority and tools needed to regulate commercial bus operators.

Public transportation accidents happen every day, often resulting in serious personal injuries and even wrongful death. If you or someone you love was injured in a bus accident, it is important to understand your legal rights. You may be able to pursue compensation against the transportation provider for past and future medical expenses, pain and suffering, disability, disfigurement, lost wages and other expenses.

There are numerous organizations that can own and operate buses for public transportation, including government entities and school districts. Often bus companies and agencies have their own experts and attorneys that handle any mass transit accidents. However, these transit companies will often try and limit their responsibility for any damages you suffered whenever possible. The Florida Bus Accident Injury Attorneys at Whittel & Melton can guide you and your loved ones through the legal process required for you to recover complete compensation. We can make sure your rights are protected and that you are treated with the respect you deserve. Before you speak with an insurance or bus company representative, make sure to speak with the Florida Bus Accident Injury Lawyers at Whittel & Melton first.

June 15, 2012

CDC Statistics Show Helmet Laws Reduce the Number of Motorcycle Accident Deaths :: Whittel & Melton

by Whittel & Melton, LLC

According to a new federal study released Thursday, fewer motorcyclists are killed in states that have helmet laws.

The Centers for Disease Control and Prevention performed a study that found nearly five times as many no-helmet motorcycle deaths occur in states that have less restrictive laws.

Researchers with the CDC looked at a government tally of fatal traffic crashes, focusing on the counted 14,283 motorcycle deaths from 2008 through 2010.

This number included 6,057 bikers not wearing a helmet. Research shows about 12 percent of those deaths occurred in the 20 states that require everyone on a motorcycle to wear helmets.

Not only do helmet laws save lives, they lower the costs to society as well, according to the CDC.

The CDC Director claims that more than $3 billion in economic costs were saved in 2010 due to helmet use. If all bikers would wear helmets, another 1.4 billion could have been saved.

More money is apparently saved per registered bike in states that require helmets than in states with fewer restrictions, $725 versus $200, CDC researchers estimated. During the time the study was conducted, three states – Illinois, Iowa and New Hampshire – had no helmet laws in place and another 27 states only required helmet laws for teen bikers or other particular riders.

A total of 20 states had universal helmet laws set in place for bikers.

Motorcycle riders have argued that it should be their choice whether or not to wear a helmet, claiming only a small percentage of motor vehicle accidents involve motorcycles.

While motorcycles account for about 3 percent of the registered vehicles on the road, 14 percent of the people killed in traffic accidents are bikers, according to the CDC.

The state of Florida has a partial helmet law, mandating bikers under the age of 21 wear a helmet, while bikers over the age of 21 are not required to wear a helmet with proof of a medical insurance policy. Wearing a helmet can reduce the risks of serious injuries and save lives. While biking provides riders with a sense of freedom, it is important to understand that motorcycles are inherently dangerous, thus requiring the use of proper safety equipment.

The CDC encourages bikers to be responsible on the road and follow these safety guidelines:

• Always wear a helmet.

• Wear protective clothing that can provide some level of protection from injuries.

• Never operate a motorcycle after consuming alcohol.

• Do not partake in reckless driving or tailgating.

• Maintain a safe speed and always exercise caution when traveling over gravel or slippery surfaces.

The Florida Motorcycle Injury Lawyers at Whittel & Melton assist motorcycle injury victims and the families of those who have lost a loved one due to the negligence of other motorists throughout the state of Florida. We help bikers that were injured while wearing or not wearing helmets. Unfortunately, many insurance companies try and blame helmetless riders for injuries sustained in motorcycle accidents even when it is clear that another driver’s negligence caused the accident. At Whittel & Melton, we understand that every accident has its own set of unique circumstances. We can deal with the insurance coverage issues specific to your case and guide you through the legal process of bringing a motorcycle injury or wrongful death case.

April 23, 2012

Florida Nursing Home Abuse Lawyers :: Nursing Home Assistant Accused of Holding Pillow over Elderly Patient’s Face

by Whittel & Melton, LLC

A 53-year-old nurse’s assistant at a nursing home in St. Johns County was arrested April 13 and charged with elderly abuse after he apparently held a pillow over the face of an 81-year-old female patient.

A co-worker allegedly overheard the woman screaming outside the room at 2:30 a.m. After opening the door to assist with the problem, the co-worker apparently witnessed the accused holding a pillow over the face of the victim.

The co-worker claims the accused threw the pillow at the headboard after being spotted.

The incident was reported to a nursing supervisor who then contacted police.

The accused was booked into the St. Johns County Jail in lieu of $5,000 bond.

Retirement homes, nursing homes and other long-term care facilities have a duty to provide for the physical and medical care of their residents. This includes protecting residents from unnecessary harm. When these facilities and their staff fail to provide a proper standard of care, injury, serious illness and death can occur.

Nursing home abuse can come in many different forms, from intentional physical abuse to careless treatment leading to broken bones, bedsores and unexplained bruises, burns and cuts. Elderly mistreatment may also encompass the following:

• Physical or Sexual Assaults by Staff
• Medication Errors
• Failure to Follow Proper Treatment Plans
• Lack of Proper Supervision Leading to Slips, Trips or Falls
• Dehydration and Malnutrition

The Florida Nursing Home Abuse Lawyers at Whittel & Melton encourage everyone to keep a close watch on the seniors in their life. Unfortunately, this includes watching for signs of abuse at long-term care facilities as well as among the elderly that reside at home under someone else’s care. If any problems are identified, the top priority should be to remove the senior from the unsafe settings. Following this, all legal options should be taken into account so that the senior can recover for the suffering they experienced.

April 19, 2012

Orlando Theme Park Injury Lawyers Whittel & Melton :: International Drive Go-Kart Track Closed after Girl’s Leg Slashed

by Whittel & Melton, LLC

State inspectors Wednesday were looking into an International Drive go-kart attraction that apparently sent an 11-year-old girl and a man to hospitals.

The chief of the Florida Bureau of Fair Rides Inspection claims the collision impact, which happened around 7:45 p.m. Tuesday, caused a corner of the track to fall a few inches.

The attraction will remain closed until the investigation is complete.

The girl’s leg was cut and the man was complaining of chest pains. As of Wednesday, the conditions of the two were not available.

The Florida state bureau last inspected the attraction in December. They allegedly discovered one cart with a cracked framed and another with a faulty gas cap. The damages were apparently repaired.

The attraction was the site that killed a maintenance worker last July.

A 30-year-old man fell while working on the ride, which according to the website swings patrons 230 feet above the ground and rotates them 360 degrees at about 50 mph.

Florida residents and tourists flock to the many roller coasters, thrill rides and attractions that Florida’s numerous theme parks boast. While these attractions can provide limitless hours of entertainment, they also can be the cause of unnecessary tragedies. Go-karts pose numerous threats and dangerous, including:

• Exposed Gas Tanks
• Lack of Protection for the Arms, Head and Legs
• Uncovered Engines
• Exposed Machinery

Whether you suffered whiplash injuries on a ride or were the victim of another rider’s negligence, the Orlando Theme Park Injury Lawyers at Whittel & Melton can help you seek maximum compensation for your injuries. Amusement park owners, managers, manufacturers and insurance companies will vigorously attempt to dodge liability and will often try and limit the amount they pay you for your injuries. At Whittel & Melton, we can build a solid case in your favor by gathering evidence, speaking with witnesses and consulting with experts.

It’s important to realize that your window of opportunity to report an amusement park injury may be narrow. There is little time to mull over what you should do. By contacting a personal injury law firm immediately, you can get educated about your rights and begin pursuing compensation from any obtainable sources.

April 11, 2012

South Florida Burn Injury Lawyers Whittel & Melton :: Possible Acid Bomb Left inside Mailbox Injures Woman

by Whittel & Melton, LLC

A Davie, Florida woman is recovering from a burn injury after reaching her hand inside a mailbox where police believe an acid bomb exploded.

Police responded to a residence around 9 a.m. and treated the woman for a minor injury.

The woman told police she heard a loud noise Tuesday night, but did not link the sound to the hanging mailbox door she found Wednesday morning.

Inside the mailbox, police found the shredded remains of mail and a plastic water bottle.

Bomb squad specialists responded to the scene to handle the mailbox’s contents. As of late Wednesday, they were still unidentifiable.

It is suspected that household items were combined to make an acid-based substance, which can cause enough pressure to make a bottle explode.

The physical pain associated with a burn injury can be agony. Burn injuries can result in a lifetime of limited mobility and medical care needs, including skin graft operations and daily medication to control chronic pain. Depending on the substance involved, even minor burns can cause localized or systemic damage to the nervous, immune or endocrine system. Whether your burn injury was the result of a defective product, an explosion or even chemical exposures, the sooner an attorney can conduct an investigation and look out for your interests, the better.

Burn injuries resulting from fires, electricity, acid and exposure to toxic substances may cause scarring that requires plastic or reconstructive surgery. The Florida Burn Injury Lawyers at Whittel & Melton have the resources and access to medical experts to correctly evaluate the full lifetime cost of your injury. We are trial lawyers. This means we are prepared to zealously pursue maximum recovery in a lawsuit against any responsible parties.

March 19, 2012

Florida Aggressive Driving & Wrongful Death Lawyers Whittel & Melton :: Road Rage Shooting Leaves Jacksonville Man Dead

by Whittel & Melton, LLC

A road-rage shooting taking place Friday evening resulted in the death of a 33-year-old man and the arrest of a 30-year-old Gainesville man.

The incident apparently started just before 3 p.m., and it appears the drivers pulled into the parking lot of a restaurant to settle the dispute.

The Gainesville man was charged with manslaughter and discharging a firearm in public from a vehicle within 1,000 feet of any person.

According to a police report, the deceased attempted to flee the scene after the gunfire and crashed into a home about a block away from the restaurant.

A child was riding in the back seat of the victim’s car during the incident and survived the shooting and subsequent crash.

The accused apparently called 911 after driving away from the scene.

Most people have experienced some form of frustration while driving at some point. Unfortunately for some, this frustration can quickly escalate into road rage, resulting in reckless, unsafe driving. Road rage happens to be a top cause of automobile accidents, and for drivers, bikers and pedestrians caught near an aggressive driver, these accidents can be deadly.

When drivers experience anger or frustration when driving, this can keep them from making safe, intelligent driving decisions, which in turn jeopardizes the safety of other motorists and passengers. Some of the dangerous signs of road rage can include:

• Tapping or bumping other vehicles, also known as tailgating
• Using excessive speeds
• Obscene gestures
• Physical threats and/or attacks
• Abruptly starting and stopping
• Throwing object at other vehicles
• Deliberately destroying other cars or property
If someone you love was killed as the result of a reckless or aggressive motorist’s actions, your family may seek monetary damages from the negligent party. The Florida Aggressive Driving Lawyers at Whittel & Melton understand that coping with a loss of a loved one can be difficult, especially when another person’s hostile behavior is to blame. While compensation cannot bring your loved one back following an accident caused by a driver experiencing road rage, it can help deter the driver from acting with intentional force in the future.

March 8, 2012

Florida Trucking & Tractor-Trailer Accident Attorneys Whittel & Melton :: Man Killed After Semi Collides into Motorcycle, Causing Three Separate Crashes

by Whittel & Melton, LLC

A tractor-trailer slammed into a motorcycle on U.S. Highway 27 in Polk County this week, resulting in the death of one person and causing a chain reaction of crashes.

In total, three separate crashes involving nine vehicles occurred in the Lake Wales area.

According to a Polk County Sheriff’s Office spokeswoman, the semi was traveling south when it drifted into the northbound lanes around 5:30 a.m. apparently due to poor visibility.

The tractor-trailer smashed into a motorcycle and a Ford Expedition. The 47-year-old motorcyclist was pronounced dead at the scene. The driver of the Expedition was transported to Lakeland Regional Medical Center in critical condition.

A second crash occurred in a northbound lane just south of the first involving a Chrysler minivan, a Toyota RAV-4, a Dodge Charger and a Ford pickup truck. All occupants of the vehicles were taken to hospitals. Their injuries were not considered serious.

No one was apparently injured in a third crash that occurred in the southbound lanes, involving a Mitsubishi car and a Ford Taurus.

Authorities claim the poor visibility that caused the stream of collisions was the result of fog or smoke from a controlled burn about 1.5 miles away.

The series of collisions remain under investigation.

Every year across the United States more than 5,000 motorists die in large truck collisions, including collisions with tractor-trailers and semis. The aftermath of an accident involving a semi-truck can be disastrous, often leaving survivors of the crash with serious injuries that could take weeks, months or even years to recover from. The Florida Semi Truck Accident Lawyers at Whittel & Melton provide victims of big-rig accidents the legal representation they need to recover damages. We also offer representation to families who have unexpectedly and tragically lost their loved ones in a fatal tractor-trailer accident.

A semi-truck can weight approximately 80,000 pounds, and sustaining this type of impact can leave motorists and their passengers suffering from catastrophic injuries. Catastrophic injuries are life-threatening injuries that can leave a victim with an altered physical appearance, mental disabilities and physical impairments. In fact, some catastrophic injuries may never fully heal.
Many catastrophic injuries lead to wrongful death. Catastrophic injuries include:

• Traumatic Brain Injuries
• Neurological Disorders
• Burn Injuries
• Neck Injuries
• Amputation
• Head Injuries
• Spinal Cord Injuries
• Paralysis

Tractor-trailer accident victims can suffer from numerous injuries, including more minor injuries such as:

• Whiplash
• Broken Bones
• Sprains and Strains
• Cuts and Scrapes
• Deep Gashes

One of the most important things you can do after a Florida truck accident is to protect yourself and your loved ones from any further damage. This includes contacting a truck accident attorney to guide you through the legal process. While this may seem overwhelming, the Florida Semi Truck Accident Lawyers at Whittel & Melton can make sure you and your family receives the money needed for medical expenses, pain and suffering, lost earnings, emotional suffering and other damages.