injury lawyer Fort Myers

Medical Malpractice Damage Caps May Soon Be Eliminated

December 12, 2016 | Associates and Bruce L. Scheiner

There are now two Florida appellate courts – including the one that oversees courts in Fort Myers – that have ruled in favor of eliminating medical malpractice damage caps of non-economic damages in personal injury lawsuits. That means we could be very close to seeing the elimination of damage caps in all medical malpractice lawsuits in the state. The most recent ruling was handed down by Florida’s 2nd District Court of Appeal in Port Charlotte HMA v. Suarez.

The Florida Supreme Court was already considering an earlier ruling to this same effect made by Florida’s 4th District Court of Appeal in North Broward Hospital v. Kalitan. Both rulings cite precedent set by the Florida’s Supreme Court’s 2014 opinion in McCall v. U.S., which struck down medical malpractice damage caps in wrongful death cases, finding them unconstitutional. But McCall, which invoked the constitutional right to equal protection, applied only to those cases in which the patient had died. Surviving patients are still subject to damage caps, which were approved by then-Gov. Jeb Bush, who sided with lawmakers citing a “medical malpractice crisis.” It was asserted such caps were needed to stem the tide of doctors fleeing the state due to hefty medical malpractice payouts. The state supreme court conducted its own analysis and found these and other claims upon which the law was enacted were simply untrue (the number of doctors in Florida was actually increasing during this time and there was no evidence of frivolous lawsuits or excessive verdicts).

Other states, including Illinois and New Hampshire, have previously struck down damage caps in medical malpractice lawsuits. Continue reading ›

Minnegren v. Nozar – Proving Breach of Duty of Care in Crash Case

November 13, 2016 | Associates and Bruce L. Scheiner

One would assume that proving someone caused a crash would be sufficient to establish liability to compel them to pay for it. As the case of Minnegren v. Nozar shows, though, that’s not always true.

The driver in this case admitted his error in judgment resulted in a crash that caused plaintiff’s injuries. Open-and-shut liability then, right? But the question became whether he breached his duty of care. The appeals court held that when there is evidence a driver used at least some care, there can be a finding that he may have acted reasonably – and therefore did not breach duty of care – even if his actions ultimately led to a car accident.

These kinds of legal gymnastics show you that there are some really good defense attorneys working in personal injury law – which means you can’t take your chances with a mediocre lawyer to represent your interests. At Associates and Bruce L. Scheiner, Attorneys for the Injured, our experienced traffic accident attorneys are committed to making sure our clients’ rights are protected and that they have the best possible chance at a successful claim for compensation. At the end of the day, those injured in a collision caused by another driver shouldn’t have to be responsible for burdening costs associated with recovery, lost wages or ongoing care. Continue reading ›

Foster-Naser v. Aurora County – Road Sign Maintenance

February 26, 2016 | Associates and Bruce L. Scheiner

Roadway signs are the means by which drivers learn the rules, warnings, guidance and other information necessary to safely navigate their route. Erection and maintenance of roadway signs are the responsibility of whoever owns that street, whether it’s a local township, county, city or state.

There are sometimes contracts between these entities wherein the owner of the road will sign over certain rights in exchange for maintenance duties. According to the Federal Highway Administration, signs are only effective if you can clearly see them. That’s why it’s imperative to:

Clean them;
Implement vegetation control;
Protect them from theft;
Make sure they are properly supported and adjusted.

These are all reasonable steps that governments can take to ensure the signs are visible and drivers can safely navigate. But what if a government agency doesn’t take reasonable measures? If it results in a driver being involved in an injurious crash he or she likely would have otherwise avoided, it’s plausible there are grounds for personal injury litigation. Continue reading ›

Uber Sued for Misrepresenting Driver Safety to Public

August 31, 2015 | Associates and Bruce L. Scheiner

Ride-sharing company Uber, which has usurped local taxi providers in larger cities, has an estimated 160,000 drivers in the U.S. The service promises its users that it conducts thorough background checks of these drivers so that patrons can be as safe as possible.

Now, in an amended complaint that is part of a civil lawsuit filed by two district attorneys offices in California, there is new evidence to refute such assertions by the company.

The lawsuits, filed by district attorneys in San Francisco and Los Angeles, say the background checks conducted by Uber in those two cities failed to uncover serious criminal records of 25 drivers, just in those two cities. Offenses of these drivers range from felony traffic convictions to sex offenses to murder. With this information, the lawsuit focuses primarily on reportedly misleading claims made to consumers, as opposed to any legal violation in Uber’s background check process. Continue reading ›