The Week of March 11th-18th in Review: Malpractice, Liability, Negligent Security
During the week of March 11th-18th on the Shaked Law Firm Blog we covered several important topics ranging from malpractice to nursing home abuse and neglect, to negligent security and liability. These topics are important because they can touch any of our lives at any time. We went in-depth about both malpractice and negligent security in a series of articles on both subjects.
On March 15th the state of Florida and the rest of the country bared witness to the tragic FIU bridge collapse, which we also touched on with great care and sensitivity here on the blog. Our hearts are with the victims of this catastrophe and their families.
Malpractice: misdiagnosis is often the cause of unnecessary fatalities
This week we highlighted “misdiagnosis” in medical malpractice cases:
Misdiagnosis is often the cause of avoidable injury and fatalities if caught and rectified early in the patient’s care. However, if not caught and the correct illness isn’t diagnosed and treated in a timely manner, the patient is at a serious risk for becoming incurable and ultimately, they can die.
And what’s required for a successful medical malpractice claim:
- A provider-patient relationship must have existed
- Negligence on the doctor’s part
- Did the doctor cause the injury?
- The injury caused irreparable harm or damage to the patient
Negligent security: what is it, who’s liable?
We went in-depth about negligent security, what it is, prevention measures, and who’s at fault when they’re not put in place to protect the public.
As a refresher, the definition of negligent security is as follows: “It is the basis by which an individual injured by a third party tries to hold liable the owner or tenant of the property where a criminal injury is inflicted.”
Measures for protecting the public and avoiding a negligent security lawsuit included:
- Security cameras
- Adequate lighting around the property
- Guard gates; guardhouses with 24-hour personnel at an apartment complex or townhome development
- PIN numbers to access the premises to keep out ne’er-do-wells and prevent trespassing
- Armed security or law enforcement officers at places known for high crime rates and multiple incidents of violence
Nursing home abuse and neglect, protecting loved ones from injury and death
Another topic we thoroughly investigated was nursing home abuse and neglect. We looked at some obvious but no less shocking signs of neglect, which included:The patient is incorrectly positioned in their bed
- The patient’s call button is repeatedly ignored
- Lack of assistance in eating or drinking
- Lack of hygiene or very poor hygiene seen in patients who cannot bathe or shower themselves, leading to bedsores and infections
- The healthcare worker does not employ proper handwashing technique
- Refusal to assist the patient with walking
- forcing the patient to use a wheelchair when it is not necessary
Failure to provide food and water for the patient, leading to prolonged malnutrition and dehydration which can and often does result in death
We also established the differences between “abuse” and “neglect” and highlighted those for a deeper understanding of the crime being committed.
The definitions differ in that abuse is harm or injurious behavior inflicted intentionally with the intention to damage or maim, while neglect is the indifference or carelessness of a healthcare provider in the nursing home setting. This distinct difference is also known as a dereliction of duty, or in medical terms, what is defined as “abandonment”, where harm was not intentionally inflicted, but resulted due to the carelessness or disregard of the employee assigned to care for the patient.
When it came to nursing home abuse, we delved into what constitutes abuse in the healthcare setting and explained the signs one should look for if a loved one is in a nursing facility:
- Unusual bruises
- Open wounds or bed sores
- Cuts or scrapes that can’t be explained
- Soiled clothing and/or poor hygiene
- Frequent infections
- Torn or stained clothing
FIU bridge collapse tragedy, liability, and continued thoughts and prayers for those affected
When the FIU Pedestrian Bridge unexpectedly came crashing down on March 15, 2018 claiming six lives and injuring countless others, Shaked Law Firm covered the tragedy here on the blog as the horrific details unfolded.
We learned the bridge once dubbed an “engineering feat” may have been rushed, had structural problems that were neglected in favor of speeding the building process for a 2019 completion date, and that similar bridges in places like Maryland and Washington D.C. employing the “ABC” (Accelerated Bridge Construction) building method had successful outcomes, while the FIU Pedestrian Bridge did not.
Shaked Law Firm puts clients first
While no family wants to think about a lawsuit amidst the early days of tragedy be it the loss of a loved one to due to nursing home abuse or neglect, a shooting due to negligent security that put the public at risk, or medical malpractice at the hands of a doctor who provided substandard care, it’s of utmost importance to obtain legal counsel that can act quickly on your behalf.
In the case of critical injuries such in cases such as victims of the FIU bridge collapse, compensation can help ease the financial burden of the medical debt that is so often the unfair consequence of an accident of this magnitude, or in the case of unexpected death, massive funeral expenses heaped upon distraught families.
Retaining counsel as quickly as possible helps to ensure that victims and families are treated justly in dark times. Shaked Law Firm is the top personal injury law firm in Florida because we make people the priority.
Our attorneys have the legal experience and litigation skills necessary to obtain the compensation you deserve as the injured victim or family member of someone who died as a result of someone else’s negligent actions.
Tragedies like nursing home abuse, accidental shootings, and most recently the FIU bridge collapse are avoidable when human life and public safety come first, but when negligent health providers, business owners, builders and lawmakers fail in their duty to the people, Shaked Law Firm is on your side.