mercredi 30 juin 2010

About Florida Mesothelioma

A cancer caused by asbestos, mesothelioma affects many industrial and construction workers, as well as teachers and members of the army or navy, exposed to asbestos during the course of their jobs. Mesothelioma may take 10 to 50 years to manifest due to the nature of these cancer cells. Symptoms of mesothelioma are similar to many other illnesses and include—

  • Shortness of breath
  • Weight loss
  • Pain in the chest
  • Abdominal pain
  • Abdominal swelling
  • Anemia
  • Bowel obstruction
  • Abnormal blood clotting
  • Fever
  • Neck and face swelling

It is extremely important to consult a physician as soon as possible if you believe you may have been exposed to asbestos and are experiencing any of the above symptoms. A knowledgeable doctor can help determine treatment options based on the cancer's age and location, your health, and your age.

The Facts

While statistics on the dangers of asbestos and mesothelioma's grim nature may seem harsh, they greatly raise awareness about asbestos' widespread presence and negative effects. They are catalysts for change, increasing a victim's likelihood of receiving a favorable court outcome should you choose to sue those responsible for your asbestos exposure.

Some of the terrifying statistics about mesothelioma include the following:

  • More than 7,500 Americans died from mesothelioma between 1999 and 2001.*
  • Most mesothelioma victims die within 18 months of learning of their cancer because mesothelioma is often thought not diagnosed until it has reached an advanced stage.*
  • The estimated death rate for mesothelioma victims is approximately 344 times higher than the general population.*
  • The average age of people diagnosed with mesothelioma is between 50 and 70. The rate of diagnosed patients between the ages of 30 and 40 has increased in recent years.*
  • The shipbuilding and ship repair industries have the highest mesothelioma mortality rates, followed closely by the industrial chemical industry and the construction industry.*
  • 85% of mesothelioma deaths are male.*

Hiring a Qualified Mesothelioma Lawyer in Florida

Treating mesothelioma takes a high emotional and financial toll—and is not an experience you and your family should go through alone. The Florida mesothelioma cancer lawyers of Levin, Papantonio, Thomas, Mitchell, Echsner & Proctor, P.A. have helped thousands of asbestos victims seek compensation from their former employers. Our litigation skills, extensive experience, and passion for justice are unsurpassed by other Florida mesothelioma law firms.

More on Mesothelioma

Additional information on the types and origins of mesothelioma is available at http://www.mesothelioma-asbestos-lawsuit.com/, a comprehensive Florida mesothelioma law website run by Levin Papantonio. See also Malignant Pleural Mesothelioma: A Comprehensive Review, published by Cancer Control in 2006, Mesothelioma, published by Winston W. Tan, MD, of Mayo Medical School, and Age and Sex Differences in Malignant Mesothelioma After Residential Exposure to Blue Asbestos, published by The American College of Chest Physicians. Visit our resources page for links to news articles, clinical trials, support organizations and agencies, and hospitals and research facilities assisting patients with mesothelioma cancer in Florida.


lundi 28 juin 2010

Mesothelioma & Asbestos Exposure Information
Florida, (FL) - Florida Mesothelioma Attorney


Mesothelioma is a form of cancer that is almost always caused by previous exposure to asbestos. In this disease, malignant cells develop in the mesothelium, a protective lining that covers most of the body's internal organs. Its most common site is the pleura (outer lining of the lungs and chest cavity), but it may also occur in the peritoneum (the lining of the abdominal cavity) or the pericardium (a sac that surrounds the heart).

Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or have been exposed to asbestos dust and fiber in other ways, such as by washing the clothes of a family member who worked with asbestos, or by home renovation using asbestos cement products. Unlike lung cancer, there is no association between mesothelioma and smoking. If you, or a family member, have been diagnosed with mesothelioma, one of the most important steps you can make is to contact medical professionals who are trained in and experienced with the latest mesothelioma treatments. While there is currently no known cure for mesothelioma, medical researchers and scientists around the country are working with patients through clinical trials to develop innovative and improved treatme

Asbestos & Mesothelioma – The Facts

The American Lung Association has been raising awareness about Mesothelioma for years, but, unfortunately, many people each year still develop this form of cancer from exposure to asbestos. In many cases, older homes, schools, and workplaces contain asbestos and in some cases, this carcinogenic material can result in serious illness. Being aware of the risks can help everyone stay safer, according to The American Lung Association.

It is important to understand what asbestos and Mesothelioma are in order to reduce risks of exposure. Mesothelioma is a form of cancer that affects the cells that line various organs. Mesothelioma is rare and usually attacks the mesothelium, or the cells that line the lungs, although it can also affect the lining of the heart or abdominal organs. The most common form of this cancer is known as Pleural Mesothelioma. In Pleural Mesothelioma, malignant tumours grow on the sac that protects and lines the lungs.

Whichever organs Mesothelioma attacks, the cancer is usually caused by exposure to a substance known as asbestos. Asbestos is a fibrous mineral that was once very popular as a building material, as the substance is resistant to frame. Builders and those manufacturing the product saw asbestos as a way to make buildings safer from fire, but subsequent research revealed that the material is highly carcinogenic. Even exposure to just a small amount of asbestos or exposure for just a few weeks greatly increases the risk for Mesothelioma.

Asbestos Removal Comes Into Question in Marco Island, Florida

Sgt. D.A. White of the Economic Crimes Unit of the sheriff's office has reported that an investigation has been launched by the Collier County Sheriff's Office and the FBI. The investigation aims to answer questions about asbestos removal on Marco Island. City Manager Bill Moss was informed of the investigation this past week by letter. According to Sgt. White, investigators will be looking at all city contracts pertaining to removal of asbestos.

At the heart of the investigation is a letter sent to the US attorney’s office, the sheriff’s office, and the office of the Florida State Attorney. The letter mentions that park property on Marco Island contains asbestos after a contractor hired by the city to remove asbestos crushed concrete pipe and asbestos on park property. The letter goes on to charge misconduct and negligence by the city and contractor for the incident.

The allegations Stem from the fact that the city permitted Quality Enterprises, the contractor hired for the Collier Boulevard Reconstruction Project, to use park property for materials and work. Residents allege that the company crushed asbestos on the property and left pieces of the toxic material behind. They further allege that Moss and Police Chief Roger Reinke suggested that the asbestos was planted in the park by island residents. Marcos Island has formally stated that it will fully cooperate with investigators.

This is not the first case of a lawsuit stemming from asbestos removal in the US and this new case raises an interesting point: when most people seek damages for asbestos-related personal injury, they seek damages from contractors and manufacturers responsible for installing the toxic materials in buildings. In some cases, lawsuits are launched because employers are aware that asbestos is present in the workplace but take no steps to protect employees.

However, contractors hired to remove asbestos can also cause personal injury that results from exposure to asbestos. Illegal or incomplete asbestos removal can actually stir up toxic asbestos fibres that can cause serious illness later on. Mesothelioma, the cancer that is caused by asbestos exposure, takes decades to appear, so it may not always be evident that asbestos was incorrectly removed.

Preventing Florida Mesothelioma and Asbestos Cases in Florida Homes

Mesothelioma, a fatal cancer caused by asbestos exposure can be prevented in Florida’s homes. Mesothelioma occurs decades after asbestos dust enters a victim’s lungs. Although laws today restrict asbestos, the material was frequently used in construction and industry in the past. Many of the buildings and materials that once were made with asbestos are still in use today, so exposure can still occur.

More than 2,000 Americans are affected with mesothelioma annually, according to current statistics. Much exposure occurs in the workplace and at home. Exposure leads to many personal injury claims each year. Florida homeowners can help prevent this potentially fatal asbestos exposure by:

1. Learning how to spot asbestos. When bringing products into your home, check the labels to see whether they contain asbestos. Floor adhesives, vinyl floor tiles, textured paint, door gaskets, boilers, furnace ducts, fireproof gloves, and some cement roofing all may contain asbestos. If you are not sure what in your home may contain asbestos, consider having a healthy home audit done of your property. Look in your Yellow Pages under “asbestos removal” to find companies who can diagnose asbestos problems and can advise you how to eliminate these problems.

2. Check for quality of asbestos materials. If you do have asbestos materials in your home, a professional may tell you that it is safer to keep these asbestos products there (if they are not easily removable and are in good shape) rather than risk creating asbestos dust by removing them. If this is the case, make sure to periodically check for possible damage to these materials as well as wear and tear. If you see these materials breaking up, cracking, peeling, or otherwise becoming damaged, call a professional for a re-assessment right away.

Choosing the Right Mesothelioma Attorney

If you have developed mesothelioma because of asbestos exposure, you will want to hire a qualified Florida personal injury attorney. A good attorney is important if you want to ensure that you get the compensation you are entitled to under the law. A fair settlement is crucial if you want to provide for your family and get quality care.

Choosing the right personal injury attorney for your mesothelioma case can mean the difference between a settlement that can help you and your family and a settlement that does not allow you to enjoy good medical care. The first important quality you will want to look for in a personal injury attorney is passion for their job. Attorneys are eager to see justice in mesothelioma cases because they know that companies producing asbestos products have known for 6 decades that the product was dangerous. However, these companies kept this information quiet in order to increase profits. Good attorneys are rightfully angered by this form of injustice and work tirelessly to ensure that it is corrected.

When choosing a personal injury lawyer for your mesothelioma case, find an attorney who has handled a number of mesothelioma cases. An experienced mesothelioma lawyer knows how to handle a case successfully. In addition to experience, you will want to look for an attorney who has shown results in pursuing mesothelioma cases. That is, you will want an attorney who has seen many cases go to trial and who has been able to secure many fair settlements for his or her clients. Ideally, find an attorney who specializes in mesothelioma cases.

When selecting your mesothelioma attorney, be sure to ask whether the attorney you are interested in having represent your case will handle your case him or herself. Some Florida lawyers will refer your case to another law firm, which can be a problem since you will not have much control over who represents you.

Asbestos News Big in Florida

A number of news stories have been reported in Florida recently about asbestos. Earlier this month, for example, he Cass Street Bridge in Tampa was reopened after it was closed for months for asbestos removal. Employees working on a highway construction site close to Fort Myers found very large quantities of asbestos at the site as well as concrete that was laced with asbestos. Ocala City Hall closed late last year after mold and asbestos was found in the building.

The asbestos cases resulted in one investigation, against a construction company. Posen Construction, working on the Summerlin overpass, was accused of using asbestos illegally after large amounts of the substance were found at the site. The Florida Department of Environmental Protection stopped the company from proceeding on the project while an investigation took place. The filler used in the project is allegedly made with a high amount of asbestos, and the county is blaming the construction company for the asbestos. If an illegal amount of asbestos is found at the site, it will have to be removed, although it is not yet clear who would be responsible for the costs.

The news highlights the prevalence of asbestos in our cities and towns. The substance was once used quite commonly because it was a fire retardant and was considered a safe building material. However, research showed that asbestos exposure leads to a form of cancer known as Mesothelioma as well as to other personal injuries and ailments. Today, many people who develop Mesothelioma or other serous ailments as a result of asbestos exposure seek help from the courts to get the financial resources they need for medical care. Companies are often eager to blame others – manufacturers or subcontractors – when asbestos contamination is found. This can make it hard for victims to recover the compensation they are entitled to by law.

Another problem, according to experts, is a lax attitude about asbestos on the part of lawmakers. In 1989, the Asbestos Ban and Phase Out Rule was created to eventually ban asbestos. However, the legislation was overturned. While the US has strict rules about the use of asbestos, it does not have a ban, like many countries do. This makes it legal to use asbestos in some applications and some projects (including road construction). Some experts believe that since asbestos has been proven so unsafe, a full ban is more practical.

Florida Asbestos News

A number of asbestos-related news items in Florida lately have renewed interest in asbestos cases and may make asbestos victims more likely to step forward:

1) William Aubin of Sarasota has received more than $14 million after a jury determined that his fatal abdominal cancer is linked to the asbestos Aubin worked with in the 1970s. Aubin’s family owned a construction company and used joint compounds made with asbestos fibers sold by chemical company Union Carbide and other companies like it. The joint compounds were not labeled to indicate they contained asbestos. Jurors found four companies, including joint compound manufacturers, liable in the case.


2) In the Lee County Summerlin Road project, workers for Posen Construction have begun an asbestos clean-up project. The work has been delayed for a number of months, after workers found material containing asbestos at the work site. No one has determined how the material got to the site. The Summerlin Road will likely not be completed until the end of the year due to the delay.

3) This summer, the Jackson County School Board has announced plans to start an asbestos abatement plan at at least two schools this summer. Marianna Middle school and Riverside Elementary School both have asbestos in the ceilings of the buildings. Once the asbestos was discovered, school officials decided to remove the substance over the summer, when children could not come into contact with the material.

Due to the recent Florida asbestos news, some patients who have mesothelioma may become interested in contacting an attorney about an asbestos case. Florida personal injury attorneys have been helping other mesothelioma victims and may be able to help you. If you have been diagnosed with mesothelioma, you may have a personal injury claim. You may qualify for a settlement which can help you pay for the best medical treatment and which can help your family.

Questions And Answers

Florida Mesothelioma Attorneys

Florida is a state that has one of the highest mortality rates for mesothelioma. Hundreds of thousands of workers in Florida alone were exposed to high doses of asbestos on a daily basis even after medicine noted time and time again that asbestos was linked to a growing list of serious illnesses. Employers throughout the country continued to use asbestos as a cheap insulating and fireproofing agent, even as the federal government considered banning the substance. The use of asbestos was finally banned in the mid 1970’s. Up until the ban, employers were aware of the risks they were exposing their workers to, but in many cases didn’t even provide them with any appropriate protective devices. Worse yet, many employers never shared with their employees how dangerous they new asbestos to be.

Mesothelioma is an extremely aggressive cancer which can take decades to develop. Even though the use of most forms of asbestos was banned over 30 years ago, there are still many individuals who are just developing mesothelioma. Because mesothelioma is difficult diagnose, it often advances past the point of being treatable before it is even diagnosed. There is little medicine can currently do for individuals who have been diagnosed with mesothelioma which is in stage 3 or 4 at the time of diagnosis. Over 10,000 people have died in Florida as the result of asbestos related illnesses.

Florida Asbestos Exposure

If someone you know has ever worked at one of the Jobsites listed below, they may have been exposed to high levels of asbestos. Asbestos exposure at any one of these Jobsites could put them at risk for developing one of the following asbestos related diseases: malignant mesothelioma (a terminal asbestos cancer), lung cancer, asbestosis or pleural mesothelioma.

cancer), lung cancer, asbestosis or pleural mesothelioma.

Brandon

Mulberry

  • Mulberry Phosphate Mine

Ocala

  • A. Bushee

Olive

  • Gulf Power Plant

Panama City

  • Smith Generating Plant

Pensacola

  • International Phosphate

Cape Canaveral

  • Cape Canaveral Launch Site

Cape Kennedy

  • Kennedy Space Center

Crystal River

Cutler Ridge

  • Cutler Ridge Powerplant

Asbestos Test Results Questioned in Florida

In West Palm Beach, Florida, the storm-damaged 1515 Tower is at the center of a series of controversial asbestos tests. The developer who planned to raze the towers was going to have to spend $1 million cleaning up asbestos at the site, but then was able to change the minds of state regulatory officials. This was due to various tests done on the building's stucco exterior.

Testing was conducted between March 30 and July 29. Over 5 separate tests were conducted; some by the developer, and others by the health department. Of the tests that used a method called polarized light microscopy point count, the results ranged from less than .5 percent asbestos to 2.75 percent asbestos.

Because regulations allow for materials that are less than 1 percent asbestos to be destroyed without abatement, a final round of testing was done. A subcontractor for the developer took samples from 20 random, computer-selected spots. The testing was supervised the Palm Beach County Health Department. The results of the final round of testing found that no one sample contained over 1 percent asbestos.

But some locals are concerned over the wide variance in the early tests, and are concerned about the presence of asbestos at the site. Exposure to asbestos is linked to cancers like mesothelioma.

Florida contractor under investigation in relation to asbestos discovery

Now that it has been confirmed that the Summerlin overpass site in Fort Myers, Florida contains asbestos, the company running the work site is under increased scrutiny. The Department of Environmental Protection is investigating other projects coordinated by Posen Construction, the firm responsible for the work on the Summerlin overpass. Posen has a known history of asbestos violations, and the Department of Environmental Protection's investigation aims to uncover the scope of these past asbestos violations.

The investigation will determine if asbestos was used in their building materials, which could explain how the asbestos-tainted fill material ended up at the Summerlin site. Rhonda Haag, outreach manager for DEP's Fort Myers office, said a "handful" of Posen's former projects were being investigated.

Asbestos exposure is conclusively linked to the development of mesothelioma, a rare form of cancer, known to affect less than 3,000 Americans each year. The disease typically lies dormant for up to fifty years before an individual begins to suffer from mesothelioma symptoms, and the majority of patients perish from this aggressive form of cancer within 2 years.

"There's going to be a cost involved to remediate the asbestos," said DOT Director Scott Gilbertson. "From our position it's their [Posen's] position to take care of that."

Mesothelioma asbestos controversy in Marco Island, Florida

In Marco Island, Florida, city officials may face hundreds of thousands of dollars in fines from the EPA due to the improper handling and disposal of asbestos-containing materials. According to officials with the U.S. Environmental Protection Agency, the city of Marco Island allegedly pulverized and buried over 260 feet of asbestos-laden pipe materials during the creation of Collier Boulevard.

The EPA argues that much of that material may still be lurking beneath Veteran's Park. The EPA wants to fine the city and Quality Enterprise up to $37,500 per day of violation. With violations suspected to date back to 2006, the city could be facing very high fines.

Asbestos exposure is linked to the development of mesothelioma, a rare form of cancer. Mesothelioma affects less than 3,000 Americans each year, and typically lies dormant for up to fifty years before an individual begins to suffer from mesothelioma symptoms. Sadly, a number of mesothelioma patients lose their battle with this cancer in less than two years following diagnosis.

dimanche 27 juin 2010

Asbestos Related Deaths in Florida

The government has made data available that provides the number of asbestosis and mesothelioma deaths from 1979 to the year 2000. Over that period, there were 1,095 deaths from asbestosis and from 1,976 to 3,432 mesothelioma deaths in the state. The range of deaths for mesothelioma represents the figure of recorded deaths and a higher estimate of deaths that include both mesothelioma and deaths that may have been attributed to another type of cancer.

The federal government began tracking mesothelioma deaths carefully in 1998. From that time through 2004 there were 1,095 deaths in Florida due to mesothelioma. Florida trails only California in having the most residents succumb to asbestos related diseases.

Here are some of the Florida facilities that may have exposed employees to asbestos:

Tampa Electric Power Plant Apollo Beach, FL
Armour Chemical Plant Bartow, FL
W.R. Grace Phosphate Plant Bartow, FL
Florida Power Corp. (Progress Energy) Bayboro, FL
Florida Crushed Stone Co. Brooksville, FL
St Regis Paper Co. Cantonment, FL
Florida Power & Light Cape Canaveral, FL
Kennedy Space Center Cape Canaveral, FL
Florida Power Corp. (Progress Energy) Crystal River, FL
Patrick Air Force Base Cocoa Beach, FL
Georgia Pacific Cross City,FL
FPL Power Plant Cutler, FL
FPL Power Plant Deltona, FL
Eglin Air Force Base Eglin, FL
Gulf Power Co. Escambia, FL
American Container Paper Mill Fernandina Beach, FL
Rayonier Paper Mill Fernandina Beach, FL
FPL Turkey Pt. Nuclear Power Plant Florida City, FL
FPL Power Plant Fort Myers, FL
FPL Power Plant Fort Lauderdale
FPL St. Lucie Nuclear Power Plant Fort Pierce, FL
Chemstrand Company Gonzales, FL
White Springs Agricultural Chemical Hamilton, FL
Florida Power Corp. (Progress Energy) Higgins, FL
CF Industries Hillsborough, FL
Tampa Electric Hillsborough, FL
Homestead Air Force Base Homestead, FL
Reliant Energy Indian River, FL
Bellinger Shipyard Jacksonville, FL
Gibbs Shipyard Jacksonville, FL
Keene Corp. Jacksonville, FL
St Regis Paper Mill Jacksonville, FL
U.S. Gypsum Jacksonville, FL
Exxon Oil Refinery Jay, FL
Hess Oil Jay, FL
Florida Power Corp. (Progress Energy) Live Oak, FL (Suwannee Plant)
FPL Power Plant Martin, FL
U.S. Naval Station Mayport, FL
Reliant Energy Osceola, FL
American Cyamid Pace, FL
Georgia Pacific Paper Mill Palatka, FL
Wainwright Shipyard Palatka, FL
Arizona Chemical Panama City, FL
International Paper Panama City, FL
Smurfit Stone Container Co. Panama City, FL
Tyndall Airforce Base Panama City, FL
Ashland Chemical Pensacola, FL
Gulf Power Plant Pensacola, FL
Monsanto Textiles Pensacola, FL
National Cork Co, Pensacola, FL
Newport Chemical Plant Pensacola, FL
Pensacola Naval Air Station Pensacola, FL
Pensacola Naval Shipyard Pensacola, FL
Tenneco Pensacola, FL
Calpine Auburn Power Plant Polk, FL
Florida Power Corp. (Progress Energy) Polk, FL
IMC Phosphates Polk, FL
Mosaic Co, (Cargill Fertilizer) Polk, FL
FPL Power Plant Port Everglades, FL
Arizona Chemical Port St Joe, FL
St. Regis Paper Mill Port St Joe, FL
FPL Power Plant Putnam, FL
FPL Power Plant Sanford, FL
Gulf Power Santa Rosa
CPV Cana Ltd. St. Lucie, FL
Duke Energy St. Lucie, FL
Pratt & Whitney Aircraft West Palm Beach, FL

Asbestos in Florida

Florida has developed a number of industries that utilize asbestos products in their processing operations.For years one of the major sources of vermiculite has been a mine in Libby, Montana that is now owned by W.R. Grace. The mineral from this mine has been found to contain substantial amounts of asbestos; over 100,000 tons of it was shipped to Tampa. The mineral is heated to a very high temperature in order to use it for manufacturing: vermiculite from Libby released asbestos fibers in plants across the country for decades.

Tampa’s vermiculite processing plant is not the only source of asbestos exposure in the state. There are a number of chemical plants and power plants that certainly contained asbestos insulation at one time and perhaps still do. There are military installations and shipyards in Florida, as well as NASA’s facility for launching rockets for satellites and the manned spaceflight program. Florida has an extensive collection of power plants that provide electricity to the state and to the multistate grid in the area. The state has a wide assortment of potential asbestos contamination sites: as a result, Florida has one of the highest death rates from mesothelioma in the United States.

Mesothelioma in Florida

Below are the figures for the number of deaths, mortality rate (per million population), and years of potential life lost (YPLL) in Florida State in the year 1999, among residents aged 15 years and older.


State
No of deaths Rankss
Crude Mortality
Rate Rank
Age-Adjusted Mortality
Rate Rank
VYLL to life Expectancy
Total Rank VYLL/death Rank
Florida 163 2 13.44 19 10.16 33 2,134 2 13.1 36

Florida is one of the states with high number of Mesothelioma deaths. It is because over 1,188 shipments or 109,948 tons of vermiculite was brought from Libby, Montana to 5 locations in Florida. These places were Tampa Bay, Jacksonville, Pompano Beach, Boca Raton and St. Petersburg which received vermiculite from 1948 to 1993. Due to construction work, large amounts of asbestos dust and particles were released which caused this cancer among people living nearby.


Florida Mesothelioma Attorney, Facts and Figures


One of the reasons for this high mortality rate is the late recognition of Mesothelioma as a cause of death. Mesothelioma was officially marked by government as a legitimate disease in 1999. By this time, hundreds and thousands had died or were suffering from Mesothelioma. It can also be said that to an extent, this mortality rate can be inaccurate.

Being a very dangerous disease, Mesothelioma can kill a person within 16 to 18 months after its first symptoms appear. These symptoms appear after a long latency period ranging from 20-50 years leading to breathing problems, stomach aches or pains. By the time symptoms are observed, it is too late to take proper action. Lung and stomach lining are the most vulnerable areas where this cancer attacks..

Mesothelioma cases cropped up in large numbers in late 1980’s. This was due to commercial use of asbestos till this period. In World War II, asbestos use was increased in America to build war ships. It was after 20-30 years that symptoms of Mesothelioma started appearing.

Florida Medical Malpractice Lawyers & Mesothelioma Cancer News

"Advance the costs of litigation to Waters & Kraus, L.L.P. for all nationwide enquiries, and not be held responsible for reimbursing us for Mesothelioma litigation unless we win." For more information on this outstanding attorney, see link below:

Florida medical malpractice litigation has ballooned enormously in the last few years and rightly so. Any attorney here will tell you that it is now unfortunately quite common. Doctors, nurses and hospitals have legal as well as moral obligations to take care of their patients, particularly with lung cancer.

1. What is medical malpractice?
This is a negligent or careless act by a doctor, hospital, or other health care provider. In general is defined as any act or failure to act by a member of the medical profession that results in harm, injury, distress, prolonged physical or mental suffering, or death to a patient while that patient is under the care of that medical professional. Usually harm must be proven to have occurred.
It is the breach of the accepted standard of care that is recognized by other providers who are practicing with similar training in the same field of medicine. It can result from a failure to act or from acting improperly.

2. Are there some common patterns?
Yes, certain common patterns seem to occur more frequently than others. However, there are situations that do not seem to fit any pattern.

3. Should I report an act of this wrongdoing to any particular organization or institution?
Although there are state and local agencies or organizations that will receive complaints, most experienced lawyers feel it is advisable not to file these complaints until an attorney is consulted. There are many consequences of the filing of complaints or claims that should be explored with an experienced attorney before steps of this nature should be taken according to the law.

4. Should a claim for damages be made for every act?
Unfortunately, not every act of medical malpractice justifies the filing of a formal claim for damages. There are many instances in which the filing of a claim would actually cause more harm than good.

Legal Side of Dog Bite Or Domestic Animal Attack

The one bite rule or the first bite rule exempts dog owners from any liability. However, it is always suggested to know the state laws about dog bite injury. Each state has dog bite laws and it vary from state to state. So to know the responsibilities of the dog owner or to find information about the rights of dog bite victims contact dog bite lawyers of your state.

Look for an attorney who has experience in handling dog bite cases and who knows the related laws of your state very well. If you need legal help against domestic animal bite in Florida, look for Florida lawyers so that you can seek imbursement for the damages.

Let's learn about the one bite rule and strict liability law in details.

One Bite Rule:

First Bite Rule and First Bite Free are the other terms people use to refer to this rule. One bite rule does not consider the dog owner guilty when the pet dog bites someone for the first time, provided the owner was not negligent.

If the dog has any track record of biting or even attacking others, the one bite rule does not apply.

If the pet owner was not much careful and let the dog run in public places, the owner can be held responsible making one bite rule invalid. It is better to consult a state attorney to comprehend the meaning of the rules. Florida residents should consider Florida attorneys specialized in dog bite accidents for legal help.

One bite rule cannot help the dog owner if the victim proves that the owner was aware of the attacking nature of the animal. If the owner alerts someone about the violent nature of the animal, or makes the dog wear muzzle frequently it becomes easy for the victim to prove that the owner was aware of the biting nature of the dog. And one bite rule goes invalid easily.

Strict Liability Law

If the owner is not exempted under one bite rule, the case goes under strict liability law. The owner of a domestic animal is responsible for the activities of the animal.

However, some states offer exemptions for the pet owners. Strict liability law can be avoided if any of the following is proved.

  • The victim was a veterinary surgeon and the accident occurred when he was examining the dog
  • The victim was an intruder or trespasser
  • The victim agitated, provoked or disturbed the dog
  • The victim ignored the words of caution and came up to the dog

Protection From Medical Malpractice In Florida

The job of health care providers is somewhat different from other professionals. They need to take care of thousands of lives; hence health care industry involves trustworthiness and a sense of responsibility more than any other sector.

Individuals engaged in health care industry need to remember their duties all the time. People come to physicians for treatment and expect proper care. Unfortunately, some physicians, dentists, nurses, hospital authorities and medical clinics forget what they are supposed to do. The careless act can bring about bigger health problems, or even death, in an innocent person.

There are certain standards and norms health care providers should adhere to. Negligence to obey the rules is always punishable by law. People come to health care providers for treatment and they expect standard service. On contrast, if they are provided with improper care and low-graded service that worsens the conditions, they have all the right to sue the liable entities.

Victims can take help from local personal injury lawyers or medical malpractice attorneys. Florida medical malpractice victims should consult Florida lawyers to know the merits of their case.

Most of the states in U.S. have introduced certain laws to protect consumers' interest. The laws guide the victims on how to handle medical malpractice cases. Medical malpractice lawyers can also help victims get justice.

Medical malpractice laws vary by states. Some states require the victims to learn and understand the way court of law works and the related laws too. On the other hand, just a bit of understanding about the law is considered acceptable in the other states.

The process of assessing damage also differs from state to state. In some states a special panel is appointed to investigate the case, where in the other states, they put a cap on the compensation amount. That is why dealing with state lawyer is important. Florida attorneys have better knowledge of Florida medical malpractice laws.

The usability of the changes made by Federal Government and recently passed medical malpractice laws is a debatable issue. better health care and proper medical attention. Top of that, the standard of entire health care industry is expected to rise high.

However, people associated with health care industry hold a different opinion altogether. Most of them are not satisfied with the medical malpractice law. They think the medical malpractice laws are not doing any good for them and retracting them from practicing their noble profession. They have even commented that such unfair law would keep people away from pursuing careers in health care industry and suspected a shortfall of physicians, dentists, nurses and other health workers in the coming days.

The interest of medical malpractice victims should always be protected by law. No one should sacrifice his life because of someone else's fault or negligence. And if such event happens, the victims should have the right to claim and receive compensation.


Florida Slip And Fall Cases - New Burden Of Proof

Until recently, slip and fall law in Florida was somewhat favorable to injured plaintiffs. In the case of Owens v. Publix Supermarkets, 802 So.2d 315 (2001), the Florida Supreme Court set the previous standard for proving slip and fall accidents involving transitory substances on floors. The rule stated by the Owens Court was that "the existence of a foreign substance on the floor of a business premises that causes a customer to fall and be injured is not a safe condition and the existence of that unsafe condition creates a rebuttable presumption that the premises owner did not maintain the premises in a reasonably safe condition." This effectively eliminated the need for a plaintiff to show that the property owner was aware that the substance was on the floor and failed to clean it up.

Although the law becomes effective July 1, 2010, there is some question as to whether it will impact injuries that occurred before the effective date of the law. In most situations, laws may only operate prospectively to affect incidents that occur after the effective date. There are, however, many instances when a law can directly impact cases arising before the law if effective. Certainly defense attorneys hired by the property owners will argue that the new law should be applied to cases filed after July 1, even if the fall was much earlier. These issues require careful analysis of complex areas of the law. If you have been injured in a slip and fall accident, but have not yet filed suit, you should speak with an experienced personal attorney to determine how the new law will affect your case.

Florida Attorneys Help You File Personal Injury Lawsuit in Florida

What is a personal injury lawsuit? It is nothing but a tool through which personal injury victims can apply their rights and take legal steps against the person or organization whose carelessness devastated their life.

Vehicle accident, slip and fall and other accidents are often accompanied by severe physical injuries and mental stress. Bone fracture, head injury, spinal cord injury and serious bruises may take years to cure. During the recovery period most people find themselves unable to go to work. Hence, job loss and reduced income are common. Top of that, they need to bear huge medical expenses. The responsibilities of family members cannot be ignored as well. Therefore a money crunch is inevitable.

All these tensions and worries build up mental stress and depression. And when accident takes place simply because of someone else's negligence and recklessness, the pains increase many folds.

Personal injury lawsuit is the tool which helps victims and injured persons get compensated for all their damages. Physical injuries, medical expenses, compromised lifestyle due to unemployment or reduced income, mental stress and property damage, everything should be considered while computing compensation amount. Personal injury lawsuit is the legal way of filing your complaint against the responsible party in court of law and let the court judge your case.

But the process is not so simple. Legal guidelines are quite complex to understand and if you miss a single rule the entire case may lose its merit. Therefore you need personal injury lawyers who can guide you from a-to-z of your personal injury case.

It is better to get helped from lawyers of your home state. If a resident of Florida gets injured because of carelessness of others, they should see Florida personal injury lawyer to know how to submit personal injury lawsuit against the offender.

The person or the organization responsible for wrongful acts must provide monetary compensation to the victims for all the damages. Court decides the compensation amount after looking at all the evidence and listening to the statements of witnesses.

Preparing a convincing personal injury lawsuit is a difficult process. Only expert lawyers can help you make your lawsuit convincing. Designing the right plan of action and preparing a strong lawsuit are very important for the success of personal injury case.

That is why you need to work with a reputed and experienced attorney specialized in the type of personal injury case you are going to file. Accident attorney Florida can help automobile accident victims get compensate properly and a spinal cord injury lawyer in Fort Lauderdale can help victims with spinal cord injuries get justice.


Apart from preparing the lawsuit, personal injury lawyers teach victims how to face trial. Victims' statements play important role in judgment. Attorneys with years of experience in handling personal injury lawsuits can predict how the trial can go and prepare their clients for all types of questions that can be asked by the opponent. In a nutshell, they help you make full use of your legal rights.