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Fiol Law Group Blog

What Constitutes Medical Malpractice in Florida?

Fiol Law Group|Posted in Medical Malpractice on June 29, 2020

Medical malpractice is a personal injury practice area that describes the negligence of a health care practitioner injuring a patient. If a professional in the health care industry breaches a duty of care to a patient, resulting in preventable injuries, illnesses or death, the professional or facility could be liable for the patient’s damages. Filing a medical malpractice claim in Florida is how an injured patient can seek justice and compensation. Who Can File a Medical Malpractice Claim in Florida? Any patient can file a medical malpractice claim in Florida if he or she has evidence proving medical negligence. Patients have a right to expect reasonable and prudent care by their physicians and other health care workers. If someone breaches this duty of care, injuring the patient, the patient will have the right to file a medical malpractice claim in Florida. Although it is possible to file a claim pro… read more

Understanding Florida’s Serious Injury Threshold

Fiol Law Group|Posted in Lawsuits on June 24, 2020

During a personal injury claim in Florida, you might hear the phrase, “serious injury threshold.” This is an important element that could determine your rights in terms of seeking compensation as the victim of an accident. Under Florida’s no-fault car insurance laws, victims may only be able to hold at-fault parties accountable if their injuries meet the serious injury threshold. Otherwise, they may have no choice but to seek compensation through first-party insurance claims. What Is a Serious Injury? A serious injury is one that significantly impacts the victim’s life. It is an injury that could affect a victim for months, years or life. A nonserious injury, on the other hand, is one that will heal quickly and completely without a great deal of pain, suffering and medical expenses. In Florida, Statute 627.737 gives a specific definition for serious injuries in terms of tort liability. This statute gives the state’s… read more

5 Reasons a Personal Injury Attorney Won’t Take Your Case

Fiol Law Group|Posted in Lawsuits on May 27, 2020

Finding the right personal injury attorney can give you hope for the future. It can inspire greater confidence during a difficult time in your life. If the lawyer you prefer decides not to take your case, however, you could find yourself back to square one. Luckily, there are steps you can take to improve the odds of a Tampa Bay personal injury lawyer accepting your case – starting with understanding common reasons for case rejections. Caseload Capacity Many law firms are careful with how many clients they accept at a time. Rather than operating a mill-type law firm that places profits over personal client attention, smaller and boutique-style firms are often selective in their clients to keep caseloads manageable. If you try to retain a lawyer from one of these firms at a busy time, he or she may have no choice but to deny your case for the time… read more

Common Types of Medical Malpractice

Fiol Law Group|Posted in Medical Malpractice on May 21, 2020

Medical malpractice is the failure of a medical professional, such as a doctor or nurse, to meet the necessary standards of patient care, resulting in patient harm. Medical malpractice is a common issue among hospitals and health care centers in the US. It leads to thousands of serious injuries as well as preventable patient deaths. Recognizing the most common types of medical malpractice or medical negligence could help you detect a hospital or doctor’s wrongdoing in Tampa Bay. If you detect signs of medical malpractice, work with a medical malpractice lawyer in Tampa to bring the defendant to justice. What Can Be Class as Medical Negligence? Medical negligence is a type of civil tort. It can give a patient or his or her loved ones the right to file a civil lawsuit. Florida Statute 766.102 defines medical negligence as a health care provider’s failure to carry out a surgical, medicinal… read more

Florida’s Nursing Home Generator Requirement & COVID-19 Liability

Fiol Law Group|Posted in Nursing Home Abuse on May 18, 2020

Florida’s hot summers are not something to contend with without electricity. Temperatures can rise to over 100 degrees Fahrenheit and feel even hotter with humidity. Lack of electricity is much more than an inconvenience. For vulnerable parties such as Florida’s large elderly population, a power outage can be deadly. In 2017, 12 residents at the Hollywood Hills Rehabilitation Center died after the building lost power from Hurricane Irma. The next year, Florida lawmakers passed legislation requiring generators at all nursing homes and assisted living centers. What Is Florida’s Nursing Home Generator Requirement? Florida passed the Nursing Home Emergency Power Plan to combat senior citizen deaths due to overwhelming heat in power outages – a common issue due to the state’s history of hurricanes. The law requires facilities that care for the elderly to implement backup power sources in case of electricity failures. Nursing homes must purchase and install sufficient generators… read more

The Worst Nursing Homes in Tampa Bay

Fiol Law Group|Posted in Nursing Home Abuse on May 4, 2020

Trying to find a suitable nursing home for your loved one in the Tampa area can be difficult. Fortunately, all nursing homes that are certified by Medicare and/or Medicaid are regularly evaluated based on standards of health, cleanliness, and acceptable service to residents. However, even when nursing homes are held to such stringent standards, many fail to meet acceptable standards of care – and worse, some may be much lower in standards. What are the worst nursing homes in Tampa?   With help from data visualization firm 1Point21 Interactive and data from Centers for Medicare & Medicaid Services (CMS), we compiled a comprehensive list of the lowest-rated nursing homes and long-term care facilities in the Tampa Bay area (as of May 4th, 2020). The Worst Nursing Homes in Tampa According to data collected by CMS, we found 69 nursing home facilities within a 25-mile radius of Tampa. Of these 69… read more

Florida Wrongful Death Claims and Laws

Fiol Law Group|Posted in Wrongful Death on April 20, 2020

If you recently lost a family member, spouse or loved one in an accident in Florida, you might have a wrongful death claim. A wrongful death claim is a civil cause of action against someone for negligently, intentionally or carelessly causing another person’s fatal injury. Most states, including Florida, allow certain parties to bring wrongful death claims in the pursuit of monetary damages. While a financial award will not make up for the grief you suffered, a successful claim could help your family move forward with greater peace of mind. Understanding how these claims work in Florida is important as a plaintiff. What Is a Wrongful Death Lawsuit? A wrongful death lawsuit falls under the umbrella of civil law. Civil law awards restitution to injured victims or surviving family members of negligence. By contrast, criminal law serves to punish the at-fault party for committing a crime. You might have grounds… read more

How to Spot Nursing Home Negligence During the Coronavirus Pandemic

Fiol Law Group|Posted in Nursing Home Abuse on April 15, 2020

The coronavirus (COVID-19) pandemic has had a drastic effect on a global scale. Thousands of people have lost their lives. Florida has had over 21,000 confirmed cases and 500 deaths as of mid-April 2020. The virus has led to many significant changes in the way Floridians live – including being unable to visit vulnerable elderly loved ones in nursing homes throughout the state. During the coronavirus pandemic, learn how to check on your loved ones in nursing home facilities to search for signs of negligence. Florida’s Guidelines to Protecting Nursing Home Residents Nursing homes throughout the country are on high alert amid the COVID-19 virus pandemic. National health officials such as the Centers for Disease Control and Prevention state that those at the highest risk of developing serious health complications from the coronavirus are older adults and people with severe underlying medical conditions. Under national health advisories, Florida nursing homes… read more

Concerned About Meeting Due to Coronavirus?

Fiol Law Group|Posted in Uncategorized on March 24, 2020

Get Your Free Claim Evaluation From Home This is an uncharted time in our history, but injuries don’t stop for anything, including the Coronavirus (COVID-19).  At Fiol Law Group, we want to assure our clients and potential clients that we are still here to serve you.  Although our approach to contact may be different than usual, our goal is the same—a client focused atmosphere that puts you first. As always, our initial consultation is free and you do not need to come to our office. We can evaluate your claim, process the needed case forms and get your electronic signature without you having to leave your house. Visit our contact page to get in touch with us today! Use Our Case Evaluation Form Online Under normal circumstances, we would prefer to meet with you in person.  These are not normal times. We provide a FREE case evaluation form for your convenience.  Once… read more

What Is the Statute of Limitations for Medical Malpractice in Florida?

Fiol Law Group|Posted in Hospital Negligence,Medical Malpractice on March 19, 2020

Medical malpractice is a civil wrongdoing that can interfere with proper patient care and recovery. Even under the best circumstances, a patient may not make a full recovery after a serious illness or injury. When a physician or health care center breaches its duties of care or acts negligently, a patient may not have a fair chance at improving. If you believe you are a victim of medical malpractice in Florida, act before the expiration of your statute of limitations. Failure to meet your deadline could lead to the loss of the option to file. What Is Medical Malpractice? Medical malpractice is an act or omission that a typical physician, nurse, surgeon, hospital or other health care entity would not have committed under the same circumstances, often resulting in harm to the patient. It can refer to many different mistakes that can cause physical injuries, illnesses, infections and wrongful deaths… read more

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