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Fiol Law Group Blog

Can I Sue a Dentist for Medical Malpractice?

On Behalf of Fiol Law Group|Posted in Medical Malpractice,Personal Injury on August 8, 2017

A dentist is a medical professional who has completed years of training, passed a rigorous licensing exam, and participated in continuing education courses required to renew his or her license. As medical professionals, dentists are held to high standards when it comes to their treatment of patients, just as doctors and other health care professionals are. A dentist in Florida is required to provide a standard of care that is at least equal to that which another reasonably competent dentist practicing in the same area of specialization in Florida would deliver under the same or similar circumstances. So, the answer is yes, you can sue your dentist for malpractice. But to succeed, there are four elements that you will have to be able to prove. Elements Required to Prove Dental Malpractice Duty of Care First, in order to sue a dentist, you need to establish that the dentist you are… read more

How to File an Accident Report in Florida and Why

On Behalf of Fiol Law Group|Posted in Car Accidents on June 12, 2017

If you’ve been injured in an accident involving a vehicle or any other kind of machinery, you’re probably wondering what your next steps should be. Since Florida is a “no-fault” insurance state, you’ll likely have to file a claim with your own insurance company. To expedite the process, you’ll want as much evidence as possible – and an accident report can help provide all the information your insurance company needs to make a decision. Learn how and why to file an accident report in Florida. Why File An Accident Report? After a car accident, police usually respond to the scene and write up an accident report. An accident report offers many specifics about an accident – the date, time, and names and numbers of witnesses, to name a few. It also makes a preliminary fault determination, which can be helpful to your insurance claim or to your car accident attorney… read more

10 Reasons People Don’t Sue Their Doctors But Should

On Behalf of Fiol Law Group|Posted in Hospital Negligence,Medical Malpractice on June 5, 2017

You might have a medical malpractice case if a health professional fails to provide proper treatment, and that failure caused your injury. Generally, medical malpractice occurs when all four of the following apply: You had a doctor/patient relationship. Your doctor violated his or her duty of care (i.e., committed negligence). That negligence directly led to injuries or a poor health care outcome. Those injuries led to specific damages. In the medical profession, you’ll find most doctors are wholly devoted to their patient’s health. Unfortunately, you’ll find some who cut corners and don’t have their patient’s best interests at heart. These are the Top 10 reasons people should sue their negligent doctors, but don’t: 1. They Like Their Doctor We all develop personal relationships with our health care providers. Sometimes, it’s hard to believe those who help us could do anything wrong. But, if your doctor misses an important diagnosis that… read more

Can You Sue For Bad Plastic Surgery Results?

On Behalf of Fiol Law Group|Posted in Medical Malpractice,Personal Injury on May 22, 2017

Cosmetic surgery, commonly called plastic surgery, is different than other types of surgery because it is elective. A patient wishes to make a change to his or her body for some reason and hires a physician to perform the necessary procedures. Some forms of plastic surgery are not elective and are instead restorative procedures intended to repair an injured person’s appearance after suffering a disfiguring injury. In these situations, it is highly unlikely that a patient would want to sue his or her doctor for performing a restorative procedure. However, patients who choose elective surgery may feel as if they should they have some legal recourse if they don’t like the results. It’s vital to recognize the difficulty in pursuing these types of cases. Are Bad Results Malpractice? Medical malpractice defines any instance of a doctor or medical professional causing harm to a patient by acting in a manner contrary… read more

What are Special Damages in a Personal Injury Lawsuit?

On Behalf of Fiol Law Group|Posted in Personal Injury on May 17, 2017

If another person or party injures you in some way, you can typically file a personal injury lawsuit to recoup the losses you incurred as a result of the incident. Although this may seem straightforward, it’s vital to understand the various types of damages that could come into play for your case. An attorney will help you make sense of your situation and explore the possible routes you can take to secure compensation for your losses, both tangible and intangible. Personal injury lawsuits typically entail various types of damages. Plaintiffs can sue for several different types of losses incurred by a defendant’s actions, and these damages generally fall into one of two categories: General damages apply to intangible losses or damages that are difficult to calculate. For example, some personal injury lawsuit plaintiffs may sue for loss of reputation, pain and suffering, or loss of companionship from a spouse. Special… read more

Can I Sue a Doctor for Prescribing the Wrong Medication?

On Behalf of Fiol Law Group|Posted in Hospital Negligence on May 15, 2017

Medical malpractice is a serious issue that impacts the lives of thousands of Americans every year. Malpractice takes many forms, but generally describes any time a doctor or health care professional causes harm to a patient through negligence (including hospital negligence), or acting in a manner that another reasonable and equally skilled professional would not in the same situation. Prescription errors are a common form of malpractice, and it’s important to know what to do if you find yourself ill or injured due to a prescription drug error. Establishing Medical Malpractice If you suffer an injury due to a doctor or other medical professional’s actions, you can file a medical malpractice lawsuit to secure compensation for your damages. To do so, it is highly recommended that you retain the services of a reputable and experienced attorney. Even cases that may at first appear straightforward can quickly spiral into complex legal… read more

Retail slip and fall injuries: the basics

On Behalf of Fiol Law Group|Posted in Uncategorized on April 27, 2017

Were you injured in a slip and fall in a retail establishment? Any business that opens itself to the public is responsible for maintaining its premises in a reasonably safe and passable condition. Failure to do so could mean that the business will be held liable in the event that a “business invitee” (a customer, client, vendor or other person visiting for a business-related purpose) is injured on the property. Perhaps the most common type of injury-causing accident suffered by customers or clients on retail business property is a fall. The National Floor Safety Institute reports that falls – many of which happen in retail locations like Wal-Mart, Target, Publix, Aldi, Winn Dixie and more – are the leading cause of emergency room treatment in the country, resulting in over 21 percent of annual ER trips. The reasons for retail slips and falls may vary, but there are some common… read more

Have you been injured in a Florida car accident?

On Behalf of Fiol Law Group|Posted in Uncategorized on April 27, 2017

Are you wondering what you should do after a car accident? According to information provided by the Florida Department of Highway Safety and Motor Vehicles, there were more than 373,000 auto accidents in the state in 2015 alone, resulting in nearly 244,000 injuries. If you’ve been involved in a collision, you realize that a crash situation can be hectic and very stressful, particularly if you or someone you love has been injured. As difficult as it may seem, it is important that you remain as calm as possible, seek the appropriate assistance (whether it be from law enforcement, medical providers or legal experts), follow some basic protocols, and try not to do anything that could potentially jeopardize your legal rights down the road. The aftermath of a car accident If there are serious injuries or severe property damage (anything more than a scratched bumper or dinged door can easily cost… read more

Study sheds light on prevalence of negligent driving habits

On Behalf of Fiol Law Group|Posted in Uncategorized on April 27, 2017

A new study suggests that the majority of drivers endanger others by engaging in needless reckless behaviors, such as drunk driving and speeding. Each year, hundreds of thousands of motor vehicle accidents occur throughout Florida, according to the Florida Department of Highway Safety and Motor Vehicles. As some Tampa residents could attest, some of these accidents happen due to circumstances that the involved drivers are powerless to prevent. Unfortunately, more often, these accidents occur because at least one person was acting negligently. It’s not uncommon for motorists to take needless risks while at the wheel, such as driving impaired, traveling at excessive speeds or focusing on tasks other than driving. A recent AAA Foundation for Traffic Safety study helps highlight just how widespread and dangerous these behaviors and habits may be. Reckless behaviors The research found that about 87 percent of the participating drivers had engaged in an unsafe behavior… read more

Florida once again weighs stricter laws to deter texting while driving

On Behalf of Fiol Law Group|Posted in Uncategorized on April 27, 2017

Three new bills seek to improve enforcement of Florida’s texting ban or increase the penalties for violations, which could help reduce distracted driving. Over the past several years, texting while driving has gained recognition as one of the most prevalent, mentally demanding and dangerous forms of distracted driving. Since 2013, this habit has been illegal for drivers in Tampa and the rest of Florida. However, this law has been criticized as largely ineffective. AS WFTV News reports, in the year after the ban was enacted, authorities only issued 2,061 citations. Over the same period, authorities wrote over 270,000 tickets just for seat belt violations. Since 2013, legislative efforts to pass stronger laws against texting while driving have failed. However, Florida lawmakers have recently introduced three new bills that could improve enforcement of the ban and also increase the penalties that drivers face for violations. Stricter laws, sanctions sought One bill… read more