Saturday, June 18, 2011

Broward County Jury Awards $4.7M For Botching Anesthesia

A Broward County jury has ruled a woman should be paid nearly $5 million for a botched procedure at Broward General Medical Center in 2007.

Susan Kalitan was supposed to have surgery on her hand to fix her carpal tunnel, but complications with the anesthesia she was given resulted in emergency surgery and a lawsuit.

Thursday, the jury awarded her $4.7 million. “It was just very, very frightening” Kalitan said.

Broward Health officials said Friday they disagreed with the jury's decision. Attorneys said they plan to appeal the decision.

"Ms. Kalitan had an unfortunate yet known complication of anesthesia. It is not indicative of any negligence on the part of her health care providers and we do not believe that there was negligence or an issue with the standard of care we provided to her," a statement read.

Kalitan's attorneys claimed the instruments used on their client during general anesthesia perforated Kalitan's esophagus.

“So they punched a hole in the tube that runs down to her tummy where food goes. Unfortunately she was discharged from the hospital inappropriately and went home,” her attorney Crane Johnstone said. “Everything she swallowed ended up going through the hole in her esophagus and into her chest cavity.”

The following day, Kalitan was rushed to West Side Regional where she had emergency surgery and was in intensive care for weeks. She needed a feeding tube and couldn't swallow for months.

Kalitan says she still has some trouble swallowing. Her attorneys claim she was unaware a student nurse would be part of the anesthesia team.

“It's important to sit down and discuss everything that's going to happen, all your options," Kalitan said.

Source: NBC Miami, http://www.nbcmiami.com/news/local/Woman-survives-rare-and-dangerous-risk-of-anesthesia-124098324.html.

If you are someone you know has been the victim of medical malpractice, injured in an automobile accident or slip and fall, then give me a call.  888-450-4909.  If I do not recover for you, then I will not charge you fees or costs.

Saturday, June 11, 2011

Basic information to ask before hiring a Personal Injury Lawyer

Just because a lawyer is on every billboard on the highway does not mean they are best for you.  Lawyers love to get clients signed up and then let them sit around, while they sign up new cases. This is certainly not all lawyers, but it happens all too often. Lawyers will sign up a client and then wait 18-24 months to file suit, just prior to the statute of limitations. That delay is harming you. It is delaying money that you may be entitled to. Ask the lawyer if he will have the full time necessary to devote to your case? I would ask the lawyer how many other cases he has pending and how much of his time does he plan on devoting to your specific case?  A good lawyer will want to start building your case immediately.

You may also want to know when your case will be filed.  Many lawyers do not like to work on specific cases until there is a deadline. If you have a lawsuit, I am a strong believer that it can be very beneficial to file suit sooner than later. However, there are some circumstances where it may be strategic to wait on filing immediately.  For example, it may be best to enter into pre-suit negotiations before incurring higher costs in litigation.
I expect that every single case will go to trial. If your lawyer tells you that your case is going to settle, be very cautious about what you are settling for. It is hard to be properly compensated if you are not prepared to go trial. Ask for time frames. It will be hard to give exact answers, but these are relevant questions. Many personal injury cases can be resolved within 2-3 years, sometimes less.

Clients always want to know what their case is worth.  Ask this question. An experienced lawyer will have some idea. It is true that it can be a broad range based upon discovery, liability and unknown medical issues. At the very least, your lawyer should be able to provide a spectrum and explain the unknowns to you. Use your own judgment. Do not be fooled by lawyers who make promises that seem unrealistic.

If you have been involved in auto accident, slip and fall, motorcycle accident, or suffered injuries as the result of others, then call me on my cell phone anytime. (888) 450-4909.  I am ready to answer those basic questions.

Monday, May 30, 2011

What happens if you are injured in a car accident and the negligent party does not have insurance?

Depends! If you have underinsured/uninsured motor vehicle coverage on your policy, then you may be able to make a claim against your insurance carrier for the injuries you have suffered.  If you have chosen to decline this coverage or have selected coverage that would not adequately cover your injuries should you get into an accident with an uninsured or underinsured driver, then you are putting yourself at risk.

Imagine you are sitting at a stop light and suddenly you are rear ended by another driver.  As a result of this accident your car is smashed into a tree and totaled.  Thereafter, fire rescue arrives and uses the jaws of life to cut you out and ultimately you are taken to the hospital.  As a result of this accident, you not only suffered physical injuries, but missed several weeks of work that resulted in lost pay.

So you hire a lawyer and it turns out the person who hit you only had $10,000.00 in bodily injury coverage.  This alone may only cover your hospital stay.  What about the lost wages?  What about your injuries?  What about the pain and suffering?  Who is going pay for it?  Trust me, your chance of collecting beyond the insurance coverage of the person who hit you would be incredibly difficult.  In some circumstances you can go after an insurance carrier for bad faith, but let us assume that is not this case.

In this situation, if you have underinsured/uninsured motor vehicle coverage, then your insurance carrier would be able to step in.  However, it is important that you have enough coverage.  Think about what your life is worth.  What would it cost you if you could not work for several months or needed months of rehabilitative care?
So you see my point.  Make sure you have coverage because once you get into a bad car accident and hire a lawyer; it only makes it worse when there is insufficient insurance coverage. 

If you have been involved in a Car Accident, Trucking Accident or suffered any other personal injury, then call me on my cell phone today,  (888) 450-4909 or email me now, mdp@wadsworth-law.com.

No Recovery, then no Fees or Cost

Saturday, May 21, 2011

Why should you hire an attorney immediately after an accident in which you suffered injuries?

If you have just been involved in auto accident or slip and fall incident, then your first thought should be to seek medical treatment.   However, you may want to consider hiring a lawyer as soon as possible despite the fact it may not be your initial thought.  After someone is involved in an accident, the negligent party and/or their insurance carrier will want to speak with you.  Without representation, you may pigeon hole yourself into a settlement or release that is unfair.  Remember, if they are calling you to discuss the claim, then they are anxious to resolve the case as quickly as possible in the best light for them.

If you have been injured, then you are hopefully receiving the medical treatment you need.  However, you may wonder how your medical bills are going to be paid.  If you have health insurance, then your insurance carrier may be entitled to a right of reimbursement from you if your injuries are the result of someone else’s negligence.  That means they may want you to pay them back.  Also, you may have out of pocket expenses for deductibles and medications.  An experienced personal injury lawyer should be familiar with these circumstances and knows how to negotiate medical bills and work to obtain you a settlement or verdict.

If you have been injured in an auto accident, slip and fall, or the victim of a product defect, then call me, Marc Pacin, Esq., (305) 777-1000 or email me now, MDP@wadsworth-law.com.

Tuesday, May 3, 2011

What are the $10,000.00 in injury benefits you hear so much about on the radio?

It seems like advertisements are everywhere for car accidents, slip and falls and other personal injuries.  The biggest of course being the auto accidents.  Everyone is always asking me what the $10,000.00 in benefits are that they keep hearing about on the radio.  These benefits are called Personal Injury Protection Benefits which you are required to have under your auto insurance policy, if you reside in Florida.  These are often referred to as PIP and/or No-Fault Benefits.  That is because regardless of fault, you are entitled to these benefits under your policy.
Specifically, your PIP is meant for your medical treatment if you are invovled in an automobile accident.  These benefits are also in place should you lose any wages as a result of your car accident.  These benefits are not meant to compensate you for pain and suffering.  However, if you are involved in a serious car accident resulting in signifigant injury, then you medical bills may exceed the amount of those benefits. 
Bear in mind, that your PIP may not be the only source to pay for your medical treatment ,if you were involved in an accident and it was the fault of another person.   You may have grounds to file a lawsuit if your injuries were caused by someone other than yourself.  It is always imporant to contact a well qualified attorney who has experience handling personal injury cases.
If you have been involved in a car accident in Florida, then please call me, Marc Pacin, 305-777-1000 or email me, MDP@wadsworth-law.com.  The initial consultation is free.  No recovery, then no fees or costs.  Main office is in Miami, Florida.

Sunday, May 1, 2011

Curious about Forklift Accidents and finding the right Lawyer in Florida

A forklift is often the most dangerous piece of equipment that can be found in a typical manufacturing facility, warehouse, grocery store, or construction site. Although heavy, its small size makes it prone to falling over on uneven surfaces, and its speed can contribute to collisions with people and property. Proper maintenance and operator safety training are essential to minimize forklift accidents.


Forklift or Powered Industrial Truck safety training is a big issue and it should be; the monetary damages and loss of life that can result from accidents with forklifts are staggering. Payouts for forklift accidents have included $750,000 to a worker who injured his back and another payout for $2.5 million to a victim whose foot was amputated.



1. The forklift tipping over from overloading weight limits.
2. Employees or pedestrians being hit by forklifts.
3. The load falling off of the forklift.
4. Forklifts being used improperly to elevate people - being used as personnel lifts.
5. Forklifts accidentally being driven off loading docks.
6. Forklifts being used with a jib boom. Thus, the forklift is turned into a crane causing the load to swing and either hitting workers or causing the forklift to tip over.
7. Improper or poor forklift maintenance causing a malfunction of the brakes, steering, transmission, or hydraulic system.
8. Missing or malfunctioning safety devices can contribute to a forklift accident.
9. Lack of a roll over protection system which will prevent the forklift operator from being thrown or crushed in the event the forklift tips over.
10. Improper workplace design for forklift operation such as narrow or crowded aisles, a high level of foot traffic where the forklift is operated, vision obstructions, and other workplace conditions such as light and noise are all hazards that may contribute to a forklift accident.
11. Loss of forklift control by the operator.
12. Traveling too fast and causing the forklift to tip over.
13. Improper training.
I am a lawyer handling forklift accidents and injuries throughout the entire state of Florida, with a main office in Miami.  Have a question or need my services, send me an email, MDP@wadsworth-law.com.