Resort Injury Lawyer Blog

In an editorial published yesterday in The St. Petersburg Times, a doctor not surprisingly endorsed the accountability of expert witnesses who could testify against her in a medical malpractice case, while also endorsing the new law that weakens accountability requirements for doctors.

This is hardly a balanced or objective argument.

Dr. Madelyn E. Butler's assertion that the new legislation "makes Florida a friendlier place to practice medicine" is tantamount to saying it's now easier for doctors to make major medical mistakes in Florida that injure or kill patients, and not have to answer for them.

Her perspective is not surprising, given that she is President of the Florida Medical Association. It would not be far-fetched to believe that her opinion is influenced by politics and special interests.

If physician accountability creates a "dangerous medical liability climate," what does the new legislation do for people who suffer catastrophic injuries or -worse- die at the hands of doctors who know their accountability has been limited? Is this not a more dangerous scenario?

Dr. Butler ignores the fact that the independent/conservative studies find that medical mistakes take the lives of 90,000 Americans each year and injure a million. What is most astonishing is that 9 out of 10 medical errors do not end up in a lawsuit or claim. How is it a dangerous climate to create a deterrence to mistakes and provide for compensation of those who are hurt by professional mistakes?

Dr. Butler claims that "Medical liability reforms such as HB 479 will make Florida a better place to practice medicine, positively affecting patients' access to care." She fails to see that care without accountability is unconscionable.

The reform indeed favors doctors, not patients' access to responsible care or to their rights to justice.

By capping damages, the law only punishes those patients who have been most seriously injured by malpractice. By requiring out-of-state expert physicians to obtain certification, it punishes victims because in-state doctors can always find other friendly doctors to testify for them. The patients face a more difficult battle because doctors within the state are often fearful of testifying against other doctors or hospitals, since their livelihood (and reputation and referrals) could be damaged.

The law is bad for everyone except those hospitals and doctors who make mistakes that hurt patients.

Dr. Butler, a practicing OB-GYN, also omits the fact that most OB-GYNs refuse to carry malpractice insurance, thereby guaranteeing that the few who do will pay a huge amount. Insurance is about risk spreading, which is why if only 10 people in a county carry car insurance their premiums would be hundreds of thousands of dollars.

Let me end on this rhetorical question: Do you think it is fair to limit the recovery of a patient who is the victim of a wrong leg surgery... by a doctor who had performed ANOTHER wrong leg surgery just a year before?
I represented a client in just that situation.
Do you think the accountability of the Board of Medicine prevented the second wrong leg surgery?
Do you think that paying a fine and writing an article on wrong leg surgery is the kind of accountability that promotes a friendlier place to practice medicine?
And is "friendly" really what the citizens of Florida deserve or need?
How about safer and accountable?

A tour-bus driver employed by a Florida travel company struck and killed a pedestrian in Midtown Manhattan. The driver registered .083 in a subsequent breath alcohol test, reported the New York Post - more than twice the legal limit of .04 for commercial drivers.

The West Palm Beach man struck a 29-year-old Philadelphian man while driving an L&L Travel tour bus bus with 40 sightseeing tourists on board. Police reported finding an open 1.75-liter bottle of Smirnoff in the luggage compartment, and a silver travel mug nearly emptied of vodka, said the Post.

He is charged with vehicular manslaughter and driving while intoxicated. The victim was reportedly dragged behind the bus for nearly half a block and pronounced dead at Bellvue Hospital. A wrongful death lawsuit could potentially follow.

The driver has a history of traffic violations including three car accidents, speeding, and driving with a suspended license. One accident occurred in Fort Lauderdale when he was driving for All Together Bus Lines, now out of business.

The driver belongs to a Facebook rant group called "I Hate People Who Can't Drive for S--t."

Safety policies and procedures at hotels and resorts are keys to the safety of both guests and employees.

A simple light bulb change in the pool area of the Stonewall Resort and Conference Center in West Virginia resulted in a debilitating foot and ankle injury for a resort-employed electrician, who fell about 20 feet onto concrete, reported the West Virginia Record. The employee claims he received an electrical shock when changing the bulb, causing the fall from an extension ladder.

As a general rule, property owners have a duty to keep their premises in a reasonably safe condition to protect against dangers of which the owner is aware, should be aware, or might reasonably foresee.

Royal Caribbean is being sued by a 17-year old girl who was allegedly raped onboard by a 31-year-old employee of the cruise line, reports the Miami New Times. The singer bought the underage girl several drinks after his band performance, including Jägerbombs, pressuring her to drink the shots, according to the lawsuit.

After several drinks, the singer said he needed to pick up something in his room and asked the girl to go with him. Once there, he allegedly engaged in oral sex and intercourse with the girl. When she said she wanted to leave, he said no, and continued to rape her. Another man arrived later and took pornographic photos of the drunken girl.

Royal Caribbean reportedly took her written statement of the incident when she was still intoxicated, testing .101 blood alcohol content.

The lawsuit also names the bartender who served the girl alcohol and the man who allegedly took photos of the rape.

The cruise was a high school graduation gift to the girl from her mother.

Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. These can involve aspects of hotel and motel safety, cruise ship litigation, pleasure boating and jet ski incidents, amusement, aquatic, diving and swimming incidents, foreign travel and medical emergencies, gaming and casinos, aviation (commercial and general), rental car liability, moped, bicycle and motorcycle safety, buses and tour guides, travel industry liability for crime victims, and medical care provided to vacationers.

Resort Torts can encompass a vast array of types of cases but they all have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities.