Daubert standard rejection for Medical Malpractice cases makes for key future case law in upcoming trials in Florida

Florida Supreme Court Building

The Florida Supreme Court issued an important ruling recently that looks to be turning back scientific evidence admission standards in civil lawsuits to an older, more plaintiff-friendly requirement.

 

In its 4-2 ruling last month, the state’s highest court cited “grave constitutional concerns” as raised by the Florida Bar’s code and rules of evidence committee regarding the more stringent expert testimony admission rules under the Daubert standard that were put in place by the Florida Legislature on July 1, 2013 and endorsed by Governor Rick Scott.

 

The more lenient standard is known as the Frye standard, named after a case in 1923 (Frye v. United States) that was ruled upon by the Court of Appeals of the District of Columbia. The ruling in that case was then adopted throughout the United States and used for the next 70 years. The move to the more stringent Daubert standard happened in 1993 when the U.S. Supreme Court ruled upon the admissibility of expert testimony in the case of Daubert v. Merrell Dow Pharmaceuticals.

 

Currently Republicans hold a majority in the state Legislature and Governor Scott is a Republican, as well. Meanwhile there are 4 Liberal and 3 Conservative leaning judges on the Florida Supreme Court. In this case all 4 Liberal judges voted against the 2013 statute, while 2 of the 3 Conservative judges voted for it while 1 obstained.

 

As was pointed out in several other articles on this ruling, the move by Florida’s Supreme Court here does not definitively resolve the issue. In fact, the court left open the question, to be decided by a “proper case or controversy.” – meaning that it will be decided by a ruling in a future case.

 

At Slinkman, Slinkman, & Wynne, P.A., we know that these types of rulings have a substantial effect on future medical malpractice and other personal injury civil lawsuit cases. We help clients obtain payment for medical bills, lost wages, and pain and suffering due to medical malpractice. If you want to learn more about how to go about hiring the right attorneys for you in a situation where you have been injured by a defective product, then go to http://sswlawfl.com/areas-of-practice/medical-malpractice/. We also specialize in Accident & Serious Injury, Wrongful Death, Defective Products and many other types of legal situations where injury or death has occurred.

 

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE initial consultation.

 

The following articles were used to help in the writing of this article:

http://www.mscesq.com/wp-content/uploads/sites/317/2017/02/sc16-181.pdf

http://www.hptylaw.com/media-publications-florida-supreme-court-rejects-daubert-statute.html

https://blog.expertpages.com/research-trends/florida-supreme-court-rejects-daubert-rule.htm

http://floridapolitics.com/archives/232254-supreme-court-rejects-daubert

http://www.dailybusinessreview.com/id=1202780342439/Florida-May-Be-Reverting-to-Frye-Standard-for-Admissibility-of-Expert-Testimony?slreturn=20170229213337

http://www.jdsupra.com/legalnews/florida-supreme-court-rejects-daubert-64301/

 

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How long do I have to file a personal injury lawsuit in the state of Florida?

a-statute-of-limitation

Like every other state in America, Florida has a law in its statutes that specifically sets a deadline for the amount of time you have to file a lawsuit in our state’s civil courts against the person or business that might be legally at fault for your injuries caused in an accident. This law is called a statute of limitations, and in Florida law this statute can be found in the Florida Statutes Annotated section 95.11.

 

The most important aspect of the statute of limitations for you if you are injured in an accident is that it gives you four (4) years from the date of the accident to file a lawsuit. Otherwise, unless under extreme and very rare cases, the court will almost certainly refuse to even hear your case at all.

 

One important adjunct to the Florida statute of limitations law is that if your injury claims are against either a city, county or state government entity or official your time limit to file is only three (3) years.

 

To read more on Florida’s Personal Injury Laws & Statutory Rules go to: http://www.alllaw.com/articles/nolo/personal-injury/laws-florida.html

 

Our Board Certified lawyers from Slinkman, Slinkman, & Wynne, P.A. are the right lawyers to get you the best settlement that you deserve based upon your unique set of circumstances when you have been involved in an automobile accident, truck accident, boating accident, motorcycle accident, any other vehicle or a slip and fall.  We have been devoted to protecting South Florida families for over 40 years.

 

If a person you care about gets hurt or killed in a car, motorcycle or boating accident, or you simply have a question about a potential personal injury situation that you have not yet had answered and you are not sure whether hiring an attorney is your best plan of action, please call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

 

Your initial consultation with our law firm is free, and we lay out all of your options for you honestly and completely. If we do agree to move forward together you will find that we work tirelessly to help you and/or your loved ones obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where someone you love has been in an accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

 

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com.

Easy-to-follow guide for safe and stress-free holiday light hanging from Slinkman, Slinkman & Wynne, P.A.

holiday-lights

Thanksgiving is in the rearview mirror and we are now officially in the middle of the holiday season. Across Jupiter just like the rest of Florida and the United States people of all ages are decorating their houses with trees, candles, ornaments and of course, lights. Stringing up the lights around your home can be one of the most entertaining activities of your holiday prep work. Particularly here in Florida, where we can sit outside all night and enjoy the light show without freezing half to death.

Unfortunately, it can also be one of the most dangerous.

In order to help you string up your lights as stress-free and safe as possible, here is a step-by-step guide for hanging your holiday lights by Yourself (or with a helper). Make special note that THE FIRST 5 STEPS happen BEFORE you begin the actual work of stringing!

  1. Preparation: Make sure you have assembled the proper tools and materials. Whether you are putting up lights only, or adding in all kinds of extra decorations, having the proper tools to do the job is important. Unfurl the lights and check them to ensure each and every bulb is working. Have extension cords, your hanging tools (clips, adhesive hooks and light-hanging pole) and ladder (if needed) laid out for easy access. We also recommend that you have some sort of timer so that you do not have to worry about turning the lights on and then off yourself every day and night.
  2. Figure out the best lights for your job: better to do this before you start. There are many different types of holiday lighting out there, and it is a good idea if you evaluate the different types and pick the best ones for your home before you start stringing.
  3. Measure: Always measure the areas where you are putting up your lights. You will find it virtually impossible to know how many strands of lights you will need to adequately complete the job without measuring your surface area first.
  4. Evaluate the surfaces you will be securing the lights to: When you think about it, rarely will you be securing the lights to just one surface. There are the roof tiles, gutters, siding/shingles, porches, poles, doors, windows and other surfaces. All of them can have different types of clips. Be forearmed with this knowledge when you are going to purchase the lights so the expert in the hardware store can tell you exactly which type of clip is best for which surface.
  5. Power: How will the lights be connected to your power source, and how much power will they need: This one seems simple enough, but can turn what looks like a straight-forward job into a complicated mess. You want to calculate the power usage because you want to prevent overloading your circuits or blowing a fuse. Just ask Clark Griswold what can happen when you “wing it”.
  6. Stringing: If you have correctly and patiently gone through the first 5 steps, this step should be relatively straight-forward. Of course if you are having to go up high enough that there will be ladders involved, then you should have a spotter if at all possible. Even the most secure ladder can slip or tip over. And chances are you will get injured, maybe quite seriously, if you fall. It is not worth not asking for help.
  7. Turn on the lights and Enjoy (hopefully)! Now comes the time to enjoy the fruits of your labor. If there are any lights not working, re-checking them to make sure they are screwed in correctly. If they are and still not working, then replace them. Put the lights on the timer, and now you get to enjoy your beautiful display every night during the holiday season!

 

The following article was used to help prepare this blog: http://www.christmaslightsetc.com/pages/Hanging-Christmas-Lights.htm

Holiday safety is important to us here at Slinkman, Slinkman & Wynne, P.A. We hope that all of our friends and neighbors here in south Florida are able to enjoy a Happy, Healthy & Safe Holiday Season.

If you need more information for yourself or a loved one regarding a potential personal injury case at any time during the year please contact us at http://www.sswlawfl.com. At Slinkman, Slinkman & Wynne we offer a free initial consultation, and our phone number is (561) 686-3400.

Our main office is in Jupiter and we serve Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida. We specialize in cases involving Defective Products including toys, Wrongful Death & Serious Injury, Medical Malpractice, Slip and Fall, and many other types of situations where injury or death has occurred.

Slinkman, Slinkman & Wynne offers thanks to all of our living military veterans – Happy Veterans Day

veterans-day-picture

We have just come through an amazing presidential campaign, one marked by divisiveness and many twists and turns before ending in a truly amazing outcome where an outsider with no political background is now the President-elect… Whichever way you voted here in the Jupiter, Palm Beach Gardens, West Palm Beach South Florida and Treasure Coast areas, at Slinkman, Slinkman & Wynne, P.A. we hope you did get out and vote. Exercising your right to do so is one of the most important and cherished rights of being an American citizen.

 

Tomorrow is Veteran’s Day – an important day when we honor our living military veterans (Memorial Day honors our military veterans who have passed away), the men and women who help to make our continued freedoms as Americans possible. We thank all of you who are serving or have served in our military! We truly appreciate what you have done for all of us, your families and ours.

 

At Slinkman, Slinkman & Wynne, P.A. we have practiced law in Jupiter, Florida, Palm Beach County, and the Treasure Coast since the early 1970’s. During that time we have been devoted to protecting South Florida families for over 40 years.

 

We limit our practice to serious injury and wrongful death arising out of severe accidents and medical negligence. Those areas of personal injury law we focus on include automobile accidents, boating accidents, motorcycle accidents, defective products and medical malpractice. We look forward to meeting you and fulfilling the needs of you and your family.

 

Contact our Palm Beach law firm using our Case Review Form right on our website with questions about your legal issue. Or, call us directly at (561) 686-3400. Provide a much information as possible regarding your inquiry. While this contact does not serve to establish an attorney/client relationship, it will allow our legal team to begin an assessment of your case. Please note that your initial consultation with our law firm is FREE.

Sobering news: NSC announces that automobile deaths in first half of 2016 increase 43% in state of Florida

car crash accident on street, damaged automobiles after collisio

In its semi-annual report released recently, the National Safety Council announced that distractions while driving combined with lower once again were the leading causes in another significant rise in fatal auto accidents throughout the United States in the first six months of 2016. In the report, the National Safety Council said that approximately 19,100 motor vehicle deaths occurred from January through June of this year – an increase of 9% from the same period in 2015. That also puts the U.S. on pace to have more than 40,000 automobile accident fatalities by the end of the year; the first time we have exceeded that number since 2007.

Even worse for us Floridians, that same report also stated that driving-related deaths in Florida were up a whopping 43% over last year. This jump comes on the back of significant increases in both 2015 and 2014. Florida was one of only three states to have more than 1,000 deaths in the first half of the year, and has the 5th largest increase of any state in the country. Only Vermont, Oregon New Hampshire and Idaho have seen a higher rate of increase in the death rate.

As quoted in an article in the Insurance Journal, “Our complacency is killing us,” said Deborah A.P. Hersman, president and CEO of the National Safety Council (NSC). “One hundred deaths every day should outrage us. Americans should demand change to prioritize safety actions and protect ourselves from one of the leading causes of preventable death.”

To read the entire article go to: http://www.insurancejournal.com/news/national/2016/08/24/424297.htm

At Slinkman, Slinkman & Wynne, P.ASlinkman, Slinkman & Wynne, P.A. we agree with the NSC President and CEO that as Floridians and Americans we need to figure out how to reverse this trend immediately. If you are injured in an auto accident because the other driver was distracted or otherwise impaired, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents, motorcycle accidents and fatal accidents involving all types of vehicles unfortunately happen all the time. If you are in an accident and need any type of legal help then you should contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

The Samsung Galaxy Note 7 – the utter disaster that a defective can be for a company

Samsung Galaxy Note 7 issues with phone, battery problems on smart phone
Samsung Galaxy Note 7 issues with phone, battery problems on smart phone

At Slinkman, Slinkman & Wynne we believe that one of our most important duties as an active member of the Jupiter, Palm Beach County and Treasure Coast communities here in Florida is to provide pertinent information and guidance to our fellow citizens on a variety of legal topics. One of those topics that has taken center stage in the media once again is a defective product from an easily-recognizable international company: Samsung.

Of course we are referring to their recently-released Galaxy Note 7. The problem with these smartphones is that their catching on fire, or exploding due to an apparent faulty battery pack. The issue so serious that Samsung has done everything it could to get in front of this issue – offering free exchanges to everyone who brings in their Galaxy Note 7, no questions asked.

In addition, according to a multitude of reports from a variety of news outlets including our own Channel 12, Samsung has also recalled all of the phones it has shipped to the U.S. that have not yet been sold – bringing the total of recalled phones to as high as a staggering 2.5 million units, so far.

To view the entire video piece, go here: http://cbs12.com/news/local/samsung-recalls-galaxy-note-7-replacement-phones-available

Further complicating an already horrible situation for Samsung, the replacement phones the company promised to those who already purchased the phone have not arrived here in the U.S. yet, and Samsung has yet to release a revised time table. In addition, several people who allege their phones have already caught fire and have suffered injury as a result are suing the company. One such story of a man who says his phone exploded while he was in a Costco store in Palm Beach Gardens on September 9th has been well publicized, including an article in the national news magazine Fortune.

http://fortune.com/2016/09/16/man-sues-samsung-galaxy-note-7/

 

People do get hurt every day while using cell phones, appliances, equipment and even toys that assist us in living our lives on a daily basis. Sometimes these injuries are 100% due to user error, or alterations made to the products leading to accidents because of improper usage. Sometimes, as in the case of the Samsung Galaxy Note 7, the defective product itself is partially or fully to blame for you or your loved one getting injured.

Instead of trying to figure out how to get some type of settlement out of the manufacturer or their high-powered, expensive lawyers who are paid to keep as much money from you as possible, come to Slinkman, Slinkman & Wynne, P.A. We are a law firm who has well over four decades of experience helping our clients receive the maximum amount of compensation they deserve for injuries, medical bills, lost wages and pain and suffering due to defective products.

 

At Slinkman, Slinkman, & Wynne, P.A., we know that any product may cause injury or death, including a smartphone. Even if the defect is not due to any negligence on the part of the manufacturer, the manufacturer can be held responsible for any damage caused by the defective product. The retailer may also be viewed are partially responsible for having sold the defective product. A claim can even be brought against the person or company that was involved in distributing the defective product.

If you want to learn more about how to go about hiring the right attorneys for you if you have a potential defective product case, then go to http://sswlawfl.com/areas-of-practice/defective-products/. We also specialize in Accident & Serious Injury, Wrongful Death, Medical Malpractice and many other types of legal situations where injury or death has occurred.

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE initial consultation.

Slinkman, Slinkman & Wynne, P.A. definitions: implications of the legal definition of a “Wrongful death”

wrongful-death

Most people have a general idea of what the term “wrongful death” means. In layman’s terms, for someone to die a wrongful death a person’s death is unnaturally caused by another person’s negligence or during the act of another crime.

The following excerpt comes right from law.com:

Wrongful Death –

“the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an intentional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder. Wrongful death is the basis for a lawsuit (wrongful death action) against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. Thus, a child might be entitled to compensation for the personal loss of a father as well as the amount of financial support the child would have received from the now-dead parent while a minor, a wife would recover damages for loss of her husband’s love and companionship and a lifetime of expected support, while a parent would be limited to damages for loss of companionship but not support. A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (family members).”

To read the entire definition go to: http://dictionary.law.com/Default.aspx?selected=2268

The definition is straight-forward and relatively easy to understand. There are important explanations described in this definition, however that have direct implications for those who are left behind in the wake of a wrongful death.

  1. A child may be entitled to compensation for both the personal loss of a parent AND for the financial support he or she would have received while a minor (usually the age of 18, but can be deemed longer).
  2. A wife may be entitled to additional compensation for the loss of her husband’s love, companionship AND expected financial support.
  3. A parent is limited to damages for loss of companionship, but NOT for any financial support (accept in special cases where the child has already been established as the financial provider for the parents – and even this type of case has contingencies).
  4. A lawsuit for wrongful death maybe filed by a variety of entities involved:
    1. The individual beneficiaries
    2. The executor of the deceased’s estate
    3. The administrator of the deceased’s estate

If you have lost a loved one that was caused due to the negligence of another, we understand that it can be complicated trying to figure out your legal rights. Slinkman, Slinkman & Wynne, P.A. can help. We can help you file a wrongful death claim against the responsible parties. And we work with you until your case is resolved.

At Slinkman, Slinkman, & Wynne, we understand that a Wrongful Death can occur without warning. Whatever happened, we also know that it is tragic for all of the loved ones left behind. We help our clients obtain payment to cover funeral expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how to go about hiring the right attorneys for you in a situation where someone you love has wrongfully died, then go to http://sswlawfl.com/areas-of-practice/wrongful-death/. We also specialize in Accident & Serious Injury, Medical Malpractice, Defective Products and many other types of legal situations where injury or death has occurred.

Whether you are in West Palm Beach, Jupiter, Stuart, Palm Beach Gardens or any other place in Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne, where we have been devoted to protecting South Florida families for over 40 years.

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com.