Hardesty, Tyde, Green & Ashton, P.A. blog

Hospital Workers Are Not Reporting Errors in Patient Care

2012-01-10T08:18:00.002-05:00

One of the most important ways to improve patient care in any hospital is for employees to report harmful mistakes that occur in treatment. Other businesses regularly use these techniques to improve efficiency and safety but it apparently is not happening with any frequency in hospitals. In a recent report involving Medicare patients issued by the Department of Health and Human Services, the inspector general noted that most adverse events in hospitals which affected Medicare patients were not being reported by employees. These events included medication errors, bedsores, excessive bleeding caused by overuse of blood thinners, infections, etc. Some of these events resulted in patient death. Medicare estimates that 130,000 Medicare patients suffered adverse events in hospitals in a single month last year.

As a result of this study, Medicare is developing a new list of reportable events which hospitals and their employees are required to report. The hope is that if employees are encouraged by hospitals to report these events, the hospitals can make necessary policy changes to make care safer for everyone. To date, few hospitals have instituted changes after adverse events are reported. For all of our safety, this has to change. A 1999 report from the Institute of Medicine estimated that 98,000 Americans die each year from hospital errors and more than a million are injured.

Will a vocational expert be at my Social Security disability or SSI hearing?

2012-01-05T20:48:00.003-05:00

In this video, Jacksonville attorney Marc Hardesty explains the role of vocational experts at Social Security disability or SSI hearings.

Who can sue in a Florida birth injury case?

2012-01-05T20:43:00.001-05:00

Jacksonville attorney Frank Ashton discusses who can sue in a Florida birth injury case.

How many different types of Social Security disability benefits are there?

2012-01-05T20:38:00.002-05:00

Here, Jacksonville attorney Michael Tyde discusses the different types of Social Security disability benefits.

Do I have to be permanently disabled to get Social Security disability benefits?

2011-12-26T22:51:00.003-05:00

Jacksonville attorney Marc Hardesty discusses whether you have to be permanently disabled to get Social Security disability benefits.

Am I entitled to past-due benefits?

2011-12-26T22:46:00.002-05:00

In this video, Jacksonville attorney Michael Tyde explains how Social Security determines if you are entitled to past-due benefits.

Do most patients realize that medical malpractice has occurred?

2011-12-26T22:30:00.002-05:00

Here, Jacksonville attorney Frank Ashton discusses whether most patients realize that medical malpractice has occurred.

How does Social Security determine if I am disabled?

2011-12-20T21:38:00.001-05:00

In this video, Jacksonville attorney Marc Hardesty explains how Social Security determines if you are disabled.

What happens after a Social Security disability hearing has been held?

2011-12-20T21:31:00.002-05:00

Jacksonville attorney Michael Tyde discusses what happens after a Social Security disability hearing has been held.

If I suspect assisted living center abuse what can I do?

2011-12-20T10:17:00.002-05:00

Jacksonville attorney Frank Ashton explains what you should do if you suspect assisted living center abuse.

Are Mental Illnesses a Basis for Social Security Disability Claims

2011-12-05T08:34:00.002-05:00

Jacksonville Social Security Disability Attorney Marc Hardesty answers the question whether mental illnesses are the basis for Social Security Disability claims.

Are there limitations to damages in a Florida birth injury case?

2011-12-01T12:09:00.002-05:00

In this video, Florida medical malpractice attorney Frank Ashton discusses the limitations to damages in a Florida birth injury case.

Are there time limits to sue for birth injuries under Florida law?

2011-11-28T09:21:00.005-05:00

In this video, Florida medical malpractice attorney Frank Ashton answers the question whether there are time limits to sue for birth injuries under Florida law.

Are Punitive Damages Available in a Florida Birth Injury Case?

2011-11-28T08:58:00.002-05:00

In this video, Florida birth injury attorney answers the question whether punitive damages are available in a birth injury case.

Are witnesses important in Florida medical malpractice cases?

2011-10-24T13:48:00.004-04:00

In deciding if you have a Florida medical malpractice case, it is important to have various witnesses to testify on your behalf. Florida attorney Frank Ashton explains why:

State of Florida Sovereign Immunity Cap Increased

2011-10-05T12:11:00.001-04:00

Sovereign immunity is the law that allows State of Florida governmental entities/ agencies to limit their exposure to injuries or damages and even death caused by a state entity/ agencies negligence. The limit for many years has been $100,000.00 per individual and $200,000.00 per incident.

This amount has now been increased to $200,000.00 per individual and $300,000.00 per incident for causes of action that occur after October 1, 2011. The per incident cap is the limit of funds to be paid by the state regardless of how many people were injured or killed. While the increase in these caps is a step in the right direction it is still woefully insufficient to handle significant losses.

One remedy to exceeding these caps is the cumbersome and politically charged filing of a "claims bill" that requires debate and passage through the state legislature and is not vetoed by the Governor. If you or a friend or family member have been injured by a governmental agency please contact us for a free consultation.

Hospital Privacy Curtains Can Cause Infections

2011-09-29T10:26:00.003-04:00

Hospitals not only provide lifesaving treatment to some patients but they also cause serious illnesses and infections in other patients. Obviously, sick people go to hospitals for care. When they do so, they bring with them the disease or organism that is causing their illness. One of the most important things a hospital can do is to have an effective infection control program to prevent other patients or hospital workers from being infected by sick people coming in for treatment.

A recent study by the University of Iowa Hospitals demonstrates that one of the sources of serious infections may be the privacy curtains that are used to separate patients and provide privacy for examinations. These curtains are routinely opened and closed by both hospital personnel and visitors many times a day. Swab cultures taken by University of Iowa researchers indicate that these curtains frequently contain dangerous organisms, including staph aureus and enterococci. Some of these organisms, such as MRSA and VRE are even resistant to most available antibiotic treatments.

It is very important for hospitals to take down these curtains and wash them at least once a week. In the study, 12 of 13 privacy curtains tested had been contaminated within 1 week. In many hospitals, however, there is no policy requiring washing or replacement of the curtains that frequently. Hospital workers and visitors should also understand that they must wash their hands every time they touch these curtains or they risk transferring dangerous disease-causing bacteria to themselves or patients.

Proud Sponsor of the St. Johns Riverkeeper Oyster Roast in November

2011-09-24T06:33:00.000-04:00

Hardesty, Tyde, Green & Ashton have been sponsors since its inception 10 years ago. This event raises funds to protect the St Johns River which has been named one of the American Heritage Rivers due to its importance to the people of the United States and the importance it has regarding our environmental health. The St Johns River is the largest economic engine in Northeast Florida and provides the basis for our quality of life in this area. The Riverkeeper Oyster roast is a huge success each year and we are looking forward to another great event. Marc Hardesty has served on the Riverkeeper Legal board since its creation 6 years ago and our firms commitment to the organization is solid. To learn more about the Oyster Roast event and how you can get involved with the Riverkeepers click on the highlighted hyperlinks contained herein.

Many Kids Are Being Poisoned with Prescription Drugs

2011-09-23T08:39:00.002-04:00

A recent report in the Journal of Pediatrics indicates the number of children being poisoned with prescription drugs is actually increasing despite efforts to package the drugs more safely. Studies performed by Cincinnati Children's Hospital and University of Cincinnati researchers indicate over 500,000 children age five or less had to be taken to Emergency Rooms because of suspected prescription drug poisoning during the period 2001 - 2008. This was a 22% increase over the prior seven year period.

The drugs most likely to cause the need for ER visits were opoids, sedatives and cardiac drugs. Obviously, it is important to keep these medications out of reach of young children. Drug manufacturers and pharmacies, however, also need to do a better job of developing and using packaging which prevents a young child from getting access to a dangerous drug that is inadvertently left within his/her reach.

Massive Recall for Unsafe Ford Trucks

2011-09-10T08:36:00.000-04:00

The National Highway Traffic Safety Administration announced that it is issuing a recall over one million Ford trucks due to defective fuel tank straps. The straps used to secure the actual gasoline or diesel tanks have a failed on a number of situations due to corrosion causing the straps to break. This design failure has been the source of severe injury and death. The models involved in the recall include Ford F-150 model years 1997 - 2004; Ford F-250 models with a gross vehicle weight rating less than 8500 pounds that were built between 1997 and 1999 and the Lincoln Blackwood series including the model years 2002 -2003. Owners of these vehicles should contact their local dealership and schedule this important safety repair that is free of cost.

Safety Flaws in Tractor-Trailers Can Be Deadly

2011-09-02T09:09:00.001-04:00

Collisions between tractor-trailer trucks and smaller vehicles can be devastating. This is even more so when safety features of trailers are found to be faulty. A recent study by the Insurance Institute for Highway Safety (IIHS) has found that a key safety feature on the back of trailers, under-ride guards, is not functioning as it should.

Under-ride guards are designed to prevent smaller vehicles from sliding underneath a trailer in situations where the smaller vehicle crashes into the rear of the trailer. However, the IIHS has found that these under-rides often buckle or break when impacted. The IIHS has now petitioned the National Highway Traffic Safety Administration to require stronger under-ride guards.

It is estimated that under-ride kills over 400 people each year and injures over 5,000. Unfortunately, even modern vehicles that are designed to withstand significant front impacts are susceptible to under-ride. The IIHS recently performed six crash tests where vehicles with dummies were crashed into the rear of parked trailers. The dummies’ heads made contact with the trailer or hood of the vehicle in three of the tests. In the real world, this could result in decapitation.

If you are someone you know has been injured in an accident involving a tractor-trailer, give one of our experienced trucking accident attorneys a call today.

Temporary Staff in Emergency Rooms Leads to More Medical Malpractice

2011-08-31T19:09:00.002-04:00

A recent Johns Hopkins study published in the July/August issue of the Journal for Healthcare Quality reports that there are significantly more medication errors which lead to patient injury in hospital emergency rooms which employ temporary staff. The study examined almost 24,000 medication errors which occurred in 592 hospital emergency rooms across the country. In those emergency rooms which employed temporary workers, including doctors and nurses, the rate of medication error was twice as high as in emergency rooms which used a permanent staff. While the reasons for this are not entirely clear, lack of familiarity with hospital procedures could account for much of the problem.

If you are a patient in an emergency room, you need to be aware that new, temporary employees can make mistakes which can have life-threatening consequences. If something the nurse tells you doesn't seem to be right or doesn't seem to agree with what the doctor told you, you need to question things promptly. Ask to speak to the doctor again to clarify whether the medications you are being instructed to take have been prescribed by the doctor. If you believe you have suffered injury as a result of receiving improper medications, contact an experienced medical malpractice attorney immediately to discuss your case.

FDA Issues Warning on Use of Surgical Mesh for Repair of Pelvic Organ Prolapse

2011-07-20T09:17:00.002-04:00

On July 13, 2011 the Food and Drug Administration issued a warning to women regarding serious complications which have been reported resulting from use of transvaginal mesh to repair pelvic organ prolapse (POP). This is the second FDA warning on this issue in the last 3 years.

The surgical procedure involving mesh is commonly referred to as a bladder sling or pelvic sling. POP occurs when supporting structures for pelvic organs including the bladder, uterus and rectum weaken or stretch and the organs bulge (prolapse) into the vagina. Symptoms associated with POP can include pain, difficulty urinating, incontinence, problems with intercourse, etc. The FDA estimates 30-50% of women may develop POP in their lifetimes, although only a small percentage actually have symptoms.

In the last 10-15 years, some doctors have used transvaginal (through the vagina) placement of surgical mesh to support the vaginal wall to help alleviate the bulging of the organs into the vagina. The problem with this procedure, however, is that it can result in serious complications which may be irreversible. Between 2008 and 2010thousands of women have reported complications to the FDA from this surgery. The most commonly reported complications include erosion of the mesh through the vagina causing pain, infection, bleeding, pain during intercourse, organ perforation and urinary problems. The FDA has now reported that there is no clear evidence that use of transvaginal mesh is better than other types of surgery and, further, that the use of mesh may expose patients to greater risks than conventional surgery. Consumer groups, including The Public Citizen, have placed transvaginal mesh on their "Do Not Use" list.

The mesh used in these procedures has been manufactured by many different companies and includes mesh products known as Bard Avaulta, Ethicon Gynecare Gynemesh, Prolene Mesh, Prolift, TVT sling, AMS Sparc, Elevate, Apogee, Perigee, Monarc sling systems and others. Even though the significant risks associated with these procedures have been known for some time now, both the mesh manufacturers and frequently physicians have not been properly advising patients about them. The results for some women have been catastrophic.

If you have had problems with a transvaginal surgical mesh repair of POP, you should do two things. First, notify the FDA of the problem by filing a voluntary report through MedWatch, the FDA Safety Information and Adverse Event Reporting program. Second, contact an experienced medical malpractice attorney to discuss your problem and potential legal options. We would be happy to provide you with a free consultation.

Scalding or Burn Injuries

2011-07-06T12:59:00.000-04:00

The scarring from a serious burn injury can be devastating to include disfigurement, loss of range of motion, skin pigment changes, alteration of hair growth patterns, hypersensitivity to touch as well as abnormal sensitivity to temperature or exposure to the sun and common everyday household products and clothing. Children, Senior Citizens and people with physical or mental disabilities are most susceptible to these injuries. Generally the most common causes are when a product fails such as a hot water heater, iron or carpet cleaner due to its design, installation and/or maintenance. The other common cause is due to the negligence of a caregiver not monitoring the water, or in some cases steam, that a person is exposed to such as burning someone in a scalding shower or bath in a hospital, nursing home facility or day care business. If you, a family member or friend have suffered a burn or scalding injury please contact us immediately so that we can begin the necessary investigation and preservation of evidence required in these cases.

New Movie "Hot Coffee" on HBO Monday 9pm

2011-06-24T17:18:00.000-04:00

HBO is showing a very interesting movie Monday evening "Hot Coffee" that discusses the infamous McDonald's case where a lady was burned by hot coffee. The film discusses the true facts surrounding the case and the true motivations that led to its exploitation by the insurance industry. Check out this link to learn more and view the preview. http://hotcoffeethemovie.com/

Illegal DUI Arrest Cannot Result in Drivers License Suspension

2011-06-14T10:03:00.000-04:00

The Florida Supreme Court ruled that a persons drivers license cannot be suspended when the only basis for the suspension is an illegal arrest by the police and the driver refuses the breath alcohol- detection test. The implied consent law requires all drivers to agree to a breath, blood and/or urine test when there is "reasonable suspicion" that the driver of a motor vehicle is doing so when his or her "normal faculties are impaired." This ruling regarding Driving Under the Influence (DUI) arrests will require hearing officers with the Department of Highway Safety and Motor Vehicles to consider the legality of the arrest and will allow defendants to put forth evidence regarding the DUI arrest. Prior to this ruling the Department of Highway Safety and Motor Vehicles would almost always suspend licenses due to a driver refusing the test. If you have a DUI or other criminal charge please contact us to discuss your case.

Preventing MRSA Infections in Hospitals

2011-06-09T10:17:00.002-04:00

Methicillin Resistant Staphylococcus Aureus (MRSA) infections are one of the most dangerous infections patients can get when hospitalized. In some cases they resist all available drug treatments and result in patient death. One of the simple ways to help prevent spreading of this disease to new hospital patients is to isolate the infected patients from those who are uninfected. This is routinely done in European hospitals but is not commonly done in the U.S. In 2002, following the practice adopted at many European hospitals, the Pittsburgh Department of Veterans Affairs Medical Center introduced a procedure which involves taking a swab from the noses of newly admitted patients and testing this for MRSA. Patients who test positive are immediately isolated from uninfected patients. This procedure makes it much easier to prevent the spread of the infection. At the Pittsburgh VA hospital, following this practice reduced the spread of MRSA infections by 59%. Some hospitals using the same procedure have lowered their MRSA infection rates even further.

This simple, inexpensive procedure can help dramatically reduce the spread of a potentially deadly infection within the hospital. Every U.S. hospital should consider utilizing such a common-sense method.

Equitable Distribution of Social Security Benefits

2011-05-24T10:39:00.003-04:00

In a recent family law case, the Florida First District Court of Appeal ruled that a court cannot equitably distribute a spouse's social security benefit as a marital asset. The court cannot even value the benefit and consider it as a marital asset to "indirectly" divide it by awarding the other spouse other assets to offset it. The First District Court held that actual Social Security Benefits are not subject to equitable distribution pursuant to 42 U.S.C. section 407(a).

For questions regarding family law issues contact Hardesty, Tyde, Green and Ashton.

Criminal Pleas and Deportation Consequences

2011-05-02T11:05:00.000-04:00

A Florida District Court of Appeal has concluded that it is ineffective assistance of counsel for an attorney to advise a client that a criminal plea "may" have deportation consequences when it "will" result in deportation. The Court opined that the warning in Florida Rule of Criminal Procedure 3.172 (c) (8) is insufficient to bar an immigration-based ineffective assistance of counsel claim.

Establishing Visitation for Fathers Not Married to Baby's Mother

2011-04-26T11:37:00.000-04:00

The father of a child who was never married to the mother of his child often has to take legal action to be able to have visitation with his baby. Usually this involves legally proving that he is the biological father of the child through a paternity action and then establishing a parenting plan to enable him to spend time with his child.

Hardesty, Tyde, Green and Ashton can help, call for a free consultation today.

Establishing Support for Mothers Never Married to Baby's Father

2011-04-20T11:30:00.004-04:00

Unwed mothers often need legal assistance to establish Court ordered child support from their baby's daddy. Many times this requires a paternity action to legally establish paternity before the Court can order support. Once paternity is established the Court can order the father to pay support to the mother for their child.

Job Searches and Sealing and Expunging Criminal Records in Florida

2011-04-13T14:58:00.005-04:00

Many clients involved in a job search ask whether their criminal history can be sealed or expunged. Florida law provides a method to do so. A case can only be expunged if the case was dropped entirely. If the sentencing Court withheld adjudication often the record can be sealed. A person who was "adjudicated guilty" cannot have their record sealed or expunged.

A denied job often leads a client to seek to have a criminal record sealed or expunged. Many do not realize that the process can take weeks. For this reason it is often best to seek the sealing or expunction before the job search begins.

Are Divorce Costs Tax Deductible?

2011-04-13T13:55:00.005-04:00

Divorce clients often wonder how much of the costs of their divorce is tax deductible. The answer is "not much." The costs of attorneys and other professionals with regard to settlement of child time sharing, child support and property is not deductible. Neither are costs paid on behalf of the former spouse for their attorney of professional fees unless it meets the requirements of deductible alimony as outlined in the Internal Revenue Code. What else is deductible? Often costs of tax advice related to divorce, fees paid to collect alimony, fees to determine estate tax consequences of a property settlement and professionals' fees (such as appraisers and actuaries) if the services were performed to assist in obtaining alimony or to determine the correct amount of tax can be deducted for tax purposes. The various professionals involved may need to bill specifically enough that the client can claim such benefits.

Family Law "Recession" Issue - Refinancing Home

2011-04-05T13:52:00.002-04:00

In the recent Ferguson case the parties reached a mediated settlement on August 8, 2008, in which the husband was to refinance the home and pay the wife $185K in a very short time. As we know the next month the real estate market/economy tanked. The husband refused to perform. The trial court voided the section of the settlement agreement based on the doctrine of impossibility. The appellate court reversed. The court was unsympathetic about the economic collapse of the country and held that dramatic decline in the economy and real estate market are not unanticipated circumstances that fall within the doctrine of impossibility. The husband was still bound by the terms of the agreement.

Frank A. Ashton, Esq. Appointed To the Florida Statewide Judicial Nominating Commission for the Workers’ Compensation Judiciary.

2011-04-04T11:05:00.001-04:00

Tallahassee, Florida: Frank A. Ashton was selected by the State of Florida to serve on the Commission that reviews and recommends candidates seeking to serve as Judges for Workers Compensation Claims. Mr. Ashton who is a senior partner with the Jacksonville and Jacksonville Beach, Florida law firm of Hardesty, Tyde, Green & Ashton, P.A. focuses his work on Medical Malpractice claims and Serious Personal Injury Cases. Mr. Ashton possesses vast trial experience to include numerous multi million dollar jury verdicts and settlements in civil cases as well as successfully prosecuting numerous felony criminal cases to include 1st Degree Murder while serving as a Felony Division Chief with the State Attorney’s office.

Frank Ashton’s academic record is equally impressive having graduated from the University of Florida Law School in 1986 with High Honors and serving as an editor of Florida’s Law Review. Mr. Ashton’s life experiences also include a career in the United States Navy as a surface warfare officer both on active duty and in the reserves wherein he honorably served over 20 years and retired as a Commander (05).

Mr. Ashton upon learning of his selection as a commissioner, stated: “ I am honored to be selected from a group of applicants that possessed outstanding credentials and experience. The mission of this Commission is to nominate and re- nominate Judges that possess the highest ethical standards and above all will apply the law fairly. The working citizens of Florida deserve nothing less. My job will be to do that to the best of my ability and I assume this responsibility without reservation.” Mr. Ashton’s 4 year term begins with the April 18, 2011 Commission meeting in Orlando, Florida.

Family Law Timesharing of Children

2011-03-28T16:50:00.002-04:00

Voluntarily allowing more timesharing is not a basis for modification of a prior timesharing order. A change of circumstances must be based on a substantial, material and unanticipated change of circumstances and must be in the best interest of the children. Voluntarily allowing the other parent more time share than as provided in the Court's previous order is insufficient for a modification even if in the best interests of the children. Courts do not want to discourage voluntary changes.

FDA Warns Mothers' Use of Topamax Can Cause Cleft Palate in Newborns

2011-03-07T10:47:00.002-05:00

The FDA has just issued a warning that a mother's use of the anti-epilepsy drug Topamax (generic name topiramate) in the first trimester of pregnancy can triple the risk of her unborn child developing certain birth defects. These defects include cleft palate, a condition where the child's upper lip does not properly develop leaving a gap between the lip and the nose.

A woman of child-bearing age should carefully weigh the risks/benefits of using Topamax and discuss these with her doctor. If you are using Topamax currently, you should not stop using it without consultation with your physician as abrupt discontinuation can cause serious health risks. If you are taking this drug and have had a child who was born with cleft palate, you should consider talking with an experienced medical malpractice attorney.

Courts Martial Victory, Petty Officer found Not Guilty

2011-03-02T13:42:00.000-05:00

1 March 2011, Jacksonville, Florida:

A military jury found a Petty Officer Not Guilty of Article 112a,Wrongful Use of a Controlled Substance. The all officer Naval jury at Naval Air Station Jacksonville ( NAS JAX) deliberated less than 10 minutes in delivering its verdict and fully aquitting the sailor of any violation of the law. Frank Ashton, Ret. CDR USNR, Marc Hardesty, Ret. LTC USAR and Lt. Brandon Sargent, USN represented the sailor who had tested positive during a routine urinalysis.

The complex defense consisted of evidence presented by Dr. Bruce Goldberger, a professor of Toxicology at The University of Florida and by a senior toxicologist and chemist from the United States Navy Drug Laboratory. The defense team offered evidence that the Petty Officer had unknowingly consumed food that had been laced with hash oil which in turn cause a positive urinalysis for the metabolite THC. The acquittal certainly saved the sailors career as well as prevented a criminal record.

The value of an experienced defense team is critical to a successful outcome in any military proceeding. Our firm has represented many service members from all branches of the service in General and Special Courts Martials and Administrative Seperation Boards. We are almost always selected by clients due to our trial experience and results. If you have been charged with a violation of the UCMJ it is critical that you speak with an attorney that has substantial trial and Judge Advocate training. Proceedings in a Military Court are significantly different than proceedings in State and Federal Courts.. Please contact us if we can help. You defend America, We defend you.

Workers Compensation

2011-02-22T13:36:00.002-05:00

For many years the law firm of Hardesty, Tyde, Green & Ashton, P.A. have steadfastly defended the rights of working men and women that have been victimized by the workers compensation carrier. Amazingly some of the worst cases of abuse have happened to law enforcement officers, fire fighters and Jacksonville City employees. Our firm has aggressively represented hundreds of public safety personnel against the City of Jacksonville Division of Risk Management. Our success is well recognized and was the subject of a comprehensive 3 part investigative series by First Coast News. To view the entire series click below or go to the “News” portion of our website. If you have been injured in an on the job accident let us put our experience to work for you. Contact us and we will be glad to discuss your case.

FCN Investigates: COJ Playing Favorites, Spending Thousands on Workers' Comp Docs?

FCN Investigates: COJ Worker Denied Medical Care after Iraq Deployment

FCN Investigates: City of Jacksonville Spends to Spy, Won't Pay for Health Care

Breast Biopsy Surgery Is Used Too Often

2011-02-22T11:31:00.003-05:00

A recent Florida study has found that breast biopsy surgery is being used far too frequently instead of minimally invasive needle biopsies for detection of breast cancer. http://www.ajsfulltextonline.com/article/s0002-9610(10)00611-2/abstract. Many women will have abnormal mammograms or can physically detect a lump in their breasts at some point in their lives. According to medical guidelines, surgical biopsy of these areas should occur in no more than 10% of all cases. Minimally invasive needle biopsies are the preferred method of investigation in 90% of these cases. The advantages of needle biopsy are that there is only a tiny incision, with minimal or no scarring, which requires only localized numbing of the area instead of more significant anesthesia. Additionally, needle biopsies are far less expensive than surgical biopsies.

Despite these clear advantages, a recent study published in the American Journal of Surgery based on over 172,000 biopsies demonstrates that Florida doctors are performing surgical biopsies in 30% of these cases. This is 3 times the expected rate based on medical guidelines. The New York Times has reported, based on interviews with several doctors, that surgeons may be doing surgery because they do not earn a fee if they refer the patient to an anesthesiologist to perform the needle biopsy. http://www.nytimes.com/2011/02/19/health/19cancer.html?_r=1. The cost of surgery instead of needle biopsy is estimated in the Florida study to have increased medical expenses by more than $37.2 million per year. The individual cost to women who have to accept more serious medical risks associated with anesthesia and surgery and who have to endure potentially significant scarring and breast deformity thereafter, may be even greater.

Medical Errors Cost Hospitals Billions Each Year

2011-02-08T17:53:00.002-05:00

Medical errors still continue to plague hospitals, with total costs running into the billions of dollars each year. An independent study by the health care ratings company HealthGrades puts the number of medical errors at over 950,000 per year, with close to 100,000 deaths. Healthgrades estimates the cost of these medical errors was almost $9 billion from 2006-2008. Other health care study groups put these numbers even higher. For example, the Society of Actuaries estimates that the number of medical errors in hospitals exceeded 1,500,000 in 2008, with associated costs of $19.5 billion.

We believe decreased staffing levels, particularly of nursing and support personnel, are one of the major reasons for these medical errors. If you believe you have been injured because of a medical error or medical malpractice at a hospital, please give us a call for a free consultation.

Cold Weather Brings Fire Danger

2010-12-08T05:26:00.000-05:00

The results are unfortunately predictable, but when the weather turns cold the use of space heaters goes up, and so does the danger of house fires. Every year homes are damaged or worse yet, lives are lost, due to malfunctioning portable heaters http://www.jaxlegal.com/product_liabilty.html. If you or a loved one have suffered injury due to heater not operating properly it is vitally important that the heater parts that remain be saved and that a complete investigation be conducted to determine the cause of the fire and injury.

Mayo Clinic Announces 2,100 More Patients at Risk for Hepatitis C

2010-09-22T09:36:00.001-04:00

The Mayo Clinic Jacksonville , Florida facility announced yesterday September 21,2010 that there are an additional 2,100 patients that need to be tested for possible exposure to the potentially deadly Hepatitis C virus. The first announcement on September 14, 2010 by Mayo Clinic encompassed over 3,500 patients. This latest announcement indicates that over 5,600 patients came into contact with a radiology technician that was injecting himself with a pain medication Fentanyl. This medication was supposed to be used for the patients comfort during certain radiology procedures. However, the Mayo Clinic employee after injecting himself with the drug then filled the syringes with saline solution and injected patients using the same needle and syringe and spreading the Hepatitis C virus to some patients. If you or a loved one are notified that you are at risk it is critical that you act quickly to determine whether you have been infected by getting a blood test from an independent lab in addition to the testing that Mayo Clinic is offering in their correspondence. Please click here to read more about this situation and contact our firm if you have questions. If you live outside the Northeast Florida area please use our toll free number (877) 398-2212.

Mayo Clinic Sending Thousands of Patients Notice of Hepatitis C Potential Exposure

2010-09-15T06:23:00.000-04:00

The Mayo Clinic in Jacksonville, Florida is sending out over 3500 certified letters to patients that may have been exposed or infected with the deadly Hepatitis C virus. The basis for the letters are the result of a Mayo Clinic drug addicted radiology technician using syringes and needles for the treatment of patients to inject himself with pain medication and then injecting saline into many patients. Currently the focus is on patients that came into contact with this radiology technician from 2004 to August of 2010. The initial investigation has uncovered over 3500 potentially exposed patients or the families of patients that are deceased. If you have received a letter regarding this matter please contact us immediately for a free consultation to understand your rights.

DePuy ASR Hip Implant Recall

2010-09-08T15:21:00.002-04:00

The Depuy Orthopedics division of Johnson & Johnson has just announced that it is recalling components used in some of its hip implants because of a high rate of failure and need for repeat surgery. Many people receiving these implants have reported pain, swelling or problems walking. It is estimated that over 93,000 patients will be affected by this recall. The recall includes the DePuy ASR Acetabular System and the DePuy ASR Hip Resurfacing System.

If you have had one of these systems implanted or if you are unsure of the type of device implanted but are experiencing hip pain, swelling, difficulty walking or have had to undergo revision surgery, please give us a call for a free consultation. You may have certain legal rights which include a claim for damages against the manufacturer.

Mayo Clinic Was Correct to Disclose Rogue Employee Infecting Patients

2010-08-29T11:02:00.001-04:00

Last week Mayo Clinic disclosed that an investigation of patients that were infected with Hepatitis C were linked to a drug addicted radiology technician that was using needles and syringes to inject pain medication into himself and his patients. Mayo Clinic came forward and admitted this had occurred and has now beginning the process of safeguarding their patients. While there have been a few patients that have been identified as having contracted Hepatitis C there are potentially many more patients that have been infected at Mayo Clinic.

Mayo Clinic is at the beginning of this disclosure. This situation requires a detailed investigation that will take significant time and resources. It is refreshing to see Mayo Clinic come forward with this disclosure and now the questions of how and why this was allowed to happen must be answered. Why did the procedures in place fail these Mayo patients? How could an employee with a checkered past be allowed access to these highly regulated medications and what procedures does Mayo need to put in place to protect the safety of their patients in the future? If you believe you have been infected with the Hepititis C virus at Mayo Clinic it is critically important that you contact us immediately in order to protect your rights.

To Mayo Clinic's credit they did not take the all too common approach seen at many hospitals and medical facilities. Many well know hospitals are experts at destroying records, changing records and hiring so called experts that will say virtually anything for the paycheck. These same hospitals and facilities place more emphasis on their risk management department than they do in protecting the patients safety. If you know someone that has been the victim of medical negligence it is critically important to choose a law firm with the experience and resources to investigate the claim and most importantly know where to look and what to look for in a medical negligence cover up. If we can help please contact us.

Preventable Medical Errors - Sixth Leading Cause of Death in America

2010-08-26T09:20:00.007-04:00

Preventable medical errors kill or seriously injure hundreds of thousands of Americans each year. In fact, preventable medical errors are the sixth leading cause of death in America. Approximately 98,000 Americans die each year as a result of these errors at a cost of 29 billion dollars.

Despite what many have been told, there is virtually no correlation between medical negligence claims and rising health care costs. Medical negligence claims amount to less than two percent of health care spending. A focus on patient safety and medical errors is the most effective means to stem the rising tide of health care costs in America.

Our civil justice system encourages patient safety and helps prevent negligence before it occurs. It is designed to hold accountable the two percent of doctors who are responsible for nearly 60 percent of all medical negligence claims. If you or someone you know has been the victim of medical negligence, contact our firm for a free consultation.

Medical Malpractice, Being Truthful with Patient the Best Policy

2010-08-21T07:02:00.001-04:00

A 12 year study (1995 - 2007) recently published in the Annals of Internal Medicine examined the full disclosure policy of the University of Michigan Health care System. This policy requires that health care providers honestly admit their errors and be truthful with patients and patients families. The policy also encouraged dialogue with the patient/ family in efforts to resolve these matters early. The results showed that honesty is the best policy. The University of Michigan experienced a decrease in medical negligence claims and significant overall savings in costs due to medical errors. Sadly, the University of Michigan is the exception to the rule when dealing with hospitals that injure or kill patients due to negligent medical treatment. Most victims of medical malpractice simply want the honest answers as to what went wrong but instead are confronted with cover up and lies. Risk management departments and insurance companies take over and begin the process of placing blame and deceitful innuendo everywhere but where it truly belongs. If you or a relative or friend have been the victim of medical malpractice please contact our firm for a free consultation. We have the experience and resources to personally handle your claim.

Georgia Pacific and BP, Similarities are Alarming

2010-08-18T12:04:00.001-04:00

We all remember the BP advertisements prior to the catastrophic oil spill in the Gulf of Mexico. The ones entitled "Beyond Petroleum" where BP claimed that they were environmentally responsible and were looking out for the benefit of the environment. We all know that proved to be an outright lie. Likewise Georgia Pacific Corp. the makers of toilet paper have begun a advertising campaign misrepresenting their concern for the St Johns River and how they are such wonderful stewards the St Johns. They want to take care of the river so much that they are attempting to place a pipe that will go from their Palatka, Florida toilet paper plant and spew 23 million gallons of pollution a day 7 days a week into the St Johns River. They have gotten so creative that they are going to put a giant sprinkler like head on the pipe so that this sewage blows into the river from all different directions. Interestingly I have not seen one of their propaganda billboards showing the pollution pipe. Instead it pictures tranquil scenes of the St Johns. What lies beneath Georgia Pacific's untrue message is something that we should all say no to by contacting our local and State officials and joining the St Johns Riverkeeper at http://www.stjohnsriverkeeper.org/ . Our firm has donated legal services to the St Johns Riverkeeper for years and we are committed to protecting our river environment. Please contact us if you have any questions on how you can help.

Social Security Disabliltiy, Apply Sooner Rather than Later

2010-08-17T04:36:00.001-04:00

If you have been injured or have an illness that prevents you from working for 12 months or morel it is to your benefit to apply for Social Security Disability. The application timing is important because the Social Security Administration calculates the back pay portion of the award back to the application date less 5 months.

That means that the sooner the application is made the greater the amount of back benefits that can be accrued if your claim is approved. It also means that the delay for medicare insurance is shortened.

If you know someone that has worked for their benefits and is now unable to work please contact us to help. The Social Security Disability process can be difficult and confusing.

Beginning of School brings Traffic Congestion and School Buses

2010-08-16T06:43:00.000-04:00

Public School is starting next week and with it will be increased school buses on the road. The first few weeks will be particularly challenging since bus drivers will be getting familiar with their new routes and children will be doing the same. It is important that we all pay close attention to this since buses will be stopping traffic to allow students to board and offload. Remember that the amber flashing lights of a bus as they prepare to stop is not a sign to speed up and get by the bus. Remember that children often approach the bus from both sides of the road. Hundreds of children each year are hurt or killed due to careless drivers. That is all preventable. Please contact us if you have been the victim of an auto accident that was not your fault.

$6.2 Million Verdict against Shands Hospital for Causing Death of University Professor

2010-08-13T15:54:00.001-04:00

University of North Florida Professor Cory Fine's widow and 10 year old son Tyler were awarded $6.2 million dollars by a Gainesville, Florida jury due to the medical negligence of the nursing staff and radiology technicians at Shands Teaching Hospital in Gainesville, Florida on August 11, 2010.

Dr. Fine had undergone a gastric bypass surgery on December 18, 2002 which was uneventful. Several days after the operation he began having problems breathing and was placed on significant amounts of oxygen due to low oxygen saturation levels. Sadly, Shands personnel neglected to monitor Dr. Fine adequately throughout the day of December 23, 2002 and sent him to a CT scan without having his vital signs monitored. Despite Dr Fine telling the radiology technicians that he would be unable to breathe and would die if he was laid down flat on the machine they did so anyway. The Shands staff strapped him to the CT table unmonitored and did the scan which took 4 -5 minutes. When the scan was completed the technicians removed Dr Fine from the machine and he was dead.

This tragedy was so easily preventable if he had just been monitored with equipment that was readily available to protect patients from exactly this type of medical negligence. This equipment would have only taken seconds to use yet it was not. This blatant negligence cost Dr Fine his life, cost Lisa Fine her husband and Tyler his father.

The 2 week jury trial was handled by attorneys Frank Ashton and Marc Hardesty of Hardesty, Tyde, Green & Ashton P.A. of Jacksonville, Florida. If you or a loved one has been hurt by medical negligence please contact us for a prompt and free consultation.

Rotating Timesharing (Custody)

2010-07-20T09:23:00.000-04:00

On June 10, 2010, the Florida Supreme Court granted review of Corey v. Corey, 29 So.3d 315 (3rd DCA 2009) and held that there is no presumption for or against rotating custody (time share).

For years there was a presumption against rotating custody but in 1997 the law changed.

After the 1997 change in the law, the courts continued to find a strong presumption against rotating custody. In the Corey case, the Third DCA disagreed with other Florida appellate courts and held that because there is nothing in the statute regarding a presumption the sole issue under the statute whether to order or approve an agreement for rotating custody is whether it is in the best interest of the child.

Because Section 61.121 has been repealed and superseded by the massive time share revamp in 2008, some might conclude that the issue is gone. What about rotating time share? Nothing significantly different about that. The new statutory provision, F.S. Sec. 61.13 (2)(c)(1), provides, “ It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of child rearing.
There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.”

Since it mandates that no time-sharing schedule carries a favorable or unfavorable presumption, arguably rotating time share should be resolved solely on the best interest test.

The Right to Keep and Bear Arms

2010-07-15T09:27:00.000-04:00

Recently, the United States Supreme Court ruled that the Second Amendment right of individuals to keep and bear arms is fully applicable to the States. The Court found a Chicago law that made it unlawful to possess handguns unconstitutional.

Often, a citizen's right to gun possession can be affected by arrest and prosecution for a variety of crimes to include domestic issues and felonies - even if not convicted of the offense.

Hardesty, Tyde, Green and Ashton will protect your rights if you are charged with a crime. Call if we can help.

Off-Label Use of Anti-Psychotic Medications Putting Many Nursing Home Residents at Risk

2010-07-04T14:02:00.000-04:00

Doctors are routinely prescribing powerful anti-psychotic drugs for nursing home residents. A significant number of those residents, however, do not have a medical condition for which use of these drugs is either intended or recommended. In Massachusetts, for example, a recent study by the federal agency responsible for Medicare/Medicaid payments noted that 22% of nursing home residents were improperly being prescribed these medications.

The Attorney General of Utah recently filed suit against drug manufacturers Johnson & Johnson and AstraZeneca for improperly marketing these anti-psychotic drugs to nursing home residents and others. Among other things, the lawsuit alleges that the companies engaged in false and misleading advertising to promote use of these medications for non-FDA approved uses, such as treatment of dementia. Not only does this practice by drug companies needlessly increase healthcare expenses, but it also places patients at risk of developing serious medical conditions, including diabetes.

Suicide Risks Associated with Neurontin

2010-05-18T08:15:00.000-04:00

Pfizer, Inc. recently settled a wrongful death suit involving the suicide of a minister who had taken Pfizer's epilepsy drug, Neurontin, for only a couple of months. In that case, the minister's family contended that Pfizer had promoted off-label marketing of the drug to people suffering from chronic pain without properly warning patients that the drug had been found in some studies to cause depression and increased thoughts of suicide. Although doctors may prescribe a drug for off-label use (which is a use for which the drug was not specifically approved by the FDA), a drug company is not permitted to promote or market its drugs for off-label use. In this case, the minister's physician prescribed Neurontin for treatment of chronic pain, not for treatment of epilepsy for which the drug had been approved by the FDA.

This is the second case Pfizer has settled involving claims that the drug manufacturer knew of the suicide risk associated with Neurontin and failed to disclose it to doctors and patients. Pfizer currently faces more than 1000 lawsuits involving similar claims of unlawfully marketing Neurontin for non-approved uses. Former company officials have now come forward to testify about these issues.

A Boston jury recently returned a $140 million verdict over Pfizer's marketing practices. In addition, Pfizer's subsidiary, Warner-Lambert, which developed the drug, pleaded guilty to criminal charges filed by the U.S. government and paid a $430 million fine in 2004. In that case, company officials acknowledged the company had utilized deceptive, off-label marketing practices.

Boating and Jet Ski Accidents Now that the Weather is Good

2010-03-24T08:35:00.000-04:00

What a winter we have had. Seems like every weekend the temperatures were frigid and the wind would blow whitecaps. In the last couple of days it seems like spring has arrived. With milder temperatures and weather many people will be taking their boats and jet skis out to have a great time. Unfortunately, the increase of boat and watercraft traffic can lead to accidents due to inexperience, carelessness or operation while under the influence of alcohol or drugs. Water accidents are often deadly due to the lack of restraints, and the ejection factor into the water which can lead to drowning. Make sure you have the proper safety equipment on board and that the captain of the vessel has the adequate training and experience to handle the watercraft. We have experience handling these type of accidents and are equipped to help you and your family immediately. Please contact if we can help.

Landmark Case Changes Theories of Arson Investigation

2010-03-18T08:53:00.000-04:00

The attached newspaper article is the story of how HTG&A partner, and former homicide prosecutor, Frank Ashton, handled a suspected arson case several years ago. In that case, prosecutors conducted test burnings on a house identical to the one that burned down to evaluate whether the fire which killed 6 people was an arson or an accidental fire. Analysis of data from the test fires has caused textbooks relating to arson investigation to be complelely rewritten.

http://www.folioweekly.com/documents/main_022310_1.pdf

Government Bans Texting by Drivers of Large Trucks & Buses

2010-01-26T17:36:00.000-05:00

On January 26, 2010, the Transportation Department issued regulations which banned hand-held texting by drivers of large commercial trucks and buses. According to Transportation Secretary Ray LaHood, the regulations take effect immediately and carry fines of up to $2750 for each violation.

The National Safety Council estimates that 200,000 accidents occur each year because the driver was distracted from observing the road while texting. Research has demonstrated that people involved in texting commonly take their eyes completely off the road while engaged in sending or receiving texts. This can have catastrophic consequences, particularly for drivers of big rigs or buses and the occupants of cars around them.

The texting ban for drivers of large vehicles operating at high speed on interstate roads is certainly an important step in increasing highway safety.

Safety on America's Buses

2010-01-20T08:25:00.001-05:00

Thousands of people travel on buses across America each year. However, few realize the dangers that can be involved in bus travel.

In recent years, several high profile bus accidents have reignited the debate on bus safety. For example, after a 2007 bus crash in Atlanta in which 7 people died and 21 people were injured, the National Transportation Saftey Board found that the bus' lack of adequate occupant protection contributed to the accident's severity. Bus saftey was also an issue in the 2006 bus crash in Huntsville, Alabama, in which 4 school children were killed.

Several recommendations have been made to improve bus safety in America. Seatbelts could be made mandatory on all passenger buses. This would protect individuals from significant injury in bus rollover accidents. Bus windows could be made more sturdy and durable. A common cause of death in bus accidents is ejection from the bus. The ejection rate could be greatly reduced by the improvement of bus windows.

There could also be better regulation of bus drivers. It is often found after a bus accident that the driver's medical certificate giving him authority to drive the bus has expired. Making sure individuals are fit to drive buses would increase safety for passengers on the bus as well as other drivers on the road.

If you or someone you know has been injured as a result of a bus accident, please contact us for a free consultation regarding your rights.

Additional Baby Cribs Recalled by Consumer Product Safety Commission

2010-01-20T08:11:00.000-05:00

On January 19, 2010, the Consumer Product Safety Commission recalled approximately 635,000 cribs manufactured by Dorel Asia because of safety concerns. Recently a 6 month old child apparently died when the brackets holding the drop side of the crib detached or broke and allowed the baby to roll over and become trapped between the drop side and the mattress. There have been multiple reports to the CPSC of similar incidents resulting in injuries to other children. In fact, this is the second time in the last 2 months that the CPSC has issued a crib recall for these types of problems. Last month in this blog we reported the recall of cribs manufactured by Simplicity and SFCA, Inc.

The Dorel Asia cribs which are the subject of the latest recall were manufactured in China and Vietnam. They were sold under various names at Walmart, Sears and K-Mart stores from 2005-2009. The CPSC advises parents to immediately stop using these cribs and to contact the manufacturer for a free parts replacement kit.

If your child was injured by one of the cribs subject to this recall or by any other crib, please call us for a free consultation about your rights.

Radiologists Unlikely to Disclose Mammography Errors to Patients

2010-01-03T15:57:00.000-05:00

Recently, researchers at the University of Washington conducted a survey of more than 350 radiologists at 7 different geographical sites of the Breast Cancer Surveillance Consortium. The radiologists were given a hypothetical set of mammograms which demonstrated that potentially cancerous calcifications were increasing in number but had been misread by the previous radiologist as decreasing in number, thus resulting in a delay of cancer diagnosis.

When asked whether they would tell a patient about the error:
9% said they would definitely not disclose the error;
51% said they would disclose it only if asked by the patient;
26% said they would probably disclose the error; and
14% said they would definitely disclose the error.

When asked what language they would use to disclose the error in reading the mammograms, only 15% of the radiologists would tell the patient directly that an error had been made by the previous radiologist. The remainder either would say nothing further or would simply report that the lesions were increasing in number.

Failure to timely diagnose breast cancer can have catastrophic results and is a frequent cause of medical malpractice litigation. It should be of concern to patients that many radiologists, 74% of whom report they are concerned about being sued for misreading mammography studies, in most cases are not likely to honestly and straightforwardly tell the patient when an error has been made.

If you have concerns that your mammography results were misread, you should contact an experienced medical malpractice attorney. At our firm, all such consultations are free of charge.

Simplicity Crib Deaths

2009-12-18T08:53:00.000-05:00

The Consumer Product Safety Commission has issued multiple recall notices for various models of cribs manufactured by Simplicity Inc. and SFCA, Inc. of Reading, Pennsylvania. The warnings and recalls began in 2005 and have been linked so far to 11 deaths and 25 additional incidents involving injury or potential for serious injury. The problem relates to plastic hardware which the manufacturer used to secure the side of the crib. Over time, the hardware can break or deform allowing the side to push out, creating a space between the side and the mattress. A baby can roll into this space and suffocate or otherwise be severely injured.

The manufacturers appear to no longer be in business. Some of the cribs manufactured by Simplicity include the Graco logo and Winnie the Pooh motif. The affected cribs were sold between January 2005 and June 2009. Parents are warned to immediately stop using Simplicity cribs because of the serious hazard they pose to babies. More information from the CPSC on the crib recall can be found at: http://www.cpsc.gov/cpscpub/pubs/simplicity.pdf.

If you have a family member who has suffered injuries from a Simplicity crib or any other defective crib, please call us for a free case evaluation.

Paxil Settlements

2009-12-14T09:06:00.000-05:00

According to recent court records, the manufacturer of Paxil, GlaxoSmithKline PLC, has paid nearly $1 billion to settle a variety of lawsuits for injuries allegedly caused by the drug. Paxil has been on the market in the United States since 1993. It is used primarily to treat depression, anxiety disorders and post-traumatic stress disorder (PTSD). During this period of time, thousands of patients have reported problems which they relate to use of the drug. These problems generally include: suicide, birth defects and addiction/withdrawal. In 2005, the FDA required the manufacturer to add a black-box warning to the package insert indicating that use of Paxil had been associated with an increased risk of suicidal thoughts by adolescents. A black box warning is the strongest label warning which can be placed on a prescription medication.

If you or a loved one has experienced significant problems after using Paxil, you may have a products liability claim against the manufacturer or a medical malpractice claim if the drug was improperly prescribed by a doctor. Call us for a free consultation.

FDA Orders Black Box Warning for Phenergan

2009-10-11T17:51:00.000-04:00

The FDA has just ordered that special warnings be added to the instructions for the use of the anti-nausea medication, Phenergan (promethazine). This so-called "Black Box" warning is the FDA's strongest possible warning about the use of this drug via intravenous (IV) administration. Specifically, the new warning describes the potential serious complications of inadvertent intra-arterial injection, infiltration or extravasation of Phenergan. These complications can include severe tissue or nerve damage, gangrene and amputation. The new warnings also make clear that deep intramuscular injection is the preferred route of administration.

Our firm has handled many cases involving injury to patients from IV administration of Phenergan. Many of these patients went on to develop Reflex Sympathetic Dystrophy (RSD) or Chronic Regional Pain Syndrome (CRPS). If you believe you have been injured by intravenous injection of Phenergan and would like to speak with an attorney experienced in this area, we would be happy to discuss your potential case with you.

Texting while Driving Gaining National Attention

2009-10-07T05:08:00.000-04:00

The proliferation of cell phones with texting and Internet access is certainly an advance in technology and convenience but it is also a safety problem that is plaguing the highways of this country. Texting while driving is rapidly is becoming the as dangerous as driving under the influence of alcohol or drugs. The "eyes off the road" factor essentially creates a vehicle without a driver moving at highway speeds. The results are often deadly or life altering. The lure of getting the information right now is becoming epidemic. Texting and using the Internet while driving has also given rise to various state laws that criminalize the practice in an attempt to reduce the huge number of accidents that it causes. Concentration and reaction times are essentially reduced to zero in many accidents or causes a driver to over correct at the last moment to avoid what should be the obvious and as a result causes accidents. Certainly cell phone use is critical in the development of a crash investigation. If you or someone you know has been the victim of a auto accident please contact our firm to learn more and protect your rights.

The Complexities of a Slip and Fall

2009-10-06T14:04:00.000-04:00

Every year, thousands of individuals are injured as a result of slip and fall accidents. These accidents often result in serious injuries such as herniated discs, which may require surgery to repair.

Some slip and fall accidents occur through no one's fault. However, many are due to the negligence of store or building proprietors who have failed to keep their premises in a reasonably safe condition.

There are many factors to examine in determining whether your fall is the result of negligence. This could include, among other things, a thorough review of building code standards. Often times, the area where the fall occurred will need to be appropriately measured and examined to determine whether it satifies the applicable building code. Various standards, such as those promulgated by the International Code Council, could apply.

Our firm has the experience and expertise necessary to examine all aspects of your slip and fall accident. Call us today for a free consultation.

New Study Demonstrates Medical Malpractice Lawsuits Do Not Increase Health Care Costs

2009-08-21T09:26:00.000-04:00

For many years, the AMA and insurance companies have contended that medical malpractice lawsuits have significantly driven up the cost of insurance and health care. A recent comprehensive study by Americans for Insurance Reform (AIR), a coalition of more than 100 consumer groups around the country, has demonstrated that these claims are false. The major findings of this study, which is the most comprehensive study on this issue ever performed, are as follows:

1. Medical malpractice claims are only 1/5 of one percent of annual U.S. health care costs;

2. Medical malpractice premiums, after adjustment for inflation, are the lowest they have been in 30 years;

3. Medical malpractice insurers today are earning higher profits than other parts of the property/casualty insurance industry;

4. Medical malpractice claims, after adjustment for inflation, are down 45% since 2000;

5. Many states that have not enacted "tort reform" legislation for medical malpractice cases have experienced the same insurance rate changes as those states which have enacted severe restrictions on patients rights.

In fact, if all medical malpractice claims were entirely eliminated, health care costs would not even be reduced by 1%. On the other hand, those people severely injured by medical negligence would be left destitute and would likely end up on public assistance programs, effectively transferring the cost of medical negligence from the responsible doctor and his insurance company to the government and the public.

The full text of the AIR report can be found at www.centerjd.org/air/TrueRiskF.pdf

Supreme Court Rejects Drug Manufacturers' Claim that Warning Labels Prevent Lawsuits

2009-05-11T09:30:00.000-04:00

In a recent 6-3 decision, the United States Supreme Court rejected claims by drug manufacturing firms that FDA approved warning labels on drugs pre-empted state lawsuits based on failure to give adequate warning of the drug's risks. In this case, Wyeth Pharmaceuticals v. Levine, a Vermont jury had awarded several million dollars to a patient whose right arm had to be amputated after she received an IV push injection of the drug, Phenergan. The lawsuit claimed Wyeth failed to provide appropriate warning of the drug's risks associated with improper administration. Wyeth argued that, even though it could have changed the label warnings without FDA approval, the FDA's approval of the original warnings essentially gave Wyeth immunity from lawsuits.

This immunity argument was flatly rejected by the Supreme Court which noted that Congress had never passed any legislation granting immunity to drug manufacturers for faulty warnings which may have been approved years ago by the FDA based on the data provided to the agency by the drug manufacturer. Clearly, if the FDA got bad information from the drug companies, it would not be able to issue proper label warnings.

This case is an important victory for patients. It makes little sense to give drug companies immunity from lawsuits when they give bad or incomplete information to the FDA. It is in everyone's best interest to make sure drug manufacturers regularly update label warnings based on the most recent information they have regarding drug risks. Our firm has handled many cases where patients have suffered serious injuries, including development of Reflex Sympathetic Dystrophy (RSD), from improper administration of Phenergan. If you believe you have had a serious injury resulting from a reaction to a drug you have received, please call us for a free consultation.

Insurance Institute for Highway Safety Recommends Increased Vehicle Roof Strength

2009-05-11T09:16:00.000-04:00

Starting in 2010, car makers that want the insurance industry's highest safety ratings will have to increase roof strength on their vehicles to a 4.0 strength to weight ratio. This new insurance industry standard significantly exceeds the current government standard of 1.5. It also significantly exceeds the proposed new government standard of 2.5. The Insurance Institute for Highway Safety estimates using the 4.0 strength to weight ratio could reduce injuries in rollover accidents by 40-50%.

Defendants' rights law challenged

2009-04-29T13:42:00.000-04:00

In the next few weeks a decision could come down from the U.S. Supreme Court that drastically affects the rights of defendants in criminal cases, especially vulnerable defendants, including disabled and indigent defendants. The Supreme Court will rule on a case, Montejo v. Lousiana (Docket No.07-1529). This case could overrule the 1986 case of Michigan v. Jackson.

Michigan v. Jackson was a case decided by the U.S. Supreme Court. This case dealt with a defendant's Sixth Amendment right to counsel during a police interrogation. In a decision written by Justice Stevens, the Court held that once an accused individual has claimed a right to counsel at a plea hearing or other court proceeding, a waiver of that right during later police questioning would be invalid. This decision applies to defendants who agree to talk to authorities without their attorneys present.

This case is especially important for indigent or mentally challenged defendants. Those defendants could be easily convinced to talk by savvy and intelligent police officers seeking a confession.

At Hardesty, Tyde, Green & Ashton we have extensive experience representing defendants in criminal cases. Call us to see if our criminal defense attorneys can help you or someone you know.

Off-Road Vehicle Safety

2009-04-27T20:39:00.000-04:00

In November 2008 the Wall Street Journal reported that federal safety regulators are investigating the safety of the Yamaha Rhino. The Rhino has been linked to some 30 deaths. The Rhino, different from an ATV, does not fall under the safety regulations that ATV's are subject to. The Wall Street Journal in a November 4, 2008 article, stated that the Rhino "is not subject to ATV safety standards because of design differences such as having a steering wheel.... But the novel off-road vehicles aren't subject to the much-tougher standards for cars either." There are no federal safety standards in place for Yamaha to conform to when designing the Rhino to make sure that it is safe for the public.

The Wall Street journal in the same article, reported that "Yamaha faces more than 200 lawsuits in state and federal courts, many alleging the Rhino's design is unsafe." In a follow-up article on April 1, 2009 the Wall Street Journal reported that "the Consumer Product Safety Commission said that Yamaha Motor Corp. has agreed to suspend the sale of its Rhino 450, 660 and 700 models." Yamaha has also agreed to offer free modifications to Rhino's already in service to make them less likely to roll over.

When the lawsuits against Yamaha began the Wall Street Journal reported that "Yamaha settled some but last year beefed up its defense and said it may start to fight rather than settle."

If you or someone you know has been injured while operating a Rhino you may be entitled to damages. For more information on how to find an experienced attorney willing to fight for you please contact us for a free consultation.

Disability Policies and Equitable Distribution

2009-04-16T16:10:00.000-04:00

The Florida Second District Court of Appeal has re-affirmed (in March 2009) that disability policies from which payments constitute a substitute for future lost income are non-marital property and are not subject to equitable distribution.

If you have been injured or need assistance with a family matter contact Hardesty, Tyde, Green and Ashton.

Child Custody Issues

2009-04-13T16:26:00.000-04:00

Sometimes grandparents find themselves thrust into the role of seeking custody of their minor grandchild. At times the parent of the child becomes involved in drugs or develops a mental illness that prevents the parent from taking care of their child.

Often the child's parent would rather their child be with the grandparents instead of in the custody of the state in a foster home.

If you need help with issues like this call Hardesty, Tyde, Green & Ashton.

Fighting for Injured Workers

2009-04-03T16:29:00.000-04:00

Last year the Florida Supreme Court struck down caps on attorney fees in workers compensation cases so that attorneys representing injured workers could get paid reasonable fees.

Currently the Florida Justice Association, which represents trial lawyers, has been lobbying lawmakers to reject legislation that would reinstate the caps.

The purpose of the caps is to prevent those injured on the job from hiring a lawyer to help them with their case.

If you have been injured on the job contact Hardesty, Tyde, Green and Ashton.

Unique Family Law Issues for Unwed Parents

2009-03-19T10:45:00.000-04:00

Federal researchers reported that there were 4,317,119 births in 2007 which topped a record first set in 1957 at the height of the baby boom.

Additionally births to unwed mothers reached an all-time high of about 40 percent. More than three-quarters of these women were 20 or older.

Unwed parents face a host of family law issues upon the birth of a child. Often the mother needs child support from the father and fathers often have to prove their paternity to be able to seek visitation with their child.

Hardesty, Tyde, Green and Ashton can help!

Insurance Greed Attempting to Crush Working Families

2009-03-19T00:14:00.000-04:00

The Insurance industry is attempting to unfairly stack the deck against a person hurt on the job through no fault of their own. Last fall the Florida Supreme Court addressed a provision of the workers compensation law that limited attorney fees earned through representation of people wrongfully denied medical care and benefits. The court stated that the attorney that battled the Insurance industry and won was entitled to recover a reasonable fee, in other words fair payment for work done.

The legislature led by Miami Representative Flores now wants to take away the reasonableness language of the law and is therefore creating an unreasonable situation for the injured workers of this state. Buoyed by Insurance dollars Rep Flores is carrying the flag of insurance greed and self gain on the backs of people that work hard for their families everyday. Luckily Flores stands little chance of suffering the same plight as his constituents who are injured since his activities provide little to no risk for a work related injury but high probability of self gain through Insurance contributions. See the Miami Herald regarding the full story http://www.miamiherald.com/news/southflorida/story/955240.html

Alimony Reduction

2009-03-18T16:35:00.000-04:00

Recently the Fourth District Court of Appeal ruled that when a former husband seeks to reduce or terminate alimony, once the trier of fact has made a finding that a supportive relationship exists, the court “must by necessity either reduce or terminate alimony.”

This is pursuant to Florida law which permits reduction or termination of alimony when the receiver of alimony cohabits in a supportive relationship with another.

Please contact Hardesty, Tyde, Green and Ashton for your family law needs.

Injured Workers Railroaded By CSX

2009-02-01T11:40:00.000-05:00

The Federal Railroad Association has cited CSX Corp. with continuing a "culture of harassment and intimidation in connection with injury reporting." CSX has been abusing its workers since at least 2006 reports say. When someone is injured on the job there is a system in place to provide treatment and cover a portion of lost wages. Intimidating and harrassing people injured is just plain wrong and is illegal under both Federal and Florida law. We have successfully handled thousands of serious Work related injuries. Our efforts are often the one thing that keeps the family from losing their home, car and stream of income. If we can help with a Workman's Compensation claim please contact us immediately. There is no room for employer harassment or intimidation. We will be glad to turn the tables on them.

DUI Arrests Increase During Super Bowl

2009-01-31T06:26:00.000-05:00

The Florida Highway Patrol and the Jacksonville Sheriffs Office have announced that their DUI enforcement units will be out in force looking for drivers that are impaired. These law enforcement agencies stated that the concern arises out of the increase of serious injury and wrongful death as the result of drunk or impaired drivers. Certainly the choice of not driving is the best. Certainly the use of a designated driver or hailing a cab is much more economical than taking the risk of injuring someone or yourself. Even the costs , fines and surcharges of a first time DUI far exceed $1500.00 not to mention the criminal conviction and the increase auto insurance rates that follow. Taking the risk of a DUI arrest is just not worth it. To read more about the increase patrols click here. If we can help please contact our firm. Our years of experiance in handling these cases is a direct benefit to our clients.

Medical Malpractice Common in Medicade Program

2009-01-30T21:44:00.000-05:00

The program established by former Gov. Jeb Bush to privatize Medicaid is fraught with problems that have resulted in the wrongful death of Floridians and particularly those in Northeast Florida. This scheme concocted by Bush has resulted in refusal or outlandish delay of medically necessary treatment to scores of patients. It has also resulted in nearly a quarter of the doctors quitting the program due to these problems. The program has resulted in directly causing instances of Medical Malpractice.
Unfortunately, the program targets Duval, Clay, Baker and Nassau counties. If you, a friend or family member has been the victim of Medical Malpractice or Medical Negligence please contact us.
Interestingly, Bush has recommended expansion of this system in spite of the medical harm and deaths it has caused. Profits over peoples lives and health is unacceptable. Click here to read the entire article.

State Farm Doesn't Want to be Your Neighbor

2009-01-27T23:24:00.000-05:00

State Farm Insurance Company is threatening to stop selling certain property coverage in Florida because their greed has overcome their common sense. State Farm applied for a double digit rate increase but was denied the increase because they could not justify the outlandish profits they were trying to collect from Florida residents. Now they want to keep selling other policies including auto insurance because they did not hoodwink the insurance commission and get their way. Why would anyone with State Farm homeowners insurance that also has another type of insurance want to do business with a company like that? "Like a Good Neighbor, State Farm" is Where? To read more see this article

Veterans Deserve Top Notch Care

2009-01-17T23:44:00.000-05:00

Our Veterans deserve the best level of medical care. These members of the armed forces have made many sacrifices that entitle them to quality medical care. Their response to our country in the many times of need were made quickly and with great personal sacrifice. They upheld their end of the bargain and so should the government. Unfortunately there is a pattern of Medical negligence that has occurred on a repeated basis. One such example is the Naval Hospital at Naval Air Station Jacksonville. We have seen multiple cases of medical error and neglect occur. If you or a loved one has been the victim of Medical negligence call us immediately. Two of our attorneys Marc Hardesty, a retired Army Lieutenant Colonel and Frank Ashton a retired Navy Commander are very familiar with Medical malpractice cases and the nuances of the Military. It is a unique qualification that gives us the edge in many cases. Please contact us if we can help.

Insurance Companies Stealing From Sick Patients

2009-01-17T23:16:00.000-05:00

One of the largest health care insurance companies has been caught denying claims that should have been paid and delaying care that is critical to survival in many instances. United Health Group systematically delayed or denied treatment, medications or reimbursements for care that they were clearly obligated to provide under the terms of the contracts that they wrote. The result was often undue suffering by terminally ill patients and the financial disaster resulting from unpaid or underpaid bills left for patients families to cope with for years to come.

The New York Attorney General has brought charges that will hopefully slow the "profits over peoples lives" that is currently in place. Just ask yourself what would happen if you were late on an insurance premium payment? It doesn't take any imagination to figure out the result. Yet if the insurance company is not paying then that seems just fine with them.

If you have been the victim of an insurance carrier please contact us for a free evaluation of your claim. To learn more about this scam see CBS News

http://www.cbsnews.com/stories/2009/01/13/eveningnews/main4719897.shtmlsee

Gastric Bypass Surgery Can Reverse Diabetes

2009-01-16T08:28:00.000-05:00

Recent studies have demonstrated that gastric bypass surgery can do more than simply allow an obese person to lose weight. Overweight individuals are significantly more likely to develop diabetes than people of normal weight. Previous studies have shown, however, that many adults who have gastric bypass surgery not only lose weight but reverse their diabetes as well. A recent study has also shown that obese teenagers can have similar results. That study, reported in the January 2009 issue of Pediatrics, found that 10 of 11 obese teenagers with diabetes who underwent gastric bypass surgery reversed their diabetic condition and no longer had to use diabetic medications. The 11th teenager still had diabetes but significantly reduced the amount of diabetic medications he had to take.

These studies reveal gastric bypass surgery can improve health, in addition to causing weight loss and improving one's appearance. It is still significant surgery, however, and when not done properly can have catastrophic consequences. Make sure any surgeon you consider has substantial experience performing the procedure before you agree to allow him/her to operate. Our firm has handled multiple cases involving medical malpractice associated with negligently performed gastric bypass surgery. If you or a loved one has had a bad result from gastric bypass surgery, please call us for a free consultation regarding your case. Not every bad result occurs because of medical malpractice, but it is important to have an experienced attorney review your case.

DELAYED PERMANENT ALIMONY

2009-01-12T09:47:00.000-05:00

Recently, in a number of divorce cases the higher earning spouse has lost their job due to the current state of our economy which has created issues regarding alimony.

In Schmidt v. Syanovitz, 33 FLW D2799 (Fla. 2nd DCA December 10, 2008), the trial court found that the wife was entitled to permanent alimony, but the husband did not have the ability to pay permanent alimony. The court awarded two years of rehabilitative alimony and reserved jurisdiction for two years to review permanent alimony later. One wonders why the trial court or the appellate court did not identify the husband’s ability to pay rehabilitative alimony as a source for permanent alimony.

The appellate court found that when one spouse is entitled to permanent alimony, but the other spouse lacks the ability to contribute to the other’s needs, a trial court should award nominal permanent alimony.

If we can assist with a family law matter call Hardestsy, Tyde, Green and Ashton.

Interactions Among Multiple Medications Can Cause Health Risks

2008-12-31T08:29:00.000-05:00

Millions of Americans are currently taking multiple medications and/or supplements which are significantly increasing their risk of serious injury according to a report by the National Institutes of Health and the University of Chicago which is being published this month in the Journal of the American Medical Association. This is particularly true with older Americans. Combinations of blood thinners or anticoagulants (such as Warfarin or Coumadin) with aspirin or ginkgo supplements, for example, can significantly increase the risk of uncontrolled bleeding, stroke, etc. There are many other combinations of drugs/supplements which also carry significant risks. Simply because a supplement is sold in a health food store without warnings does not mean it is safe to combine with any medication you may be taking.

It is important to talk with your doctor about possible drug interactions if you are taking multiple medications or additional supplements. It is also important that doctors inquire about the medications/supplements you are taking and specifically advise you about the risks of drug interactions. The Institute for Safe Medication Practices now has a website to allow patients to check for potentially dangerous medication interactions. It can be found at www.consumermedsafety.org.

If you have been injured as a result of a drug interaction, you may have a medical malpractice claim and should speak to an experienced medical malpractice attorney.

DUI Checkpoints

2008-12-28T23:43:00.000-05:00

There is no question that the Jacksonville Sheriffs Office will be setting up DUI checkpoints from now and continuing through New Years. You best defense is obviously not to drink and drive. The use of a designated driver is always the best defense as long as the designated driver has not decided to abandon their obligation. If the officer notices signs of impairment (odor of alcohol, slurred speech, bloodshot or watery eyes) he may ask you to step out of your vehicle and do some field sobriety tests. You must then decide if you want to take your chances. You cannot be forced to take these tests just as you cannot be forced to submit to a breathalyzer test. However if you refuse to submit to one you will lose your license for a year administratively. You can possibly apply for a "work permit" but these are issued on a case by case basis. You have the right to remain silent and to have an attorney to discuss your case before entering a plea to the court. It is always better to know and understand your rights before you make a mistake that cannot be removed from your record in the future. We understand the Florida DUI laws and are available to help you. Please contact us

Northeast Florida Fog Creates Hazardous Driving Conditions

2008-12-27T23:30:00.000-05:00

Headlights are for seeing and being seen! Be sure to recognize the circumstances where lights are necessary for safety. Using headlights at night is a given but how often do you see someone driving that does not appreciate the visual impairment that fog creates during daytime? Fog in Northeast Florida can cause tremendous danger since fog degrades depth perception and reflects light thereby distorting the images ahead. Turn on your low beam lights, and be careful to watch for hazards, bicyclists, pedestrians, or animals. Reflected light from air-suspended particulates or precipitation can blind you, so use your low beams or properly installed fog lamps. Fog lamps are mounted low, underneath your line of sight, and they can help you see when regular headlamps cause difficulties. Without fog lamps, using low beams prevents light from being reflected back into your eyes much the same way. Reducing speed will also increase the safety margin. If you have been injured by someone that did not use appropriate safety measures please contact us.

It's Christmas Day, Are your Children Safe?

2008-12-25T07:27:00.000-05:00

You have just finished opening presents from family and friends. The children are impressed with the toys they are about to push to their limits. Be sure to examine these well intentioned gifts closely. There were over 230,000 injuries from toys ranging from airway obstruction (small piece stuck in the throat), toxic chemicals in the paint or liquid portion of the toy and finally lack of safety features. Additionally the use of safety equipment such as helmets and knee pads etc. should be used at all times with certain activities. Please take the time to inspect and understand the toys and gifts so that there are many more Merry Christmas's come. Please contact us if you or someone you know has been injured.

Merry Christmas from Hardesty, Tyde, Green & Ashton

2008-12-24T07:29:00.000-05:00

All of us at Hardesty, Tyde, Green & Ashton wish you and your family a wonderful Christmas.

Twas the night before Christmas, when all through the house
Not a creature was stirring, not even a mouse.
The stockings were hung by the chimney with care,
In hopes that St Nicholas soon would be there.

The children were nestled all snug in their beds,
While visions of sugar-plums danced in their heads.
And mamma in her ‘kerchief, and I in my cap,
Had just settled our brains for a long winter’s nap.

When out on the lawn there arose such a clatter,
I sprang from the bed to see what was the matter.
Away to the window I flew like a flash,
Tore open the shutters and threw up the sash.

The moon on the breast of the new-fallen snow
Gave the lustre of mid-day to objects below.
When, what to my wondering eyes should appear,
But a miniature sleigh, and eight tinny reindeer.

With a little old driver, so lively and quick,
I knew in a moment it must be St Nick.
More rapid than eagles his coursers they came,
And he whistled, and shouted, and called them by name!

"Now Dasher! now, Dancer! now, Prancer and Vixen!
On, Comet! On, Cupid! on, on Donner and Blitzen!
To the top of the porch! to the top of the wall!
Now dash away! Dash away! Dash away all!"

As dry leaves that before the wild hurricane fly,
When they meet with an obstacle, mount to the sky.
So up to the house-top the coursers they flew,
With the sleigh full of Toys, and St Nicholas too.

And then, in a twinkling, I heard on the roof
The prancing and pawing of each little hoof.
As I drew in my head, and was turning around,
Down the chimney St Nicholas came with a bound.

He was dressed all in fur, from his head to his foot,
And his clothes were all tarnished with ashes and soot.
A bundle of Toys he had flung on his back,
And he looked like a peddler, just opening his pack.

His eyes-how they twinkled! his dimples how merry!
His cheeks were like roses, his nose like a cherry!
His droll little mouth was drawn up like a bow,
And the beard of his chin was as white as the snow.

The stump of a pipe he held tight in his teeth,
And the smoke it encircled his head like a wreath.
He had a broad face and a little round belly,
That shook when he laughed, like a bowlful of jelly!

He was chubby and plump, a right jolly old elf,
And I laughed when I saw him, in spite of myself!
A wink of his eye and a twist of his head,
Soon gave me to know I had nothing to dread.

He spoke not a word, but went straight to his work,
And filled all the stockings, then turned with a jerk.
And laying his finger aside of his nose,
And giving a nod, up the chimney he rose!

He sprang to his sleigh, to his team gave a whistle,
And away they all flew like the down of a thistle.
But I heard him exclaim, ‘ere he drove out of sight,
"Happy Christmas to all, and to all a good-night!"

Fireplace Safety

2008-12-23T07:14:00.000-05:00

Many of us have fireplaces. While they are wonderful there are a few safety tips that are important to remember.

Before lighting any fire, remove all greens, boughs, papers, and other decorations from fireplace area. Check to see that the flue is open.

Use care with "fire salts," which produce colored flames when thrown on wood fires. They contain heavy metals that can cause intense gastrointestinal irritation and vomiting if eaten. Keep them away from children.

Do not burn wrapping papers in the fireplace. A flash fire may result as wrappings ignite suddenly and burn intensely.

Our firm wishes you a safe holiday season.

Low Impact Car Accidents Often Cause High Level Injury

2008-12-11T07:05:00.000-05:00

Everyday hundreds of so called "fender benders" occur and the result is the same no injury, a little paint is scraped on the bumper and a small dent is there to fix. However, there are accidents where the outward signs of the accident appear minimal but the reality is serious injury has occurred. When two vehicles strike eachother in a rear-end type collision there is always energy transfer from one vehicle to the other. This energy transfer will also be reflected in movement of the occupants. The position of the occupants at the time of the impact is a critical factor in assessing the mechanism and injury probability.

The important thing to remember is that when low speed impacts occur, lack of damage on a car's external appearance may not reflect the true damage. When investigating these types of accidents, one must look at the bumper isolation systems and the support structure of the vehicle for damage that could have occurred. The bumper isolation system is designed to protect the vehicles safety systems, such as the front and rear lights. The isolation system is not designed to prevent visible vehicle damage. Today's passenger cars, not trucks and SUVs, are required to have a bumper isolation system.

The assessment of a low speed vehicle impact accident also requires the inspection of both accident vehicles. It is very difficult to assess the impact forces from photographs or looking at the vehicles after they have been repaired. The direction and magnitude of the forces, on the occupant can be compared to the injuries to determine if they are consistent with the accident scenario. If you have suffered serious injury recently from a low impact crash please contact us.

Medical Lien Resolution

2008-12-07T13:56:00.000-05:00

The resolution of your personal injury claim does not necessarily occur with a settlement or judgment in your favor. Often times, various entities such as health insurance companies, Medicare, or Medicaid will assert liens on any recovery you may receive for medical expenses paid by them as a result of your injury. Failure to resolve these liens could expose you to liability in the future.

The personal injury attorneys at Hardesty, Tyde, Green & Ashton, P.A., have years of experience working with these entities in resolving medical liens. We will make certain these entities only seek reimbursement for medical expenses related to your injury and that you receive any statutory reductions to which you may be entitled.

If you or someone you know has been injured in an accident, contact our offices. Not only will our attorneys strive to maximize your recovery, we will ensure that any medical liens are resolved for the least amount possible.

Military Needs Mayport Carrier

2008-12-07T07:38:00.000-05:00

December 7th 1941 marks the date that the United States of America was attacked at Pearl Harbor during World War II. It also marks the importance of locating at least one Nuclear Aircraft Carrier at Mayport Naval Station in Jacksonville, Fl. The adage of "all your eggs in one basket" continues to be true as the politics of Washington slow and confuse the obvious. Placing a Carrier at Mayport makes solid strategic sense as we reflect back to the terrible loss of life and battle capacity loss caused by locating all our assets in one port. Hardesty, Tyde, Green & Ashton appreciates the role that strategic planning takes in handling complex legal matters. We also understand the commitment it takes to serve this country as a member of our military. We encourage you to contact us if we can help you with the strategic planning of complex legal matters or to answer a Military Law question by one of our retired Army or Navy officers, Marc Hardesty or Frank Ashton.

Traffic Fatalities

2008-12-05T14:27:00.000-05:00

Our local headlines describe 5 traffic fatalities which includes a pedestrian killed by a car and an alcohol related death.

The US Transportation Secretary says that there were 41,059 motor vehicle-related deaths in 2007—the lowest number of traffic fatalities/per year since 1992—and that 2.49 million people sustained injuries in highway accidents.

The decline in overall deaths is attributed to safer vehicles, law enforcement measures, and the federal government’s efforts to prevent auto accidents. Though the total number of traffic fatalities dropped, an increase in motorcycle fatalities was noted accounting for 13% of all traffic fatalities last year. The number of injured motorcycle victims also increased.

The number of pedestrian deaths decreased while the number of pedestrian injury victims increased.

If you or a loved one has been injured by negligent driver contact Hardesty, Tyde, Green and Ashton for a free consultation.

Accident Scene Investigation

2008-11-20T08:28:00.000-05:00

In many cases involving catastrophic injury or death an inspection of the accident scene, vehicles or equipment can be critical in the success of the case. Important evidence may be present that can be collected, photographed and measured. There is sometimes the opportunity to gather statements from witnesses and accident reports and to better understand later deposition testimony. Oftentimes, it is the scene visit that uncovers contributing factors not previously considered.

The old saying "a picture can be worth a thousand words" often comes true. Measurements to include distances, weights and angles can be critical in the causation of the accident.

In machinery accidents, determining the condition of the equipment and modifications that have been performed requires a physical inspection. In many cases, the original piece of machinery has been altered over the years through maintenance, repairs and upgrades. This status can be documented by visual inspection and then validated by review of service and maintenance records and invoices. Having an experienced engineer operate the machine or just watch the operation has often led to insights about the key issues in industrial accidents.

Our firm has the resources and experience to conduct accident scene analysis that may be critical to a positive outcome in a claim. Please contact us if we can help with your case.

Essential Motorcycle Safety Equipment

2008-11-16T10:00:00.000-05:00

While many states have repealed the Helmet law it does not reduce the importance and safety aspect. It simply is no longer a traffic citation. When selecting a helmet it is important to not buy one that does not have a sticker indicating DOT (Department of Transportation) compliance. This means that the helmet meets certain basic impact standards.
Make sure you buy a new helmet if you drop your old one on a hard surface or if it sustains a heavy blow, as it may no longer be safe to use.
Buy a helmet that fits comfortably and does not impair your hearing or vision.
Eye Protection
Wear a helmet with a shield, a pair of goggles, or shatterproof glasses.
Make sure your eye protection is clean and unscratched.
If your lenses are tinted for riding in the sun, be sure to take some that are clear in case you find yourself riding when dark.

Jackets should be made of sturdy material such as denim, nylon, corduroy, or leather. Also, zippered vents allow for breeze to flow through, making jackets comfortable to wear year-round, even in warm weather.

Pants should be made of thick material, such as leather, to resist abrasion.

Gloves should be worn at all times to prevent any injury to hands or fingers.
Wearing rain gear makes riding in the rain easier.
Wear over-the-ankle boots made of strong leather to protect your ankles. Also, make sure you buy boots with rubber soles and a good tread design for easy gripping.

Protect your hearing and your ears by wearing disposable foam plugs or reusable custom-molded devices.
High visibility gear
Wear brightly colored clothing.

For nighttime riding, wear clothing that reflects light. Or, put reflective strips on your helmet and the backs of your boots. If you have been in a motorcycle accident contact us to learn more and get the help you need.

St Johns Riverkeeper Oyster Roast

2008-11-15T03:16:00.000-05:00

The 7th annual St Johns Riverkeeper Oyster Roast will be held Friday November 21 starting at 7pm at the Garden Club of Jacksonville. The event includes a wonderful evening of live music, food and drinks right on the St Johns River. The cost is $125 per person with the proceeds supporting the protection and community awareness of Jacksonville's greatest resource, the St Johns River. There will be a silent auction containing many wonderful items and trips to include: Handcrafted cypress wooden strip, kayak Dinner for 8 at your home prepared by Matthew Medure, Artwork by famous Florida artists Jim Draper, Peter Pettegrew and Henry Von Genk, Entry for the 2009 Kingfish Tournament, One-night stay for 2 at Greyfield Inn on Cumberland Island, A wildlife conservation center tour for 6 at White Oak Plantation, A one-of-a-kind rain barrel painted by local painter Ann Arthur, A unique and beautiful gourd sculpture by local artist Mindy Hawkins, A Jacksonville birding tour with local bird specialist Julie Cocke just to name a few of the wonderful items. Click here to purchase your tickets and learn more about the St Johns Riverkeeper

Study Indicates Selenium and Vitamin E Do Not Protect Men From Prostate Cancer

2008-10-30T08:11:00.000-04:00

Prostate cancer for men is a frequently occurring disease, particularly for men over 50. It is estimated that approximately 1 in 6 American men will develop prostate cancer in their lifetimes. Some preliminary studies had suggested that dietary supplementation with Vitamin E and Selenium would reduce the likelihood of prostate cancer. Drug companies have even been marketing vitamin pills which include higher levels of Selenium as being prostate protective.

In an effort to evaluate these theories, the U.S. National Cancer Institute in 2001 began a 100 million dollar study involving 35,000 men at over 400 sites around the country. The study was suspended this month after an independent analysis of current data suggested the supplements did not reduce the risk of prostate cancer. In fact, the data showed there was a slightly higher number of prostate cancers among men taking Vitamin E alone and a slightly higher number of men who developed diabetes among the group taking Selenium alone. Researchers indicated these findings may just have been coincidental. Unfortunately, however, the study revealed no data to support claims that Vitamin E or Selenium reduced the risk of prostate cancer.