David Hughes Harris's Answers

Are Certain Hospitals Granted Immunity From Being Sued?

In Florida, public hospitals and even private agents of those hospitals and medical centers, are granted protection from unlimited damages by the Florida sovereign immunity statute. This statute caps damages for public hospitals and employees (as well as all State, county, and city employees) at $100,000 (which will be raised to $200,000 in October under new legislation). The only way to exceed this cap is to have a private bill -- called a claims bill -- passed by the Florida Legislature...

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I have been waiting six months to get the rest of the settlement money for a accident,, is there a way to get the rest of my mon

I can only address this question generally because of the limited information. Generally, a lawyer has to to hold onto enough of the settlement funds to make sure he/she/they can pay any outstanding medical bills or liens associated with the accident claim. This is why sometimes an attorney can distribute some funds to the client but must keep the rest in escrow (trust account) until all valid creditors (i.e. doctors, hospital, health insurance lien, etc.) have been paid their balances due...

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Minor childs auto accident settlement

Sorry to hear of these circumstances. Your question is quite general, so I can only provide you some things to look for and general suggestions. The court must approve a settlement. See the following Florida statutes 744.301, 744.387, 744.3025, which provide a breakdown of when a guardian must be appointed as well. Courts typically require such funds to be placed into a restricted account accessible after the minor has reached age of majority. You will need to obtain a copy of the court...

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How long does it takes to get a letter regarding a traffic accident hearing. Person who hit my car said he would fit the ticket.

You can contact the traffic court and inquire about the court date as you are the eyewitness/victim and sustained property damage in the incident. Reference the traffic crash report number, which may help the clerk find it in the system. You may be able to search for the information online at the Miami-Dade Clerk of Court website, and obtain a court number or docket number. Because you are identified in the traffic crash report (police report), the law enforcement agency handling the...

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Can u b at fault for a rear end collision of an unsafe vehicle, no seat belt, dune buggy like vehicle, person thrown to street

All the attorneys are on the same page here. Your insurer has the duty to defend you up to the limits of the policy. You need to contact your insurance carrier immediately if you have not already done so. They will hire a lawyer to defend the claim if a lawsuit is filed. Do not waste time on this. Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information...

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Prescription medicine found in my soda from fast food chain.

Whether you have a claim will depend on whether you have suffered any actual injury, and whether the drink was free from tampering after it left the establishment which sold it.

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Can my sons who are 27 and 30 sue hospital or drs for wrongful death or other lawsuit for death of their father.

So sorry to hear of your sons' loss. Agree with prior post from Florida attorney regarding medical malpractice actions in Florida. Florida has a very strict pre-suit procedure which must be followed, and it is expensive for the attorney planning to pursue the claim because he/she must be armed with the appropriate medical expert affidavit of merit that a breach of the applicable standard(s) of care exist(s). That having been said, many lawyers will not pursue a medical malpractice...

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Slip and fall?

If the step down is up to code (building code), then this is a difficult claim to make. The fact that it is there one day, but not the next, does not on its face suggest negligence on the part of the doctor's office. There could be several reasons for the ramp removal, not the least of which perhaps the ramp posed problems for ingress/egress of patients. Everyone has a duty under the law to exercise reasonable care, including you, including me, including the doctor's office, etc. If we don'...

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Yesterday I went to burger king on my lunch break I purchased a meal. Driving back to work I started eating I took two bites of

As pointed out, a contaminated food claim broken down to its most basic legal elements is essential a defective product claim. We know from time to time fast food is contaminated by foreign objects. The nature of the contamination has a direct relationship to the remedy. The ultimate issue, in any contamination case, is damages. Were you physically hurt? Did you see a doctor to get checked up? Did you need to take antibiotics or other meds as a preventative measure or to fight off illness...

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I feel in a store and the injury's are catastrofic.The case is in fortlauderdale.I have brain damage , and got 6 surguries thus

So sorry to hear of your situation. It sounds like you want and need a second opinion. This can be done by phone or in person, but an evaluation should not occur in a public forum such as this one. In order for any experienced lawyer to evaluate the claim, he/she will want to know more facts: • date of incident • defendant name • were you taken by EMS to hospital • exact diagnoses and any prognosis of your future condition(s) • were the injuries caused by the fall, and has any MD or...

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