Articles Posted in Pinellas County Wrongful Death Attorneys

Yes, you can and our Tampa Bay Wrongful Death Attorneys at Whittel & Melton can help you. Unfortunately, what comes along with being the No. 1 destination for retirement migration in the United States is a Florida Nursing Home and Elderly Care business community that has a history of being labeled as broken, dirty, criminal, grossly negligent, reckless, and careless. Generally speaking, the financial and human demand of the senior citizens in our state has never been adequately met by a business community with satisfactory staffed facilities that operate with policies and procedures to allow the elderly the dignity of quality medical and human care in the later years of their life.

As has been done so many times in the past, this week another personal representative has filed a lawsuit in Pinellas County, this time against a Treasure Island nursing home facility, alleging negligence led to the death of a resident.

As reported, a personal representative of the deceased filed a complaint Nov. 13 in Pinellas Circuit Court against Cross Terrace Rehabilitation Center, alleging violation of a resident’s rights.

According to the complaint, during the deceased woman’s residency at Cross Terrace Rehabilitation Center, she suffered from physical abuse and neglect, leading to her death Sept. 20, 2015.

The personal representative alleges Cross Terrace Rehabilitation Center failed to timely and appropriately protect the deceased from abuse and/or neglect and failed to timely and appropriately document the mental and physical abuse and/or neglect she suffered.

No one should ever lose a loved one because of negligence or abusive treatment in a nursing home. Sadly, this happens across the country and especially our state every single day.

If you have concerns about the level of care and treatment of your loved one, speak up.  Each day is a blessing, especially for our elderly.

In addition to the legal accountability for a wrongful death (which could translate equally in both civil and criminal court), there are financial consequences that the nursing home owners, management and/or staff members may be responsible for.  In a wrongful death caused by negligence and/or abuse, surviving family members may be eligible to recover financial compensation for their loss as survivors pursuant to the Wrongful Death Statute in Florida.

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A 7-month-old girl died Friday after she was bitten by the family dog.

Clearwater Fire Rescue responded to a call at the Fairwood Avenue residence about 2:12 p.m. Friday.

Authorities said the girl was being taken care of by her grandparents when a mixed-breed dog bit her.

The girl was transported to Mease Countryside Hospital, where she later died.

As is customary in such cases, Clearwater Police are conducting an investigation, in conjunction with the Department of Children and Families.

The dog has been removed from the home and taken to Pinellas County Animal Services.

Dogs can bring much happiness into our lives as well as decrease stress. Americans own an estimated 70 to 80 million dogs as pets. The sad truth is that sometimes dogs bite, and the aftermath can be deadly. Millions of Americans are bitten by dogs each year, and some of these dog bites cause serious injuries.

Dog bite injuries are the second most frequent cause of visits to emergency rooms among children, according to the Centers for Disease Control and Prevention. Dog bites are responsible for almost 340,000 emergency room trips each year for children 12 years of age and under. Most dog bites, 61 percent to be exact, occur at home or in a familiar place.

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Pinellas County has the highest bicycle fatality rate of any major metro area in the U.S., according to federal data. Its per-capita cyclist death rate for the past decade ranks No. 1 among the four counties in the Tampa Bay metro area.

In fact, Florida has by far the highest per-capita bicyclist death rate in the country.

The number of cyclists killed in motor-vehicle crashes nationwide hit 840 in 2016—the most recent data available—according to the National Highway Traffic Safety Administration. That was the most since 1991 and a 35% jump from 2010.

A range of likely reasons explains the rise in deaths, including more overall vehicular traffic and driver distractions, according to people who track transportation trends.

Texting drivers is a huge problem. Alcohol is yet another big factor. In 2015, 22% of fatally injured cyclists, and 12% of drivers in these crashes, had a blood-alcohol content level of at least 0.08, the legal limit for motorists in most states, according to the nonprofit Governors Highway Safety Association.

While cyclist death rates have risen in many states since 2010, the three with the most fatalities since then—Florida, California and Texas—account for about 40% of all cyclist deaths, according to NHTSA, despite having 27% of the nation’s population.

Florida’s numbers are bad even when compared with other warm-weather states. Its recent 10-year cyclist fatality rate was 6.2 deaths per 100,000 residents; that is 59% higher than the rate in Louisiana, the state with the second-highest level.

State transportation officials say they have made a concerted effort since 2014 to boost cycling safety. The Florida Department of Transportation changed its standard width for bike lanes from 4 to 7 feet and now recommends buffered or protected bike lanes. The agency launched a $100 million push in 2016 to better light 2,500 locations where the number of nighttime crashes involving pedestrians and bicyclists was high.

The state agency also lowered speed limits in some places, officials said. Local police have stepped up education efforts on topics such as using lights at night and riding with the flow of traffic.

Cycling deaths in Florida fell to 116 in 2017, the fewest since 2010 and a significant drop from recent years, according to preliminary state data. But so far this year, bike fatalities involving motor-vehicles are trending higher: Through Sept. 23, the state said 95 cyclists had been killed in such accidents, putting it on track for about 130 for the year.

Six of those bicyclists died in Pinellas County, which includes the coastal cities of St. Petersburg and Clearwater.

When a motorist is found to have caused a fatal bicycle accident, they may be liable in a wrongful death lawsuit. While not all fatal accidents are considered wrongful deaths, those that are caused by another person’s negligence are. In Florida, wrongful death lawsuits can be filed by the family, usually the parents, spouse or children of the victim, and any blood relative or adoptive sibling who is “partly or wholly dependent on the decedent for support or services.”

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A Pinellas County resident is suing a nursing home, alleging insufficient measures were taken to prevent injuries and loss of consortium.

A personal representative of an elderly man who passed away filed a complaint July 10 in Pinellas County Circuit Court against FI-Highland Pines, LLC doing business as Highland Pines Rehabilitation Center, alleging failure to provide adequate and appropriate health care and protective and support services resulting in wrongful death.

According to the complaint, the senior suffering from the infirmities of aging, was a resident at Highland Pines Rehabilitation Center. The suit says he developed pressure sores and infections during his stay in the facility, which resulted in pain, suffering, disability, humiliation, mental anguish, health deterioration, malnutrition and wrongful death on April 2.

His heirs say they also suffered the loss of support, love, companionship and incurred substantial expenses in hospitalization, medical care and treatment and funeral expenses.

The suit alleges that Highland Pines Rehabilitation Center failed to provide adequate and appropriate health care and protective and support services resulting in wrongful death.

When you leave a loved one in a nursing home, you expect that they will be safe and well-cared for. You are paying the staff to care for your family member and look after their needs. However, it is all too common for seniors left in nursing homes to suffer from neglect and abuse at the hands of the staff in charge of their care. In the worst cases, incidents of abuse and neglect end up causing death. If the nursing home resident’s death was caused by abuse and neglect, their family members may be eligible to file a wrongful death lawsuit against the nursing home to recover compensation for the loss of their loved one.

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Hillsborough County Sheriff’s Office deputies arrested a Certified Nursing Assistant accused of sexually assaulting an 85-year-old man.

The 35-year-old is charged with one count of sexual battery.

Deputies say that through June 6 and June 9, the man sexually assaulted the man.

The man was allegedly working as a CNA at a senior living home, where the 85-year-old man lived.

The man is currently being held at Orient Road Jail.

Sexual assault in a nursing home or assisted living facility does happen. This can be the result of the facility not conducting proper background checks on every potential employee. When the facility fails to provide proper screening on any employee with a sexual abuse history, they can be held liable for any sexual abuse and/or negligence.

The facility can also be held liable for the sexual abuse because of improper employee supervision. This is often the result of poor training or understaffing. The nursing facility is required to properly train and supervise all employees on the best methods of spotting sexual abuse. When this does not happen, the facility can be held responsible for failing to take proper security measures to protect residents.

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Pinellas County parents are suing a St. Petersburg hospital, alleging negligence in the delivery of their son.

The couple filed a complaint on April 2 in Pinellas Circuit Court against CHS/Community Health Systems Inc., doing business as Bayfront Health St. Petersburg, alleging the hospital breached professional standards of care and treatment.

According to the complaint, on May 4, 2017, the woman was at Bayfront Health for the delivery of her son who suffered a brain injury during the birth procedure. The lawsuit says the parents suffered irreparable harm, including additional medical costs, time and resources in an attempt to secure medical records as a result of the unlawful practice of the hospital to withhold portions of the records that are crucial evidences to evaluate medical negligence for the woman’s labor and delivery.

The parents allege Bayfront Health St. Petersburg violated state and federal laws pertaining to their right to health information.

Medical malpractice or negligence cases involve a complex set of rules regarding standards of care. To be successful in these cases against negligent medical providers, you need a Pinellas County Medical Malpractice Attorney at Whittel & Melton who understand the complicated legal facets of your case and can tackle even the most daunting of opponents on your behalf.

We pride ourselves on helping those who have been injured by the negligence or carelessness of doctors, nurses, OB-GYNs and other medical providers in Pinellas County and throughout the state of Florida. Many labor and delivery medical malpractice cases involve:

  • Birth injuries
  • Misdiagnosis or delayed diagnosis
  • Brain injuries
  • Spinal cord injuries
  • Defective medical devices
  • Dangerous drug interactions
  • Prescription medication errors
  • Surgical mistakes
  • Anesthesia errors

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A 35-year-old Dunedin woman was killed early Wednesday when she was struck by a semi-truck.

According to Clearwater police, the crash happened on U.S. 19 around 1 a.m. The woman was struck by a tractor-trailer headed south on U.S. 19 just north of Sunset Point Road.

Police said the woman walked into the southbound lanes of traffic on U.S. 19 and the 50-year-old driver of the semi was unable to avoid striking her.

The U.S. 19 lanes were closed for several hours.

The crash remains under investigation.

The injuries suffered after being hit by a semi can be life-changing. They usually result in catastrophic injuries or death. If you do survive this type of crash, hospital bills, physical therapy, and time missed from work to heal can severely impact your physical, emotional and financial well-being.

In most cases, insurance companies will be eager to settle your claim, but may not offer you the full and fair amount you are entitled to. For your own protection, never sign anything from an insurance company until you have spoken with an attorney, who can make sure your best interests are protected.

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An 18-year-old man was killed in a motorcycle crash early Monday morning.

Troopers said the motorcyclist crashed into a Pinellas County school bus and died from the injuries he sustained.

The crash occurred just before 7 a.m. at 49th Street N. and 58th Avenue N. in Pinellas County.

Troopers said the man was speeding down 49th Street N. changing lanes multiple times. A school bus transporting seven children to Sawgrass Elementary School was traveling southbound on 49th Street N. and turned east onto 58th Avenue N. well ahead of the motorcycle, which was traveling northbound on 49th St.

Troopers said the man came upon the intersection and changed lanes again to pass another vehicle, and collided with the right rear corner of the school bus on the east side of the intersection.

The man was ejected from his bike and died at the scene.

Troopers said no one on the bus was injured during the crash.

Helmets, protective gear, and making sure to follow all motorcycle safety practices and precautions are all various ways motorcyclists can avoid sustaining injuries in motorcycle crashes. However, motorcyclists share the road with hundreds of larger, heavier vehicles at any given time. All it takes is one mistake from a driver to cause a tragic accident.

Accidents between motorcycles and larger, heavier vehicles rarely end well for the motorcyclist. If the motorcyclist does survive the collision, they usually suffer catastrophic injuries.

Establishing fault in a motorcycle accident can often be a challenge. Auto insurance companies will do everything in their power to try and claim that the motorcyclist was at fault, but that just simply is not always the case. Even the safest of motorcyclists are always at risk due to careless drivers sharing the roadway.

If someone you love was taken from you in a motorcycle accident, you may be able to file a wrongful death lawsuit to recover damages. While this cannot bring your loved one back, it can help make sure you are financially taken care of so that you can grieve properly.

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St. Petersburg police are investigating an early morning traffic crash that sent one person to the hospital with serious injuries.

The crash occurred around 12:41 a.m. at Central Avenue and 45th Street in St. Pete.

Police said a Volkswagen, driven by a 22-year-old woman was driving northbound on 45th St. and stopped at a stop sign at Central Ave. The Volkswagen began to make a left hand turn and drove into the path of a Yamaha traveling eastbound on Central Avenue.

Police said the Yamaha, driven by a 25-year-old man, crashed into the rear driver side of the Volkswagen.

The man was thrown from his bike and was transported to Bayfront Health St. Petersburg with life-threatening injuries. Officials said he is considered to be in critical condition.

The driver of the Volkswagen was transported to Bayfront with minor injuries. A passenger in her vehicle was treated and released at the scene.

Officials claim both drivers were found to have signs of impairment by alcohol. Criminal charges are pending the results of blood tests, officials said.

When a drunk driver is on the road, they place everyone sharing the roadway with them in danger. Motorcyclists are exceptionally vulnerable to drunk drivers. They have less protection than other motorists and they are harder to identify by intoxicated drivers.  

Motorcyclists are 35 times more likely to be involved in a fatal accident than those utilizing a passenger car, which means that roughly 11 percent of all traffic accidents in the US involve a motorcycle.

Drunk driving accidents can result in serious injuries and even wrongful death. If you or someone you care for was the victim of a drunk driving accident while on a motorcycle, you need to seek the legal counsel that you deserve to recover damages from the at-fault party. Our St. Petersburg Motorcycle Accident Lawyers at Whittel & Melton can help you through your case and assist you with determining what your options are.

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One person was killed and another injured after a crash early Monday in Palm Harbor involving pedestrians.

According to the Florida Highway Patrol, northbound US 19 was closed at Alderman Road for several hours early Monday. The roadway was reopened just after 7 a.m.

Troopers said a 2016 Honda Civic collided with two pedestrians crossing the northbound lanes of US Highway 19 at Alderman Road at the south end of the intersection.

The crash happened just after 4 a.m.

The driver of the Honda remained at the scene of the crash.

An 18-year-old man from Palm Harbor died at the scene. A female with him was taken to Bayonet Point Hospital in critical condition. The 47-year-old driver of the Honda was not injured.

The crash is currently under investigation.

Pedestrians are the most vulnerable people on the road. And because they are the most vulnerable, they should also be the most protected under Florida law. Our Tampa Pedestrian Accident Injury & Death Lawyers at Whittel & Melton can help you understand what your rights are if you have lost someone or been injured in a pedestrian accident.

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