Miami Personal Injury Lawyer Blog

Seeing a rise in the number of employees claiming unpaid overtime, Miami Personal Injury Attorneys Greenberg & Stone are pleased to announce they are now handling wage and hour cases. The employment law division will be headed by Attorney Howard Weitzner.

Wage and Hour claims consist primarily of unpaid overtime and unpaid wages. This can include hourly, worker, salaried workers and people who work on commissions. There are federal and state laws that govern how workers are supposed to be paid. Violating these rules by failing to pay overtime or base wages can subject an employer to strict penalties such as liquidated damages and attorney's fees.

The Fair Labor Standards Act, or FLSA, provides a specific framework for who is entitled to overtime payment and who is not. There are certain exemptions from the statute, but a non exempt worker who is not paid overtime can go back two years and also claim liquidated damages, or double the amount of unpaid overtime.

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Depuy Orthopedics has announced a recall on all DePuy ASR XL Acetabular Systems and the ASR Hip Resurfacing Systems used in hip replacement surgeries after 2003. Early estimates show that the defective Depuy products were used in approximately 93,000 hip replacmenet surgeries worldwide. If you had a hip replacement surgery after 2003, it is important that you check your records and contact your doctor immediately to determine if you are affected by this recall.

Complaints and complications associated with Depuy artifical joint include loose hip cups,dislocations and additional fractures or muscle damage. Some people have reported increased movement of the joint, popping or clicking sensations and a decreased range of motion in the hip. The defective product has also been shown to cause metallosis, a condition caused by movement of the implant which may result in the release of higher, potentially dangerous levels of chromium and cobalt ions into the body.

Studies have shown that 12% of patients who had received the ASR Resurfacing System and 13% of patients who received the ASR total hip replacement needed to have it replaced through a revision surgery. This is an extraordinarily high failure rate for a prosthetic device. Most hip replacement are expected to last in excess of 15 years.

Depuy Offers Payment for Revision

On its Website, Depuy Orthopedics, which is owned by Johnson & Johnson, has initiated the recall and states that DePuy intends to cover reasonable and customary costs of testing and treatment associated with the ASR recall, including revision surgery if it is necessary. However, what most people don't realize is that by agreeing to participate in Depuy's program, they will likely be giving away certain rights. Depuy mentions nothing about compensating the people injured by its defective proudct for their pain, suffering, mental anguish and other intangibles.

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Hospitals across the country have attempted to protect themselves from medical malpractice suits by classifying doctors who work there as independent contractors rather than employees. Under the law, an employer is liable for the acts of its employee, but most times is not liable for the acts of an independent contractor. Though patients often think of the doctor as a member of the hospital staff without a second thought, some of the consent forms signed during a hospital stay expressly state that the doctor is an independent contractor. This may act as a bar to success in a lawsuit for malpractice committed by a doctor in a hospital setting.

Before releasing a hospital from liability for medical malpractice, be sure to examine the contract with the doctor and the admissions forms. Certain factual scenarios will still allow for a cause of action to be brought against the facility for hospital malpractice.

Hospital Employee Errors Can Lead to Hospital Liability

Other hospital employee errors can trigger liability for the hospital as well. The hospital, as an employer, may be responsible for errors by hospital employees, such as nurses, hospital staff and pharmacists. Improper dispensing of medication, lab errors and poor sterilization techniques that lead to infection are all sources of liability for the hospital. Inadequate training, supervision and staffing may also support claims for hospital malpractice.

Medical Malpractice Cases Require In-Depth Investigation

Usually, when dealing with a claim for medical malpractice, the injuries will be significant. Long-term care, future surgery, extensive physical therapy and other treatment can all be very expensive. Often, the doctor or person who committed the malpractice does not carry insurance. Therefore, to improve the likelihood of fair financial recovery for the injured person, it is very important to conduct a thorough investigation into the practices, policies and procedures of the hospital. Sometimes, a suit against the hospital for medical malpractice will be the only hope for a recovery.

An Attorney Can Help

For guidance and an evaluation of your legal rights after a possible incident of hospital malpractice, contact a knowledgeable medical malpractice attorney, like those at Greenberg & Stone, P.A. An experienced hospital malpractice lawyer can assess your case and help you receive the compensation you deserve. For more information, visit us at www.sgglaw.com.

Related Resource: ABC News "Medical Errors: Past and Present"