Protect Your Child From Daycare Negligence: 7 Things to Look For When Selecting a Daycare Provider

It’s hard enough leaving your child with a daycare provider to go to work. It’s even harder when the news is filled with horror stories of children who have been neglected or injured at daycare facilities. What can parents do to ensure they are choosing a safe and qualified daycare provider?

Although daycare negligence is a scary concept, it doesn’t usually “just happen”. There are clues that can indicate whether a facility is at risk of suffering a negligence-related injury. While there is no guarantee that a negligent situation won’t arise, daycare facilities that proactively work to limit risk are less likely to encounter such situations. 

7 Criteria That Can Help Parents Gauge Daycare Negligence Risk

Here are a few things that reduce negligence risk in daycare facilities; parents should look for at these criteria when selecting a daycare facility: 

  1. Caregiver to child ratios. In general, lower ratios will result in better care; the more adults there are who are able to look after the children the better. The State of Florida does mandate adult to child ratios as part of daycare licensing. Legal ratios range from 1 adult for every 4 infants to 1 adult for every 25 children over the age of 5. 
  2. State License. Large daycare centers must be registered with the State. This ensures regular inspections by state officials. Family daycare homes are not licensed or inspected by the State, though they do have to register with the State. Ask to see the appropriate credentials when interviewing daycare providers for your child. 
  3. Easy access to first aid supplies. First aid supplies should be on-site and within easy reach of adults. 
  4. Proper safety standards. Take a good look at the safety features that are in place at the site. Is the outside play area fenced in? Is the playground equipment in good repair with wood chips or sand underneath to minimize fall damage? Are outlets covered and dangerous chemicals locked away from children? Do they have protections in place to prevent children from “wandering” into areas they should not be or worse, getting out the front door alone?
  5. Adequate access to food and water. It’s incredible that parents even have to ask this question, but make sure the children have access to water throughout the day and have a set snack and meal schedule? 
  6. Proper bathroom facilities. Again, this should go without saying, but make sure there are clean and functioning bathroom facilities at the site! 
  7. Employee checks. Ask what protections are in place for hiring employees? Do they undergo a background check? Do they have policies that employees must sign that forbid all forms of physical, mental, emotional and/or sexual abuse? What kind of training do employees receive and how frequently?

Contact The Beregovich Law Firm With Daycare Negligence Questions

If you have concerns about your daycare facility or think your child may have suffered from daycare negligence, contact The Beregovich Law Firm. Our Florida daycare negligence attorney can help determine if the incident was a simple accident or if negligence may be at play.   

Call (800) 631-9009 or email us to arrange a consultation to discuss your situation today.

 

Daycare Negligence Extends Beyond Physical Violence

When the words “daycare negligence” come up, images of abused children spring to mind, but negligence is actually a much broader concept that goes far beyond physical violence. There are many ways that a daycare facility could be negligent in their delivery of childcare without the child actually being physically abused.

Negligence Can Happen in Many Ways 

While there is no doubt that a daycare provider or employee who hits or physically restrains a child is acting negligently, there are many other ways that providers could be sued for negligence

Daycare negligence is a breach of duty on the part of the daycare provider. A daycare provider’s primary duty is to treat children with reasonable care. Obviously, this includes not physically abusing children, but it also includes ensuring their safety and well-being as well as providing for their physical and emotional care. To ensure this standard of care, daycare providers must provide proper shelter, food, rest, and age-appropriate activities for the children in their care. This care must be delivered in a safe and secure setting; a provider could be negligent if the building is dangerous or the outdoor play area is not secure.

Parents may not notice signs of physical abuse on their children, but that does not mean there isn’t negligence on the part of the daycare provider. Subtler signs of negligence include:

  • Low number of employees/providers relative to number of children. Florida does require minimum adult to child ratios starting with 1 adult for every 4 infants and increasing the number of children one adult can care for from there. Even if the facility complies with the required ratio that doesn’t always mean children are receiving adequate care. If you have concerns discuss them with the site manager.
  • No-no’s are within easy reach of children. A daycare facility can be negligent if children can put themselves in dangerous situations. This includes children having access to cleaning products, office or craft supplies, or small objects that could be a choking hazard. If these items are lying around within reach of children, the facility is being negligent.
  • Unsafe conditions or situations. Broken doors, windows, fencing, and gates and old or broken playground equipment are signs of negligence. Any one of these things could lead to a child being hurt.
  • Changes in your child’s personality. Physical abuse is easier to spot than emotional abuse, but emotional abuse can and does occur at daycare facilities. Be wary if your child becomes withdrawn or starts acting more timid or unsure at home. He or she may be experiencing emotional abuse at daycare.
  • Hungry or thirsty kids. If your child comes home hungry or thirsty every day, he or she may not be receiving enough food or water at daycare. Ask about food and drink schedules and pay attention to your child’s weight. If they start to lose weight or become dehydrated it is a red flag.

Our Florida Daycare Negligence Attorney Can Help You

If you suspect negligence at your child’s daycare facility, contact Andres Beregovich, Esq. at The Beregovich Law Firm right away. Mr. Beregovich will listen to your suspicions and advise you on an appropriate course of action. We can investigate whether or not the facility is appropriately licensed and staffed, tell you if the concerns you have qualify as negligence or not, or help you obtain compensation for your child’s injuries.

Contact The Beregovich Law Firm at (800) 631-9009 or email us to schedule a consultation at your convenience.

What Does Florida’s No-Fault Auto Insurance Law Mean For Car Accident Victims?

Florida is considered a “no-fault” auto insurance state. This does not mean that drivers can’t be held responsible for causing a car accident. Rather, it is an auto insurance issue that is intended to help those who have been in car accidents quickly obtain insurance money to help pay for medical bills and property damage. 

Under state law, all drivers are required to carry at least $10,000 in Personal Injury Protection (PIP) auto insurance. If you are involved in an accident, you can file a claim with your own insurance provider to help pay for any expenses incurred. The intent was to help speed up payments to injured parties without having to go through a legal battle to determine fault and then work with the other insurance company to get a payout.

No-Fault Does Not Mean No Claim

Just because Florida is a no-fault state does not mean a victim can’t file a claim against the other party. Drivers who caused a car accident in Florida can still be sued. PIP coverage only covers 80% of medical bills and 60% of lost wages or income and it only kicks in after the deductible has been met. In many cases, this is simply not enough compensation to cover all of the costs associated with the car accident and a car accident lawsuit may be pursued.

Another exception is if permanent injuries or death occurred. In that case, the one who caused the accident can be sued directly regardless of the no-fault coverage.

Meet With Our Florida Car Accident Attorney To Determine Your Next Steps

If you have been injured in a car accident, you may have basis for a claim, despite the state’s no-fault law. Contact The Beregovich Law Firm for advice and a legal assessment of your situation. You may be able to obtain additional funds to help pay medical bills, replace lost income, and repair or replace your car.

Call (800) 631-9009 or email us to arrange a consultation at your convenience.

Florida Lawmakers Finally Address Medical Malpractice At Cosmetic Spas

After years of watching women suffer at the hands of poorly regulated cosmetic surgery clinics in Florida, the state legislature is finally enacting some protections for consumers. Just this month, USA Today reported that the Florida State Legislature had passed legislation that would allow the state to punish plastic surgery facilities, shut down the worst offenders, and require the clinics to carry a minimum of $250,000 in medical malpractice insurance coverage.

Incredibly, this is the first law in Florida that even attempts to provide some kind of consumer protections for patients! In fact, it is due to that lack of regulation that Florida has become a magnet for unscrupulous cosmetic surgeons and spas.

The Beregovich Law Firm has been at the forefront of this fight, representing women who have been disfigured and injured by such clinics.

A Start, But Not A Solution

While the legislation is a step in the right direction, time will tell if it protects patients the way it was intended. There is always a possibility that clinics will find loopholes or that the state won’t adequately investigate facilities when an incident occurs.

One glaring omission from the legislation is a requirement to screen owners for criminal records. As it stands now, convicted felons can (and have!) open clinics where women have later died. There’s also a lack of oversight of the doctors performing the procedures, with many having been disciplined or cited for misconduct.

Our medical malpractice attorney, Andres Beregovich, had this to say about the legislation:

“We have a ways to go, but at least this is a start. I’m hopeful that this legislation will open consumers’ and lawmakers’ eyes to the flagrant disregard for patient safety at these clinics and will lead to better oversight and regulation of these facilities. Too many women have suffered at these clinics. It’s time to say enough is enough and get some strong protections in place for consumers. I plan to follow this issue closely and continue to advocate on behalf of patients.”   

Contact The Beregovich Law Firm With Medical Malpractice Questions

If you or a loved one has been injured at a cosmetic clinic or spa, contact The Beregovich Law Firm for advice. We work with people across the country who have been injured at Florida clinics and can advise you on your best course of action.

Call our firm at (800) 631-9009 or contact us online to discuss your situation confidentially.

Beregovich Law Fights For Victims Of Medical Malpractice In Florida

Reports of medical malpractice involving Florida cosmetic clinics are on the rise. Marketed across the country as affordable, simple, and safe, the reality is that many of these procedures are anything but – and patients pay the price.

Unfortunately, Florida does not require physicians to carry medical malpractice insurance, which puts consumers at a disadvantage if they are injured or hurt due to a cosmetic procedure. Even more alarming are examples of convicted felons opening and operating cosmetic surgery clinics!

With the state unwilling to protect these patients, Beregovich Law is happy to step in. We have represented victims and families of victims who have suffered organ damage, disfigurement, pain and suffering, and even death as a result of cosmetic procedures gone wrong. Our clients live all around the United States, but the one thing they have in common is injury from a plastic surgery procedure that took place in Florida.

Andres Beregovich: A Victim’s Best Advocate

It can be difficult to find a medical malpractice attorney who is willing to represent victims when medical malpractice insurance isn’t involved. Insurance means deeper pockets, bigger payouts, and more compensation for the attorneys.

Andres Beregovich sees things differently. Rather than focusing on how much of a payout can be obtained and whether or not it would be worth his time to represent a victim, he is much more focused getting justice for the victims and protecting other patients from being injured by the same physician or clinic. That’s why The Beregovich Law Firm has clients seeking our help from all over the U.S. We’re not in it for the money. We’re in it to help victims.

We want to help victims move forward with their lives as best they can by securing compensation for their injuries and, equally as important, an acknowledgment that they have been grievously wronged. Many of our clients say they “don’t want this to happen to anyone else” and yearn for a simple acknowledgment that they have suffered unjustly. They want to hear an apology or even just a recognition that a wrong occurred through no fault of their own. We help obtain that closure so victims can focus on healing from their injuries, both physically and mentally.

Hire A Medical Malpractice Attorney Who has Your Best Interests At Heart

If you have been injured as a result of a cosmetic surgery procedure in Florida, contact The Beregovich Law Firm and tell us your story. We can help you obtain compensation for your injuries and the closure you need to move forward with your life.

Call (800) 631-9009 or email us to arrange a free consultation. We represent victims throughout the United States.

It’s Past Time For Florida To Address Medical Malpractice Loopholes

Florida may finally be addressing some of the biggest problems in the state’s “medical tourism” industry and all we can say about that is it’s about time! The state has become a magnet for cosmetic surgery clinics due, in part, to its non-existent medical malpractice laws and consumer protections. While some argue that this has made cosmetic procedures more affordable and more accessible to more people, our medical malpractice attorney, Andres Beregovich, sees things differently.

“Florida promotes and supports medical tourism. They need to have laws in place that will protect the consumer when something, God forbid, happens.”

The Beregovich Law Firm has represented several victims of botched medical procedures that have taken place in the state. We have seen victims suffer life-changing injuries, disfigurement, pain and discomfort, and even death due to the state’s lax oversight of cosmetic procedures. The lack of regulation may make procedures more accessible, but it comes at a very, very high cost.

New Legislation on the Horizon

Things may be about to change, however. As reported by the AP, legislation was recently introduced in the state House to require facilities and doctors to demonstrate that they have the financial ability to pay out claims when the physician or facility is determined to be at fault for serious injury. Current Florida law does not require cosmetic surgery clinics to have medical liability insurance. The legislation also gives the state Health Department authorization to suspend or place five-year bans on facility owners and physicians who fail to comply with the rule changes, preventing new clinics from being opened under another name, and it would require surgery centers to be at least partly owned a medical doctor.

All of these changes are a good thing for consumers who are putting themselves at risk every time they have a procedure done in the state. Without effective oversight, it’s far too easy for unqualified surgeons to botch procedures, destroying victim’s lives, and yet, be back at it again the next day with no repercussions.

Beregovich Law Advocates For Victims

Our Florida medical malpractice attorney, Andres Beregovich, represents clients across the U.S. who are suing Florida doctors and clinics for disastrous cosmetic surgery outcomes. If you have suffered illness, injury, or disfigurement due to a poorly performed cosmetic procedure in Florida, we want to hear from you!

Contact The Beregovich Law Firm with your story so we can help you recover financial compensation for your injuries and continue to advocate for better consumer protections that will help prevent others from suffering a similar fate.  Call (800) 631-9009 or email us to arrange a free consultation.

 

Photo:

https://www.apnews.com

FIU Bridge Collapse Marks One Year Anniversary But For Victims The Nightmare Continues

March 15, 2019, marked one year since the shocking FIU pedestrian bridge collapse; an incident that killed six people and injured eight more. Two of those victims are represented by Andres Beregovich, Esq. of The Beregovich Law Firm as they navigate multiple lawsuits related to the incident.

Our clients, a husband and wife, were in a car almost directly underneath the bridge when it collapsed. They escaped with their lives, but not the front end of their vehicle, and suffered traumatic physical and emotional injuries as a result of the collapse. A year later and they have both lost their jobs due to their inability to work and are still seeing physical therapists and psychologists for treatment related to the accident.

Click here to read a recent Miami New Times story about the situation.

“Alive, But Still Suffering”

To add insult to injury, the couple has had trouble getting insurers to pay out under their policies and are faced with mounting bills. That’s unacceptable to Andres Beregovich, their personal injury attorney.

“They’re alive, so they’re still suffering, and these companies, the only thing they care about is their bottom line,” explained personal injury attorney, Andres Beregovich. “The defendants have a great opportunity right now to stop my clients suffering right now. And the ball’s in their court right now as to whether they want to do it the hard way or the easy way.”

The easy way would be to pay the victims the insurance money they are due or to provide the insurance coverage that they’ve paid for. The hard way is to continue to litigate the issue, “I’d prefer to do things the easy way and so would my clients, but we’re not being given much of a choice, so the hard way it is,” said Beregovich.

Advocating For Victim’s Rights

Beregovich is helping his clients on multiple fronts, bringing a negligence lawsuit against the companies that designed and built the bridge and defending his clients from countersuits brought by insurance providers who don’t want to provide coverage for his clients.

“To me, it’s absolutely disgusting,” Beregovich says. “These are very complicated insurance issues where everyone is just pointing the finger at each other.”

This situation is a perfect example of how Andres Beregovich fights for victim’s rights even when the situation looks bleak. In fact, Beregovich argues that those bleak situations make it even more crucial that victims explore their legal rights.

“Victims can’t do this by themselves. They need help from someone who is familiar with all the tricks and intimidation tactics that businesses and insurers use to avoid responsibility. Helping people who are suffering and really need a win is what drives me. I fight for the little guys so they can hopefully move past their traumatic incident and get on with their lives.”

Have You Been Injured? Contact The Beregovich Law Firm

If you have been injured in an accident and want to explore your legal options, contact The Beregovich Law Firm. We’ll listen to your side of the story, examine the evidence, and provide you with honest advice about your situation.

Call (800) 631-9009 or email us to arrange a free consultation.

 

Photo:

https://www.miaminewtimes.com/

Don’t Let Spring Fever Lead To An Auto Accident

Spring break is in full swing here in Florida. That means plenty of winter-weary travelers are hitting the highways in search of some fun in the sun. More drivers on the road, distracted drivers, drunk drivers, and even inexperienced drivers all up the chances of a car accident occurring. While even the best drivers can get into a car accident, you can reduce your chances by remembering your defensive driving skills.

Defensive Driving Saves Lives

Defensive driving is sometimes confused with aggressive driving, but they are not the same thing. “Defensive” driving means defending or protecting yourself from threats on the road. Where an aggressive driver may try to get through that yellow light, a defensive driver will take stock of whether or not it would be safer to stop suddenly or to go through the yellow.

Being aware of your situation and thinking ahead are hallmark skills of a defensive driver. Defensive drivers:

  • Stay focused on driving. They don’t use their phones or multi-task while driving, nor do they try to pick things up off the floor or reach into the backseat.
  • Obey traffic laws and best practices. Sticking to the speed limit, obeying traffic signs and signals, yielding to pedestrians, and maintaining a safe distance between cars protect drivers and passengers.
  • Are aware of other drivers. They pay attention to what other drivers are doing and are prepared to respond appropriately.
  • Plan ahead. Know where you’re going and how long it takes to get there. Check your route ahead of time so you’re not surprised by construction or heavy traffic.

Involved in a Car Accident? Contact Us

Despite all of these precautions and your best intentions, car accidents can still happen. If you are involved in a car accident in Florida, contact The Beregovich Law Firm for help. We can help you navigate the insurance claims process, fight against denied claims, or file injury lawsuits. Contact us at (800) 631-9009 or email us to discuss your situation free of charge.

“Perfect Storm” Of Lax Liability Laws In Florida Allows Medical Negligence Reports To Build Up

Examining the alarming rise in illnesses and injuries associated with certain cosmetic procedures in Florida, USA Today has published an investigative piece that takes a hard look at how cosmetic surgery clinics sacrifice patient safety in favor of lining surgeon and clinic wallets – and they seem to do it without fear of legal repercussions.

The report examines how eight women have died as a result of botched cosmetic procedures performed by doctors at the same Miami clinic; the highest number of casualties of any clinic in the state. How the physicians involved have been able to keep operating is a study in the intricate licensing and health and safety loopholes the cosmetic surgery industry has been able to use to their advantage. Read the entire USA Today article here.

The Beregovich Law Firm is not willing to let that continue. We have represented patients who have been injured at the clinic in question and other clinics to advocate for patient safety and fight for injured patients’ right to compensation for their injuries.

Andres Beregovich Fights For Patients

Our personal injury attorney, Andres Beregovich, is a fierce advocate for injured patients, particularly because so few other attorneys are willing to take up the challenge:

“In Miami, Florida, there exists a perfect storm wherein doctors and lawyers have created a formula for doctors to avoid liability and the consequences of their medical negligence by taking advantage of Florida’s lax financial responsibility laws. A community of surgeons in South Florida that have demonstrated their ability to consistently maim, disfigure and often kill their patients with little to no scrutiny by the Florida Department of Health and in the face of any empathy for humanity.

To add insult to injury, neither the surgeons nor the surgical clinics from which they operate maintain malpractice insurance for the nefarious acts they’ve committed. Since when is demanding a professional’s compliance with financial responsibility laws not a private cause of action when the professional will be performing major surgery under anesthesia? The line I get most from defense counsel representing the surgeons against my medical malpractice claims is, ‘Are you really going to go forward with this lawsuit with the knowledge that my client and his practice are uninsured? Fortunately, my client retained a lawyer many years ago on how to protect himself and his business from judgments.’

In the face of this despicable yet honest truism, my answer has always been, ‘Yes’.

Uninsured doctors are not immune from liability because tort lawyers won’t prosecute claims if there is no prospect of recovery. I am championing this cause and in the process, providing my colleagues with a model in which to prosecute the egregious acts of medical malpractice against certain doctors and the surgical clinics from which they operate who have all elected to not maintain malpractice insurance in order to avoid liability.”

The Beregovich Law Firm Will Fight For You

Help is available for patients who have been injured during medical procedures! The Beregovich Law Firm is dedicated to challenging these loopholes and holding physicians and clinics accountable for the damage they cause.

If you think you have been injured due to medical negligence or medical malpractice, contact our firm at (800) 631-9009 or email us today to arrange a consultation with our Florida medical malpractice attorney.

 

Photo:

https://www.usatoday.com

Personal Injury Can Take The Form Of Financial Loss As Well As Physical Injury

There’s a common misconception that you must be physically injured by another party to file a personal injury or negligence lawsuit. That is not true. In legal terms, “injury” or “loss” can take many forms, including financial losses.

We recently represented a client who lost over $100,000 worth of valuables from what should have been the safest place to store them – a safety deposit box at the local branch of a national banking institution.

As reported in the Orlando Sentinel, a school teacher had been using a safety deposit box at a local bank to safeguard family heirlooms, jewelry, cash, and gold coins for 13 years. When she went to open the box in 2017, she discovered the box was missing and the bank had no idea where it was. Eventually, a box was found, which the bank assured her was hers. However, upon opening the box with the help of a locksmith, none of our clients belongings were inside (to date, our clients’ items are still missing).

Click here to read the article in its entirety.

Soon thereafter, the teacher approached us for help, wondering if she had any sort of legal recourse for the loss of her property. The way our personal injury attorney, Andres Beregovich, saw it, she did.

Negligence Plays a Key Role

At the heart of the matter are the bank’s actions. The bank should have protections in place to prevent the loss of safety deposit boxes and the property they contain, but somehow a loss or theft occurred anyway. This is negligence.

When a person or entity neglects to fulfill the duty entrusted to them or takes actions that lead to the failure of that duty and it results in a loss or injury to another party, it is possible for victims to pursue negligence claims.  

Even though our client did not suffer a physical injury, she has suffered a substantial loss, not just in terms of money, but she has also lost items that cannot be replaced. Although it is unlikely she will ever recover her property, we can help her recover financial compensation for her losses, which she can then use to pay the expenses she had planned to pay with the items in her safety deposit box.

Questions About Personal Injury? Contact Us!

There are many nuances in a personal injury situation. The best way to determine if your situation qualifies as a negligence case is to speak directly with Andres Beregovich, personal injury attorney.

Call The Beregovich Law Firm at (800) 631-9009 or email us to arrange a consultation and discuss your situation. There is no obligation and no charge for consultations. We only get paid if you win your case.

 

Photo:

https://www.orlandosentinel.com