An automobile driven by a middle-aged woman collided with a tractor-trailer after the driver pulled out of a side road. The trucking company denied liability, arguing the tractor-trailer had its lights on and the woman had struck the trailer 10 feet from the tail end of the 55-foot rig, thus indicating the rig did not just pull out right in front of the injured automobile driver. Despite this less than optimal liability picture, evidence was presented which established the lights on the trailer did not meet the requirements of the state lighting regulations.
Results: $900,000 Jury Award
Injuries Caused by Defective Products
A client suffered a significant neck injury while playing lacrosse. After analyzing the facts and mechanics of the injury, a design defect claim was asserted.
Results: $880,000 Settlement
Civil Rights (Wrongful Arrests/Police Abuse/Inadequate Medical Treatment of Prisoners)
A state prisoner was in a coma. Mr. Brudny’s investigation discovered prison medical records had been altered and revealed a prison guard had used excessive force on the client, a type of constitutional violation, causing bleeding to occur in the area of the prisoner’s brain. A federal civil rights lawsuit was filed.
Result: The healthcare corporation paid $3,000,000 and the county paid $1,000,000.
Other Types of Personal Injury Cases We Represent:
Slip and Fall Injuries
Nursing Home Injuries
Disputes with Insurance Companies
Dog Bite Injuries
Dangerous Chemicals Injuries
Baker Act Violations
Mr. Brudny represents clients whose rights have been violated by the Baker Act. He provides guidance and counsel to clients to help ensure their legal rights are restored.
The Florida Baker Act
The Florida Mental Health Act of 1971, referred to as the “Baker Act,” allows 72 hours for the involuntary examination and hospitalization of an individual. Under the very specific guidelines of the Baker Act, the person to be admitted must first be judged by a Court, a law enforcement officer, or a qualified physician to potentially have a problem with mental illness and, because of that, they pose an immediate danger to harming themselves or others. However, if they are actually suffering from an emergency medical condition (not psychiatric), they must receive immediate treatment, with the Baker Act rescinded. If they suffer from both conditions, they must be transferred for their psychological examination by no later than 12 hours after they are cleared of their emergency medical condition.
Florida Department of Children and Families has specified more than 100 facilities statewide to which a person may be admitted once it has been determined they have no medical issues which could be causing the psychiatric problems. Under the Baker Act, under normal circumstances, you may be admitted for ONLY up to 72 hours (12 hours for minors) for psychiatric examination. At any time during the exam one of the following may occur: Release — you may be discharged; Involuntary Placement — the facility may petition the court for involuntary commitment to continue in their or another psychiatric facility; Made “voluntary” — the facility may obtain your request to be a voluntary patient; OR, Outpatient Treatment — court orders may be sought for further involuntary treatment. There are facilities that may intentionally, illegally keep patients too long so that they can “run up” their hospital treatment bills.
Many unlawful violations occur, (including physicians not personally examining patients they Baker Act), and including areas of: conflicting voluntary vs. involuntary status; medication; competence; transfer; restraint; seclusion; communication; records; and firearm rights.