FLORIDA PLAINTIFF

A recent report released by the Florida Bar found that an astounding .3 of 1% of civil cases are resolved by actually going to trial.  This means that if you have a civil lawsuit then your case has a 99.7% chance of resolving short of trial.  This report found this percentage an all time low and noted that this decrease as mostly related to alternative dispute resolution (“ADR”) processes like mediation and arbitration.  ADR is now ordered in most civil cases and many judges require litigants to go through some form of ADR prior to going to trial.  

Perhaps the most intriguing part of this report was the section revealing that americans participation in jury trials actually has a direct relationship to the amount of confidence the public has in our system of justice.  Fewer jurors means less public participation in our justice system which in turn erodes public trust in our system.

This is problematic for a number of reasons.  First, for our system to work the public must have full confidence that justice is done in a large majority of instances.  Second, the less confidence the public has in our system the more venerable we are to those who would like to see the system set aside as a whole.  Insurance and some corporate interests have spent millions spreading propaganda that our justice system is broken.  These interests would love nothing more than to eliminate the potential that citizens like us would be able to hold them accountable for anything.  

For purposes of selecting a lawyer this report is important since it reveals how few jury trials are actually conducted.  The import of fewer trials obviously means that fewer lawyers are trying cases.  Insurance companies value cases, in part, based upon the risk associated with having to try the case.  If the lawyer in your case is one the insurance company knows will and has tried cases with success then the company will pay attention to that detail and will likely increase the value of the case.

If you called to jury duty please serve remembering that, next to serving our country in the military, it is the only duty our constitution asks of us.

A recently released study by the Florida Bar reveals that jury trials are decreasing both within the State and nationally.  Contrary to what most client’s think only a small percent of cases actually end up in a trial.  What’s shocking is that the small percent has been growing smaller and smaller each year.  The study concluded that only 0.3% of civil cases end up in a jury trial.  The reasons for this are that things like mediation and arbitration have helping resolve many more cases than in the past.  

The study points out that the harmful effect of less and less jury trials is the public’s confidence in our system is decreased.  Jury trials necessitate the public’s participation in our justice system and allows them to dispense justice from the jury box.  This first hand exposure to our constitutional judicial process restores confidence in our system.  The fewer citizens participating in our justice system the less exposure and faith in our system  its citizens will have.

Let me start by saying that my father is a physician as are three first cousins.  I was practically raised in a hospital and spent the better part of my tender years waiting in nurses stations as my dad put eyeballs together after traumatic events like “eye v. BB gun” or “eye v. bottle rocket”.  So, I am not one of those myopic (pardon the reference) “trial lawyers” spouting off about how horrible doctors are in our society.  In fact, it is my feeling that the overwhelming majority of doctors are good, decent and caring professionals.  Most are professionals who are in the business of healing because it brings them a sense of joy to assist in easing the suffering in the world. Like every profession, however, there are a select minority of doctors that are not in this business primarily to help others.  Further, their practices have become more and more of a factory due to the horrible way that insurance companies decide to reimburse them.  Some begin to see their patient list as a widget list each representing a dollar figure for reimbursement purposes.

Your basic and fundamental right to bring to justice any person that wrongs you or a member of your family is one of the most vital things provided by any civilized society.  Since the first days of our republic, our constitution has provided a way for US citizens to resolve their civil disputes.  The manner provided was such resolution was provided for in the 7th Amendment.  That amendment reads in relevant part as follows: ” … the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of common law.”  Meaning that all disputes shall be tried by a jury and the only review of that jury’s decision is under the strict constraints of the legal system.  In other words, high priority was and is given to the decision maker being a jury made up of regular citizens.  The decisions made by these regular citizens is given a large amount of deference.  This was an important characteristic for the founding fathers since they were fleeing a nation which had been subject to a ruling family.  A ruling family or aristocracy in which the common man had little control over anything substantial in their government.  Our founding fathers wanted common citizens to dispense justice.  Such power given to the regular people would insure that proper checks were placed on those in positions of power and would also empower even the lowest of the lower class with the power of a king.  What a large responsibility jury service is in our country!  

Our jury system is not perfect but no system is.  Our justice system, however, is the best in the world when it comes to dispensing justice and providing a check and balance on the other two branches of government.  There are certainly anomaly cases which pundits use to illustrate how “broken” our justice system is but pundits will be pundits with any issue.  For those of you that still think our jury system is flawed, I challenge you to watch a movie titled “Hot Coffee” and then respond to this post.  I look forward to that debate.

This brings me to the topic at hand.  Last week a Florida Appellate Court, which oversees cases in the panhandle of Florida including Pensacola, held that a doctor’s office can include in it’s paperwork a form known as an “Arbitration Agreement”.  This agreement appears to be innocuous but it has horrible effects.  The Court held that it was ok for a doctor’s office to include this form in the many forms that you are required to fill out when registering or updating records at a doctor’s office.  The import of this “Arbitration Agreement” is that once signed you are waiving your right to a trial by jury.  Waiving your right to redress any wrong committed by the doctor who would normally have to answer for his/her negligence in a court of law.  More and more doctors will start including these forms and will expect you to sign them.  

I have just three words of advice DO NOT SIGN.  You are not required to sign this document and if a doctor decides that he/she is not going to treat you unless you waive your right to a trial then maybe you should take that as a sign to find another doctor.  They may say that this is their way of getting insurance coverage or that this will save in healthcare costs.  Car dealers got together and did this a long time ago and have completely stopped lawsuits against them.  Imagine if your car salesman had the ability to make decisions which resulted in the death or disability of your child or parent.  How would you feel about waiving your right to have a fair and impartial jury decide your case?  Doctors are paid as well as they are in our society since they are entrusted with humungous responsibility.  We entrust our lives and the lives of our children to their judgment.  They enjoy a lifestyle and income that is commiserate with such status and standing.  It is not a stretch to require them to perform their jobs in a reasonable fashion. Those small fraction of doctors that put themselves first and their patients second should not be able to practice medicine as freely as a used car salesman puffs about the condition of a car.  

DO NOT SIGN THESE FORMS.  If the assistant at the desk says you have to sign, politely inform him/her that you will not sign it and if the doctor wants you and your money to hit the road then you will be happy to do so.  If any doctor takes this position it is my guess that he/she has a record at the courthouse and is trying their best to control there insurance premiums just like a young driver with two wrecks and a ticket trying to keep their auto premiums down.  We would not lend our cars to that reckless kid and then pledge never to hold them accountable.  Do not lend your family members to the care of equally irresponsible and dangerous doctors.

So in sum, if your doctor is asking you to waive your constitutional rights, look elsewhere for healthcare.  Our jury system is in place to make the highest of the high accountable to even the lowest of the low.  Since most of us are in the middle, we have lots more to lose without our justice system. Please post a reply or email me if you feel the need.  If any doctor takes this position with you please let me know as I will make sure to publicize these facts and also provide you with any information at the courthouse on any of your doctors.

Back to work in the best justice system the world has to offer.  

Yesterday, Zarzaur Law, P.A. was able to settle a claim for a child who was the victim of a company that chose to illegally use hair dye instead of organic Henna ink for temporary tattoos.

The child was on vacation with her family when she went to a beach gift shop to get a temporary tattoo.  The store of advertising “Henna” Tattoos but instead of using Henna ink they were using hair dye that contained the dangerous chemical commonly known as PPD.  The PPD in the ink caused a chemical burn and left a scar on my client.  She also developed a permanent allergy to most type of inks and dyes which causes frequent and severe skin breakouts.

For more information on child injuries related to “Henna” Tattoos please feel free to contact our firm at www.zarzaurlaw.com.  Parent please confirm that any temporary tattoos for your children are being applied using only genuine and unadulterated Henna ink.

THIS DOCUMENT IS A RESPONSE FROM FACEBOOK TO A SUBPOENA FOR A MEMBER’S PAGE.  JUST KEEP IN MIND THAT LAWYERS HAVE BEEN CONVINCING JUDGES TO REQUIRE PARTIES TO PROVIDE THEIR USER NAME AND PASSWORD. INFORMATION PLACED ON FACEBOOK IS NOT PRIVATE IN ANY WAY.  I TELL MY CLIENTS IT’S LIKE COMMUNICATING WITH YOUR FRIENDS BY GOING TO THE TOWN SQUARE AND WRITING ON A POSTER BOARD AND HANGING IT ON THE COMMUNITY BULLETIN BOARD.  IF YOU EVERY FIND YOURSELF IN A LEGAL SITUATION (INJURY. DIVORCE . CRIMINAL) DO NOT COMMUNICATE VIA FACEBOOK.