| Gary T. Lazarus | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

Medical Negligence Lawsuit Filed Over Death of Palm Harbor Girl

1033916_medical_instruments_3%20sxchu.jpgIn May, the parents of a 12-year-old Palm Harbor girl who died following a routine tonsillectomy filed a medical negligence lawsuit against Mease Countryside Hospital in Pinellas County Circuit Court. According to the suit, Carly Jane Liptak died after the hospital and several medical professionals made a series of mistakes and provided the child with a dangerous mix of drugs. Liptak’s parents have asked the court to award them damages for mental anguish, medical costs, and funeral expenses.

On August 13, 2010, Liptak had her tonsils removed at the hospital’s outpatient facility. According to the Pinellas-Pasco Medical Examiner’s Office, she suffered from a pulmonary embolism and cardiac arrest during the surgery. Liptak’s mother, Elisa, stated although the hospital told her the operation would only take about 25 minutes, her daughter was in surgery for more than three hours. Following her surgery, Liptak was transported to All Children’s Hospital where she remained on life support until she died two days later. The Medical Examiner stated Liptak died from natural causes as a result of complications related to her tonsillectomy.

According to the Liptaks’ lawsuit, the surgery team removed both of their daughter’s tonsils despite that she showed signs of distress while the first tonsil was being removed. The couple also accused the hospital of using a questionable type and dosage of local anesthetic combined with epinephrine on their daughter. The suit alleges the combination increased Liptak’s heart rate at the same time that doctors administered two additional drugs. The alleged result was damage to the child’s heart and fluid in her lungs. The couple believes their daughter drowned in her own fluids as a result of the drug combination. The hospital is also accused of using poor resuscitation methods on Liptak. According to Liptak’s parents, their main goal in filing the suit is to ensure that no one else’s child is given the same drugs used on their daughter.

Florida hospitals, doctors, and nurses have a duty to provide patients with a reasonable standard of care. When a patient is injured or killed because a medical professional failed to provide proper care, the victim or the victim’s family may be eligible to file a medical malpractice lawsuit. In Florida, those injured by a health care provider have up to two years to file a malpractice claim. Insurance companies also have up to two years to assess such a claim before a lawsuit may be filed. Because of this, it is important for an injured patient to consult with a knowledgeable South Florida medical malpractice attorney immediately following any act of negligence by a medical professional.
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| lazaruslaw-2 | 0 Comments | AVIATION ACCIDENT, Uncategorized

Small Plane Crash Near Lake Wales Kills Family of Six

1015353_fumigation_airplane%20sxchu.jpgIn early June, a family of six was killed after a small plane crashed unexpectedly in Polk County, Florida. The family was returning home to Kansas in a 2006 Pilatus Pc-12/47 plane following their vacation in the Bahamas when the aircraft reportedly began to break apart at 25,000 feet in the air. Those killed included the 45-year-old pilot, Ron Bramblage, His 43-year-old wife, Rebecca, and the couple’s four children who were between the ages of eight and 15.

According to safety investigators, the pilot issued a mayday after the right wing became unattached midair. Witnesses stated the aircraft began to spin as it descended into the Tiger Creek Swamp near Lake Wales, Florida. The debris field reportedly spanned approximately four miles of rough terrain. Tragically, one of the family’s teenage children was reportedly thrown from the aircraft before it hit the ground. His body was later found by members of the Florida Fish and Wildlife Conservation Commission about half a mile from the crash site.

Helicopters were used to locate wreckage from the air. Swamp buggies, all terrain vehicles, and horses were later used in order to reach the area and gather crash debris. According to Tim Monville, an investigator with the National Transportation Safety Board, the cause of the crash is still unknown. He stated that a large piece of the wing is still missing and it could take up to one year to complete the accident investigation. Monville said reconstructing the plane will likely be required in order to determine the exact cause of the crash.

Unfortunately, aviation accidents like this one are normally tragic and there are rarely any survivors. When an aircraft accident victim survives, the injuries sustained are often permanently disabling and extremely costly to treat. Negligence resulting from aircraft malfunctions or defects, pilot error, poor aircraft maintenance, or air traffic control errors cause most aviation accidents. Sometimes, more than one party negligently contributes to an aircraft crash. Additionally, large commercial airlines, or common carriers, must provide passengers with a higher standard of care than other aircraft operators.

If you or a loved one was hurt or killed while riding in a charter plane, private jet, helicopter, commercial airliner, or in any other aircraft, you should contact a skilled Florida aviation accident attorney as soon as possible to discuss your options for recovery.
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| lazaruslaw-2 | 0 Comments | BOATING ACCIDENTS, Uncategorized

Nine Passengers Ejected, Three Injured in Florida After Vessel Hits Clearwater Rock Jetty

1155487_beach_jetty%20sxchu.jpgNine people were rescued by the United States Coast Guard in Clearwater Pass, Florida over Memorial Day weekend after a 21-foot pleasure boat hit a rock jetty. According to the Coast Guard, the vessel struck the jetty while traveling at about 20 miles per hour early Sunday morning. All nine passengers on the boat were reportedly thrown into the water by the force of the impact. Another boat notified the Coast Guard of the accident around 3 o’clock in the morning. Rescuers discovered all nine passengers stranded on the jetty.

A representative for the Florida Fish & Wildlife Commission stated three passengers were taken to Morton Plant Hospital and Largo Medical Center for injuries sustained in the southwest Florida boat accident. The remaining passengers were taken to Station Sand Key where the driver of the boat purportedly passed a field sobriety test. The driver of the vessel was later ticketed for failing to maintain a proper lookout. The watercraft sustained a large hole in the bottom as a result of the collision and was reportedly a total loss. The accident is currently under investigation by the Florida Fish & Wildlife Commission.

Luckily, no one involved in this particular crash sustained life-threatening injuries. Every year, however, many deaths in Florida stem from avoidable watercraft accidents. Because South Florida offers many wonderful boating spots, people tend to spend a great deal of time on the water. Due to the associated safety risks, all boaters should follow established safety guidelines and rules. Watercraft owners and drivers have a legal responsibility to protect themselves, their vessel, and their passengers.

If you lost a loved one in a Florida watercraft accident, you may have the right to file a wrongful death lawsuit against the person who caused your loss. Normally, you may sue for a family member’s wrongful death following a fatal accident caused by someone else’s recklessness, carelessness, or negligence. In Florida, relatives generally have up to two years to file a wrongful death claim unless the claim is against a cruise ship.

If you lost a family member in a cruise ship accident, you may be limited to filing a lawsuit within one year of the accident based on the passenger ticket. If you have lost a loved one in a boating or other watercraft accident, you should contact an experienced South Florida wrongful death attorney as soon as possible to discuss your case.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized, WRONGFUL DEATH

Three Killed, 12 Hurt in Volusia County Rollover Accident

869866_crash_car%20sxchu%20website.jpgIn early June, three people were killed and 12 others were injured on Interstate 95 in Volusia County when the driver of a 15-passenger van lost control and left the roadway. 57-year-old Vilbrun Bertrand of West Palm Beach was driving a group of Haitian migrant farm workers to New Jersey for the blueberry harvesting season when one of the van’s tires separated north of Ormond Beach. According to Sgt. Kim Montes of the Florida Highway Patrol, the van rolled repeatedly and several passengers were thrown from the vehicle.

Three passengers who were not wearing seat belts, Benitoh Delice, Sonja Maubrun, and Berteau Nazaire, died at the scene of the crash. Two other passengers were taken to Halifax Health Medical Center in critical condition. Nine additional passengers were taken to four different Central Florida hospitals for their injuries. Bertrand, who was wearing a seat belt at the time of the crash, was treated for only minor injuries.

Sgt. Montes stated there was visible damage to the van’s tire and the vehicle itself was significantly damaged in the accident. Although alcohol is not a suspected factor in the crash, the Central Florida automobile accident is currently under investigation. According to Sgt. Montes, a language barrier made the accident investigation difficult. State Troopers reportedly required the assistance of translators to interview the injured passengers at each of the four area hospitals.

Unfortunately, the van crash was the second fatal accident on Interstate 95 in Volusia County in a single weekend. On the previous day, a 40-year-old Titusville man was killed when his stranded vehicle was run over in the shoulder of the roadway by an 18-wheeler tanker carrying liquid nitrogen.

Automobile accidents cause a large percentage of the Florida wrongful death and personal injury claims filed every year. Tourists, students, and commuters risk being hurt in a car accident every day on Florida roadways. Some common causes of motor vehicle crashes include speeding, driver impairment, poor road conditions, driver inattention, and automobile defects. In Florida, those hurt in an automobile collision are eligible to receive compensation from a driver’s mandatory Personal Injury Protection (PIP) insurance to cover the first $10,000.00 in medical treatment. Oftentimes, however, PIP insurance is not sufficient to cover the immediate medical costs associated with recovering from a catastrophic injury as well as the costs of future medical treatment and a lifetime of pain and suffering. It is a good idea to contact a qualified Florida car crash attorney to discuss your options for recovery following any injury accident.
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| lazaruslaw-2 | 0 Comments | BICYCLE ACCIDENTS, Uncategorized

Driver Charged Following Hit-and-Run of Gulf Breeze Bicyclist

1180083_bicycle_parking_2%20sxchu.jpgA Gulf Breeze woman was recently charged with reckless driving and leaving the scene of an injury accident after she allegedly struck a 31-year-old man riding his bicycle. According to the Florida Highway Patrol, 19-year-old Debi Cummings was arrested nearly two hours after she struck Nicholas Medina from behind with a Chevrolet Cruze on U.S. Highway 98 in Santa Rosa County. Following the accident, Cummings reportedly left Medina in the road with a skull fracture and other injuries. Medina was transported to a local hospital about 30 minutes later after other motorists noticed him lying in the roadway.

A Santa Rosa County Sheriff’s Office deputy later discovered Debi Cummings’ father, Thomas, driving the Chevrolet and began questioning him. After the deputy learned Debi Cummings was operating the vehicle at the time of the accident, the deputy asked her father to call her and requested that she come in for questioning. According to her arrest report, Debi Cummings arrived at the station about two hours after the crash. Although Cummings allegedly smelled of alcohol and exhibited slurred speech when she arrived, her blood alcohol content was not formally tested. Consequently, Cummings was not charged with driving under the influence despite that she blew a .117 blood alcohol content on an unofficial device about an hour later at the Santa Rosa County Jail.

Lt. Steve Preston, a spokesperson for the Florida Highway Patrol, stated Cummings was not required to submit to a formal blood alcohol test due to the extended time period between the accident and her arrest. The trooper who handled her arrest stated the case was complicated by the fact that Cummings left the scene of the crash before officers arrived. Lt. Preston said even with a blood alcohol test, it would be difficult to prove that Cummings was driving under the influence when she allegedly hit Medina. Cummings reportedly admitted to a state trooper that she hit the bicyclist, but left the scene of the crash because she did not know what to do. She is currently free on a $10,000 bond.

The case is still being investigated by the Florida Highway Patrol and the Florida Attorney’s Office to determine whether Cummings will also be charged with driving under the influence. The investigation will purportedly focus on Cummings’ location immediately prior to the collision.

Every year, motor vehicle accidents are one of the leading causes of personal injuries in the State of Florida. The injuries sustained by anyone involved in an accident with a car can be life altering. A bicyclist who is hurt by a negligent or impaired driver may suffer from broken bones, spinal cord injuries, neck injuries, and traumatic brain injuries. If you were hurt by a careless or intoxicated driver, contact a dedicated Miami car accident lawyer to help you protect your rights.
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| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized

Report Says Florida Highway Patrol Erred in Reopening I-75 Before Deadly Gainesville Crash

3491_car_steering_wheel_in_the_rain%20sxchu%20website.jpgA recent report from the Florida Department of Law Enforcement states Florida Highway Patrol officers made errors in connection with a January 29, 2012 accident that killed 11 people on Interstate 75 near Gainesville. On the day of the multi-vehicle crash, the interstate was closed through Paynes Prairie State Park prior to the accident due to a mix of fog and smoke from a nearby wildfire. According to the report, Sgt. Bruce Simmons was reluctant to reopen the interstate and warned Lt. John Gourley that poor visibility was likely to return. In a conversation recorded on Simmons’ in-vehicle video equipment, he told a deputy from a local Sherriff’s Office that his warning fell on deaf ears. Gourley allegedly ordered that the roadway be reopened because he believed keeping the interstate closed through the dark, unlit stretch of road also created a potentially hazardous situation for drivers. Gourley was reportedly concerned about creating secondary wrecks like those he had investigated in the past. Gourley was also allegedly concerned about a lack of suitable alternative routes for drivers. Department of Law Enforcement investigators stated Officer Gourley made the decision to reopen the interstate without any sort of proper formal training.

Although the Florida Forest Service and the Florida Department of Transportation reportedly supported reopening the roadway, the accident investigation report placed blame on the Florida Highway Patrol due to a lack of effective safety guidelines and procedures. The report stated troopers refused to share information that was vital to decision-making with one another prior to the pile-up accident. The investigation report also said troopers failed to adequately monitor conditions on the interstate after it was reopened. As a result, more than 12 passenger vehicles, six semi-trucks, and a motorhome crashed in six different pile-up accidents on the dark roadway. Several vehicles burst into flames. In addition to the dead, 18 people were hospitalized for their injuries.

The investigation report suggested that the Florida Highway Patrol adopt written and mandatory guidelines for reopening roadways when visibility is poor. It also suggested the state add signs along the interstate to warn drivers the roadway through the State Park may be hazardous. The Florida Legislature recently appropriated about $4 million to improve interstate warning signs in areas where visibility may be diminished throughout the state.
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| Gary T. Lazarus | 0 Comments | MEDICAL MALPRACTICE, PHARMACEUTICAL NELIGENCE, Uncategorized

Elderly Americans Are Often Prescribed Too Many Drugs in Florida, Nationwide

1367222_colorful_pills%20sxchu%20website.jpgNot surprisingly, elderly adults are the largest consumers of prescription medication in the U.S. Many aged Americans are reportedly over-medicated and placed at risk by the possible side effects associated with the drugs they regularly consume. In fact, over 40 percent of citizens over the age of 65 take at least five medications on a daily basis and about one-third of them suffer a dangerous adverse side effect at some point.

Recently, new guidelines that point out the most dangerous drugs for the elderly were published in the Journal of the American Geriatrics Society. The guidelines, which updated the Beers Criteria, were created by a panel comprised of 11 pharmacology and geriatric care experts. The group reviewed over 2,000 research studies related to drugs often prescribed to the elderly. Based on their review, the panel named 53 drugs or classes of drugs that may be inappropriate for use in people over 65. The 53 drugs were then labeled in one of three ways: to be used with caution if no alternative drug exists, to avoid in individuals with certain conditions, and a drug that should not be prescribed to the elderly.

According to the panel, many antihistamines should not be used in the elderly due to a host of possible side effects. Many common anti-inflammatory medications also place older people at an increased risk of intestinal bleeding, especially when combined with certain other drugs. Sedation hypnotics may cause confusion or severe sedation. Additionally, aspirin may not pose a benefit for individuals over age 80 according to the panel. Although the guidelines are recommended for use by physicians who treat the elderly, the panel stated the guidelines cannot replace a doctor’s judgment and should not be used in malpractice litigation.

The Foundation for Health in Aging has also created a drug and supplement diary for elderly patients to share with their physicians and pharmacists. Too often, elderly patients have multiple doctors who do not communicate regarding the drugs they are taking. Without proper knowledge, health care providers may prescribe additional drugs that can potentially create toxic combinations. Elderly patients should also be vigilant regarding possible drug side effects.

Physicians, nurses, hospitals, dentists, and even pharmacists have a duty to provide all patients with a reasonable standard of care. When an individual is harmed by a medication, they may have a professional malpractice or pharmaceutical negligence claim against their doctor or the pharmacist who dispensed the drug. In Florida, patients who were the victim of any type of medical malpractice have only two years to file an injury claim. Because insurers also have up to two years to evaluate a medical malpractice claim before a lawsuit may be filed, it is vital for you to discuss your Florida pharmaceutical malpractice case with a knowledgeable lawyer as soon as possible.
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| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized

New Study Finds Failure to Use Turn Signals More Dangerous Than Distracted Driving in Florida, Nationwide

209511_motorway%20sxchu.jpgA study recently published by the Society of Automotive Engineers (SAE) found that driver misuse of turn signals contributes to approximately 2 million car crashes in Florida and elsewhere throughout the United States each year. The study found drivers fail to use their turn signals when making lane changes or leave their signals on after changing lanes about 48 percent of the time. It also found that one quarter of the time, American drivers do not signal before making a turn. This means U.S. drivers fail to properly use turn signals approximately 2 billion times every day.

Distracted driving such as talking, texting, using email, or even eating behind the wheel is a hot topic in the news lately. In April, United States Department of Transportation Secretary Ray LaHood called for federal legislation that would ban cell phone use while driving. Still, only about 950,000 U.S. accidents are blamed on distracted driving each year. That is less than half the number associated with misuse of turn signals.

The SAE turn signal study was reportedly the first of its kind. Police and other law enforcement officers allegedly tend to refrain from enforcing turn signal requirements and instead focus more on compliance with speeding and other laws. The author of the study report, Richard Ponziani, stated although turn signals are highly effective for communicating with other drivers and avoiding collisions, their lack of use has reached epidemic proportions. He also said drivers should view their duty to use turn signals in the same way they view their obligation to stop for red lights.

The SAE study suggested the use of smart turn signal technology may be useful in avoiding collisions. Ponziani said a turn signal that shuts itself off after a specified period of time or after detecting a lane change could be helpful to drivers and contribute to roadway safety. Additionally, a system that reminds drivers who regularly fail to use their turn signals may also aid in preventing crashes. According to Ponziani, incorporating smart turn signal technology into new vehicles may actually be cheaper than current turn signal mechanisms. He believes implementing such technology would not only reduce the nation’s accident rate, but may also make drivers more courteous.

Unexpected automobile accidents can happen at any time. If you or a loved one was hurt in a motor vehicle collision as a result of another driver’s inattention or carelessness, it is a good idea to contact a knowledgeable Florida car accident attorney as soon as you are able. You may be eligible to receive compensation for medical bills, pain, suffering, disability, lost wages, and other damages based on the severity of your injuries.
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| Gary T. Lazarus | 0 Comments | INSURANCE COVERAGE, Uncategorized

Memo Seeking to Correct Florida PIP Eligibility Gap Issued

124811_medical_series_3%20sxchu.jpgThe Florida Agency for Health Care Administration recently issued a three-page memorandum that was designed to eliminate a flaw in House Bill 119, the state’s new personal injury protection (PIP) law that was signed by the Governor in early May. As written, the law created a six-month eligibility gap beginning July 1st for health care providers such as doctors, dentists, and chiropractors. Although eligibility would have automatically been restored on January 1, 2013, insurance companies could arguably have refused to pay health care professionals who treated accident victims as part of the PIP insurance program in the interim.

PIP insurance was adopted in Florida in 1972. During the recent legislative session, Governor Rick Scott lobbied for changes to the law which requires Florida vehicle owners to carry $10,000 in mandatory no-fault accident injury insurance. Proponents of the new law say the changes are aimed at combating staged accident fraud. The law now includes tightened restrictions regarding who constitutes a medical provider, requires the name of all passengers involved in an accident to be noted by police officers, and creates a 14-day medical treatment window following an accident. Insurers are also required to lower the cost of premiums so long as certain specified criteria are met.

Critics of the new law believe it does more for insurance companies than consumers. Bill Newton, Executive Director at the Consumer Action Network, said recent changes to the PIP law will result in more limited services without the benefit of lowered insurance premiums. He also stated the law has shifted the burden of injury accidents onto the victims.

It is currently unclear whether the Agency’s memo is sufficient to eliminate the purported eligibility gap. According to Mark Seidenfeld, a Florida State University administrative law expert, the document may be useful to influence a court regarding the intent of the law, but whether it would have an actual impact on a court’s decision following a challenge is not apparent. Seidenfeld believes it is only a matter of time before someone challenges the state’s new PIP law based on either the eligibility gap or the constitutionality of the measure.

If you were hurt in an auto collision, it is a good idea to consult with a skilled Florida car accident lawyer as soon as possible. You may be eligible to receive compensation for medical bills, suffering, pain, disability, lost wages, lost earning capacity, and loss of enjoyment of life. A knowledgeable car accident attorney can explain your options and help you preserve your rights under Florida law.
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