| Gary T. Lazarus | 0 Comments | Uncategorized, WRONGFUL DEATH

Miami-Dade County Requires Day Care Operators to Install Child Safety Alarms in Vehicles

933341_crayon_series_2%20sxchu%20website.jpgA recently passed law requires all licensed day care centers in Miami-Dade County to install a child safety alarm that engages when the ignition is turned off in all vehicles used to transport children before December 1, 2012. The alarm requires a driver to check for forgotten children as he or she walks to the back of a vehicle in order to disable it. Although the new safety law became effective in February, it provided the 1,152 licensed day care operators in Miami-Dade County with a grace period to install the alarms before fines and other penalties are enforced.

The new law was passed in response to several negligence cases recently filed against day care operators in South Florida. In August 2011, Palm Beach County was the first county in the state to pass such an ordinance. That law was passed after two-year-old Haile Brockington died as a result of being forgotten inside of a hot day care van in Delray Beach for almost six hours.

Earlier this year, proposed legislation to require day care centers throughout Florida to install vehicle safety alarms was introduced by Senator Maria Sachs of Delray Beach. Although the measure passed the Florida Senate, it later failed in the House. Still, Sachs stated she would reintroduce the legislation in the future and ask each of the state’s nearly 17,000 licensed day care businesses to voluntarily install child safety alarms.

Many people are killed in unnecessary accidents every day in Florida. Although unexpectedly losing a child is always difficult, it can be especially devastating when your loss resulted from another person’s negligence. If you lost a child due to the negligent actions of a day care provider, you have may the right to file a wrongful death lawsuit. Generally, any fatality that is the result of an act of carelessness, recklessness, or negligence will give rise to a wrongful death claim. Obviously, no amount of money can bring back your child or make up for your loss. By filing a wrongful death claim, you have the ability to hold the person who is liable for your loss accountable for their actions and discourage similar conduct in the future.
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| Gary T. Lazarus | 0 Comments | BOATING ACCIDENTS, Uncategorized

One Teen Killed, Another Injured in Redington Beach Boating Accident

866691_seattle_boating_2%20sxchu%20unplethr.jpgA Pinellas County boat crash has left one teenager dead and another injured. The two teens were involved in an accident while riding on an inner tube being pulled behind a 24-foot fishing boat at the Redington Yacht and Tennis Club. According to the Pinellas County Sheriff’s Office, the driver of the boat, 15-year-old Brandon Noah, reportedly navigated the vessel too close to a dock. Although the boat did not strike the dock, the tube attached to the vessel did and the two teens riding on the inner tube were thrown into the air. Although one girl landed in the water, 15-year-old Deviny Boese flew into a piling on the dock. Following the accident, Noah reportedly pulled the girls from the water and administered CPR until rescue crews arrived. Boese was transported to St. Petersburg General Hospital where she later succumbed to her injuries. 16-year-old Sarah Dobbs was taken to All Children’s Hospital with non-life threatening injuries.

A passenger on the boat, 15-year-old Noah Epstein reportedly took the boat to Noah’s home in order to notify his parents about the crash. According to law enforcement officers, the accident is still under investigation but appears to have been caused by boater inexperience. Noah was cited for misdemeanor reckless operation of a boat that resulted in a fatality and failure to have a boating safety identification card. The teens apparently did not have permission to use the boat when the accident occurred.

Although no license is required in order to operate a boat in Florida, anyone born in 1988 or later must obtain a boating safety identification card in order to operate a vessel with a 10 horsepower or larger engine. There are no age restrictions placed on boaters who wish to enroll in the boating safety course required to receive an identification card. According to the Florida Fish and Wildlife Conservation Commission about 27,000 boating safety cards were issued in the state last year. About 7,500 safety cards were issued to Florida residents aged 16 and under. At the time of the accident, Noah was reportedly driving a boat with 280 horsepower.

If your family member was killed in an unexpected Florida boating accident, you may have the right to file a wrongful death lawsuit against the person who caused your loss. Generally, you have the option to file a lawsuit when a close relative’s wrongful death was caused by another person’s carelessness, recklessness, or negligence. In the State of Florida, relatives generally have up to two years to file a wrongful death claim unless the claim is against a cruise ship. The damages available to the relatives of someone killed on a cruise ship are subject to the terms of the passenger’s ticket.
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| Gary T. Lazarus | 0 Comments | BICYCLE ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized, WRONGFUL DEATH

UF Student Killed by Hit-and-Run Driver While Riding Her Bicycle in Gainesville

1253140_bicycle%20sxchu%20username%20aganaui.jpgIn early July, a 20-year-old University of Florida student died as a result of the injuries she sustained in a June 23rd hit-and-run accident. Rebecca Harris was struck by a white sedan while riding her bicycle in a crosswalk on Southwest 16th Avenue in Gainesville. After the accident, rescue crews transported Harris to a local hospital in critical condition. She reportedly suffered a traumatic brain injury, two broken legs, and a broken arm.

According to Lt. Bruce Giles of the Gainesville Police Department, although the vehicle that struck Harris did not stop, it was later found abandoned near Southwest 131st Lane. Lt. Giles stated he was certain the car found by police was the same vehicle involved in the hit-and-run accident because it not only matched accident witness reports, but the damage to the car was also consistent with Harris’ injuries. Following the collision, police issued a warrant for the arrest of 22-year-old Jessica Paige Becerra. Becerra reportedly turned herself in to police and was placed in the Alachua County Jail on June 29th. She was released four days later on a $25,000 bond.

Florida State Attorney Bill Cervone stated that the charges Becerra faces will be changed from leaving the scene of an injury accident to leaving the scene of an accident that resulted in death. Because Harris died after the hit-and-run, Becerra now faces a maximum prison sentence of 15 years.

Bicyclists, skaters, joggers, and anyone traveling on foot are at risk of being the victim in a Florida pedestrian accident. Because pedestrians have little protection from cars, trucks, and motorcycles, the injuries sustained in such a crash can be catastrophic. Severely injured accident victims may suffer a spinal cord injury, traumatic brain injury, paralysis, and a variety of other permanent disabilities. Unfortunately, as was the case here, vehicle collisions with pedestrians may also be fatal.

Treating the injuries sustained in a pedestrian accident is often costly. A victim may be eligible to receive compensation for medical expenses, physical therapy, surgery, lost income, pain, suffering, and other damages. Additionally, although no amount of compensation can bring back your loved one, close family members of those killed in pedestrian accidents may be able to relieve some of their financial burden by filing a wrongful death claim. An experienced Florida lawyer can help you evaluate your options for recovery.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Two Men Killed After Drunk Driver Crashes Into Historic Liberty City Restaurant

506099_caution_%20sxchu%20username%20ugaldew.jpgTwo men were killed outside of an historic Liberty City eatery when an allegedly drunk driver lost control of his truck and struck them. 60-year-old Wilton Harris and 61-year-old Al Hamlin were standing on a sidewalk in front of Jumbo’s Restaurant when a white pickup truck driven by 53-year-old Antonio Lawrence reportedly sped into the parking lot. Initially, the pickup hit a car parked outside of the eatery. The force of the impact then pushed the parked car into the two men before the vehicle went through the front windows and came to a stop inside of the restaurant. During the accident, Hamlin was reportedly thrown into the restaurant while Harris was pinned under the pickup truck. Both men died at the scene of the crash. Luckily, although about a dozen patrons were inside of the restaurant at the time, no one else was injured.

According to an accident witness, Lawrence appeared to be intoxicated as he stumbled out of his pickup truck following the crash. He was later arrested and charged with two counts of DUI manslaughter. Lawrence is reportedly being held in Miami on a $30,000 bond.

Unexpected car crashes are one of the leading causes of wrongful death in Florida every year. Because of the number of beaches, amusement parks, seaports, and other attractions located in the state, many people are on the roadways and sidewalks at any given time. Unfortunately, commuters, pedestrians, students, tourists, and others risk being hurt by a careless or impaired motorist every day.

When a pedestrian is struck by a motor vehicle, the resulting injuries are frequently catastrophic. Pedestrians who are hit by a car often sustain broken bones, spinal cord injuries, traumatic brain injuries, and may even be killed. In Florida, an injured pedestrian may recover compensation for medical costs, physical and occupational therapy expenses, pain, suffering, and lost wages. Close relatives of someone killed in a Florida pedestrian accident may also be able to recover for wrongful death. If you or a loved one were hurt in an accident caused by a careless or intoxicated driver, it is a good idea to contact a knowledgeable Florida car accident lawyer as soon as you are able.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized

Two Killed, Several Injured in Five Vehicle Crash Near Tampa

494062_that_hurt%20sxchu.jpgIn June, two people were killed in a five vehicle accident on State Road 54 in Odessa. 16-year-old Matthew Capelo-Fine of Trinity was driving a BMW Sedan east towards Lake Polo Drive when he unexpectedly lost control of the car and skid across a median. After he crossed the median, Capelo-Fine struck a westbound Hyundai carrying five people. According to the Florida Highway Patrol, Capelo-Fine’s sedan began to spin following the initial crash. Capelo-Fine’s vehicle then hit a PT Cruiser that was sent spinning into the Hyundai he collided with initially. Meanwhile Capelo-Fine’s BMW continued on to strike a Nissan Altima. A nearby Chevy Impala also received damage to its windshield when it was struck by flying debris.

Unfortunately, Capelo-Fine died at the scene of the accident. 91-year-old Anna Davis, 13-year-old Collene Carberry, 15-year-old Jilly Horaneck, and the driver of the Hyundai, 71-year-old Joseph Furphy, were transported by rescue crews to Tampa General Hospital where Davis later died. Both Furphy and Horaneck reportedly suffered serious injuries in the crash and Carberry received only minor injuries. Although the cause of the collision is still under investigation, alcohol is reportedly not a suspected factor in the accident.

In Florida, we often spend countless hours in our automobiles every week. Unfortunately, with so many drivers and passengers on the roads, motor vehicle collisions are a fact of life. Every year, auto collisions are one of the leading causes of personal injury and death in the State of Florida. Injuries sustained in a car accident may be minor or they may be catastrophic. Car crashes are frequently caused by inattentive or inexperienced drivers, defective vehicles, weather, road debris, speeding, fatigue, and aggressive or impaired driving. If you or a loved one was injured through no fault of your own in a motor vehicle accident, you may be eligible to receive compensation for your injuries, medical expenses, lost wages, and any resulting disability. If you were hurt or lost a loved one on a Florida roadway, you should contact an experienced Florida car accident lawyer to help you file a claim against the negligent party.
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| 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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| 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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| 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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| 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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