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

Florida House Bill Would Make Medical Malpractice Claims More Difficult

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A bill currently before the Florida Legislature would make proving medical malpractice claims against doctors more difficult. House Bill 385 would allow a lawyer for a doctor accused of malpractice to question other doctors who previously treated an injured patient in private. The bill’s sponsor, Representative Matt Gaetz of Fort Walton Beach, believes the law would entice more physicians to practice in Florida. He also said the bill is designed to limit unnecessary tests administered by Florida doctors merely to avoid a potential malpractice lawsuit. A similar bill, Senate Bill 1506, is also being considered in the Florida Senate.

Opponents of House Bill 385 believe the proposed law is unnecessary and would violate patient privacy rights. They argue the bill has the potential to destroy a patient’s relationship with his or her doctor. It would also purportedly eliminate a physician’s liability for failing to administer necessary health tests. According to the Office of Insurance Regulation, medical malpractice insurance rates for physicians in Florida have recently declined. Additionally, malpractice claims against Florida doctors dropped between 2009 and 2010.

Representative Gaetz said that doctors will still be held responsible for their actions under the bill. He also claims patients who sue their doctor in Florida give up their medical history privacy rights regardless of the proposed law. House Bill 385 originally included state funded financial protections for emergency room doctors as well. That language was removed after financial estimates determined such protections would cost Florida taxpayers as much as $24 million annually.

The State of Florida requires patients to notify a doctor who may be sued for medical malpractice prior to filing a lawsuit. Patients must also obtain an expert opinion which supports a malpractice claim based on negligence. In 2003, limits were placed on damages which could be paid out for specific medical malpractice claims in Florida.

Doctors, nurses, dentists, hospitals, and other health care providers must provide patients with a reasonable standard of care. If a health care provider fails to provide proper care, a patient may be able to file a malpractice lawsuit. In Florida, a patient who was the victim of medical malpractice has two years to file a claim. Because insurance companies have up to two years to evaluate a medical malpractice claim before a lawsuit may be filed, it is important to consult with a qualified medical malpractice lawyer to represent your interests as soon as possible.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized, WRONGFUL DEATH

Civil and Criminal Trials Against Polo Magnate Who Adopted 42-year-old Girlfriend Begin Soon

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On February 11, 2010, 23-year-old Scott Wilson drowned in his car when it flipped and landed upside down in a Wellington canal after an early morning auto accident. The other driver, polo mogul John Goodman, is accused of driving while drunk and impaired, speeding, running a stop sign, colliding with Wilson’s vehicle, leaving the scene of the accident, and waiting about an hour before calling 911. Goodman also allegedly called his girlfriend prior to alerting authorities to the accident.

A criminal trial against Goodman is scheduled to begin in South Florida on March 6th. He is charged with D.U.I. manslaughter and motor vehicular homicide. According to Goodman, now 48, his cell phone was not working at the time of the accident and he left the scene to get help. After the accident, Goodman’s blood alcohol content was purportedly more than twice Florida’s legal limit of .08 percent.

Wilson’s parents have also filed a $100 million wrongful death lawsuit against Goodman. The lawsuit, also scheduled to begin in March, made international headlines after Goodman adopted his 42-year-old girlfriend, Heather Hutchins. Although attorneys for Goodman’s minor biological children have asked a Miami-Dade judge to toss out the adoption, it makes Hutchins the current beneficiary of a $300 million trust established for his children.

Palm Beach County Circuit Judge Glenn Kelley is presiding over the Wilsons’ civil case. He has expressed disbelief over the adoption and called it a “legal twilight zone.” In September, Judge Kelley refused to allow the Wilsons to introduce evidence in the civil case regarding the contents of the trust because Goodman’s children, not Goodman, were the beneficiaries. On January 26th, Judge Kelley reversed his decision and stated information about the trust may now be presented to jurors.

Goodman is an heir to a $1.4 billion fortune. According to Goodman’s civil attorney, the adoption was merely an estate planning tool designed to protect the contents of the trust. Litigation concerning the adoption is currently taking place in Florida, Texas, and Delaware.

Losing someone you love is always devastating, but it can be especially difficult when your loved one died as a result of a preventable accident. Unfortunately, tragic deaths such as this are increasingly common. A wrongful death claim can provide compensation to close relatives of someone killed due to another person’s carelessness, negligence or wrongful act. Your ability to file a wrongful death case will depend on your relationship to the deceased person. In Florida, a family member has up to two years to file a claim for wrongful death. Because of the limited time period in which to file your case, it is important to speak with a qualified wrongful death lawyer as soon as possible after a fatal accident.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized

Eleven Dead in Gainesville Interstate Pileup

285433_car_accident%20sxchu%20website.jpgEarly Sunday morning, 11 people were killed and 21 injured in a massive vehicle pileup on Interstate 75 south of Gainesville. The accident, which involved seven 18-wheelers and 12 passenger vehicles, left behind fiery wreckage which spanned more than one mile of roadway. Poor visibility from a mixture of heavy smoke and fog is being blamed for the crash. Rescuers on the scene stated it was nearly impossible to find victims in the dark cloud.

According to crash survivor Steven Camps of Gainesville, it was a horrific scene. Camps said he hard vehicles crashing into one another, explosions, and people screaming. He also stated it looked like the “end of the world,” had arrived. Camps said while he was headed home traffic on the northbound interstate stopped. While stopped, Camps’ vehicle was purportedly struck twice. He also claims he witnessed the car stopped next to his own smashed into and forced underneath a stopped semi-truck trailer. After that, Camps and his passenger exited his vehicle and ran to a grassy bank nearby.

Accidents occurred on both sides of the interstate and all six lanes of I-75 were closed throughout most of the day on Sunday as fire crews extinguished the last of the flames. According to a spokesman for the Florida Highway Patrol, portions of the northbound lanes actually melted from the various fires.

Ludie Bond, spokeswoman for the Florida Forest Service, stated roadside fires began along I-75 sometime on Saturday. Previously during the weekend, the interstate was closed for a short time due to poor visibility. It was later reopened prior to the deadly crash. Because no controlled burns were scheduled in the area, investigators are currently examining whether the roadside blaze may been the result of arson.

Sadly, automobile accidents are one of the leading causes of personal injury and death in Florida each year. Injuries sustained in a car accident may be very minor or quite disastrous as was the case on Sunday. Although the causes of a vehicle crash can vary, hazardous road conditions, driver inattention, driver impairment, and driver fatigue are commonly to blame. Other factors include defective vehicles, road debris, driving too fast for conditions, and aggressive driving. If you were hurt in a car crash due to someone else’s carelessness, an experienced automobile accident lawyer can help.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized

New Study Reveals Red Light Cameras May Actually Increase Fatal Accidents in Florida, Nationwide

480202_broken_car%20sxchu%20website.jpgAccording to research recently released by the University of South Florida, cities that utilize red light cameras have a 25 percent higher rate of traffic fatalities related to red light running than cities that do not use the technology. The research, published in the Florida Health Review, completely refutes a February 2011 study disseminated by the Insurance Institute for Highway Safety which stated red light cameras would have prevented approximately 800 additional traffic deaths in 48 cities during a five year period.

In the February 2011 study, a five year period during which 62 cities did not have red light cameras was selected. Next, a five year period during which 14 of the cities had active red light cameras installed and operational and the remaining 48 cities did not use red light cameras at all was chosen. After the Insurance Institute compared the data, it arrived at the conclusion red light cameras could have prevented many red light running fatalities in camera-free cities.

In contrast, the University of South Florida study concluded the Insurance Institute’s analysis was not only scientifically flawed, but also highly suspect because the insurance industry funded the entirety of the research. Insurance companies have a significant financial stake in red light camera tickets. Although tickets from red light cameras do not add points to a Florida driver’s license, they are still used to increase insurance premiums.

Other problems with the Insurance Institute’s research also existed. For example, several of the cities evaluated that never implemented red light cameras experienced very few or no fatal accidents associated with red light running during the relevant time periods. Consequently, it was impossible for researchers to truly compare before and after death rates. After researchers at the University of South Florida re-analyzed the statistics used by the Insurance Institute using valid research methods, they concluded red light running fatalities were in fact significantly higher in red light camera cities.

Florida residents spend countless hours in their automobiles each year and motor vehicle collisions are an unfortunate fact of life. Car accidents are one of the leading causes of personal injury and death in Florida. Injuries sustained in a motor vehicle collision can range from minor to catastrophic. Automobile accidents are generally caused by driver inattention, impairment or fatigue. Other factors may include defective vehicles, speeding, road debris, and aggressive driving. If you were injured on the road, a knowledgeable car accident attorney can help you file a claim against the negligent party.
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| Gary T. Lazarus | 0 Comments | NURSING HOME NEGLIGENCE, Uncategorized

Pinellas County Jury Awards Record $200 Million Verdict Over Nursing Home Death

Gavel%20-%20sxchu%20website.jpgThis month, a Florida jury awarded $200 million to the family of a nursing home resident who died in 2004 at the Pinellas Park Care and Rehabilitation Center. 92-year-old Elvira Nunziata was strapped in a wheelchair when she disappeared from a group of residents and made her way to an emergency exit stairwell. It allegedly took nursing home staff more than one hour to notice she was missing. Nunziata was found at the bottom of the stairwell sill in her wheelchair. Paramedics were called, but she died not long after they arrived at the facility.

Nunziata’s son filed a wrongful death lawsuit in Pinellas County against Trans Health Management Inc., the company who operated Pinellas Park Care and Rehabilitation Center at the time of her death. According to the lawsuit, Nunziata lived at the facility for more than one year before her death. At trial, her son alleged the nursing home’s staff was aware Nunziata suffered from dementia and was prone to wandering. Nunziata purportedly suffered previous injuries which resulted from falls at the home. Former caregivers also stated under oath that the facility was understaffed and employees frequently disabled stairwell alarms. At the time of Nunziata’s death, the nursing home was under investigation for several abuse complaints and had a history of deficiency citations.

The attorney representing Nunziata’s son asked the jury to send a message to the nursing home and make them pay for the unacceptable care she received. After deliberating for less than an hour, the jury awarded Nunziata’s estate $60 million in compensatory damages and $140 million in punitive damages. This is one of the largest nursing home liability awards ever made by a Florida jury. Unfortunately, Trans Health Management Inc., is no longer in business and its parent company, Trans Health, Inc., is currently in receivership in the Maryland.

A nursing home or other medical care facility is required to provide each patient with a certain level of care. When a nursing home fails to provide that level of care, they may be in violation of the patient’s bill of rights. If a resident is hurt or dies as a result of a care facility’s negligence or abuse, the patient’s family may file a nursing home liability lawsuit. Most care facility abuse cases result from negligence on the part of the nursing home. Nursing home liability cases may arise from a facility’s failure to administer the correct medications, failure to provide adequate medical care, failure to provide adequate food, emotional distress, and even sexual abuse.
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| Gary T. Lazarus | 0 Comments | DEFECTIVE PRODUCTS, Uncategorized

South Florida on Alert for Product Recall for Possible Contamination from Miami Meat Company

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Residents of South Florida should be on alert for potentially contaminated beef, according to a recent product recall from a Miami-based meat company.

The Sun Sentinel reported that Northwestern Meat, Inc. is recalling over 6,000 pounds of its Honduran beef which may have been contaminated from animal drugs. The U.S. Department of Agriculture recently announced the recall following a random sampling of the beef in mid-July. The USDA warns that the beef may contain lvermectin, which is an anti-parasitic given to animals. The recall involves C&D brand boneless beef cartons with the code LOT. N60 146-11 A or LOT. N60 146-11 B, with a processing date of 26.05.11. So far, the USDA has not received any illness reports. Once discovered, cases of the meet were not allowed in the US, although Honduran officials warned that the meat had made it through before the random sampling.

Globalization has allowed companies to use cost-effective means to produce their goods, while also providing Americans with foreign goods that would otherwise not be readily available. However, product recalls are common these days since companies rely so heavily on producing and importing their products from other parts of the world where certain standards for consumer goods may not apply as they do in the US. Furthermore, outsourcing will naturally lead to less control over one’s own product.

If you have purchased Northwestern’s meat and it contains the relevant product codes, be sure to dispose of it immediately. If you have ingested any of the meat, seek medical attention. For more information, call the USDA Meat and Poultry hotline at 1-888-674-6854.

| Gary T. Lazarus | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized

Major Cruise Line to Pay Damages to Employee for Cruise Ship Accident

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Last week, an arbitrator’s ruling in favor of an employee for a cruise ship accident showed that cruise lines, many of which are based out of South Florida, may want to rethink their protocol when dealing with injured crew members.

Carnival Cruise Lines, headquartered in Miami, was ordered to pay a crew member $800,000 for an injury he suffered in 2008 while working on Carnival’s Imagination. According to the article in All Voices, Marcin Sokolowski was lifting heavy bins as part of his duties as a maitre’d. He was not given a dolly or any other back support and when he felt a pop in his back while lifting bins in June 2008, he reported his injury to the ship’s doctor. The doctor only gave him pain medication and injections.

Sokolowski was transferred to another Carnival cruise ship headed back to San Diego. That ship’s doctor administered spinal adjustments and an injection. Eventually, a doctor in Cabo San Lucas notified him that he needed surgery. However, the cruise ship personnel would not allow him to have the emergency surgery in Cabo San Lucas, which caused more delay in treatment. Sokolowski later received surgery, but due to the delay, he suffered nerve damage in his right leg and was declared permanently disabled.

This ruling is very significant for the cruise industry and South Florida cruise ship attorneys. Cruise lines must ensure that crew members are given the proper tools and safety equipment while working aboard the ship. Furthermore, cruise line medical personnel are under a duty to properly diagnose and instruct patients. Though this incident involved an employee, the delays in surgery and proper treatment could have easily occurred to an injured passenger.

If you have been the victim of a cruise ship accident, consult our office to speak with a Cruise Ship Attorney today.

| Gary T. Lazarus | 0 Comments | AMUSEMENT RIDE ACCIDENTS, Uncategorized

War Hero’s Fatal Accident Highlights Dangers of Roller Coasters

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During the summer, roller coasters all over the country will have plenty of traffic as children and parents flock to amusement and theme parks. With so many selections such as Disneyworld and Busch Gardens, visitors from around the world will head to Central and South Florida for its thrill rides. However, an Army hero’s fatal roller coaster accident has many critics worried about the safety of roller coasters.

A story from ABCNews highlighted the accident, as well as a roller coaster incident in Texas , as examples to show the public how these recent incidents have brought attention to amusement ride accidents.

As noted by ABC in their story, proprietors of roller coasters and theme parks defend their rides and maintain that the odds of someone getting injured in a roller coaster accident are 1 in 1 million. However, many experts warn that the twists and turns of these thrill rides can cause serious injury, including severe whiplash and even death. Critics of these high speed thrill rides warn that the risks may outweigh the benefits, due to the lack of federal regulation over these coasters to apply appropriate safety standards.

We encourage families to enjoy the many theme parks and amusement rides throughout Florida, but we strongly urge that everyone be aware of the risks involved and to follow all safety instructions before going on a roller coaster. With access to the Internet it is easier than ever for an individual to locate thrill ride companies and amusement park’s safety information posted on their websites, so doing your research could also help avoid injury.

If you have been injured in a roller coaster accident, contact our office and consult with a South Florida amusement ride accident attorney today.

| Gary T. Lazarus | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized

FDA Warning Sheds Light on Common Pharmaceutical Error

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A recent warning from the FDA has highlighted a common mistake made by pharmacists: confusion of drug names.

Mixing up prescriptions due to the similarity of drug names is a common pharmaceutical error, and it’s something that Floridians should be aware of when heading to their local drug store. According to MedPage Today, the FDA issued a warning in June due to the 226 reports it received from confusing Risperidone (Risperdal), which is an antipsychotic, with Ropinirole (Requip), which treats Parkinson’s disease and Restless Legs Syndrome. These errors resulted in five individuals being hospitalized.

In its report, the FDA noted that some of the factors causing confusion were similar packaging, illegible handwriting of the prescription, and overlapping product characteristics, such as strength and dosage. It is important to understand that any pharmaceutical prescription error has the potential to cause serious illness and/ or death.

So the next time that you pick up your prescription, remember to carefully read the label carefully and inspect the actual medication to determine that the medication is actually used to treat your condition, especially with generics. In addition, don’t be afraid to ask your physician and your pharmacist about the uses of your medication. By taking a few precautions, you can reduce the risk of being a victim of pharmaceutical negligence.

| Gary T. Lazarus | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized

Study Shows Pharmaceutical Errors for Handwritten and E-prescriptions the Same

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These days, everything has gone electronic: banking, shopping, and even important documents are being transmitted through the internet. A recent study, however, of e-prescriptions (medical prescriptions sent electronically) shows that technology may not be the answer for preventing pharmaceutical errors in Florida.

Medical News Today reported on a study from the Journal of American Medical Information Association , in which Karen Nanji, M.D. evaluated over 3,800 e-prescriptions from pharmacy chains in Florida, Arizona and Massachusetts. The study found that the 11.7 percent of the prescriptions had mistakes, which researchers note is no better than the rate of error in handwritten prescriptions. The numbers show that a majority of the errors – 60.7 percent – were omissions of frequency, dosage and duration. Notably, there were about 190,000 physicians last year who were e-prescribing.

The results of this study are quite disappointing, considering that doctors have received Medicare bonuses for e-prescribing and that e-prescribing was supposed to save money and prevent pharmaceutical errors. Technology alone cannot ensure the health and safety of our loved ones. Other measures need to be taken to prevent these errors.

Pharmaceutical errors can lead to dangerous, even fatal, results. If you or someone you know has been injured due to a prescription error, consult with an attorney.