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What to do After a Motor Vehicle Accident in Florida

Florida Law Requires Certain Actions After an Accident – Florida Accident Attorney

florida accident attorneyIf you witness an accident, but are not actually involved you are not required to remain at the scene. However, your input may help authorities determine what the caused the accident, who is at fault, and would probably be the right thing to do. Make sure authorities are notified and if there are injuries be sure they are aware. Unless you have medical training it’s best not to try to administer medical assistance.

Don’t put yourself in danger by stepping into the roadway or approaching a dangerous situation. If other drivers are arguing, do not get involved. Wait for the authorities and be prepared to recount what you witnessed.

If you are a driver and are involved in an accident, you must stop your vehicle immediately after the accident and do not leave the scene. 

Position your vehicle in a manner that won’t obstruct other motorists. If you can’t do this, then either ask for help, or call a tow truck. If someone has been hurt, you must attempt to secure medical help right away.

Give your name, address, and registration number to anyone involved in the accident who requests this information. You may have to show your driver’s license, too. Law enforcement officers arriving on the scene have the right to all of this information, as well.

Accidents involving an injury or death, a hit-and-run or intoxicated driver, or property damage that appears to be over $500 need to be reported immediately to law enforcement. The investigating officer will make a written report on all accidents involving a death or injury.

If an officer completes a report, you won’t need to file a crash report. However, if a crash report hasn’t been filed by law enforcement, then you’ll need to do so within 10 days of the accident.

Unattended Vehicles

Many people aren’t aware of your obligations when it comes to cars that are unoccupied. If you are involved in an accident with an unattended and unoccupied car, you’re required to notify the owner. If you cannot find the owner, then attach a note to the damaged vehicle or property which contains your name, address, and license plate number. Be sure to write legibly. Also, report the accident to law enforcement right away.

For any accident, once you are certain that you have made sure injured parties are receiving treatment and you have complied with all reporting requirements and notified and cooperated with law enforcement, you should contact an attorney specializing in motor vehicle accidents.

Speak only to an attorney, and do not share information about the accident, including photographs with others, especially on social media or anywhere on the internet. Listen to the advice of your attorney and follow his or her instructions.

Florida Motor Vehicle Accident Attorneys

The Law Firm of Lazarus and Lazarus in Fort Lauderdale has been advising and representing people in Florida who have been injured in motor vehicle accidents for over 20 years. Calling 954-356-0600 will put you in touch with Gary and Arleen Lazarus, who are eminently qualified to help.

Fort Lauderdale Accident Lawyer
| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized | , ,

What Does Florida PIP Insurance Cover? What Isn’t Covered?

Many People are Unaware What “Basic Coverage” Means

Fort Lauderdale Accident LawyerI recently had a conversation with young woman who was working at Starbuck’s. She was forlorn because of an auto accident she had on the way to work and said that her car would be in the shop for several days. She wondered aloud about getting a rental car while she was without her car, and I told her it would depend on her insurance. She said “I have PIP.”

I didn’t want to tell her that she would likely be getting a ride to work for a while because she was having a bad day already, but PIP coverage does not provide rental cars for drivers while their cars are being repaired. In fact PIP does not cover repairs. PIP stands for “personal injury protection” and covers medical expenses.

So many drivers are unaware of the facts as they pertain to auto insurance, we would like to help with some basic facts.

The 2016 Florida Statutes, Chapter 627, Section 736 is titled: Required personal injury protection benefits; exclusions; priority; claims – and you may read the section by clicking here.

Some basic information about PIP:

·         If you are a resident of Florida and you own a motor vehicle, you are required to purchase PIP. If you are a resident of Florida and own a motor vehicle, you are required to purchase PIP.  You are covered by PIP if you are the named insured.  You, the insured, are covered by PIP while driving your vehicle or when a passenger in another’s vehicle.  You are also covered while outside a motor vehicle if struck and injured by a motor vehicle.

·         Resident relatives who live with you, the insured, may be covered by your PIP benefits while they are driving your car, as passengers in your or another’s car, and while pedestrians if struck and injured by a motor vehicle.

·         Others who are injured while driving your insured motor vehicle or who are injured while a passenger in your insured motor vehicle or who are injured as a pedestrian when struck by your insured motor vehicle may be covered by your PIP.

·         If you or your insured relatives living with you are injured while outside Florida, and are in your insured motor vehicle, you and your insured relatives are covered under PIP as long as the injury occurs within the United States, its territories or possessions, or in Canada.

It is prudent to visit with an insurance agent and take the time to discuss exactly what you expect from your automobile insurance before you buy it. Benefits like towing, repair, and rental cars are certainly worthwhile but they cost more.

PIP usually covers $10,000 of medical expenses and many injuries sustained in accidents exceed that amount.

The Law Firm of Lazarus and Lazarus has been helping Floridians injured in automobile, truck, and motorcycle accidents for more than 20 years as qualified accident attorneys. We are committed to provide everyone with the information you need to stay as safe as possible, and to have the information you need to make informed decisions.

We are available to meet with you if you’ve been involved in an accident, and you may contact us by calling 954-356-0006 to arrange a free consultation.
Click here to view our contact page where you may request that we contact you online.
Florida accident attorney
| lazaruslaw-2 | 0 Comments | Truck Accidents, Uncategorized | , ,

What Goes on at Those Weigh Stations Along the Highway?

Enforcing Weight Restrictions is Part of an Overall Safety Strategy for Big Rigs

You’re driving to Disney World and as you pass one of those “Weigh Station Ahead” signs your friend jokes, “You’ve put on a few pounds, and maybe you should pull in.” Such an amusing friend.

But seriously, what is going on at those weigh stations? Why do some trucks stop, and some drive right by? Are they checking for weight or other things, like illegal drugs? Do they serve coffee?

Florida accident attorneyThe answer is that vehicles that weigh more than 26,000 pounds or have 3 or more axles have to pay fuel taxes Truck weigh stations were originally developed for states to collect the fuel taxes they were owed by the commercial trucks using their roadways. Motor homes and other private (non-commercial) vehicles are generally exempt.

In North America, weigh stations aren’t directly used for that purpose anymore. There is now an International Fuel Tax Agreement which allows truckers to file a quarterly tax report. Weigh stations are still used to enforce the tracking and submission of the logs and the payment of the fuel tax.

Large commercial vehicles are almost all equipped with transponders, and these devices do a lot to make sure trucks are safe and are operating within the law. They can keep track of the number of hours a driver has been behind the wheel so they don’t exceed the limit.

The scales are still used to enforce weight restrictions. The federal weight restriction is 80,000 pounds. Trucks need a trip permit to transport a load exceeding that weight.

We have discussed before in this blog that the severity of an accident is highly influenced by some fundamental principles of physics including mass (weight) and acceleration (speed). A very heavy truck going very fast has the potential to cause massive amounts of damage.

It’s in everyone’s best interest for commercial truckers to follow the rules, obey the restrictions, maintain their vehicles, and operate safely. It’s also best for drivers of automobiles to be aware of special circumstances with big trucks like blind spots. (See our article on blind spots)

It is prudent to watch for trucks entering the highway at weigh stations. Big commercial trucks are often slow to reach full speed, so don’t ride up on them too fast.

Frequently asked questions about weigh stations in Florida can be found here: http://www.dot.state.fl.us/statemaintenanceoffice/motorcarrierqa.shtm

Florida Accident Attorney

The Law Firm of Lazarus and Lazarus is committed to providing information that will help drivers stay safe on Florida roads. We represent truck drivers, automobile drivers, and motorcycle riders who have been involved in serious accidents. We investigate, and when necessary we litigate so our clients are given their access to justice under the law.

Please reach out to us if you have been involved in an accident or if you have questions by calling 954-356-0006.

 

 

Florida Truck Accident Attorney
| lazaruslaw-2 | 0 Comments | TRACTOR TRAILOR ACCIDENTS, Truck Accidents, Uncategorized | , ,

Driverless Vehicles – Who is at Fault when they Crash?

Things that seemed technologically impossible years ago are now every-day commonalities as advances in science, computers, and engineering continue to grow.

No one would have believed that people would all be carrying portable phones and computers around with them, and the thought of driverless cars and trucks was a fantasy until just recently.

But the fantasy has become reality and prototypes of cars controlled by computers are now out on the road. Unfortunately, with every advancement there are sometimes very costly errors.

Florida Truck Accident AttorneyThe first reported death in a Tesla Model S crash while the Autopilot was activated has been shaking the Tesla and self-driving car community. The tragic accident happened May 7th in Florida, news outlets only learned of the event last week when Tesla revealed that the U.S. National Highway Traffic Safety Administration (NHTSA) launched preliminary evaluation in Tesla’s Autopilot system.

The investigation is in the very early stage, but it’s possible that the car’s forward facing camera, sensors, and radar interpreted the truck to actually be a bridge, and therefore “assumed” the car would be able to drive under it. What actually happened is the impact tore the roof off the car, and then it lost control. There is a possibility the driver of the car was watching a movie when the accident occurred.

This type of tragic incident is opening a whole new arena in the legal world, which is called robotics law.

Most advances in automobile technology such as seat belts, airbags, and anti-lock brakes were designed to improve safety but still relied on an action by the driver or passengers in order to function. Now the responsibility rests with a machine and it is very murky as to how this will affect court cases.

A division of the U.S. Department of Transportation, the Federal Motor Carrier Safety Administration (FMCSA) regulates nearly all aspects of the trucking industry. How cars and trucks will deal with the infusion of driverless vehicles remains to be seen, as the legal profession also ponders and debates these issues over the next several years.

The Law Firm of Lazarus and Lazarus specializes in accidents involving commercial trucks and has for over 20 years. It is a unique and complex area of the law where special regulations and guidelines apply, and both Gary and Arleen Lazarus are eminently qualified to handle these situations. Please call their Fort Lauderdale office at 954-356-0006 if you or someone you know has been involved in a serious truck-related accident.

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Why Cars and Trucks Collide

If We Understand Why Crashes Happen, We Can Take Steps to Avoid Them

Americans love to drive. Perhaps no invention affected American everyday life in the 20th century more than the automobile.

Although the technology for the automobile existed in the 19th century, it took Henry Ford to make the useful gadget accessible to the American public. Ford used the idea of the assembly line for automobile manufacturing. He paid his workers an unprecedented $5 a day when most laborers were bringing home two, hoping that it would increase their productivity. Furthermore, they might use their higher earnings to purchase a new car.

highway-trucksAnd so the love affair between Americans and their cars began. Even when new mass-transit systems are designed and constructed for travelers and commuters, large numbers of people prefer to drive on their own.

The creation of the interstate highway system not only allowed people to travel long distances in their cars, it permitted the cross-country delivery of goods by large commercial trucks. The blend of cars and trucks on the same roads has created the inevitable problem of collisions between the two, and these collisions often have deadly consequences.

Sharing the Road

The reason car vs. truck collisions are so devastating is simple physics. Passenger cars gained about 414 pounds in 26 years. In 1980, the average weight for passenger cars was 3,041 pounds, but it rose to 3,455 pounds by 2006.

The average weight of an 18-wheel tractor trailer on the road in the U.S. is 80,000 pounds.

When crash investigators examine what causes accidents, they look at the “critical reason” and the “associated factors” – two different things. For example, if a deer ran out in front of your car and you hit it, that would be the critical reason for the crash. However, an associated factor may be that it was raining and that caused you to not see the poor animal.

Some Statistics

For cars and trucks these are the critical reasons for crashes:

Trucks Cars
Non-Performance (sleep, sick) 3% 16%
Recognition (inattention) 35% 30%
Decision (speed, aggressive) 42% 24%
Performance (overcompensate) 7% 19%
Vehicle (brakes, tires, lights) 8% 4%
Environment (roadway, weather) 4% 3%
Unknown 1% 1%
Total 100% 100%

These are some of the associated factors – note that there can be more than one, so the totals exceed 100%:

Factors Trucks Cars
Brake problems 27% 2%
Traffic flow interrupted 25% 25%
Stop required before crash 21% 6%
Unfamiliarity with roadway 19% 10%
Inadequate surveillance 16% 14%
Traveling too fast for conditions 15% 11%
Illegal maneuver 12% 18%
Felt under work pressure 10% 3%
Distraction (Internal or External) 10% 10%
Inattention 9% 9%
Fatigue 7% 15%
False Assumption 6% 3%
Cargo Shift 1% NA
Illegal drugs 0.40%  3%
Alcohol use 0.30% 9%

You don’t have to be a government expert on traffic safety to notice a few interesting things. First of all, it seems that brakes on trucks are a big problem, and/or trucks need to reduce their speed. Also, it seems that alcohol and drug use is not a common cause for crashes among truckers. Passenger vehicle drivers still have some work to do on that issue.

If you drive a passenger vehicle, please pay attention to the fact that lack of rest is a big issue in crashes, as is lack of attention (which includes texting). Make a conscientious decision to eliminate those from being possible while you are driving, and you have significantly increased your chances of having a longer life.

Truckers, maintain your trucks. Try to avoid stress from the pressures of deadlines and competition. It’s understandable that you want to rush, but is it worth your life, or the lives of others?

Accidents involving truck have many special issues associated with them, and the Law Firm of Lazarus and Lazarus has reserved a major part of their practice to this complex arena. If you or someone you know has been involved in a crash involving a truck, we would be happy to sit down and discuss your situation. You may reach Gary or Arleen Lazarus by calling 954-356-0006.

Florida Personal Injury Attorney
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Let’s not “Visit” the Emergency Room

The dictionary defines the word “visit” as “an act of going or coming to see a person or place socially, as a tourist, or for some other purpose.” Most visits are pleasant experiences, right?

The U.S. Center for Disease Control, which works to keep us healthy also keeps track of injury statistics. They call going to the emergency room a “visit” but there’s not too much pleasant about being treated at the emergency room. Those are visits we can live without.

Florida Personal Injury AttorneySome of the types of injuries and statistics for emergency room visits are surprising, but understanding them might help us and our loved ones avoid visits to the ER. Sometimes injuries are our own fault and sometimes they are due to someone else’s – that’s when a personal injury attorney can help.

Let’s look at some numbers:

Nationwide, in 2011 there were 136.3 million ER visits. 40.2 million were related to injuries. The rate of people visiting the ER was 44 per 100 people, so if you’re an average person, you had slightly less than a 50% chance of going to the ER.

In Florida, the reasons for going to the ER are interesting.

The number one cause for going to the ER – non-fatal injury – is listed as “fall.” Now, a large number of these incidents are in the upper-age segment of the population for obvious reasons, but it is also number one for ages 10-14, probably skateboard and bicycle mishaps.

The number two reason for going to the ER in Florida across all age groups is “struck by.” Struck by? What is struck by? Some research shows that people are struck by many things including Struck By: car, truck, bus, train, boat, golf cart, golf club, forklift, crane, mobile platform, bicycle, tire, flying piece of X, garage door, door opening, rock, another person, mail carrier, farm equipment, falling objects, motorcycle, stock items, batted ball, lawn mower, scaffolding, pressurized hose, hammer head, etc…..

So, it’s probably a good idea to avoid everything on that list. You’d have to stay home under the bed.

Number three is motor vehicle accidents, which we write about often. Wear your seat belts, slow down, don’t text and drive, and never, ever drive if you have been drinking.

Number four is interesting but not surprising in Florida: over-exertion. The heat and humidity can wear you down and wear you out fast if you’re working or exercising above your tolerance. Always see a physician before starting a work-out regimen and stay hydrated. Take regular breaks of you’re working outside in the heat and when you feel that something hurts, stop.

Many visits to the ER can be prevented by exercising good judgement, but sometimes you can’t prevent an injury because they are often caused by someone else’s negligence. Some of the more common injuries resulting from negligence are falls due to unsafe conditions, being struck by unsecured objects, defective products, and assaults by other persons.

If you slip due to a puddle on the floor and you are injured, this is not necessarily a clear-cut “slip and fall” injury. There are legal issues such as duty of care, premises liability, security precautions, and a host of other circumstances to consider in any injury situation.

The Law Firm of Lazarus and Lazarus has been advising and helping victims of injuries in south Florida for over 20 years. Gary and Arleen Lazarus are eminently qualified personal injury attorneys who will listen to the circumstances of your injury and discuss options which may help you receive any compensation that is appropriate under the law. You can reach the firm by calling 954-356-0006.

 

| lazaruslaw-2 | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized | , ,

Overseas Health and Accident Insurance for Cruise Passengers

Two important things to think about whenever you travel overseas are (1) local laws and (2) insurance coverage.

Foreign laws are quite different than U.S. laws and anyone traveling abroad would be wise to study them, especially criminal laws. For example, with marijuana regulation lightening up in America, one might think that the rest of the world is going the same way.

That’s not entirely accurate.

For example, if you are going to Thailand, you may want to know that in Thailand, possession of category one drugs for the purpose of sale carries the death penalty!

People going on a cruise often think that the cruise company will have all bases covered should anything happen, like an illness, accident, or a minor legal issue. That, too would be an incorrect assumption. If you’re on board the ship and have a health issue, most ships have doctors and a medical facility. At a port-of-call you might be on your own.

On a recent B&O Cruise several passengers were injured while off-ship on the island of Vanuatu when their bus struck another vehicle. The report said “of the 12 tourists injured in the accident, 10 of them were seriously injured enough to warrant air ambulance evacuations to Brisbane. Several of the tourists involved in the crash suffered head injuries and multiple fractures.” Brisbane is 1200 miles from Vanuatu, which is quite disconcerting.

So, what can you do to make sure you are covered for any mishaps, accidents, or emergencies that might happen while far from home on a cruise? It might be a good idea to look into some quality insurance coverage.

There are three types of insurance related to international travel:

  • Travel Insurance insures your financial investment in your trip. Typically it covers such things as the cost of your lost baggage and cancelled flights, but it may or may not cover costs of medical attention you might need while abroad.
  • Travel Medical Insurance covers the cost of various levels of overseas medical treatment.
  • Medical Evacuation Services provides air ambulance, medical evacuation or medical escort service coverage for overseas travelers.

Before you buy new coverage, check your own insurance. Some policies will cover you abroad, some will not. The U.S. State Department has a link to a page on their website that offers a list of companies that will provide coverages. Blue Cross offers travel health insurance here.

As you can see, this is all a very complex area to understand. When someone is injured or is the victim of a crime while on a cruise away from the U.S. it’s always a complicated issue.

The Law Firm of Lazarus and Lazarus has been dealing with victims of negligence by cruise line companies, foreign medical personnel, hotels, and other transportation providers for over 20 years. We are one of the most highly regarded firms in the area of maritime law and we deal with U.S. and foreign law enforcement as well as insurance companies to make sure our clients are protected. Please reach out to us by calling 954-356-0006 and ask to speak with Gary or Arleen Lazarus.

| lazaruslaw-2 | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized | , ,

“Their Anxiety Grew as the Pills Dwindled”

Supply Chain Issues Cause Stress and Jeopardize Patient Health

Pharmacy Supply Chain ErrorsWe have discussed the fact that medical errors are now the 3rd leading cause of death, and that pharmacy errors account for a great number of those deaths. Many mistakes regarding prescription medications occur as a result of human error such as putting the wrong pills in the bottle, mislabeling, or incorrect dosages.

A new article in Forbes – A Prescription Drug Bottleneck Put My Husband’s Life in Danger – addresses a growing number of patients dealing with the “supply-chain” side of getting medicine from the pharmaceutical manufacturers to the patient.

Some companies are trying to by-pass traditional pharmacies and send medication via mail-order in order to save money. This article describes a patient afflicted with Parkinson’s disease and his wife who endured several very stressful episodes when crucial medication was completely unavailable.

Are Prescription Medications Safe?

Another issue related to the pharmaceutical supply chain is the fact that drugs often pass through many hands as they travel from the factory to the consumer.

Wholesalers and secondary wholesalers often distribute medicine to the highest bidder, or ship them out of the country if there is a buyer willing to pay. It is also in these mid-level channels that counterfeit drugs sometimes infiltrate the market from China, Thailand, or Columbia. The more frequently a drug changes hands, the greater the chance that counterfeit or diverted drugs can enter the legitimate supply chain.

Such a porous supply chain poses hazards to patients — thousands of people worldwide die every year from ingesting fake drugs — and it costs the pharmaceutical industry an estimated US$46 billion a year in lost profits. The World Health Organization (WHO) in a recent study said that counterfeit drugs represent more than 10 percent of global sales. In 2004, the FDA reported that the number of its investigations of counterfeit drugs rose by 150 percent from the previous year as a growing number of criminal groups take advantage of high profits and penalties that are less severe than those for selling illegal narcotics such as heroin or cocaine.

The chances of receiving a counterfeit pill from one of the major pharmacy chains in the U.S. are very slim, but it’s not a bad idea to inspect your medications and make sure they look right, that they’re the right color, etc.

If something doesn’t look right with your medication check with your pharmacist, and there are pictures of pills online, look for one published by the manufacturer.

Lazarus and Lazarus has been dealing with pharmacy-error-related injuries for over 20 years. If you believe you have suffered due to a prescription medicine related error or negligence on the part of a pharmacist, pharmacy, or any medical practitioner, we would be happy to sit down with you and listen to your story. We can be reached by calling 954-356-0006

Edited by Telarfa Czanno

| lazaruslaw-2 | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized | , , , ,

Adverse Drug Events Soar as Number of People on Meds Reaches Record Number

Nearly Two-Thirds of American Adults Take 5 or More Medications

As 2013, the U.S. Census Bureau estimates that there are 242,470,820 adults living in the United States, and a new study says that 62% are regularly taking five or more medications. That’s a lot of pills, inhalants, drops, elixirs, ointments, and suppositories.

When someone has a serious reaction, becomes ill, or dies because of a medication it could be an error by the patient, a mistake by the physician, a mix-up by the pharmacist, or a defect in the medication itself. The terminology for these events varies, but the government has decided the general term is Adverse Drug Events, or ADEs.

It’s important that when an ADE occurs, and it’s serious or life threatening, that the cause be determined. Sometimes it is negligence or malpractice on the part of the medical professional involved. These people and, in the case of pharmaceutical companies and pharmacies, companies, need to be held accountable to the victims who suffer as a result of their errors.

ADEs account for nearly 700,000 emergency department visits and 100,000 hospitalizations each year. ADEs affect nearly 5% of hospitalized patients, making them one of the most common types of inpatient errors; ambulatory patients may experience ADEs at even higher rates. Transitions in care are also a well-documented source of preventable harm related to medications.

Another term you may not be aware of is Polypharmacy—taking more medications than clinically indicated. This is likely the strongest risk factor for ADEs. Elderly patients, who take more medications and are more vulnerable to specific medication adverse effects, are particularly vulnerable to ADEs. Pediatric patients are also at elevated risk, particularly when hospitalized, since many medications for children must be dosed according to their weight. Other well-documented patient-specific risk factors include limited health literacy and numeracy (the ability to use arithmetic operations for daily tasks), both of which are independently associated with ADE risk.

This is a table that identifies potential places where ADEs can happen and safety strategies:

STAGE SAFETY STRATEGY
Prescribing •Avoid unnecessary medications by adhering to conservative prescribing principles
•Computerized provider order entry, especially when paired with clinical decision support systems
•Medication reconciliation at times of transitions in care
Transcribing •Computerized provider order entry to eliminate handwriting errors
Dispensing •Clinical pharmacists to oversee medication dispensing process
•Use of “tall man” lettering and other strategies to minimize confusion between look-alike, sound-alike medications
Administration •Adherence to the “Five Rights” of medication safety (administering the Right Medication, in the Right Dose, at the Right Time, by the Right Route, to the Right Patient)
•Barcode medication administration to ensure medications are given to the correct patient
•Minimize interruptions to allow nurses to administer medications safely
•Smart infusion pumps for intravenous infusions
•Patient education and revised medication labels to improve patient comprehension of administration instructions

Note that the largest section of the table is “Administration” which is where the patient and his or her caregivers are most-directly involved. This is where the drugs contact the patient.

If a patient is unable to properly count the pills and understand when to take them, then someone must help that person. Almost everyone has been aware of a family member or friend who is in this situation. Please try to help them or find them the help they need.

If a family member, other loved one, or friend is the victim of an ADE, it’s important to contact the right people for help. Medication errors that cause harm is an arena in the legal profession that requires experience and expertise due to the complexity of the pharmaceutical industry and the various medical professions.

The Law Firm of Lazarus and Lazarus has dedicated a substantial portion of their legal practice to pharmacy errors and negligence. Calling 954-356-0006 will put you in touch with a dedicated team of legal professionals who can help.

| lazaruslaw-2 | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized | , , , ,

Florida’s Prescription Drug Monitoring Database Opens to More Online Users

Program is Intended to Reduce Abuse of Controlled Substances

When Florida’s famous “pill mills” were pushing out dangerous medications to patients with addictions, advocates for better medical records pushed for a central database to track prescriptions for controlled substances. The result was the 2009 Prescription Drug Monitoring Program (PDMP) and most health-care professionals believe it has been a success.

Close-up of the Rx prescription symbol on a computer keyboard.

One of the drawbacks of the program has been the restrictions placed on who can actually access the system to input records, and view existing information. These restrictions specified that only physicians, pharmacists, and certain other practitioner s were able to actually access the system, not pharmacy techs or office personnel in doctor’s offices. The limits were put in place for good reason, as confidentiality is crucial to patient rights, but often the doctors and pharmacists are so busy that they lack the time to properly run the system as intended.

Often this blog has covered the high-volume of work placed on pharmacists as a contributing factor in the increasing number of prescription errors, and so this change may turn out to be a good one, time will tell.

Last month, the Florida Legislature passed Senate Bill 964, which changes who may access the database.  Currently only pharmacists and prescribers, such as physicians, dentists, and nurse practitioners, are authorized to access and submit reports to the database. Beginning July 1, 2016 the new law will specifically allow designees working on behalf of pharmacists and prescribers to check the database and submit reports.  This change is intended to improve compliance by making it easier for busy pharmacists and prescribers to delegate reporting activities to their staff.

While the PDMP is a good idea in principal, it applies only to controlled substances such as powerful painkillers and will not prevent patients from having drug interactions with their normal medications. It is very important for all patients to take time to discuss all their medications with their doctors and pharmacists. If you don’t understand something, ask.

The Law Firm of Lazarus and Lazarus has been representing victims of prescription medication errors and negligence for over 20 years. In that time the number of drugs approved by the Food and Drug Administration (FDA) has increased by over 3000, which makes this area of law extremely complex. Gary and Arleen Lazarus remain highly proficient and are eminently qualified to represent victims of prescription errors, and their office is dedicated to protecting the rights of victims. Calling 954-356-0006 will put you in touch with their caring staff.