End of Top Medication Patents Could Mean Savings and Potential Accidents

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The pharmaceutical industry produces billions in revenue each year. Residents of South Florida spend top dollar on the best-named brands for their ailments. A recent article reported a major development in the next two years that could save you money, but could end up costing you your health.

The Los Angeles Times reported that 6 of the 10 top prescription drugs will be losing their patents. Among those drugs are Lipitor, Plavix and Enbrel. With the end of their patents approaching, drug companies will pounce on the opportunity to make the drugs.

While more generics will mean more savings, it may also mean more risk for injury from a medication accident. This means that along with the dangers of pharmaceutical error and medical negligence, consumers could potentially be injured from a sub-standard, defective product. While the story noted that the FDA maintains that generic drugs have the same quality, it also pointed out that 81 people in the U.S. and Germany died from taking a generic blood thinner made by Baxter Healthcare. Furthermore, a report from John Hopkins University researchers stated that there is a 10% chance that switching to an anti-epilepsy generic drug would change the concentration that the medication reaches once it is in the body.

It is imperative that developments in medicine lead to better medicine at a more affordable price without leading to injury or illness. Drug companies must be held accountable for making quality products which are safe for consumers.

World Health Organization’s Statement Raises Concerns Over Medical Malpractice and Pharmaceutical Errors in South Florida

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The World Health Organization made a startling claim this week regarding pharmaceutical error and medical malpractice in Central and South Florida.

According to the Reuters article, Liam Donaldson of the World Health Organization cited the following findings:

1- Individuals are more at risk from medical error than from flying.
2- The chances of medical error are “1 in 10” and the possibility of death is “1 in 300”.
3- 1.7 million infections in the U.S. are acquired in hospitals, leading to 100,000 deaths.
4- “Medication errors are common”.
5- The medical industry is in dire need of advanced technology and an increase in the amount of personnel to operate it.

Due to these alarming statistics, Mr. Donaldson believes that the state of medical care can not remain as it is and is in need of serious improvement. In an effort to minimize the quantity of medical errors and malpractice the World Health Organization has created a surgical safety checklist which could prevent 500,000 errors if used by hospitals. Our hope is that more hospitals in South Florida utilize this checklist and other protocols to prevent pharmaceutical errors and medical negligence thereby ensuring every patient’s safety.

Story on Pharmaceutical Error Highlights Need for Change

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South Florida is home to some of the best health care facilities in the nation. Patients, both young and old, rely on the expertise of medical professionals and pharmaceutical experts to ensure that they get the best treatment without having to worry about suffering from a pharmaceutical error. One mistake by a nurse in Seattle led not only to the death of an 8-month-old girl, but also to the nurse’s suicide and pointed out the continued dangers of pharmaceutical negligence.

MSNBC reported on the story in late June, in which a nurse gave a baby 1.4 grams of calcium chloride instead of 140 milligrams. The article also pointed out a few startling statistics about pharmaceutical errors. Notably, 1 in 7 Medicare patients suffer serious harm because of medical errors and hospital infections each year, and 180,000 patients die. Furthermore, a Washington University researcher found that 92% of the doctors surveyed said that they’d experienced a near miss, a minor error or a serious error, while 57% confessed to a serious mistake. The nurse was eventually let go and the hospital noted that it followed a “Just Culture” model which “use[s] errors to identify and correct systemic problems, rather than focusing on penalizing individuals.”

So is Just Culture the best method for pharmaceutical error prevention? Studies have shown that other tactics like e-prescriptions give the same rate of error as handwritten prescriptions. Firing employees who commit errors may resolve short-term problems, but as the statistics show, long-term issues still persist and factors such as similar names of prescriptions will ultimately increase the likelihood of error. Other methods must be implemented to reduce the risk of error in hospitals and pharmacies.

The safety of our community is important to us. Medical professionals and pharmacies in South Florida must be held accountable to improve protocol and do everything they can to prevent pharmaceutical negligence. Contact our office and consult with a Florida pharmaceutical negligence attorney if you’ve been injured from a pharmaceutical error.

Passenger Injured in Cruise Ship Accident

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Late last month, a cruise ship passenger aboard a vessel from Norwegian Cruise Line, based out of Miami, Florida, was injured and rescued after going overboard.

USA Today reported
that the passenger went overboard at about 8 p.m. when the ship was making its way down the Mississippi River to its Caribbean voyage. Representatives from NCL stated that the passenger was rescued and given medical treatment, although NCL failed to identify how the passenger went overboard or the extent of his injuries.

Cruise ship accidents can occur at any time. Statistics from Cruise Junkie show that last year, a total of 19 people went overboard on cruise ships. Accidents, of course, are not just limited to falling overboard. Food poisoning, injuries from onboard activities and failure of the cruise line to follow health or safety standards can also cause serious injury.

Consult with an attorney if you have been injured in a cruise ship accident.

Boating Safety Tips to Enjoy the 4th of July Weekend

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The 4th of July weekend is one of the highlights of the summer: barbecues, the beach and friends and family. It’s also one of the biggest weekends for boating. With so many great spots and sandbars in South Florida, boaters and their friends will be spending most of their time on the water. That means more traffic, more drinking and a greater chance of a boating accident.

Boaters have a lot of responsibilities when it comes to boating accidents: not only to themselves and to their vessel, but also to their passengers. According to a report by the US Coast Guard, there were 4,064 recreational boating accidents last year, resulting in 672 deaths, 3,153 injuries and $35.5 million in property damage. Alcohol use was the leading cause of deaths from a boating accident.

With this in mind, it’s important that passengers know how to enjoy their voyage safely. Here are a few tips for passengers to follow to help prevent boating accidents this weekend:

• Pay attention to any safety instructions that the driver/operator provides
• Wear a life preserver and make sure that your children wear one as well • Avoid excessive drinking while at sea • Follow any posted precautionary rules and speed limits • Take added precautions when boating at night • Do not operate a boat if you have been drinking and/or if you don’t have prior experience • Avoid heavy traffic areas and spots known for heavy partying/drinking • If you have been involved in a boating accident, seek medical attention immediately
We hope that you enjoy a safe and fun-filled 4th of July weekend.

How to Spot Signs of Inadequate Security

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Cases of negligent security occur each day to individuals all over the country. Throughout South Florida, places of business such as apartment complexes, strip malls, convenience stores and nightclubs sometimes fail to provide adequate security measures and protect their patrons, resulting in serious injuries and/or death.

For example, a Miami-Dade woman was recently awarded almost $2 million in a South Florida negligent security case against an apartment complex when she suffered debilitating injuries while escaping an attack from an intruder. In the world of reality TV, two men involved in an altercation with members of the cast of the Real Housewives of New Jersey are alleging negligent security (amongst other things) after an incident where a brawl ensued at the Hard Rock Hotel and Casino in the Dominican Republic.

How do you, as an injured victim, know if you have a claim for inadequate security? What types of signs should you look for? The following is a list of some of the criteria typically found in a negligent security case:

• The premises/area have a history of high levels of crime (robberies, rape, homicide, etc.)
• The landlord/property owner knew or should have known that the area was prone to criminal activity, yet did not provide security measures • An apartment complex agrees to have security gates/cameras/etc., but no such security measures are ever installed • No security guard/surveillance cameras on the premises • The premises have inadequate lighting at night • The premises have run-down/easily maneuverable security gates
It is very important to note that this list is not all inconclusive and that there are many other factors which may be required in a negligent security case. Furthermore, the fact that an incident may involve all of these factors does not necessarily suffice for a claim for inadequate security. These cases can be very complex and typically require experts to provide a full analysis of the premises and the incident. Only an experienced negligent security attorney can assess your potential case and determine if a claim is actionable on your behalf.

If you have questions about a potential claim for negligent security, consult our offices and speak with a Florida negligent security attorney today.

What You should Know about Auto Insurance Fraud in Florida

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Florida’s recent legislative session was filled with victories and losses for both parties. Surprisingly, one issue that is costing Floridians every year received little reform.

Auto insurance fraud has risen dramatically in Florida and has driven up costs associated with auto accidents for policyholders around the country. A recent article by Fox Business noted that Florida is the leader in staged accidents. The article discussed some of the negative impacts of Florida’s no-fault insurance system – a system utilized by 11 other states and Puerto Rico – which, as the article contends, has created a pool of funds that offenders exploit by staging accidents and utilizing crooked medical professionals to operate clinics that file false claims. Consequently, over 2,700 Florida claims were referred to the National Insurance Crime Bureau last year and it is estimated that insurance fraud costs Florida about $1 billion a year.

In light of these problems, lawmakers made efforts to tackle the issue. In April, the Miami Herald highlighted two bills, SB 1930 and SB 1694, aimed at combatting insurance fraud. SB 1930 would provide insurance carriers 90 days to investigate a claim before making payment medical payments (as opposed to Florida’s 30-day requirement) and SB 1694 attempted to limit fees for attorneys in PIP lawsuits. Critics feared that the bills would discourage injured parties with legitimate claims. Ultimately, the bills died in the judiciary.

Whether we see reform or stricter enforcement in the future, the numbers don’t lie: everyone pays for auto insurance fraud. As attorneys, we believe that it is our responsibility to protect the rights of auto accident victims and to represent their interests in a moral and ethical manner.

Florida Agencies, Administrators respond to Nursing Home Negligence

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Last month, we posted several blogs about the growth of nursing home abuse in South Florida. After an investigative report by the Miami Herald, lawmakers and government agencies took notice of the problems in nursing homes and assisted-living facilities (ALFs) throughout Florida. In response to these findings, the state is cracking down on violators.

The Agency for Health Care Administration has taken several measures to put an end to violations by nursing homes and ALFs. Governor Rick Scott announced that the agency imposed $125,000 in sanctions to 46 nursing home abusers. It is also taking away thousands in tax dollars from a chain of Tampa ALFs.

As the Miami Herald reported, three chains of Mapleway Communities will no longer be able to bill for their services under Medicaid; a harsh penalty which is available to the state under Florida law. This will be a big blow to the ALF chain, since facilities such as these will have to resort to making residents pay out of pocket or through private insurance. The governor’s office also noted, according to the Herald, that its website FloridaHealthFinder.gov will provide more updated information on ALFs and nursing homes.

We hope that the actions by our state will serve as a wake-up call to offenders. As attorneys, we will continue to do our part to keep you informed of the developments in battling nursing home negligence and fight for the rights of victims of abuse.

Rapper ‘Flo Rida’ arrested in South Florida for DUI

 

 

Last week, rapper Flo Rida, known for his hit songs “Low” and “Right Round”, was arrested in Miami Beach and charged with driving under the influence and driving with a suspended license. Thankfully, this incident did not result in an auto accident.

According to the Sun Sentinel and TMZ, Flo Rida, a native of Miami Gardens whose real name is Tramar Dillard, was driving through South Beach at about 3:30 am when police pulled over his 2008 Bugatti and detected the smell of alcohol. The rapper apparently had a blood alcohol level of .185. The legal limit in Florida is .08.

DUI accidents account for thousands of fatalities every year. The figures, according to Alcohol Alert, show that there were over 37,000 alcohol-related deaths in 2008, with 1,041 of those deaths occurring in Florida. That number accounted for 35% of Florida’s total driving fatalities that year.

If you have been the victim of a DUI-related accident, consult with a Florida auto accident attorney.

Nursing Home Negligence: A Growing Concern in Florida

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We have all seen the stereotypical scenario in movies, TV, and in real life: after years of working up north, a retired couple moves to Florida to spend their golden years on golf courses and sandy beaches. South Florida is a great place to live, vacation and retire. Many of us have parents and grandparents who, after some time, require the care and comfort of nursing homes and assisted-living facilities.

Nursing home abuse has been a hot topic for exposés around the country and, as the Orlando Sentinel and the Miami Herald reported last month, it is a growing concern in Florida. Both the Sentinel and the Herald highlighted several incidents of nursing home abuse, including: a 71-year-old in South Florida who died from burns in a bathtub; a 75-year-old priest with dementia in Pinellas county who wandered off unsupervised and was found in a lake with bodily injuries from alligators; and an assisted-living facility owner in the Panhandle who threatened residents with a stick and refused them food and drugs. Both the Sentinel and the Miami Herald also note recent attempts by Florida legislature to impose restrictions on nursing home lawsuits and restrictions on Florida’s nursing home watchdogs. (Note: the Herald also includes a 3-part video on its investigation).

The Herald’s 3-part series on its investigation – which spanned one year and included examination of state inspections, reports and files, as well as interviews with operators and residents – noted that the “Agency for Health Care Administration, which oversees the state’s 2,850 assisted-living facilities, has failed to monitor shoddy operators, investigate dangerous practices or shut down the worst offenders.” The findings were quite appalling: (1) regulators could have shut down 70 facilities who committed violations, but only closed 7; (2) facilities are frequently found in violation for using restraints (tranquilizers, ropes, closets), but not punished; and (3) almost once a month, residents die from neglect, but arrests are rarely made.

Choosing the appropriate nursing home facility is a very difficult task. Though most rely on reviews and ratings of a facility, word of mouth and reputation, you can never be too careful when entrusting your loved ones to the care of a nursing home. As attorneys, we feel it is our privilege and our duty to represent those who have been abused or neglected by nursing homes. If you or a loved one has been the victim of nursing home abuse, consult with a Florida nursing home attorney today.