Pharmacy Errors – There is Help for Victims

Some people may remember the days of the neighborhood, independent pharmacy. The kind of place where “everybody knew your name” and the pharmacist was more familiar with your medical history better than you were.

Most small towns had one or two pharmacies, or as they were called many years ago “chemist shops” or “apothecaries”. In my town, we just called it the drug store.

Today’s pharmacies are national chains and it seems there is one on every corner. These businesses require high-volume sales to stay competitive, and with more volume comes more potential for errors.

Pharmacy errors occur when the pharmacist gives the wrong quantity, dosage or type of drug to a patient. The Law Firm of Lazarus and Lazarus has extensive experience in the area of pharmacy errors, protecting the rights of victims for over 20 years.

A Lazarus and Lazarus Success Story:

We represented a 73 yr. old woman who went to her local pharmacy, a large national chain with a household name. While at the Pharmacy, our client filled a prescription for 10 mg. of Claritin, a popular allergy medication. Instead of filling her bottle with 10 mg. of Claritin, the Pharmacy mistakenly filled our client’s bottle with 10 mg. of Coumadin. Coumadin is a blood thinner and can cause life threatening problems if taken in large doses. Our client’s problem became compounded by the fact that she was already taking 5 mg. of Coumadin daily as prescribed by her doctor. Now, because of the Pharmacy’s negligence, our client was taking an overdose of Coumadin which caused her to begin bleeding profusely through every orifice of her body. An intern at Shand’s Hospital discovered the error and our client began to recover from this horrifying episode. A confidential settlement in the multiple six figure range was reached with the nationally recognized pharmaceutical chain.

If you feel you have been a victim of pharmacy errors there are several people who can be held accountable for what happened to you depending on the circumstances. Pharmacists, other pharmacy employees, and even the pharmacy company itself can be held liable for pharmacy errors.

Attorneys at Lazarus and Lazarus can advise you of your rights and assist you with recovering any compensation that might be due to you. Call 954-356-0006 to arrange a consultation.

Reckless or Boozed-up Boating is as Dangerous and Deadly as Drunk Driving

Fort Lauderdale is known as the “Venice of America” because of the miles of inland waterways, but actually all of south Florida is bustling with thousands of boats. On weekends and holidays the normally tranquil waterways and canals become treacherous maritime raceways with frequent serious collisions and accidents.

One such accident occurred this past 4th-of-July which killed four people, then another during the Columbus Day holiday killed a 29-year-old woman. It’s not yet certain if alcohol contributed to these incidents, but nationally it is the number one cause of boating deaths cited by the U.S. Coast Guard in 2012:

Contributing Factor———————-Accidents———-Deaths———-Injuries Operator inattention——————————-581————-47————-359 Operator inexperience—————————-417————-51————-303 Improper lookout———————————–391————-13————–278 Machinery failure———————————–346————10————–115 Excessive speed———————————–310————-31————-288 Navigation rules violation————————290————13————–236 Alcohol use——————————————-280———– 109————-227 Force of wave/wake——————————-228————–06————-204 Weather————————————————221————–43————-103 Hazardous waters———————————-184————–57—————92
The Law Firm of Lazarus and Lazarus has been representing victims of boating accidents for over 20 years, and they are experts in the field of maritime law. If you or someone you know has been injured in a boating accident, contact the Fort Lauderdale attorneys who have a solid reputation protecting the rights of their clients by calling 954-356-0006

Chronic Pain Malpractice Claims on the Rise

No one likes to live with pain. Short-term pain can usually be alleviated with an over-the-counter analgesic, but long-term chronic pain is another issue. While advances in pharmacology have developed better drugs to ease pain, the side-effects can be harmful, and even fatal.

Attorneys at the Law Offices of Lazarus and Lazarus have been representing victims of medical malpractice and pharmacy errors all over the state of Florida for over 20 years.

It is the responsibility of medical practitioners to properly diagnose the source of chronic pain and also to prescribe the proper course of treatment. When this includes pharmacological remedies, it is the duty of a pharmacist to properly dispense the correct drug at the right dose. Errors in any of these areas can lead to serious issues, and this is why there has been a significant increase of pain-related malpractice cases filed, as reported recently by MedScape.com:

By Caroline Helwick – The number of malpractice claims related to chronic pain management is increasing, and many involve permanent disabling injury or death, according to a closed-claims analysis presented here at the American Society of Anesthesiologists 2014 Annual Meeting.

“Malpractice claims associated with chronic pain have increased in number and severity over the past three decades, and they have increased out of proportion to the increase in pain anesthesiologists,” said Kelly Pollak, MD, from the University of Washington and the Seattle Cancer Care Alliance, who presented the findings.

Anesthesiologists prescribing opioid medications and those performing cervical neuraxial injections need to be particularly aware of the increase in severe adverse outcomes, investigators warn.

Not only have malpractice claims associated with chronic pain management increased, so has the number of pain specialists, who are using more potent analgesics and interventions, said Dr Pollak.

In the past, many claims involved epidural steroid injections, but those injuries tended to be minor and temporary. However, recent closed-claims analyses have identified an increase in major adverse outcomes, including death related to medication overdoses and major neurologic injury associated with pain treatment. Full story @ Medscape.com
If you or a loved one has suffered due to improperly prescribed pain pills or you feel that a pharmacy erred in dispensing your medication, you would be wise to seek qualified legal representation. Gary Lazarus and Arleen Lazarus are ready to place their vast experience on your side and see that your legal rights are protected. Contact the Law Firm of Lazarus and Lazarus at 954-356-0006.

Edited by Dergle Mumpton

Cruise Ships: Relaxing, Rollicking, but Sometimes Risky

Find a nice spot along the beach in Fort Lauderdale on a Sunday afternoon and watch the cruise ships stream out of Port Everglades, headed out for fun times at sea for thousands of happy, excited vacationers.

In 2013 the port handled over 3.5 million cruise passengers, and the vast majority had safe, successful trips. Many travelers, however, experienced illnesses, injuries, and some were victims of crime-at-sea.

The Law Offices of Lazarus and Lazarus represents injured clients and their families throughout the state of Florida, and they have gained a solid reputation for their expertise in the area of cruise ship negligence and liability.

USA Today recently published a guide to several areas of concern aboard cruise ships where passengers should remain vigilant:

Illness – Germs can spread quickly in any confined area, and on a cruise ship carrying over 2,000 passengers, it can be difficult to contain an outbreak. The Norwalk virus is a highly contagious gastrointestinal disease that has become synonymous with cruise ships, although it can travel through schools and other facilities as well. Sea sickness, colds, flu and food poisoning are also common threats.

Going Overboard – Although falls from cruise ships are rare, they do occasionally occur. Always remember that you are on a moving vessel, and the waves could swell unexpectedly. Stay well back from the guard rails, particularly in stormy conditions. Use particular caution when you have been drinking, which can throw off your balance. Never climb on the railings or allow your children to do the same.

Shipboard Crime – Modern cruise ships are effectively floating cities, providing for the needs of thousands of passengers and crew. While most people on board are trustworthy and good-hearted, like any city, a small percentage of people may have negative intentions. Just because you are on a cruise is no reason to let down your personal guard. Keep an eye on your drinks and replace them if left unattended. Avoid flashing large wads of cash. Never agree to go a private area with someone you have just met. If you carry a purse, keep it close to your body at all times. Full story @ USAToday.com
If you feel you have been injured or suffered some other loss or damage on a cruise ship as the result of someone else’s negligence, the advice and guidance of a qualified attorney is crucial to protect your rights. Attorneys at the Law Offices of Lazarus and Lazarus are eminently qualified to discuss and investigate your case. Call 954-356-0006 to schedule an appointment.

Edited by Jalaize Kukler

Nursing Home Surveillance: Should You Be Able to Spy on Your Grandma’s Caretakers?

People face the future in different ways, but the thought of having someone care for us when we are old is daunting to most. We all hope that family will be the closest and best choice for care, but when that is not an option we look to nursing homes for quality care.

The law firm of Lazarus and Lazarus has been protecting the rights of nursing home residents since 1991 with professional, caring legal representation when needed to address abuse.

In this high-tech era where cameras seem to be everywhere, there are laws and regulations regarding the placement of cameras in patient rooms at nursing homes to allow monitoring of conditions. These laws are changing, as reported by FlaglerLive.com:

By Jenni Bergal – Over the years, Illinois Attorney General Lisa Madigan has consistently heard “horror stories” about the abuse or neglect of nursing home residents. Now she is trying to bring such cruelty out of the shadows and into clear view.

Madigan’s office is drafting legislation, likely to be introduced in 2015, which would allow Illinois nursing home residents and their families to place cameras in their rooms to help protect them.

“Residents and family members should have the option, for their own peace of mind, to monitor what is taking place,” said Madigan. “If something goes wrong, you can see what actually happened.”

If the measure is approved, Illinois would join at least four other states-New Mexico, Oklahoma, Texas and Washington-that have laws or regulations allowing residents to maintain cameras in their rooms. In Maryland, cameras can be placed in a resident’s room, but only if the facility permits them, according to state guidelines. (Florida has no such allowances.) Full story @ FlaglerLive.com
If you know someone who may be the victim of nursing home abuse, the law firm of Lazarus and Lazarus is eminently qualified to meet with you, discuss and investigate your case, and proceed with appropriate action. With offices in Fort Lauderdale, Weston, and Orlando, the experts at Lazarus and Lazarus can handle a case anywhere in the state of Florida. Call 954-356-0006 to arrange a consultation.

Edited by Jalaize Kukler

Amendment 2 and Medical Marijuana – A Complex Issue

Voters in Florida will decide an amendment to the state constitution next month in a highly controversial election involving medical marijuana. The term “medical marijuana” implies that only persons with a physician’s prescription will be able to obtain a preparation of the cannabis plant intended for use as medicine, and many people believe it would be dispensed from a pharmacy.

But that’s not entirely accurate in this situation.

The law firm of Lazarus and Lazarus deals with injuries resulting from mistakes and errors on the part of pharmacies, but in the case of Amendment 2, the marijuana will be distributed by “marijuana treatment centers” and will not be dispensed with a written prescription, but with a “medical recommendation” for anything from relieving pain and nausea to treating sleep disorders.

The battle between pro and con forces is really heating up, and it seems likely that after the election there will be issues pertaining to future claims of negligence and injuries due to marijuana consumption. The attorneys at Lazarus and Lazarus are experts in the field of personal injuries of all kinds and are following this case closely.

If you feel you have suffered an injury or illness due to the errors of a pharmacy or pharmacist, you may reach Lazarus and Lazarus at 954-356-0006. With offices in Fort Lauderdale, Weston, and Orlando they are ready to meet you and discuss your case.

It wasn’t my Fault! Negligence and Liability

You see your friend’s car with a dent in the door and he says “I had an accident, but it wasn’t my fault.” Certainly police officers hear that all the time, irate drivers pointing fingers after a fender-bender assert their innocence, and attorneys hear it when clients visit them for a consultation.

Establishing liability (or negligence) in a personal injury case is not always as easy as it may seem to the drivers involved. This is why having an experienced, qualified attorney on your side is so important.

The online legal news source legalexaminer.com published some key elements involving how negligence is determined:

Establishing Negligence – by Nathaniel Fick
The main aspect of establishing liability in an auto accident case is proving negligence, and there are certain situations and types of accidents where liability is relatively clear-cut. These include:

Rear end collisions. The basic rules of the road require that vehicles keep a safe following distance from one another, so the vehicle that rear ends another will almost always be found liable. The law imposes duties of care on both drivers of lead vehicles and drivers of following vehicles. The operator of the leading vehicle must exercise the same degree of care to avoid injury to the vehicle behind him or her.

Left turns. Generally, a car making a left turn is usually held responsible when there is a collision with another vehicle coming straight from the other direction, although there can be exceptions, such as if the vehicle traveling straight was speeding or running a red light.

Accidents involving impaired drivers. Although a drunk driver’s fault is not automatic, the fact that they were under the influence of alcohol and/or drugs and arrested for DUI will make it hard for them to escape at least some degree of liability.

When a car hits a pedestrian. Drivers are required to be extra cautious when pedestrians are present, but pedestrians are not held blameless in all situations, such as when they don’t use a designated crosswalk or walk along a busy freeway at night wearing dark clothing. Full article at legalexaminer.com

Since 1991 the attorneys at Lazarus and Lazarus have been effectively fighting for the rights of personal injury victims throughout the state of Florida. They are experts dealing with issues involving negligence, liability, injuries, and damages.

With offices in Fort Lauderdale, Weston and Orlando, Lazarus and Lazarus attorneys are available to meet with you and discuss your case. Calling 954-356-0006 will put you directly in touch with an attorney who can answer your questions and guide you through the process of establishing facts and protecting your rights.

Edited by Dergle Mumpton

Widower Sues Jacksonville Doctors for Negligence Following Wife’s Death

1100587_hospital_hand%20sxchu%20username%20Egilshay.jpgA Jacksonville widower has filed a medical malpractice lawsuit against two physicians he claims caused the death of his wife of nearly seven years. Last August, 39-year-old Brooke Boon died from a pulmonary embolism three days after undergoing a four-hour plastic surgery. David Boon alleges his wife’s primary care physician, Dr. Gary Glicksteen, and plastic surgeon, Dr. Daniel Calloway, committed negligence when they allowed the mother of two small children to remain on the birth control drug Yasmin prior to performing the elective surgery.

Boon’s lawsuit alleges the two doctors committed negligence because they both knew contraceptive drugs increase a woman’s chances for developing a blood clot following surgery. He also says both doctors were aware that Brooke was taking the drug. Additionally, Boon pointed to the Physician’s Desk Reference which states patients should not take oral contraceptives for at least four weeks prior to an elective surgery. In addition to the two doctors, Boon’s lawsuit names Glicksteen’s employer, Internal Medical Group, as a defendant.

Medical professionals who provide treatment to patients in Florida must do so with a reasonable level of care. When a medical caregiver such as a primary care physician, nurse, surgeon, hospital, pharmacist, or dentist fails to provide a patient with proper care and an injury results, the victim may have grounds to file a medical malpractice lawsuit. A failure to diagnose or properly monitor a patient, an incorrect or delayed diagnosis, and surgical, birthing, and prescription errors may give rise to a medical malpractice claim. Other common medical professional errors include the improper administration of anesthesia, medical lab errors, and negligence.

The victim of a negligent, careless, or reckless medical care provider may be eligible to receive compensation for their medical costs, lost wages and benefits, future medical expenses, pain, suffering, and other damages. When a patient is hurt or killed by a health care provider in Florida, the victim and their families have up to two years from the time when they learned a medical professional may have caused the injury or loss to file a claim. Because Florida law allows insurance companies six months to evaluate a medical malpractice claim before a lawsuit may be filed, injured patients should file their claim as quickly as possible.
Read more “Widower Sues Jacksonville Doctors for Negligence Following Wife’s 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.
Read more “Miami-Dade County Requires Day Care Operators to Install Child Safety Alarms in Vehicles”

11-Year-Old Electrocuted While Playing Miniature Golf in Kissimmee

A child visiting Florida on vacation was recently killed while playing miniature golf at the Orange Lake Resort in Kissimmee. 11-year-old Ashton Jojo of Latham, New York was reportedly playing miniature golf with her family when she attempted to retrieve a lost ball. According to witnesses, Jojo fell into a 2-foot-deep pond and screamed. Another guest at the resort, Christopher Burges, responded to her screams and was allegedly injured as he attempted to pull Jojo out of the pond. Emergency rescue crews took Jojo to Celebration Hospital where she was pronounced dead.

According to the Orange County Medical Examiner’s Office, the cause of Jojo’s death was electrocution. A spokesperson for the Orange County Sheriff’s Office, Ginette Rodriguez, stated the resort is unsure how the water came to be electrified. Rodriguez also stated the Sheriff’s Office is currently investigating the cause of the incident. Following the accident, the miniature golf course was closed indefinitely.

Each year, millions of children and their families travel to Florida from across the globe in order to visit the many resorts, amusement parks, and theme parks our state has to offer. Unfortunately, many deaths in Florida result from tragic and unnecessary accidents like this one. Although unexpectedly losing a loved is always devastating, it can be particularly difficult to accept when your loss was due to a property owner’s negligence.

If you lost a family member as a result of an unsafe condition on someone else’s property, you may have the right to file a wrongful death lawsuit. The close relatives of someone killed in an accident will generally have up to two years to sue for wrongful death in the State of Florida. No amount of money can make up for the loss of your loved one, but it may help relieve some of your financial burden. If you lost a loved one due to a hazardous property condition, it is a good idea to contact a premises liability attorney to discuss your options.

If you or a loved one was hurt or killed while visiting a Florida attraction, contact Lazarus & Lazarus, P.A. Our dedicated South Florida wrongful death attorneys have experience helping both tourists and Florida residents recover damages for their own injuries or the wrongful death of a loved one that was caused by a malfunctioning or defective condition at a tourist attraction. The lawyers at Lazarus & Lazarus assist individuals who were hurt by unsafe conditions on property located in Orlando, Fort Lauderdale, Hollywood, Weston, and throughout Broward, Dade, and Palm Beach Counties. To speak with a skilled personal injury lawyer today, call the law firm of Lazarus & Lazarus at (954) 356-0006 or contact our hardworking attorneys through our website.

More Blogs:

Retired Astronaut Killed in Pensacola Beach Jet-Ski Crash, Florida Personal Injury Attorney Blog, July 7, 2012

Two Men Killed After Drunk Driver Crashes Into Historic Liberty City Restaurant, Florida Personal Injury Attorney Blog, July 3, 2012

Additional Resources:

New York girl electrocuted at Florida mini-golf course, by Barbara Liston, Reuters

Resort: 11-year-old girl electrocuted at mini-golf course in Florida, by Andrew Mach, msnbc.com

Photo credit: vivekchugh, Stock.xchng