| Gary T. Lazarus | 0 Comments | DUI DRIVER, Uncategorized

Bond Lowered for Coral Gables Man Accused of DUI Manslaughter

1337577_wine_swirl%20sxchu%20website.jpgThe bond for a Coral Gables man charged with DUI manslaughter in connection with the April 13th death of a teenager was recently lowered to $205,000. 38-year-old Sandor Guillen is accused of driving his girlfriend’s Land Rover at a speed of more than 100 miles per hour into a minivan carrying three people. The minivan was reportedly torn in two by the impact and 13-year-old Kaely Camacho died as a result of the injuries she sustained in the accident. Her father and 16-year-old sister were taken to Baptist Hospital and later released. Guillen allegedly attempted to flee the scene of the accident on foot before he was apprehended a few blocks away.

According to reports, Guillen smelled of alcohol and admitted to drinking liquor prior to the collision. A Miami-Dade judge initially set bond for Guillen at $1 million despite that the average bond for individuals accused of DUI manslaughter in Florida is about $45,000. Miami-Dade Circuit Judge Leon Firtel reduced the bond before a packed courtroom after stating it was his duty to uphold the law. Onlookers expressed concern that Guillen would flee the country if he were released. Both Guillen, a United States citizen, and his parents, Nicaraguan nationals, surrendered their passports to the Miami-Dade court. If Guillen posts the bond, he will be placed under house arrest and required to wear a GPS tracking device.

Guillen was also charged with driving without a license, motor vehicular homicide, and leaving the scene of an accident. The case has attracted widespread attention in South Florida due to the efforts of one of Kaely’s five siblings. Bree Ann Camacho used social media to encourage supporters of the higher bond amount to attend Tuesday’s bond hearing. She also started an online petition in support of maintaining the higher bond for Guillen.

Alcohol can have a significant effect on a driver’s judgment, perception, and reaction time. Individuals who choose to get behind the wheel while under the influence of alcohol are a danger to everyone on the roadway. Tragically, drunk driving is one of the leading causes of fatal traffic accidents in Florida. If you were hurt or lost a loved one in a drunken driving crash, it is a good idea to contact a capable Florida car accident lawyer to discuss your case.
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| lazaruslaw-2 | 0 Comments | CONSTRUCTION ACCIDENTS, Uncategorized

Road Construction Worker Killed by Dump Truck near Fort Lauderdale

1000242_toy_truck%20sxchu%20website.jpgRecently, a 53-year-old road construction worker from Hialeah died after a dump truck backed into him on Hillsboro Boulevard in Deerfield Beach. Witnesses stated Ricardo Corrales walked behind a truck driven by 43-year-old Emis Mauricio Martin-Rojas as the vehicle backed up during a road resurfacing project. At the time of the accident, Martin-Rojas was reportedly following the signals of a flag operator who was running alongside the vehicle on the ground. The driver of the dump truck apparently stopped after he realized he hit something and found Corrales lying on the roadway in critical condition.

Although Corrales was immediately taken to the North Broward Medical Center by emergency crews, he soon died as a result of his injuries. East Hillsboro Boulevard was closed for approximately two hours following the incident. The accident is currently under investigation by the Broward Sheriff’s Office.

Construction sites of any kind can be hazardous for workers. Each year, thousands of construction employees are hurt or killed on the job in Florida. Due to the dangerous nature of the work, construction accidents are usually quite serious and a worker may become permanently disabled as a result of his or her injuries. Common construction worker injuries include falls, burns, electrical accidents, internal injuries, and other harms that can result from the use of defective machinery or tools. Workers may also suffer broken bones, back injuries, traumatic brain injuries, and, as was unfortunately the case in this instance, wrongful death.

In Florida, workers’ compensation laws generally provide the only avenue of recovery for employees who are hurt on the job regardless of who was responsible for the injury. Still, an employer’s insurance company will often refuse to provide an injured worker with the maximum compensation he or she is entitled to. Some important exceptions to the exclusive remedy law do exist. In some instances, an injured construction worker may have a claim against a third party such as an equipment manufacturer, contractor, or property owner. If you were injured while working at a construction site, it is a good idea to consult with a skilled Florida construction accident attorney as soon as you are able.
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| Gary T. Lazarus | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

Miami-Dade Widow Claims Husband Died Because Hospital Released Him Too Quickly

823923_its_been_a_long_road%20sxchu.jpgIn early April, a South Florida man died less than 36 hours after he was released from Kendall Regional Medical Center following a hit and run bicycling accident. 51-year-old Miguel Rocafort was allegedly severely injured by an unidentified driver while riding his bicycle. Although several other hospitals were closer, emergency responders from Miami-Dade Fire Rescue reportedly elected to take Rocafort to the Kendall Regional Medical Center due to the hospital’s class II trauma center. According to his widow, Flor Graham, the hospital released Rocafort too early which contributed to her husband’s death.

Rocafort fractured a vertebra in his neck, sustained a serious head injury, suffered from fluid on the brain, and broke a leg in the crash. Still, his wife claims the hospital tried to discharge Rocafort two days after the accident due to concerns over how much of his treatment costs would be covered by his health insurance. His wife, who is a medical assistant at another area hospital, convinced the hospital to let Rocafort stay for an additional day. In the end, he was released from Kendall Regional Medical Center three days after breaking his neck in the hit and run crash. Rocafort died about one day after he was released.

According to Rocafort’s friends and family, the man was severely injured and still in a great deal of pain when discharged from the hospital. Soon after returning home, Rocafort began having difficulty breathing and became unconscious. Although his wife administered CPR until rescue personnel arrived, they could not revive him. Rocafort was pronounced dead at the Baptist Medical Center in Homestead.

Kendall Regional Medical Center reportedly refused to address Graham’s claims that the hospital was more focused on insurance coverage than her husband’s health. Instead, the hospital issued a statement that said Rocafort was treated and appropriately discharged.

Following Rocafort’s death, the hit and run accident case was transferred to investigators from Miami-Dade traffic homicide. Police are still looking for the vehicle that struck Rocafort. In addition to facing possible criminal charges for the accident, the driver who hit Rocafort may also be subject to a Florida wrongful death lawsuit.

Because medical caregivers in Florida must provide their patients with a reasonable level of care, Rocafort’s widow may have a medical malpractice claim against the hospital. While medical malpractice victims and their families have up to two years to file an injury claim in Florida, insurance companies also have two years to evaluate a malpractice claim before a lawsuit may be filed. If you believe you or a family member was the victim of medical malpractice in Florida, it is a good idea to contact an experienced personal injury attorney as soon as you are able.
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| lazaruslaw-2 | 0 Comments | NURSING HOME NEGLIGENCE, Uncategorized

Florida Nursing Home Caregivers Charged With Abuse

1160103_prescription_drugs_2%20sxchu.jpgIn January, a certified nursing assistant (CNA) was arrested in Tampa after she allegedly slapped a 91-year-old dementia patient at the Lake Villas Health Care Center. 27-year-old Vanessa Lashawn Robinson was charged with felony abuse of the elderly for allegedly slapping a patient over and over with her open hand. According to law enforcement, police were called after a witness saw the 91-year-old attempting to protect herself from being struck by Robinson. The CNA was later released after she posted a $2,000 bond.

The following month, a New Smyrna Beach nurse was charged with abuse, neglect, and fraud for reportedly administering an incorrect drug to a patient at a Daytona Beach nursing home. 55-year-old Kathleen Pimental is accused of withholding a disabled patient’s painkiller, oxycodone, and instead administering the anti-psychotic drug Risperdal. The Florida Attorney General’s Medicare Control Fraud Unit conducted an investigation after a patient complained of severe stomach pain and blisters associated with medication administered by nurse Pimental.

Pimental is accused of obtaining a controlled substance through misrepresentation, fraud, forgery, or subterfuge. She is also accused of abusing and neglecting a disabled adult. Following her arrest, the Manor on the Green nursing home employee was later released from the Volusia County Branch Jail.

These two cases are unfortunate and poignant examples of nursing home abuse. In the State of Florida, a nursing home facility is required to provide a certain level of care to every patient. When a nursing home or its employees fail to provide proper care, the facility may be in violation of the patient’s bill of rights. If a nursing home resident is hurt or dies as a result of the facility’s negligence or abuse, family members of a patient may file a nursing home liability lawsuit. Although most nursing home abuse cases result from negligence, they may arise from an employee’s failure to administer the correct medications, failure to provide adequate medical care, emotional distress, failure to provide adequate food, and even physical or sexual abuse.

Residents who are incapacitated or who are otherwise unable to report mistreatment are especially at risk for abuse in Florida nursing homes. Unfortunately, the signs of nursing home abuse can be difficult to detect. If your friend or family member is a resident in a Florida nursing home, it is important to maintain regular contact with both your loved one and the nursing home employees who are tasked with your loved one’s care. If you believe a nursing home resident has been a victim of abuse or neglect, it is vital for you to report your concerns. A skilled Florida nursing home abuse attorney can help you protect your friend or loved one’s rights.
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| Gary T. Lazarus | 0 Comments | BOATING ACCIDENTS, Uncategorized

Six Abandon Ship Due to Fire in Intracoastal Waterway Near Fort Lauderdale

347284_burning_boat%20sxchu.jpgRecently, a 30-foot boat caught fire and overturned in the Intracoastal Waterway near Fort Lauderdale. All six passengers, including three adults and three children aged 10, 12, and 14, abandoned ship as a result of the flames. A spokesperson for Fort Lauderdale Fire and Rescue, Matt Little, stated all of the passengers were able to swim to shore where they were pulled from the water by onlookers and emergency crews. Little also said no one was injured in the incident.

According to witness Linda Nair, smoke from the fire rose about 100 feet into the air and could be seen for miles. She said she was impressed by how quickly area firefighters extinguished the flames. It took firefighters approximately 15 minutes to put the blaze out. The cause of the flames is currently under investigation. The owner of the boat was not onboard at the time of the incident.

Luckily, no one was severely injured or killed in this particular accident. Still, a great many Florida deaths are the result of tragic and avoidable boating accidents. With so many great boating spots in South Florida, boaters often spend a great deal of time on the water. Because boating is such a popular form of recreation, it is vital for boaters of all ages to follow safety guidelines and rules. Boat operators have a responsibility to protect not only themselves and their vessel, but also their passengers. Losing someone you love in an unexpected watercraft accident can be devastating. It is often made even worse when your loss was preventable.

If you have lost a family member in a Florida boating accident, you have the right to file a wrongful death lawsuit against the party at fault. Generally, you may sue for wrongful death following a deadly accident that resulted from someone else’s act of negligence, recklessness, or carelessness. In the State of Florida, relatives have up to two years to file a wrongful death claim unless your claim is against a Cruise Ship in which case you may be limited to filing a lawsuit within one year based on the passenger ticket. If you have lost a family member due to another person’s negligence, you should contact a capable South Florida personal injury lawyer to discuss your case.
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| lazaruslaw-2 | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

Florida Supreme Court Considering State’s Medical Malpractice Damages Cap

875413_balance%20sxchu%20website.jpgThe future of Florida’s medical malpractice damages cap law enacted in 2003 is now being considered by the State’s Supreme Court. The Supreme Court of Florida recently heard oral arguments on the constitutionality of the law in Michelle Evette McCall v. United States of America. The law limits non-economic damages to $500,000, unless death or a catastrophic injury results. In such cases, the cap is instead $1 million. It also limits recovery for emergency services to $150,000, and $300,000. Additionally, where someone who is not a licensed health care provider committed the negligence that caused a patient’s injury, the cap is $750,000 and $1.5 million no matter where medical services were provided.

In the McCall case, a woman died from blood loss shortly after giving birth at Fort Walton Beach Medical Center in 2006. After her family sued for medical malpractice, a jury awarded McCall’s estate $2 million for pain and suffering. The judge in the case, however, lowered the award to $1 million in accordance with the 2003 Florida law. McCall’s estate appealed the reduction in damages on the grounds that her constitutional rights were violated because the reduction effectively limited McCall’s access to the courts.

An attorney for the State of Florida, Daniel Lenerz, said McCall’s access to the courts was not limited by the Florida damages cap. He stated lawmakers have created other damage limits on numerous occasions that have survived judicial scrutiny. According to Justice Barbra Pariente, a court will regularly defer to lawmakers with regard to caps on legal cases. She said the real question is how long such limits are defensible.

Florida lawmakers reportedly passed the malpractice damages cap law in response to a tightening insurance market. At the time, many physicians claimed increasing premiums could put them out of business. Insurance companies were also allegedly writing policies with lower maximum damages coverage. When the medical malpractice law was enacted, Florida lawmakers required insurers to reduce medical malpractice rates by 7.8 percent. It also required 18 new insurers to enter the market.

According to a lawyer for McCall’s estate, Robert Peck, 95 percent of all Florida medical malpractice cases are settled outside of a courtroom. He also stated the average settlement is $213,000. Peck does not believe cases such as McCall’s were the impetus for the medical malpractice damages cap law. Now, the issue is up to the Florida Supreme Court. The Court has an unlimited amount of time to examine the constitutionality of the law and render an opinion.

In Florida, the victim of medical malpractice has two years to file a claim. Insurers also have up to two years to evaluate a patient’s claim before a lawsuit may be filed. Because of this, it is vital for you to discuss your Miami-Dade medical malpractice case with a capable lawyer as soon as possible after your injury.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, TRACTOR TRAILOR ACCIDENTS, Uncategorized, WRONGFUL DEATH

Authorities Say Deadly Fort Pierce School Bus Accident Caused by Inattentive Bus Driver

1012894_cn_tower___%20sxchu.jpgLast month, a nine-year-old boy was killed and more than one dozen other children were injured when a school bus collided with a semi-trailer truck carrying landscaping sod near Fort Pierce. Many students, including the child killed, were wearing lap belts as required by Florida law. Still, several were ejected from the bus and lying on the ground when emergency crews arrived. The bus driver, Albert Hazen of Port St. Lucie, reportedly led the injured children off of the bus and directed them to rescue crews before collapsing and being taken to a local hospital.

According to a seven-page crash report released by the Florida Highway Patrol, the Frances K. Sweet Magnet School bus accident was caused by an inattentive bus driver. The report states the bus driver caused the accident when he turned left into the path of the oncoming tractor trailer. Despite that the 24-year-old semi-truck driver, Charles Cooper, attempted to avoid the accident, his vehicle struck the right side of the school bus and sent it spinning. Cooper was also taken to the hospital over injuries he sustained in the collision.

On the day of the accident, the sky was reportedly clear and the roadway was dry. Although toxicology results are currently pending, the driver is not suspected of using alcohol or other drugs prior to the crash. Still, the Florida Highway Patrol has stated charges related to the deadly accident are currently pending.

Motor vehicle crashes are one of the leading causes of personal injury and wrongful death claims filed in the State of Florida. Commuters, students, tourists, and others risk being injured in an auto accident every day. Some of the most common causes of Florida car accidents include drunk or impaired driving, driver inattention, and speeding. Many car crashes are also caused by drivers who are distracted by other vehicle occupants, cell phones, email, or text messaging.

Although car accidents may be minor, they can also be fatal. The medical costs related to recovering from an unexpected injury can be enormous. According to Florida law, those hurt in a collision are protected by mandatory Personal Injury Protection (PIP) insurance. Unfortunately, the costs of recovery are often not completely covered by PIP. An experienced Florida personal injury lawyer can explain your rights and your options for recovery following a car crash.
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| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Pregnant Woman Killed in Fort Lauderdale Poolside Cabana Accident

1197277_by_the_pool%20sxchu.jpgLast week, a pregnant Massachusetts woman was killed when a car drove into a Fort Lauderdale hotel’s poolside cabana while she was inside. 27-year-old Alanna DeMella died after 35-year-old Rosa Rivera Kim of Plantation lost control of the car she was driving, drove over a curb, and hit a cabana at the Riverside Hotel. DeMella’s 31-year-old husband was inside a nearby men’s room at the time of the accident. He was taken to Broward General Medical Center for minor injuries. The couple’s unborn son also died in the accident.

Kim was also taken to Broward General Medical Center for her injuries. Police did not perform a breathalyzer test or draw Kim’s blood immediately following the accident due to her injuries. The accident is currently under investigation and police are still determining whether to file charges against Kim.

The Massachusetts couple was reportedly in town for a marriage conference paid for by their church. They apparently chose to extend their vacation by one day after the conference. Just hours after the couple checked into the Riverside hotel, DeMella, a teaching assistant for third-grade special education students, was killed.

Although most are not as bizarre as this one, unexpected automobile accidents are one of the main causes of wrongful death in the State of Florida. Because of Florida’s many beaches, seaports, and amusement parks, our state often has a great number of tourists on both sidewalks and the road. Every day, tourists, commuters, students, pedestrians, and others risk being injured by a motor vehicle. Common causes of Florida pedestrian accidents include impaired driving, speeding, driver inattention, failure to yield, and drivers who are distracted by cell phones, email, or text messaging.

Pedestrian accident injuries are often catastrophic and the expenses associated with recovering from such an injury can be high. In Florida, injured pedestrians may recover damages for medical expenses, lost wages, surgery, physical therapy, occupational therapy, and pain and suffering. If you were hurt or a loved one was killed in a pedestrian or car accident, it is highly recommended that you speak with a qualified Florida personal injury attorney as soon as possible after the accident.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized, WRONGFUL DEATH

Palm Beach County Polo Magnate Convicted of DUI-Manslaughter and Vehicular Homicide

1334670_stop_sign%20sxchu.jpgOn Friday, a South Florida jury convicted polo magnate John Goodman of vehicular homicide and DUI-manslaughter in connection with a fatal February 2010 automobile accident that killed 23-year-old Scott Wilson. The six member jury deliberated for less than six hours before handing down a guilty verdict. Following the jury’s decision, 48-year-old Goodman was immediately taken into custody and now faces up to 30 years in prison. Although he plans to appeal the conviction, Goodman will likely remain in custody until he is sentenced on April 30th.

The high profile case made international headlines after Goodman, heir to a $1.4 billion fortune, adopted his 42-year-old girlfriend, Heather Hutchins. At trial, Goodman was accused of driving his Bentley while impaired, speeding, running a stop sign, crashing into Wilson’s vehicle, and leaving the scene of the accident despite that Wilson’s vehicle was upside down in a canal. Goodman also allegedly called his girlfriend following the accident and reportedly waited more than one hour before calling authorities. Wilson drowned as a result of the Wellington car accident.

Goodman testified at trial that he suffered a concussion in the crash and did not see Wilson’s vehicle in the canal. He also testified he tried to stop, but his Bentley instead surged forward out of control. The defense provided expert testimony that the throttle on Goodman’s car was somehow stuck open immediately prior to the collision. According to jurors, the expert’s testimony was not convincing.

When authorities tested Goodman’s blood alcohol level, it measured .177 percent, more than twice the State of Florida’s legal limit. Goodman’s defense team claimed although he drank over the course of the evening, he was not driving while impaired. According to Goodman, he instead drank most of the alcohol in his system following the crash at a nearby barn owned by a fellow polo player. Part of Goodman’s defense was that he drank in a so-called “man cave” in his friend’s barn in an effort to alleviate the pain of a broken wrist. Still, it reportedly did not sit well with jurors when Goodman admitted to running the stop sign and having a few drinks prior to getting behind the wheel.

In addition to the criminal trial, Goodman is also facing a $100 million wrongful death civil lawsuit brought by Wilson’s parents in connection with the accident.
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| lazaruslaw-2 | 0 Comments | BOATING ACCIDENTS, Uncategorized, WRONGFUL DEATH

Two Separate High-Speed Boating Accidents Kill Three in Tavares During Spring Thunder Regatta

548715_boat_wake__4%20sxchu.jpgLast weekend, two fatal boating accidents took place on Lake Dora during the Tavares community’s annual Spring Thunder Regatta. On Saturday, 53-year-old Mark Van Winkle of Stuart was killed when he was thrown from his vessel and struck in the water by another boat. On Sunday, 64-year-old Charles Woodruff of Jensen Beach and 73-year-old Dea Wiseley of Sun City Center died after they were involved in a high-speed crash. Woodruff was a former raceboat champion and Wiseley was also well known in the raceboat show circuit.

The deaths were the first in the regatta’s six-year history. The annual event, sponsored by the Classic Race Boat Association, marks the Tavares community’s annual kick-off to the boating season and showcases vintage racing boats traveling at speeds of up to 80 miles per hour. Drivers are not on the water to race their boats, however. Each year, the regatta generally draws about 10,000 spectators.

According to the Florida Fish and Wildlife Conservation Commission, Woodruff’s boat ran over Wiseley’s boat on Sunday and both men were killed after being thrown into the water. On Saturday, an occupant riding in Van Winkle’s boat was also ejected but she was safely rescued. The cause of both fatal accidents is still under investigation. Despite the perfect weather on Sunday, the weekend boating tragedies reportedly cast a pall over the community.

Each year, many deaths in Florida are the result of a tragic and unnecessary accident. Losing a loved one unexpectedly can be devastating, but it can be particularly distressing when your loss is the result of another person’s negligence. If you lost a family member due to someone else’s negligent actions, you have may the right to file a wrongful death lawsuit. Generally, a deadly accident which results from an act of negligence, recklessness, or carelessness will give rise to a wrongful death claim. In Florida, family members of someone killed in an accident normally have up to two years to sue for wrongful death. Clearly, no amount of compensation can make up for the loss of your loved one, but filing a wrongful death claim may allow you to hold the liable party accountable for their actions. If you have lost a family member due to someone else’s actions, it is a good idea to contact a qualified personal injury attorney to discuss your options.
Read more “Two Separate High-Speed Boating Accidents Kill Three in Tavares During Spring Thunder Regatta”