| lazaruslaw-2 | 0 Comments | BOATING ACCIDENTS, Uncategorized, WRONGFUL DEATH

Family of Sarasota Man Poised to File Suit Over Key West Speedboat Death

122834_speed_boat_on_lake%20sxchu%20wesbite.jpgThe family of a Sarasota offshore speedboat racer killed during the Super Boat International World Championships in Key West last November is poised to file a wrongful death lawsuit against Super Boat International Productions, Inc. 59-year-old Joey Gratton purportedly drowned after his boat flipped over twice during a Key West race. His family claims Gratton survived the crash, but drowned due to a poor emergency response on the part of race organizers. Gratton’s death followed closely behind that of two Missouri men killed two days earlier when their boat crashed on the first day of racing.

Gratton was an experienced speedboat racer who, together with a close friend, won three world championships and eight national championships over the course of several years. According to reports, Gratton was not severely injured in the crash, but was instead alive, conscious, and fighting for several minutes to extricate himself from restraints. He is alleged to have drowned while waiting to be assisted by rescue boats. Instead of deploying immediately, rescue divers on an emergency helicopter were purportedly told by race organizers to act as second responders. The Miami-Dade Medical Examiner has stated Gratton’s official cause of death was drowning.

According to the Gratton’s attorney, the family will file a wrongful death lawsuit alleging gross negligence in Super Boat International’s safety and rescue response. He has stated race day rescue boat staff was not competently or adequately trained to act as first responders. He also claims divers were improperly told to allow rescue boats to act first, which wasted valuable response time. The family’s attorney claims Gratton would be alive today but for the company’s negligence. Gratton’s family has stated their overall goal in filing a lawsuit is to change Super Boat International’s emergency response measures to ensure the safety of other speedboat racers.

Many deaths in Florida each year are the result of tragic and unnecessary accidents. The unexpected loss of a loved one can be devastating, but it can be particularly upsetting when your loss is the result of another person’s negligence. When someone you love has been killed as a result of someone else’s actions, you have the right to file a wrongful death lawsuit against the party at fault. Generally, a fatal accident which is the result of an act of negligence, carelessness, or recklessness will give rise to a wrongful death claim. In Florida, family members have up to two years to sue for wrongful death. If you have lost a family member due to a third party’s negligence, an experienced personal injury lawyer can answer your questions and help you file a wrongful death claim.
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| Gary T. Lazarus | 0 Comments | MEDICAL MALPRACTICE, NURSING HOME NEGLIGENCE, Uncategorized, WRONGFUL DEATH

Florida House Passing Bills to reform Medical Malpractice, Healthcare Lawsuits

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The Florida House of Representatives has been busy this month, with several bills to that, if made into laws, will affect medical malpractice cases. The Orlando Sentinel and Bloomberg Businessweek reported on the bills passed this session which may be detrimental to victims of negligence and medical malpractice.

One bill (HB 479) restricts the use of expert witnesses by requiring certificates for out-of-state experts to provide expert testimony. Another bill (HB 661) places a $300,000 cap for pain and suffering damages for wrongful death claims in nursing home cases.

According to Businessweek, proponents applaud these efforts to make Florida more pro-business and cut unnecessary costs associated with malpractice, while critics fear that plaintiffs’ claims will be faced with more barriers to relief for their damages. The Orlando Sentinel noted that while supporters of these bills note that Florida has faced difficult times with recruiting and retaining physicians, especially with higher premiums in Florida compared to most states, studies showed that the number of malpractice lawsuits and payouts in 2009 dropped since 2004 and the sizeable uninsured population and lack of residency-training programs in Florida were primary factors for the lack of physicians.

Nevertheless, changes are being made which will affect the way lawsuits are handled. Attorneys are constantly faced with adapting to new statutes and case precedent, creating new strategies to properly approach every case, especially in the wake of changing governance. We will continue to educate you, as well as ourselves, on new developments and changes to our legislation, so that we can continue to serve you in an intelligent and ethical manner.

| Gary T. Lazarus | 0 Comments | Uncategorized, WRONGFUL DEATH

Bernie Mac’s Widow Suing Dermatologist for Wrongful Death

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The widow of the late comedian Bernie Mac has filed a wrongful death lawsuit against his dermatologist in Chicago. Rhonda McCullough is alleging that Dr. Rene M. Earles failed to call emergency medical services on July 17, 2008 and instead held Mac at his South Side clinic for nine hours, causing a chain of medical events that would lead to his eventual death from pneumonia weeks later.

According to the Sun-Times Newspaper, McCullough claims that Earles “failed to recognize cardiopulmonary instability in Bernie” and “failed to recognize and act upon abnormal vital signs and signs of respiratory failure” during his visit in July. At the time, Mac was being treated for lesions on his head, face and neck that were caused by sarcoidosis, the inflammatory lung disease that the actor had been suffering from for more than 20 years.

Earles stated that although he had a cold, Mac seemed healthy enough for the treatments. Earles had been administering the same treatments for more than two decades and felt confident that the actor was able to go through with the therapy. Earles gave Mac oxygen around 2:30pm and let him sleep until 6:30pm. After that point, he noticed that Mac had a low-grade fever, was breaking out in a rash and was wheezing. He stabilized him and administered medication to help him breath easier.

Mac was able to leave the clinic on his own, just after 10pm and a limo took him to the hospital. Mac died from complications related to pneumonia on August 9, 2008. His wife is seeking $50,000 from Earles.

Wrongful death lawsuits are difficult at best. It takes a skilled attorney to be able to prove these cases and stand up to medical facilities and insurance companies who have teams of attorneys on their side. Contact a wrongful death lawyer to discuss your case today.

| Gary T. Lazarus | 0 Comments | Uncategorized, WRONGFUL DEATH

Weston Family Sues Over Boy Scout’s Death

The family of a boy scout from Weston, Florida, have filed suit against the national, regional and local Boy Scouts, according to a July 15, 2010 article published in the Miami-Herald. In addition to the organization, Judith Sclawy and her husband, Howard Adelman, are also suing two other Scout leaders who organized a May 2009 hike, during which their son, Michael Sclawy-Adelman, 17, suffered from heatstroke and subsequently died.

The suit names several parties, including the Boy Scouts of America and its regional component, the South Florida Council, Plantation United Methodist Church, and scout leaders Howard K. Crompton and Andrew L. Schmidt.

The day of the incident, the Boy Scouts were on a mission to earn their Eagle Scout badges, and a 20-mile hike in the Everglades was a part of the program. But, with temperatures in the 100-degree range, Michael began to stumble around mile 15. Witnesses stated that Crompton gave him some water and a damp towel. After a bit, Michael stopped sweating and began to snore, which is commonly associated with heatstroke. Soon after, he vomited and then stopped breathing altogether. By the time helped arrived late in the day, he was already dead.

The wrongful death lawsuit claims that Boy Scout leaders failed to call help for 90 minutes after Michael fell seriously ill during the hike. Further, the parents allege that leaders were negligent in allowing the scouts to hike in 100-degree temperatures, and also for ignoring Michael’s symptoms of heat exhaustion for too long.

If you’ve experienced a wrongful death in your family, contact an experienced Florida attorney to handle your case. An attorney knows how to structure even the most complicated wrongful death suit to fight for what you deserve.

| Gary T. Lazarus | 0 Comments | Uncategorized, WRONGFUL DEATH

Safeguard Against Pool Injuries and Liability on Your Property This Summer

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A recent study indicates that Florida children under the age of 5 are at the highest risk for accidental drowning and death. According to the Florida Department of Health, our state has the highest unintentional drowning rate in the nation for children between 0 and 4 years old (7.39 per 100,000) from 2000-2005. This number is nearly 50% higher than the next closest state (Arizona has a rate of 5.41 for the same age group).

As a result, many homeowners find themselves in civil lawsuits for wrongful death or injury. South Florida homeowners can take several steps to reduce the risk of accidental drowning on their properties:

1. An adult must supervise children at all times. Even stepping away for a few minutes could mean the difference between life and death.
2. A four-sided barrier, such as a fence with automatic gates, should surround the pool to keep out small children when the pool is not actively in use.
3. Install safety covers and gate alarms to prevent drowning while the pool is not actively in use.
4. Be sure that all adults and children who use the pool know how to swim.
5. Get basic CPR and first aid training to help victims in case of an emergency.
6. Install an outdoor phone line or keep a cell phone handy to quickly reach emergency services should an accident occur.

Pool injuries and deaths can be avoided by taking the proper precautions on your property this summer. If you or someone you care about has been injured at a pool or if someone has been injured on your property, it pays to have a qualified lawyer on your side. Some cases are very straightforward and others are very convoluted and it is important to have a legal professional working for you.

| lazaruslaw-2 | 0 Comments | NEGLIGENCE, Uncategorized, WRONGFUL DEATH

Wrongful Death Suit Filed by Sister of Everglades Crash Victim

Last month, our posting “Plane Crash in South Florida Everglades Claims Family” described the tragic story of a South Florida family and their friend who died when their plane crashed in the Everglades. On Friday, October 16, the Sun Sentinel reported that Nanci Hirschorn is bringing a wrongful death suit against the Fort Lauderdale aviation company who serviced the plane.

Earlier in October, the Miami Herald reported that the pilot and owner of the Piper aircraft, Bruce Barber, radioed that the engine had caught fire and that there was smoke in the cockpit. Barber declined advice of air traffic control who told Barber to land in Pahokee, as the smoke was apparently dissipating. However, Barber later radioed that the plane was on fire, and disappeared from radar at about 3,000 feet.

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Hirschorn, sister of one of the passengers of the plane, Phillip Marsh, has filed suit against Schmidt Aviation Inc., claiming that the company failed to maintain a cracked valve, which caused the engine to catch fire. The valve cracked previously on three occasions.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized, WRONGFUL DEATH

Miami Beach Man Killed in Auto Accident on Florida’s Turnpike

Police identified the body of a man who was killed in an auto accident on Florida’s Turnpike as Avi Cohen of Miami Beach, Florida, according to the Palm Beach Post.

The crash occurred near Martin County at about 2:15 p.m. According to the Florida Highway Patrol, Cohen, 21, was driving a Ford Explorer when a tire blew, causing the Explorer to veer of the road and roll over. Cohen was apparently not wearing a seatbelt, was ejected from the Explorer, and died from injuries. Cohen’s passenger, Victor Cohen, was also injured in the car accident. The crash currently under investigation.

A Florida Department of Highway Safety and Motor Vehicles report showed that last year, there were a total of 5,207 seat belt violations reported by the Broward County Sheriff’s Office, with 3,286 violations reported by the Miami-Dade County Sheriff’s Office. According to a Floridadrivers.com Fact sheet, there were 2,889 traffic fatalities in Florida, of which over 59 percent of the drivers were not using available restraint systems. However, the National Highway Traffic Safety Association showed that seat belt use on highways increased to 90 percent, up from 87 percent in 2007. The consumer/safety group Advocates for Highway and Auto Safety note that lap-shoulder belts will decrease a front seat driver’s risk of fatal injury by 45 percent and the risk of moderate to critical injuries by 50 percent, depending on seating position and type of vehicle.

Campaigns for seat belt safety such as Click it or Ticket, safety advocates, and laws penalizing drivers who fail to use their seatbelts hopefully have made drivers aware of the importance of wearing your seat belt when driving. An accident causing serious injury and/ or death should not be the wake up call to abide by the law. It is clear that statistically, seat belts save lives, so please for your safety, always wear a seat belt when driving.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, BICYCLE ACCIDENTS, DUI DRIVER, Uncategorized, WRONGFUL DEATH

Auto Accident in Fort Lauderdale Kills Cyclist

A cyclist was found dead from an auto accident on Friday, August 28, in an auto accident which occurred shortly after midnight on State Road AIA in Fort Lauderdale. The Miami Herald reported that the cyclist was heading northbound when a Mercedes Benz, also headed northbound, collided with the cyclist.

Police had not released the man’s name because they had yet to notify the family. The cyclist was pronounced dead at Broward General Medical Center. Police continue to investigate whether the driver was under the influence at the time of the accident.

While driving under the influence is speculative in this case, it brings up a concern that Florida drivers are no stranger to. Concerns for drunk driving grow on holiday weekends, such as this weekend’s Labor Day. According to a study referred to in a previous blog entitled “Broward County auto accident puts eight in hospital”, last year there were 36 fatalities on Labor Day weekend, 12 of which were alcohol-related. That same study showed that, in 2008, there were 4,380 bicyclist injuries and 118 bicyclist fatalities in traffic accidents.

The Florida DMV calculates that, in 2006, there were 1,606 DUI convictions in Broward County and 1,824 convictions in Miami-Dade County. Statewide, there were 34,638 convictions. While this reflects an 8 percent decrease from 2005, the numbers are staggering.

However, Florida has enforced strict laws to crack down on drunk driving. Florida’s zero tolerance law enforces an automatic 6-month suspension for any driver under the age of 21 who has a blood alcohol level (BAL) higher than .02. The level for drivers over 21 is .08. The effect is that a driver under 21 in Florida cannot have a single drink of alcohol and get into a vehicle.

With warnings of DUI road stops and increased police force during these weekends, and the risk of serious and fatal injury, drivers are encouraged to do all that is necessary to prevent from driving under the influence. The abundance of taxis in large South Florida cities such as Miami have given drivers a safe alternative. For others, choosing a designated driver or finding activities that don’t involve alcohol will ensure a safe ride home for ourselves and for others as we celebrate a great Labor Day weekend.