| Gary T. Lazarus | 0 Comments | GENERAL PERSONAL INJURY, Uncategorized

Personal Injury Facts and Figures

When people think of a personal injury occurring, they always think it will happen to someone else….until it happens to them.

Then they scramble to deal with the care and treatment of injuries, the expenses, lost work, and the pain and suffering. It’s probably a good idea to be aware of the most common types and causes of personal injury incidents, and to have the name of a trusted, experienced lawyer who will protect your rights on hand all the time. It is likely that at some time in your life you or someone you know will need one.

Causes
The most common causes of personal injury incidents are accidents, negligence by another person or party, defective equipment, and unforeseen happenings or occurrences. There are also injuries that occur as a result of someone else’s deliberate actions which include physical battery.

(1) By far, the number one cause of injuries in the United States is traffic accidents.
In 2011 there were 32,479 people killed in traffic accidents according to the U.S. Department of Transportation. In 2012 the number rose to 33,561 people killed.

According to the US Census Bureau, the population as of Dec 30, 2014 at 2 pm is 320,083,330 – by the way, here is an interesting website that gives to-the-minute population data:
http://www.census.gov/popclock/ –

Now, if you consider that there are 320 million people, and 32,000 die in accidents, that is one in 10,000. This may seem a bit morbid, but that means if you go to a stadium with 80,000 people – statistically, 8 people will be killed in a roadway accident. In a year.

The number for injuries are obviously much higher: in 2012, there were 2,362,000 people injured in roadway accidents. That is one in every 100 people.

We don’t intend to frighten anyone, but it is good to be cautious and prudent when driving, or just riding with someone else in an automobile, truck, or motorcycle.
– Drinking and driving – an unconditional no-no.
– Texting and Driving – never.
– Driving carelessly or over the speed limit – don’t do it.
– Unsafe tires or other equipment – very, very dangerous.

(2) Negligence
Despite advances in training and technology, there are more and more cases of negligence each year. Business owners are required to use diligence to protect customers for example, but too often people are hurt by failure to safeguard food, screen employees, or follow generally accepted policies and procedures.

(3) Defective Equipment
Companies and individuals will often put off maintenance of equipment to cut costs, and people suffer injuries as a result. Poor lighting, slippery floors, loose shelves, improper wiring are just a few examples of equipment lapses that can lead to injury or death.

The bottom line on personal injury is: Avoid them! But you can’t live your life hiding under your bed, either. So the Law Firm of Lazarus and Lazarus urges everyone to be vigilant and cautious, using good judgment and knowledge to hopefully avoid injury.

If you are injured, in a traffic accident, due to negligence, or because of faulty equipment you should know that you have rights. The attorneys at Lazarus and Lazarus have earned a sterling reputation for defending their client’s rights, negotiating settlements, and proceeding to court to gain compensation whenever necessary. You can reach Gary and Arleen Lazarus and their dedicated staff by calling 954-356-0006.

| Gary T. Lazarus | 0 Comments | NEGLIGENT SECURITY, Uncategorized

What is Negligent Security and How Does it Affect You?

We all want to feel safe in our homes, at work, and when we’re out and about. Stopping at the grocery store to use the ATM, we assume there is adequate security to assure our safety. That may not always be true, however.

What level of responsibility does a store, or any business have when it comes to providing adequate security? The answer depends on what state you are in and what the law says in that state pertaining to reasonable measures for security.

A general description of security responsibility is:

A landowner has a duty to exercise reasonable care to protect against foreseeable criminal conduct. This duty is applicable to all types of business where you have business invitees: retailers, condominium associations, apartments, hotels, restaurants, bars, malls, etc.
It is the responsibility of a store owner, for example, to be aware of crime grids, recent dangerous incidents, and other hazards. They must take reasonable steps to make sure customers are safe. Cameras, security guards, and other preventive actions should be implemented for safety’s sake.

In Florida, there are specific statutes covering liability as it pertains to incidents that may involve security negligence. Chapter 768 addresses negligence.

For example, convenience stores are known for being susceptible to robberies, but Florida Statute 768.0705 states that the owner of a convenience store who implements applicable security measures may gain a presumption against liability resulting from criminal acts which occur as the result of a 3rd party.

Therefore, in contrary circumstances, where applicable security measures are not implemented, the owner may be deemed to be negligent and may be liable for damages.
What are these security measures? According to Florida Statute 812.173 the premises should have:

– security camera system – drop safe or cash management device;
– lighted parking lot;
– notice in the form of signage that the cash register contains less than $50;
– unobstructed window signage;
– height markers;
– a cash management policy;
– no window tinting;
– a silent alarm.

If a criminal act which causes harm to an individual was committed by an employee, there are additional considerations and statutes covering same:

Did the employer conduct a background check? Were the employee’s references checked? Did the employee complete an application with proper questions regarding previous criminal convictions?

There are instances where other factors may affect a business owner’s liability, for example: was the victim invited, or was he or she trespassing? Was the victim drunk? Was the victim complicit with the person committing the criminal act?

As you can see, the area of negligent security is complex, and Law Firm of Lazarus and Lazarus
has a great deal of experience in this field throughout the state of Florida. Gary and Arleen Lazarus have successfully represented many victims of negligent security and they are eminently qualified and versed in the statutes and precedents regarding these situations.

If you or someone close to you has been the victim of harm due to negligent security, a call to 954-356-0006 will connect you with Gary, Arleen, and their professional and caring staff.

| Gary T. Lazarus | 0 Comments | CRUISE SHIP ACCIDENTS, MEDICAL MALPRACTICE, Uncategorized

Critical Court Decision Says Cruise Lines Open to Medical Malpractice Lawsuits

A wise man once said “Assumptions are dangerous things to make.”

We assume a lot. When we take a trip aboard a multi-million dollar cruise ship for example, we assume we are safe from accidents and that we would receive exceptional medical care should we become ill. That is not entirely accurate.

Maritime medical malpractice have languished in limbo for many years, with victims grasping for ways to sue negligent physicians and other healthcare professionals employed on cruise ships. But a decision on Monday, November 10, 2014 by a panel of the U.S. Court of Appeals of the 11th Circuit in Atlanta says cruise lines should not be immune from lawsuits alleging medical malpractice. See the decision here: USCourts.gov

Cruise lines have enjoyed immunity from many types of negligent actions for years, and this decision is truly historic. Because most laws affecting negligence are state statutes, they only pertain to events which occur within the boundaries of the state.

One of the key portions of the decision, written by Justice Stanley Marcus, states, in part:
“…..we now confront state of the art cruise ships that house thousands of people and operate as floating cities, complete with well-stocked modern infirmaries and urgent care centers. In place of truly independent doctors and nurses, we must now acknowledge that medical professionals routinely work for corporate masters. And whereas ships historically went ‘off the grid’ when they set sail, modern technology enables distant ships to communicate instantaneously with the mainland in meaningful ways.”

Negligence, injuries, liability, accidents, or medical malpractice occurring at sea or on foreign soil are unique, and a victim should seek the advice of an expert attorney in the area of cruise ship negligence.

Cruise Ship Negligence and Medical Malpractice are two areas of special focus for the Law Office of Lazarus and Lazarus. Gary and Arleen Lazarus have been guarding the rights of victims of sickness and injuries sustained on cruise ships for over 20 years. Their experience in south Florida and their knowledge of maritime and malpractice law has gained them sterling reputations in the area of cruise ship negligence.

A phone call to 954-356-0006 will put you in touch with attorneys Gary and Arleen, and their caring, experienced staff. They will be happy to listen to your story and recommend the best course of action for your specific situation.

| Gary T. Lazarus | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

Facts About Medical Malpractice

The headlines are sometimes stunning; multi-million-dollar awards to victims of medical malpractice.
One might question just how prevalent malpractice is, and the answer is very.

The fact is that medical malpractice is the 3rd leading cause of death in the United States after heart disease and cancer. This is according to the Journal of the American Medical Association.

What is medical Malpractice? Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” while treating a patient. The “standard of care” is what a reasonably prudent medical provider would or would not have done under the same or similar circumstances.

This manner of looking at a case helps determine if the provider was negligent.

Factors to consider when investigating possible malpractice include history, training, and whether proper risk management precautions were properly observed.

An experienced malpractice attorney is the best resource for answers when you or a loved one has possibly suffered medical malpractice.

The Law Firm of Lazarus and Lazarus has over 20 years investigating, litigating, and protecting the rights of victims of medical malpractice in Fort Lauderdale and all over the state of Florida. Calling 954-356-0006 will put you in touch with Gary Lazarus or Arleen Lazarus, and they will be happy to listen to your story and recommend the best course of action for your situation.

Edited by Hulsey Vazzer

| Gary T. Lazarus | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized

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.

| Gary T. Lazarus | 0 Comments | BOATING ACCIDENTS, Uncategorized

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

| Gary T. Lazarus | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized

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

| Gary T. Lazarus | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized

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

| Gary T. Lazarus | 0 Comments | NURSING HOME NEGLIGENCE, Uncategorized

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

| Gary T. Lazarus | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized

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.