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

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 @
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 @
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

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 @
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 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

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