Medication Errors in Nursing Homes – A Dangerous Dilemma

We have focused a major portion of our law practice on helping the victims of prescription errors and also on nursing home negligence. Sometimes there are medication errors occurring inside nursing homes and other care facilities, and the friends and families of the victims don’t know where to turn. We’ll start with some facts:

• State and Federal laws actually consider a percentage of prescription medication errors to be “acceptable” and even though nursing homes and other care facilities are inspected regularly, little is done when mistakes exceed the allowed level.

• Often, mistakes are self-reported, so it’s not known if every error is making it into the records.

• Most people are not aware that information about care facilities is available online, and ratings and inspection reports are available for review.

• People are also unaware of the warning signs for prescription-related sicknesses and injuries and how to look for them.

The Florida Agency for Health Care Administration recently issued this statement:

In addition to the requirement that nursing homes shall not have medication errors of 5% or greater, each nursing home must provide pharmaceutical services to ensure accurate administration of medications. This includes the participation of a pharmacist consultant who helps develops and monitors processes within the facility to ensure resident do receive the correct medications.

We believe 0% is an acceptable number of medication errors because of the serious harm that a patient may experience if given the wrong medication, or an over-dose, or medication is not administered at all.

Warning Signs: If you have a loved one currently in a care facility in Florida, it would be a good idea when you visit to ask questions about the dispensing of drugs. Ask about the procedures for giving drugs to patients and how the records are kept. Watch for changes in the patient with regard to their alertness, energy level, skin color, and balance. If there is a sudden change in any physical characteristic at all, ask questions. Also, look into their eyes when you visit and watch for any changes. Dilated or constricted pupils can be a sign something is wrong. We’re not suggesting you do the job of a doctor, but try to be aware of anything unusual.

Also, there is a website that offers details about all the health care facilities in Florida, as well as information on doctors. Please click here to find information on facilities, and click here to verify the license of an individual doctor, nurse, or other health care professional.

Doctors, pharmacies, and pharmacists make mistakes. When they do it can cause serious injury, pain, and suffering. Victims have rights, and they can take action to be compensated for the mistakes made by others. If you have questions, we’re here to help. Call us at 954-356-0006.

 

Fort Lauderdale Personal Injury Attorneys

Pain and Suffering Damages in Florida – Fort Lauderdale Personal Injury Attorneys

How do you put a price on relieving pain? If you have a headache, a bottle of Advil or Tylenol is available at Walgreen’s for about 5 dollars and you’ll probably be back to normal in a few hours.

What if your pain is long-lasting or permanent? What if it was caused by someone else’s carelessness or negligence? And what if your treatment for that pain is very expensive and will be necessary for many years? How will you deal with your pain and suffering?

You’ll need help.

You should be aware that if you are injured in Florida there are three Statutes that limit the time people have to take legal action. They are:

• 4 years for personal injury (Sec. 95.11(3)(a) & (o));
• 2-4 years for medical malpractice (Sec. 95.11(4)(b));
• 3 years for most claims against state & local governments (Sec. 768.28(6))

There are also some limits on how much you can recover in Florida for pain and suffering:

• No cap on pain & suffering damages, generally; $500,000 cap on non-economic damages in most medical malpractice cases; $200,000 cap on most claims against state & local governments (Sec. 768.28(5))

• No-fault rule (for car accidents) and pure comparative negligence rule may limit recovery of damages (Sec. 768.81(2))Florida Personal Injury Lawyers

You should also be aware that there are people who think there should be more limitations on how much you can recover for pain and suffering, and that insurance companies are known for being uncooperative when it comes to paying people for injuries. It takes experience, knowledge, and the execution of a solid plan to go after and recover the monetary compensation you need to heal. Sometimes it can be accomplished with reasonable negotiations and sometimes it is necessary to go to court.

Fortunately we live in a country where access to the courts is guaranteed by the Constitution, and with guidance from an experienced attorney you have the ability to pursue justice.

Every day we work with people who have been injured in auto, truck, and motorcycle accidents to get help for their pain and suffering. We also help people who have been hurt when the action or inaction of someone else has caused an accident. Falls are common causes of injury, and objects falling on people are also responsible for thousands of serious injuries each year.

The attorneys at Lazarus & Lazarus are ready to listen to you. We are a small firm dedicated to personal service and diligent work to get you the compensation for pain and suffering you deserve. Call us at 954-356-0006 for a confidential consultation.

Fort Lauderdale Motorcycle Accident Attorney

We’re Number One! Florida Ranks #1 on Many Lists, Some Good, Some Bad

Florida has one of the fastest growing populations in the nation, so we know there are some good things that make people want to live here.

Uninsured Motorists Florida

Of course there are some things that aren’t so great about our Sunshine State, and Channel 10 WPLG recently made that point in their story “Florida ranked No. 1 in sun, fun and fraud (not in that order).” But we love it here and we’re committed to making living in Florida better!

People love to read rankings and reviews, from college football to the best Taco Tuesday in town, and most are based on opinions, not facts. Florida ranks very high for weather, as a place to retire, and our higher education was ranked number one for higher education based on the time it takes for students to graduate, low-cost tuition, and low burden of debt.

We also rank number one on two fact-based lists that we need to work on: Most fatal accidents involving motorcycles and most uninsured drivers. For some reason, people in Florida are not taking the time to watch out for motorcyclists, and a very high percentage of drivers are going without auto insurance. These are both unacceptable.

It’s possible that the motorcycle accident rate is higher than other states because we have the weather for motorcyclists to ride year-round, but we have a higher percentage rate than other states with mild climates. It’s really a matter of educating drivers about the importance to do what we stress all the time:

  • When you pull out into traffic, look twice.
  • Be aware of who may be coming up from behind when you change lanes.
  • Never turn in front of an oncoming motorcycle, it may be moving much faster than you think.
  • Never text and drive.

Uninsured motorists are another huge problem, and we posted a graphic below from the Insurance Information Institute. Don’t assume that if someone hits your car that you can just “collect from their insurance company.” Over 1/4 of Florida drivers have no insurance! Keep this in mind when you review your own coverage. Uninsured Motorist (UM) coverage is available but there are different types and it’s important to ask your insurance company or agent to explain the variations, cost, and benefits of each.

The bottom line is, please make sure you have good insurance coverage and drive responsibly. Working together we can get Florida off those two lists and save lives in the process.

If you have questions after being involved in an accident and you’re not getting straight answers, that’s what we do. Lazarus and Lazarus has been helping victims of automobile, motorcycle, and truck accidents for over 20 years. We have developed an excellent reputation for getting great results for our clients, and we’ll work hard to do the same for you. Call us at 954-356-0006 for a free consultation.

• Lazarus July 2018 & Lazarus

 

How Long Does a Personal Injury Lawsuit Take? Fort Lauderdale Accident Attorneys

When you are hurt in an automobile, truck, or motorcycle accident you may suffer injuries that are serious enough to alter your life in a dramatic way. People are often unable to work after an accident, it’s difficult to pay medical bills and household expenses and they need relief immediately. Creditors, mortgage companies, and landlords expect to be paid and they are not concerned about your misfortune.Fort Lauderdale Personal Injury Attorney

If you are involved in an accident that was not your fault it seems reasonable that you should receive compensation for lost time from work, pain, injuries, and damages to your vehicle immediately. But, that’s not usually the case. So, what can you do?

There are many options, and each one is going to depend on the specifics of the case. The first thing to do is to seek out an experienced attorney who has a history of helping people in these situation and who gets results.

Your attorney will examine every detail related to the case, including physical injuries, property damage, and insurance coverage. Often insurance companies don’t want to pay and we have to be persistent. The process must move expeditiously because time is money and we will not stand by while our client is in financial or physical distress. A qualified attorney will understand that your need for justice is first and foremost, but that speed is also very, very important. Many people will face financial hardships while everything is sorted out and they may turn to borrowing money to cover their bills. When this happens some victims may consider personal loans, using their credit cards to live on, or even a lawsuit loan.

Lawsuit Loans – A lawsuit loan (also called a lawsuit cash advance, litigation financing, lawsuit funding, and settlement funding) is a cash advance against a future lawsuit judgment or settlement award. You will want to move very carefully before you choose lawsuit funding. Borrowing against a future settlement or judgment can help you deal with short-term financial hurdles but may cost you a lot in the long run.

Once again, the best thing to do is obtain advice from a professional who has dealt with these situations over a period of many years.

One of the first things we do at Lazarus & Lazarus is establish expectations. We lay out in plain talk what the case looks like and what our clients can expect in terms of our performance, and we write down a timetable for each case. We have learned that it’s wrong to raise expectations by making unrealistic promises. On the other hand, we work very hard to build a solid and strong case for every client so that it has the best chance to establish the truth and get the results and compensation that are appropriate.

Reaching out to us is easy, just call 954-356-0006 and we’ll be happy to set up a confidential consultation.