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

Negligent Security – ATM Safety

You’re on the way out for the evening, speaking to your friend as you drive: “I’ll just pop by the ATM and grab some cash.” You pull up to your bank and park in front, jump out of the car and leave the motor running. “Should I pull out $200 or $300?” you ask your friend. You’re in a hurry so you grab the cash and leave the receipt sticking out of the machine, dashing back to the car.

Several mistakes were made in this scenario, mistakes that may have opened the door to a serious crime. Every day there are stories like this in the news:

Bonita Springs – Southwest Florida Crime Stoppers is trying to identify the suspect who robbed a woman after she withdrew cash from a Bonita Springs ATM.
According to detectives, the victim withdrew $200 at the Suncoast School Credit Union ATM on Chamber of Commerce Drive shortly after 2:30 p.m. on January 10th.

As the victim walked back to her car, an unknown man grabbed the money from her hands and ran to a gray Toyota or Honda waiting nearby. A witness to the crime chased after the suspect, but eventually lost him after he sped off behind the shopping center.

People assume that because ATMs have security cameras and there are guards inside the bank, they are safe. This is not necessarily so.

Read more “Negligent Security – ATM Safety”

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

Pharmacists Duty of Care in Florida

The responsibilities of a pharmacist are being better defined in courts across the country, particularly in Florida. A recent court decision bolstered the fact that a pharmacist is more than an order taker, he or she has a duty to understand the patient and the drugs being prescribed by a physician.

On Feb. 6, the Florida Court of Appeal, 5th District, concluded that the pharmacy could be held liable for failing to inquire into why the patient’s doctor had been repeatedly prescribing drugs before the preceding prescriptions had been depleted.

The ruling stated, in part, “…a pharmacist’s duty to use due and proper care in filling a prescription extends beyond simply following the prescribing physician’s direction.”

Today’s pharmacies are high-volume businesses with pharmacists and pharmacy techs working to fill thousands of medication orders every day, so it’s not surprising to find that mistakes are made. The pharmacy involved in the case pertaining to this ruling happened to be an independent store, so it is possible for errors to occur in dispensaries large and small.

Some of the most common errors include:
• Dispensing the incorrect drug.
• Incorrect dose, dosage form, or quantity.
• Inappropriate, incorrect, or inadequate labeling.
• Confusing or inadequate directions for use.
• Inappropriate preparation, packaging.
• Improper storage of medication prior to dispensing.

Pharmacists are included in Florida Statute 766, which states, in part:
The term “health care providers” means physicians licensed under chapter 458, osteopathic physicians licensed under chapter 459, podiatric physicians licensed under chapter 461, optometrists licensed under chapter 463, dentists licensed under chapter 466, chiropractic physicians licensed under chapter 460, pharmacists licensed under chapter 465, or hospitals or ambulatory surgical centers licensed under chapter 395.

There are provisions for victims of pharmacy mistakes to be compensated, and this particular area of law is quite complex. If you or anyone you know believes they have been the victim of an error by a pharmacist or pharmacy it would be prudent to contact an experienced attorney who can listen to your story and investigate circumstances of your situation.

The Law Firm of Lazarus and Lazarus has earned an excellent reputation over many years for representing victims of pharmacy errors and obtaining reasonable and proper compensation for their damages, pain, and injuries. A call to their office in Fort Lauderdale at 954-356-0666 will put you in contact with Mr. Gary Lazarus or his law partner Ms. Arleen Lazarus.

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

Cruise Ship Crime Statistics and Crime Prevention

We live in an era of instant information. With a simple click we can instantly find a recipe for apple pie or learn Babe Ruth’s lifetime batting average. (It was .342)
In certain instances, like finding information about the cruise ship business, it is difficult to obtain accurate data. The global nature of their ownership and the fact that they operate in international waters makes it difficult.

The Law Firm of Lazarus and Lazarus has long been the leading legal resource in Florida for people who suffer injuries or loss due to negligence, or are victims of crimes committed aboard a cruise ship. Attorneys at Lazarus and Lazarus are experts in maritime & international law and have the experience to protect the rights of victims and seek compensation for damages in this complex legal arena.

Everyone knows the best medicine is preventive medicine, and that concept of prevention should pertain to crime as well. The website crimedoctor.com has prepared a common sense guide to Cruise Ship Security, and the main topics include:

• Beware of Your Luggage • Cabin Security • Stay in Public Areas • Have a Family Security Plan • Laws May Not Protect You

This is an excellent reference to read and follow if you are going on a cruise – the full text is here. Crime Doctor

Crime statistics for cruise ships are gathered by our own Coast Guard, and are as accurate as possible.

The Cruise Vessel Security and Safety Act (CVSSA) of 2010 prescribes security and safety requirements for most cruise ships that embark and disembark in the United States. The Act mandates that reports of criminal activity be reported to the Federal Bureau of Investigation. Per the Act, the U.S. Coast Guard is responsible for posting via internet portal cruise line reporting statistics provided by the Federal Bureau of Investigation.

U.S. Coast Guard crime reports are available here. US Coast Guard

Five sexual assault cases are quite disturbing, and note that only thefts over $10,000 are reported, so it seems reasonable to assume that many small thefts occur. Vigilance and common sense apply when preventing theft of personal property.

Overall, cruise ships are great places to take a vacation and we never intend to frighten people away from enjoying trips at sea. We are concerned about traveler safety, and this is why we are proud to be a resource for information that will keep passengers safe. Cruise ship owners and operators must make every effort to insure their vessels are safe.

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

Pharmacy Negligence in Florida

Florida Pharmacy Negligence AttorneysWhen it comes to medical malpractice, most people think only of lawsuits against doctors and hospitals accused of failing to provide proper care. A significant, but largely unrecognized, health care provider who plays a big role in ensuring or harming patients’ health is the pharmacist.

Most mistakes made by a pharmacy or by an individual pharmacist may be minor and cause little or no harm. Sometimes they are serious and cause severe, sometimes fatal consequences.

When these errors occur it is very important that the victim understands he or she has rights. Most often, errors that occur with regard to prescription medication are unintentional. Pharmacies are busy places, and the ever-expanding competition and number of drugs only makes errors more likely.

Florida Pharmacy Negligence Attorneys

With all of the possible places that a pharmacist might misstep, it is not surprising that pharmacy errors are a huge contributor to adverse health outcomes. Nearly 1.5 million Americans suffer from pharmacy medication errors each year and as we become more dependent on medications it is reasonable to believe those numbers will increase.

In Florida the number of pharmacies and pharmacists has kept pace with the explosive growth of population. Currently there are 19,324 registered pharmacies and 41,889 registered pharmacists. The population of Florida is currently about 19.5 million, so that is one pharmacist for every 465 people. Pharmacists in Florida are licensed and registered with the State, and you can verify a pharmacy or pharmacist online @ doh.state.fl.us

Lawsuits against negligent or irresponsible pharmacists are very specialized legal matters, and there are relatively few attorneys who handle these cases. The Law Firm of Lazarus and Lazarus has, for many years, successfully represented clients who have suffered prescription drug related damages.

What exactly is pharmacy malpractice, and how prevalent is it?

Pharmacists have a responsibility to make sure every patient receives the correct medications and is informed how to properly use the drugs. In many instances the pharmacist dispensing the medication is the only health care provider who has access to the patient’s complete treatment history, all the information on a drug’s potential side effects and interactions and access to the patient immediately before he or she takes the medication. That “last line of defense” role is especially important because pharmacists should be able to counsel and, when necessary, train patients on how to properly take the medication.

Negligence in Compounding Medications
While the days of pharmacists actually producing most of the medications you need are gone, some dosage forms can only be made in pharmacies. This is especially true for liquid medications, when pharmacists have to prepare I.V. bags or make an elixir out of drug that usually comes in pill or capsule form. Such reconstituting can be error-prone, and pharmacists who mix or compound medication incorrectly can be liable for negligence.

Negligence in Dispensing Medications
This is the case of the pharmacist simply handing you the wrong medication, the wrong dosage of the correct medication or the right drug with the wrong label containing incorrect instruction on when and how to take it.

Negligence in Supervision
Pharmacists in busy practices may rely on pharmacy technicians and assistants to fill prescription orders and hand drugs to patients. While those individuals have training, nothing can replace the knowledge and experience of a pharmacist, and they must be supervised at all times. Failure to provide adequate supervision to pharmacy staff can constitute negligence by a pharmacist.

If you or someone you know has been the victim of sickness, injury, or death because of a pharmacy or pharmacist mistake, you should contact the office of Gary and Arleen Lazarus, expert attorneys in this field. They can be reached at 954-356-0006

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

Near-Drowning Raises Cruise Ship Safety Concerns

A tragic near-drowning incident this past weekend aboard a Royal Caribbean cruise ship has left a 4-year-old boy in critical condition at a Fort Lauderdale, Florida hospital. While the event is still being investigated, it is important to note that most cruise ships do not have lifeguards on duty and that personal safety on a cruise ship is not guaranteed.

Unfortunately, this tragedy follows other drowning and near-drowning incidents which have occurred on cruise ships in recent years.

News reports are @ the Sun Sentinel and Miami Herald.

People on vacation at sea are understandably relaxed and looking forward to having fun. It is reasonable and proper for passengers to assume that a large cruise liner owned by a multi-billion-dollar corporation would place passenger safety above everything else, but that is not always the case. Media reports concerning accidents, crimes committed by passengers and crew, medical malpractice by ship medical staff, food poisoning, and illnesses caused by germs & viruses aboard cruise ships are common.

Forbes magazine reported in April, 2014 on 8 separate virus outbreaks aboard cruise ships in just 3 months. Market Watch published a list of “10 Things Cruise Lines Won’t Tell You” that may interest future cruise passengers. While we do not intend to frighten people who are considering a trip on a cruise ship, we are concerned about passenger rights and the major cruise line corporation’s commitment to and responsibility for safety.

Laws governing responsibility for incidents that occur at sea are complex and ever-changing, so there are not many lawyers who are experts in this area. International law, maritime law, U.S. laws, and local laws can combine to create a hodgepodge of different jurisdictions that would confuse almost anyone. The Law Firm of Lazarus and Lazarus has reserved and maintains a special part of their practice to represent and protect the rights of victims who suffer injury, harm, or death aboard cruise ships.

Passengers have a reasonable expectation to be safe when traveling on cruise ships. If you or someone you know has been injured or harmed in any way while on a cruise, it is important to understand that victims have rights. The attorneys at Lazarus and Lazarus have been handling these cases for many years, and they are available to listen to your story and take appropriate action when you contact them at 954-356-0006.

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

You May Delay, but Time Will Not – Time Limit Statutes

Statutes of Limitations – Personal Injury and Malpractice Cases
“You may delay, but time will not.” – Benjamin Franklin
Each state has different laws regarding the limitations on time for filing legal actions. Most of these are state statutes and are available online, but they are very complex and may leave even the brightest and most-educated reader bewildered and befuddled. Attempts to file an action after the expiration of time-limiting statutes are most likely doomed, so it’s very important to know and follow the law.

Chapter 95 of the State of Florida Statutes covers the “limitations of actions” and is an integral element of your case if you are the victim of someone else’s negligence or of professional malpractice.

The statute sets forth different time periods for different situations, for example:
Within Twenty Years: An action on a judgment or decree of a court of record in this state.
This means, for example, if you have a judgment against someone for money they owe you, you would be wise to enforce and collect before 20 years goes by. If not, the judgment is no longer valid.

Within Five Years: An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country.

The section that pertains to negligence states, in part:

Within Four Years: An action founded on negligence.

And the section covering professional malpractice states, in part:

Within Two Years: (a) An action for professional malpractice, other than medical malpractice, whether founded on contract or tort; provided that the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence. However, the limitation of actions herein for professional malpractice shall be limited to persons in privity with the professional. And (b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. The entire statute is here: Florida Statute 95

To a non-attorney, this is can be confusing. The critical lesson here is that if you have been the victim of negligence or professional malpractice it is important to have consulted with an attorney who understands and practices the pertaining statutes on a daily basis and who has a successful track record.

The Law firm of Lazarus and Lazarus has been successfully representing clients who are victims of negligence by others. Gary and Arleen Lazarus are eminently qualified to deal with your case in a professional and timely manner. They may be reached by calling 954-356-0006.

| 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