| Gary T. Lazarus | 0 Comments | HOSPITAL NEGLIGENCE, MEDICAL MALPRACTICE, PHARMACEUTICAL NELIGENCE, Uncategorized

South Florida Hospital Sued for Malpractice for Brain Damage to Baby

St. Mary’s Medical Center in West Palm Beach, Florida is being sued by a pregnant woman for injuries her baby suffered when the hospital mistakenly gave the woman a drug which speeds up labor. The Miami Herald reports that the woman, Tesome Sampson, gave birth two months early and her baby suffered brain damage as a result of the drug. She and baby’s father, Frank Guy, filed suit for negligence against the hospital, its owner Tenet Healthcare, and other hospital personnel, claiming $3.5 million in medical costs.

In the hospital’s statement, it apologized and acknowledged that Sampson was given the wrong medication, and that the mistake was “an unfortunate error”. The drug, Prostin E2, has been approved by the FDA , and is commonly used for the termination of pregnancies and expelling uterine contents, and can be used to induce labor.

Sampson was admitted to the hospital on August 25, 2008, 24 weeks pregnant. She was put on bed rest, but ten days later was given the wrong drug and suffered severe cramps. Sampson was given a portable toilet, where the baby was delivered.

Hospitals are not impervious to error. In 1999, an Institute of Medicine study found that about 98,000 people die every year from medical errors. These errors can be attributed to a number of factors such as miscommunication or failure of communication between hospital personnel and inefficient safety systems. Human error also plays a part, sometimes due to hospital staff work long hours.

However, the consequences of such mistakes can be life-altering, or even lead to death. Our firm has handled cases such as this where a careless error, one that could have been easily avoided, has taken the most precious of life away- a child. Furthermore, medical errors can attribute to millions of dollars spent on additional care needed to treat medical errors, rehabilitative treatment, increased medical malpractice insurance costs, and litigation expenses. Hospitals must do their part at all levels of administration to implement appropriate measures to ensure safety of their patients.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, CELL PHONE USE, Uncategorized

Broward County Auto Accident Puts Eight in Hospital

On Wednesday, August 20, the Sun Sentinel reported an auto accident that occurred in Hallandale Beach, where eight people, including two children ages 3 and 7, were sent to the hospital after a three –car collision on Pembroke Road, about 1 block east of I-95. The accident occurred at about 3:30 in the afternoon.

The driver, a man in his 70s, was taken to Memorial Regional Hospital in Hollywood in serious condition. The accident occurred when the driver, heading west on Pembroke Road, crossed into the eastbound lane, crashed into a Lexus, then crashed head-on into a pick-up truck. The cause of the accident is still unknown.

According to the Florida Highway Safety and Motor Vehicles Traffic Crash Statistics Report 2008, the state of Florida had 243,342 traffic crashes last year, down about 5% from 2007. The report shows that Broward County had a total of 26,417 traffic accidents in 2008, with the greatest concentration of accidents on a weekday occurring after noon, between the hours of 3 p.m. and 5 p.m.

Broward County was second only to Miami-Dade in total crashes last year. The risks associated with driving increase in larger metropolitan cities, such as Ft. Lauderdale and Miami. Modern-day distractions (cell phones, mp3 players, etc.) and other factors, such as alcohol/drug abuse, poor vision, and aggressive driving all add to the danger. We have recently written about the issue of cell phone use and driving in a previous article “Does Cell Phone Use cause Florida Car Accidents?” It is clear that cell phone use while operating a motor vehicle can cause drivers to be distracted and distracted drivers can cause accidents.

We all need to make a conscious effort to be safer drivers. Our lives and the lives of our friends and families depend upon it. The Florida Safety Council is one of many great sources of information for tips on driver safety. By knowing the facts and being informed, drivers of all ages can get a better understanding and take more preventative measures to ensure the safety of themselves and others.

| Gary T. Lazarus | 0 Comments | PRODUCT SAFETY, Uncategorized

Mouthwashes with Alcohol Could Increase Risk of Cancer

A University of MelbourneStudy found that use of mouthwash containing alcohol could increase the risk of oral cancer. Professor Michael McCullough and co-author Dr. Camile Farah concluded that there is now sufficient evidence to prove that ethanol in mouthwash allows cancer-causing substances to permeate the lining of the mouth.

The Study involved 3,210 people, which found that daily mouthwash use was a significant risk factor for head and neck cancer-whether or not they used alcohol or tobacco. The effects of mouthwash were worst in smokers, who saw a 900% increased risk of oral cancer. Those who consumed alcohol saw a 500% increase.

On cue, a spokesperson for Johnson & Johnson Ltd. UK, the manufacturer of the popular “Listerine” brand stated: “There is no scientific evidence to support an association between the use of alcohol-containing mouthwashes, such as Listerine, and an increased risk of oral cancer.” As always, our position is to avoid panic, but err on the side of caution and seek out an alcohol free mouthwash at a health food store.

Although there is no way to definitively confirm the results of this new study, one thing is certain. Historically, the larger multi-national corporations that operate throughout the globe have a history of denial and cover-up when the safety of their products has been questioned. Their enormous wealth allows them to finance opposing scientific studies, some of which the corporations author themselves. They will then pay for the signature of a so-called expert, who decides to compromise their principles to chase the almighty dollar, or at least, the currency of their liking.

Erring on the side of caution can never be opposed, even by the most skeptical of critics.

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

Hormone Replacement Therapy (HRT) can Shrink the Brain

The Journal of Neurology has reported that common forms of Hormone Replacement Therapy (HRT) can shrink the brains of post-menopausal women. Researchers performed brain scans on 1,400 women aged 71 to 89 who participated in the Women’s Health Initiative, A major American Study.

The Study found that women who were being administered HRT had smaller brain volumes in two key areas than those given a placebo. Brain volume was lower in the frontal lobe and in the hippocampus. Both of these areas of the brain contribute to thinking and memory skills. Shrinkage of the hippocampus is a known risk factor for dementia.

This Study was ironically renowned for finding a link between long term HRT use and increased stroke risk. The question that must be examined is whether the Pharmaceutical Industry is going to continue to be allowed to obtain approval of their products without greater scrutiny.

The conventional wisdom is that the American F.D.A., which regulates the Pharmaceutical Industry, has the most stringent and arduous approval process on the planet. However, conventional wisdom appears to be nothing more than American Corporate propaganda as the overwhelming number of drugs that have been recalled or that have caused significant health problems has been staggering over the past ten years.

Too, often, we learn of the politicizing of the F.D.A., which is given its marching orders to treat the pharmaceutical industry with kid gloves. Former industry personnel end up working for the agency that is supposed to regulate the very same industry they just left, and are going to return to after this government stint.

We are supposed to have a government for the people, not for the corporations. Hopefully, the pendulum will be shifting back.

| lazaruslaw-2 | 0 Comments | INSURANCE COVERAGE, MEDICAL MALPRACTICE, Uncategorized

Medical Malpractice and Uninsured Florida Doctors

Were you aware that pursuant to Florida law doctors are allowed to treat patients in our state without any insurance coverage? Not only are they allowed to do so but they have been allowed to go without malpractice coverage for decades. As a result, the following percentage of doctors opt out of medical malpractice coverage:

• 1/4 of the doctors in Broward and Palm Beach Counties;
• 1/3 of the doctors in Miami; and
• 1/8 of the doctors statewide.

Florida law states that doctors can go uninsured if they post signs in their offices and promise to pay up to $250,000 per malpractice award, with a maximum of $750,000 per year. Their penalty for not paying pursuant to statute is revocation of their medical license.

Ultimately, the victim’s desire is twofold; to ensure that what happened to them doesn’t happen to someone else in the future and to be compensated for the severe injuries that they have sustained at the hands of a doctor who rendered care that substantially deviated from the professional standards. Although revocation of the at fault doctor’s license is a remedy that is warranted in some instances; the amount of compensation mandated by the Florida legislature doesn’t begin to cover the damages of a catastrophic injury caused by medical malpractice.

This practice has left patients with valid malpractice claims unable to retain counsel to represent them in claims against these uninsured doctors and obtain financial compensation for their injuries. As a result, malpractice victims are less likely to sue doctors who don’t carry insurance and are paying the highest price of all…loss of their health, loss of their ability to earn a living, loss of their quality of life…all due to the malpractice of a doctor who is uninsured.

It’s amazing to believe, but despite the fact that medical doctors are allowed to practice without insurance coverage, Florida does require the following medical professions to obtain malpractice insurance: chiropractors, podiatrists, midwives, some nurses, acupuncturists and optometrists. Where is the logic in this?

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, INSURANCE COVERAGE, Uncategorized

South Florida Citizens To Be Charged Fees For Automobile Accidents

In a misguided attempt to find other sources of revenue, cities throughout South Florida are actually considering charging a fee to those citizens who are involved in auto accidents within their city limits. This month, the town of Davie will likely vote whether to bill non-residents who are involved in automobile accidents in their city.

The Florida Sun Sentinel reports that Davie is defending the fee as “a way of recouping tax dollars that are spent on non-residents”, town spokesman Braulio Rosa said. Davie is considering an average charge of $840.00. Miramar, Plantation and Southwest Ranches are still undecided as to what to charge, if anything, and under what circumstances.

There are those that are worried that this will start a fee war between the cities. The city of Weston has already threatened to respond by passing a similar ordinance if their residents are charged. The American Civil Liberties Union may challenge these ordinances on constitutional grounds. Brandon Herslan, a spokesman for the ACLU of Florida, stated that by singling out non-residents, proposals being considered in Davie and Miramar “raise questions about equal and fair treatment of citizens” and could spur lawsuits.

The cities are responding by saying they will bill the driver’s insurance companies. Michael Connolly, a spokesman for State Farm Insurance, the state’s largest private insurer, responded by saying automobile insurance premiums will rise.

This issue represents a microcosm of the problems that have been caused by the cuts in our state’s budget. These cuts have left local governments in a desperate search to make up the lost funds that they were once receiving from the state. Compounding this problem is the decrease in the local tax base caused by the pop of the real estate bubble and the significant increase in foreclosures.

However, by creating these quasi tax schemes, the citizens of all cities are the ones that are harmed. With the state and national economy causing widespread problems for everyone, it is time for the cities to slash even more fat out of their budgets.

Cities should retain independent companies to analyze their budgets and recommend reasonable cuts that will force the cities to operate more efficiently. Disparate tax schemes, like the one discussed in this article, are not the answer and may in fact be unconstitutional depending on how they are framed.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, CELL PHONE USE, Uncategorized

Does Cell Phone Use Cause Florida Car Accidents?

Where do you stand on this issue? It seems wherever you go, people are on their cell phone even while driving their cars. This has caused many to wonder whether cell phone use should be permitted while operating a motor vehicle. There are three sides to this issue:
1. A ban on cell phone use by drivers due to the fact that many Florida car accidents happen when a driver is distracted while talking on the phone.
2. No ban on cell phone use due to the opinion that it is possible to drive safely while speaking on a phone and no one should dictate that drivers should not be able to talk and drive.
3. A compromise – allow cell phone use only with a hands-free headset or ear piece.

Earlier this year bills were introduced by Florida Legislators which were aimed at reducing cell phone calls in moving cars, none were passed. One bill was aimed at banning all Florida drivers from sending a call, texting, dialing, listening or speaking on a wireless device without a hands-free device. Another would have banned teen drivers from driving and talking on hand-held devices.

We have found in our practice that there are more and more accidents that are caused by drivers who are on there cell phones and there are statistics that do seem to suggest that legislation is needed. The leading cause of fatalities for teenagers and drivers in their 20’s and 30’s reported by the CDC are car accidents. In addition, it is well known that car accidents also cause many serious injuries to drivers and passengers. The following studies have found a link between fatalities and injuries in vehicular accidents and cell phone use by the drivers:
1. In 2002, the Harvard Center for Risk Analysis study, found that about 2,600 fatalities each year are caused by drivers who are distracted by cell phones at the time of an accident.
2. The California Highway Patrol also conducted their own research in 2001 and found that during a nine month period 4,699 car crashes were linked to drivers distracted by their cell phones.
3. Another study conducted by the University of Utah found that drivers using cell phones had the same response times as drunk drivers. The drivers using cell phones, the research revealed, were 9% slower to brake and 19% slower to return to normal driving speeds.

It’s almost impossible to believe that our Florida legislature decided five years ago to make it illegal for local jurisdictions to ban cell phones. The studies listed and data from our own Florida Department of Highway Safety and Motor Vehicles reveal that in 2006, 26 car accident fatalities and 1,364 car accident injuries in Florida involved driver distractions. We all need to let our legislature know that the citizens of Florida want their streets and highways to be safer and legislation that limits the use of cell phones while operating a motor vehicle will help to accomplish that goal. This is not about convenience or taking away our rights, it is about saving lives that are needlessly cut short as a result of drivers who are unnecessarily distracted while operating a vehicle.

| Gary T. Lazarus | 0 Comments | CELL PHONE USE, Uncategorized

Do Cell Phones Cause Cancer?

On July 23, 2008, the head of a prominent cancer research institute issued a stunning warning to his faculty and staff:

Limit Cell Phone Use because of the possible risk of cancer.

The director of the University of Pittsburgh Cancer Institute, Dr. Ronald B. Herberman, is convinced that while the date is still equivocal and incomplete, there is enough evidence of a possible link between cell phone use and cancer.

Dr. Herberman has concluded that it often takes too long to get answers from science and rather than wait for a definitive study to come out, it is better to err on the side of caution, especially when it comes to children. Studies have proven that children’s developing brains are more susceptible to electromagnetic waves, which penetrate deeper into a child’s brain. Because of this, Dr. Herberman has recommended to parents that children should use cell phones only for emergencies.

He also recommends that adults should keep the phone away from their head and use the speakerphone or a wireless headset. We have been recommending to our clients that they purchase devices that limit the radiation emitted trough cell phones. These devices are often the size of a penny, fit over the cell phone ear piece and reduce radiation by as much as 97 percent. There are several companies that sell these devices and one that we recommend that you go to is www.waveshield.com. (No one associated with our law firm has any relationship, financial or otherwise with anyone associated with these companies that sell these devices.)

This article will not discuss the number of studies that have found no link between cell phone use and cancer. While we acknowledge that these studies exist, some of them are not recent and they appear to run contrary to an international trend over the last several years where cancer researchers in several foreign nations have also found a link between cell phone use and cancer. In fact, many of these countries have already issued warnings similar to Dr. Herberman.

The point of this latest warning and this article is it is the first credible finding by a renowned American Cancer Institute and it merely concludes that while the data is inconclusive, it is better to err on the side of caution and use all safety remedies at your disposal. No one, in their right mind, who does not have an agenda, can argue with the logic in this warning. We are not, and I repeat, NOT attempting to procure litigation cases against the Cell Phone Industry and their various companies. We are merely using this opportunity to educate our friends and neighbors and advise them to exercise caution, especially when it comes to their beautiful children.

| lazaruslaw-2 | 0 Comments | HOSPITAL NEGLIGENCE, MEDICAL MALPRACTICE, Uncategorized

South Florida Hospitals Fined for Lack of Specialists in ER Care.

In 2006 Palms West Hospital and St. Mary’s Medical Center failed to appropriately treat a child who was bleeding into the brain after being hit by a softball. As a direct result, the State of Florida has fined both St. Mary’s and Palm West Hospital hospitals and they have agreed to pay a combined meager $17,500.00 to the state. Although the settlement is a minor expense to the parent companies of Palms West and St. Mary’s, it is the largest state penalties levied against any hospital in this area over the past two years. In addition, both hospitals have changed how their emergency rooms handle emergency patients due to this and other incidents in which the hospitals failed to provide specialists in local emergency rooms.

After a thorough investigation of the incident, state inspectors fined St. Mary’s for their failure to adequately document how it handles emergency transfers from other hospitals. St. Mary’s was also was fined for their failure to provide emergency neurology services. (This was the type of specialist that was needed to render the proper treatment to the child at issue in this investigation.)

Several other local hospitals have been cited over the past five years for similar problems. In addition to fines and citations levied by the state, these patients and their families may be entitled to compensation for their injuries and /or death. Recently, another case of note is that of a Boca Raton woman who died after two hospital’s emergency rooms, West Boca Medical Center and Delray Medical Center were unable to find a neurosurgeon to render treatment to her following her stroke. Her family filed a medical malpractice suit and has received almost $2 million in a settlement.

It is clear that pursuant to state and federal “patient dumping” laws, hospitals that offer a specific service to insured and self-pay patients, also must offer the service for emergency patients. The reasoning behind this law is that hospitals that benefit financially from offering these specialists to their elective patients cannot refuse to provide them to their emergency room patients, some of whom may lack insurance coverage. This law prevents patients from being “dumped” onto other hospitals due to lack of insurance.

Lack of insurance should not determine the quality of care one receives when they are in need of emergent care in the hospital. Patients with severe and life threatening inures do not have luxury of time to shop around for the hospital that will have the necessary specialists to treat them with the degree of competence they deserve. If a patient who electively chooses a hospital for the high quality of their doctors can seek a specialist’s services, then an Emergency room patient in that same hospital should have the same right to be treated by the same high quality specialist. The practice of transferring ER patients to other hospitals at the expense of that patient’s well-being is morally repugnant and can not be justified by payment issues. This is emergent care- in many cases these patients must be attended to quickly in order to save their lives. Every second counts…their life depends on it.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, BICYCLE ACCIDENTS, MOTORCYCLE ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Florida Personal Injury Checklist

You are driving down the road in Broward County, wearing your seatbelt and obeying all traffic signals and laws. The last thing you thought would happen is a car running a red light and striking your vehicle at the intersection. You advise the Officer at the scene of your statement and the other driver is cited at fault for the accident. You are injured so you go to the ER. You are waiting to be seen and so many things are running through your mind…am I going to be OK…what about my car…how am I going to get to work…etc… These are questions our South Florida firm answers everyday when we speak with our prospective clients for the first time. In an effort to help our prospective clients we have compiled a checklist of sorts that can be used by anyone who is injured in an accident in the State of Florida.

1. Be truthful to everyone about any physical limitation you now have. In order for your doctors and attorney to help you with your case we need to know about all of your symptoms.

2. Don’t accept a check or sign a release from an insurance company for your property damage claim unless you are sure you know exactly what it covers. Sometimes insurance companies will attempt to get you to release “any and all claims” – including your personal injury claim when you are only settling your claim for property damage. Please check with your attorney if you’re not sure.

3. Do not hide past accidents or injuries from your lawyer. Insurance companies have access to accident information in a central database, so the other insurance company will more than likely find out about your prior medical history and accident.

4. We find that it is extremely helpful when clients keep a record of how they feel. A diary is an excellent way to organize this information. The diary should contain notes of their doctor and therapy appointments, medications, and inability to work and enjoy any of the activities that were enjoyed and participated in before the accident. In real life there are few “cant’s” after an accident. Most people recover the ability to perform most activities, unless they are bedridden. But generally, if they have limitations, it’s because they can’t do the activity as long, as hard, or as strongly as they used to. A diary which reflects these limitations is important to your injury case because they can really show the adjuster how you have been affected on a daily basis as a result of the accident.

5. Do not try and deal with pain. See a doctor or go to the ER immediately after your accident. Tell your doctor everything: about how the accident occurred, and advise him or her of any past accidents or medical conditions.

6. Video cameras can be hidden anywhere. You may not know you are being videotaped and it could be at anytime or in any place. We have seen this many times. You will lose all credibility if you claim you cannot perform a certain way and then are caught “on tape” doing those exact things or something similar. If you are honest and truthful about your injuries and limitations this invasion of your privacy will only bolster your case. Go on as usual if you see someone following you and let them record for all to see how your injuries have affected your ability to perform your normal everyday functions. This will be your best evidence.

These are just a few of the things we routinely go over with our clients so they can be educated on what they can do to help us to obtain the maximum recovery possible for their individual case. Insurance companies are for profit businesses and in order for us to obtain fair, speedy and just compensation to persons injured through the fault of another (the insurance company’s policyholder) we have to do everything we can do to present a case in the light most favorable to our clients and convince the Insurance Companies that our clients are entitled to be paid a fair, speedy and just settlement as a result of their insured’s negligence. If you want to read more about what not to do after you are in an accident you can read an article in our blog : “Florida Auto Accidents: The Mistakes People Make” dated June 26, 2008.