http://www.TampaInjuryLawBlog.com/ Tampa Personal Injury Attorney Blog en Copyright 2010 Sun, 31 Jan 2010 10:40:23 -0500 http://www.sixapart.com/movabletype/ http://blogs.law.harvard.edu/tech/rss pharmacy prescription misfill occurs when the pharmacist fills a prescription with the wrong medicine. Sometimes the misfill can cause personal injury or death. When this occurs, the victim and or the victim's family should consult a personal injury attorney to decide whether it makes sense to file a personal injury lawsuit. Recently, A Pharmacy misfill attorney brought suit on behalf of Reva Tosh and her husband, Gerald Tosh, against Rite Aid pharmacy in Montgomery, Alabama. According an article published January 27, 2010 in the Montgomery Advertiser Riva Tosh took her prescription for pain medicine to the Rite Aid to be filled. The prescription misfill occurred when the Rite Aid pharmacy filled the prescription with a steroid called dexamethasone, a steroid used in cancer treatment. The medicine was given in a dose seven times the normal dose. Mrs. Josh took it for 28 days before the prescription misfill was discovered. The main issue at trial was whether Mrs. Josh's Cushing Syndrome, a disorder that caused her to have mental and physical problems was caused by the Rite Aid prescription misfill. The jury apparently believed that it did. The jury awarded Mrs. Josh 2 million dollars for her damages and awarded her husband $500,000.00 for loss of his wife's companionship. ]]> http://www.TampaInjuryLawBlog.com/2010/01/rite_aid_misfill_prescription.html http://www.TampaInjuryLawBlog.com/2010/01/rite_aid_misfill_prescription.html Medication Errors Pharmacy Mistakes Sun, 31 Jan 2010 10:40:23 -0500 2009->Ch0768->Section%2016#0768.16">Florida Wrongful Death Act. Under the Florida statute, when a person dies as a result of someone else's negligence, the pain and suffering of the person involved in the fatal accident is not recoverable. Instead, the Wrongful Death Statute creates a claim on behalf of the Estate of the person that died and the person's survivors. The damages recoverable are described in Section 768.21 Florida Statutes. The Estate of the person that died is entitled to damages for the economic losses of the Estate. Those losses include funeral expenses, medical bills caused by the death, and the amount of net income the decedent would have saved over his or her lifetime. Certain survivors of the person involved in the fatal accident are also entitled to damages. For example, a surviving spouse may recover for loss of the decedent's companionship and protection and for mental pain and suffering. Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. If the decedent was an adult without children or a spouse, then each parent of the adult child may recover for mental pain and suffering. If the decedent was a minor that was not married, the parents also may recover for mental pain and suffering. Not all of the above damages are available in every case. Therefore, a Florida wrongful death lawyer will interview the family and friends of the person that died. The attorney will then compare the information obtained from the interviews with the damages allowed under the wrongful death statute to determine what damages are recoverable in a particular case. ]]> http://www.TampaInjuryLawBlog.com/2010/01/a_wrongful_death_lawsuit_allow.html http://www.TampaInjuryLawBlog.com/2010/01/a_wrongful_death_lawsuit_allow.html Wrongful Death Mon, 11 Jan 2010 10:19:46 -0500 the New York Times, many of these work zone car accidents, motorcycle accidents, and truck accidents might have been avoided if better safety measures were utilized by the construction companies involved. The article does an excellent job of detailing the various types of hazards that pose a risk to drivers including failures to deploy warning signs, improper traffic lane markings, barriers placed in the wrong position, and drop offs between lanes. It also describes a lack of Uniform National Safety Standards that would definitely save lives if they were put into place. Personal injury lawsuits brought in the wake of highway and roadway work zone tragedies hold wrongdoers accountable, clarify the cause of the accidents, and compensate victims. They also play a role in encouraging contractors to implement safety measures so they can avoid personal injury lawsuits in the future. ]]> http://www.TampaInjuryLawBlog.com/2009/12/roadway_work_zones_are_dangero.html http://www.TampaInjuryLawBlog.com/2009/12/roadway_work_zones_are_dangero.html Automobile Accidents Motorcycle Accidents Truck Accidents Tue, 22 Dec 2009 10:28:35 -0500 medication error lawyer, I have seen first hand how these mistakes cause injury. Apparently, the new FDA Commissioner, Margaret Hamburg M.D. has decided to try and do something about. On November 4, 2009, she announced the "FDA's Safe Use Initiative" to reduce preventable harm from medications. Details of the initiative are outlined in a special FDA report. Highlights of the initiative include the agency seeking input form the healthcare community, patient groups, and other interested stakeholders to identify the most serious mediation error problems and solutions to those problems. As part of the process the FDA will hold a series of public hearings over the next 12 months to seek input. As problems are identified appropriate interventions will be announced. To read more about the program, follow the link to an article written by Mathew Perrone of the Associated Press ]]> http://www.TampaInjuryLawBlog.com/2009/11/fda_to_address_medication_erro.html http://www.TampaInjuryLawBlog.com/2009/11/fda_to_address_medication_erro.html Medication Errors Sat, 07 Nov 2009 13:49:16 -0500 Florida nursing home abuse lawyers selection process into an Achilles heal. The personal injury attorney selection process is based on two components. First, the attorney must determine if the case has merit. Second, the attorney must determine if the wrongdoer is judgment proof. In a previous post, I discussed the fact that Some Florida nursing home chains have figured out they can discourage Florida nursing home abuse attorneys from pursuing a case against them by making it very difficult to collect a personal injury judgment. In this post, I discuss how it is done. Although each Florida nursing home chain is set up somewhat differently, the basic concept is the same. The first step is to separate all the corporate assets into different companies. One company owns the license to operate the facility, one company owns the property, one company provides management services, and one company does the accounting. The next step is to ensure that only the company that owns the license provides patient care. This company will own nothing of value and have the obligation of paying all the employees. Payments for the provision of patient care are paid to this corporation. Any money left over each month after paying the employees is immediately siphoned off by the other corporations as charges for services. The process makes the company that holds the license unable to pay a judgment. If the corporations that do not hold the license are sued, their attorneys claim they are not responsible for nursing home neglect because they are not involved in patient care. Unfortunately, Florida judges often agree. The final step in the process is to purchase very little if any liability insurance. The lack of liability insurance means any payment for injuries or death caused by abuse or neglect must come out of the corporate assets. The complicated corporate structure makes it difficult to hold any of the companies other than the license holder responsible. The fact that the license holder has no real assets coupled with all of the above discourages most Florida personal injury attorneys from bringing claims. ]]> http://www.TampaInjuryLawBlog.com/2009/10/how_some_florida_nursing_homes.html http://www.TampaInjuryLawBlog.com/2009/10/how_some_florida_nursing_homes.html Nursing Home Neglect And Abuse Sun, 25 Oct 2009 21:34:44 -0500 Florida nursing home abuse lawyers attempting to hold them accountable for injury, neglect, abuse and death that occurs in their nursing home facilities. Charles Elmore, a writer for the Palm Beach Post has done an excellent job at exposing one form of the corporate shell game that goes on involving nonprofit corporations. In his article entitled "Post investigation: Nursing home CEO pulls in hefty pay, patients' families frustrated", he details what appears to be the extravagant siphoning of money by top corporate family executives in one Florida nonprofit nursing home chain that has been cited by regulators for substandard nursing home care. Charles Elmore's article focuses on the Okeechobee Council on Aging Inc. and the Council on Aging of Florida Inc which apparently own nursing homes in Pahokee, Gainesville, and Bradenton Florida. Unfortunately, the type of corporate wrongdoing that he alleges occurred in this case is very common in Florida nursing homes. In this case, the vehicle used was the nonprofit corporation. In other cases, the vehicle used is the limited liability company or LLC. Regardless of the corporate form, the result is always the same. A complicated structure of interlocking corporations is used to siphon money away from nursing home patient care and into the hands of the individuals that are pulling the strings. The complicated corporate structure insulates the wrongdoers at the top from responsibility for the injury, neglect, abuse, and death that occurs in the nursing homes while simultaneously protecting the corporate assets from judgments and collection efforts by Florida nursing home neglect attorneys. In fact, the insulation is so complete that most of them do not even bother to obtain liability insurance. Often the wrongdoers are never held accountable for diverting money that should be used for nursing home patient care into their pockets. Accountability is avoided because of the way the law allows nursing home operators to layer interlocking corporations. I will discuss the interlocking structures in the next post. ]]> http://www.TampaInjuryLawBlog.com/2009/10/florida_has_become_a_heaven.html http://www.TampaInjuryLawBlog.com/2009/10/florida_has_become_a_heaven.html Corporate Responsibility Nursing Home Neglect And Abuse Wed, 21 Oct 2009 09:15:37 -0500 Florida personal injury accidents to give a recorded statement. There are times when it makes sense to do so. There are also times when a recorded statement should not be given. Click on this link regarding giving a recorded statement in a Florida personal injury case to watch a video I prepared discussing the subject.]]> http://www.TampaInjuryLawBlog.com/2009/10/when_to_give_a_recorded_statem.html http://www.TampaInjuryLawBlog.com/2009/10/when_to_give_a_recorded_statem.html Personal Injury Mon, 19 Oct 2009 21:36:19 -0500 lawyer that handles Lakeland car accident injury cases, I see first hand tragedies like the recent death of an improperly restrained 11 month old girl traveling on US 27 in Davenport. Gary White has done an excellent job of bringing attention to this important issue in an article posted in the Lakeland Ledger. In the article, he identifies the Lakeland and Polk county Florida area resources available to help parents learn how to properly use child seat restraints. He also does a very good job of pointing the statistics on the subject.]]> http://www.TampaInjuryLawBlog.com/2009/10/child_car_accident_safety_tips.html http://www.TampaInjuryLawBlog.com/2009/10/child_car_accident_safety_tips.html Automobile Accidents Sat, 17 Oct 2009 11:43:21 -0500 Associated Press Article published in the New York Times, Walgreens pharmacy sales were up 4.5 percent for the quarter over last year. There was no mention in the article about whether pharmacy errors were also up. That is because there is no National requirement to report them. Only the pharmacies themselves really know the statistics on how many prescriptions are misfilled and how many lead to injuries. Some have suggested the error rate is about 3 percent. However, one thing is clear, prescription mistakes continue to happen. Alison Young of the Atlanta Constitution recently wrote an enlightening article on the subject. In the article she describes the personal stories of several consumers that recieved the wrong medicine or wrong dose of medicine. She pointed out that CVS, Rite Aid, Kmart and Kroger, the leading pharmacy chains in Georga, have issued statements saying that safety is their top priority and that they all have systems to ensure prescription accuracy. ]]> http://www.TampaInjuryLawBlog.com/2009/10/prescription_errors_continue_t.html http://www.TampaInjuryLawBlog.com/2009/10/prescription_errors_continue_t.html Medication Errors Pharmacy Mistakes Sun, 04 Oct 2009 08:26:28 -0500 Federal Motor Carrier Safety Administration. Her record on automobile safety issues is mixed. While head of Maryland's motor vehicle agency from 1997 to 2003 she was involved in implementing a graduated licensing system for new drivers and an ignition interlock program for drunk drivers. On the other hand, from 2003 until her nomination, she was President of the Maryland affiliate of the American Trucking Association where she spent her time lobbying on behalf of the trucking Industry. Some say her time tenure with the American trucking Association was spent supporting the trucking industry's efforts to undermine policies and programs needed to protect the public from dangerous industry practices. Ms Ferro's nomination sparked a debate at the time over whether she was the right person for the job. Askthetrucker.com has done an excellent job of documenting the debate as it unfolded. Ms. Ferro's confirmation hearings began on September 23, 2009. The process has reignited the controvesy. For example, a recent New York Times Editorial column was very critical of the appointment. For the most recent discussion, go to William Cassidy's post at the Journal of Commerce. ]]> http://www.TampaInjuryLawBlog.com/2009/09/president_obama_nominates_truc.html http://www.TampaInjuryLawBlog.com/2009/09/president_obama_nominates_truc.html Truck Accidents Mon, 28 Sep 2009 08:22:14 -0500 pharmacy error prevention link.]]> http://www.TampaInjuryLawBlog.com/2009/09/what_should_you_do_if_the_phar.html http://www.TampaInjuryLawBlog.com/2009/09/what_should_you_do_if_the_phar.html Medication Errors Pharmacy Mistakes Tue, 22 Sep 2009 07:39:45 -0500 personal injury attorney hears is "How long will it take to resolve my personal inury case?" I answer this question in a video on my law firm website. To view the video, click on this personal injury resolution video link. The video describes the various factors a personal injury lawyer takes into consideration to answer this question. ]]> http://www.TampaInjuryLawBlog.com/2009/09/how_long_does_it_take_to_resol.html http://www.TampaInjuryLawBlog.com/2009/09/how_long_does_it_take_to_resol.html Personal Injury Fri, 18 Sep 2009 08:51:39 -0500 avoidable truck accidents. One of the greatest pressures on some truck drivers comes in the form of driving without sufficient rest. When such conduct leads to an avoidable accident that causes personal inury, the injured person is entitled to compensation. In a recent video, I discussed the fact that state and federal regulations are in place to try and avoid these accidents. To view the video, click on this Trucking accident link. ]]> http://www.TampaInjuryLawBlog.com/2009/09/truck_accidents_are_sometimes.html http://www.TampaInjuryLawBlog.com/2009/09/truck_accidents_are_sometimes.html Truck Accidents Tue, 15 Sep 2009 09:22:42 -0500 auto accident as a result of someone else's negligence, there are usually two ways to handle getting compensation for the damages. You can make a claim with your own auto insurance. When you do so, your recovery is limited by the contract you signed with your insurance company. Usually, you will have a deductable. In addition, if you did not purchase rental coverage, you may have to pay out of your own pocket for transportation while your car is getting repaired. Furthermore, your own insurance company usually makes sure their contract with you does not cover you for any diminished value of your vehicle. Instead, most policies usually only cover the cost of repairs. The second way to handle getting compensated for damages to your automobile in a car accident involves making a claim against the insurance company of the person that caused the accident. This is not always possible because many people in Florida do not carry this type of coverage. However, when the at fault party does have the proper coverage it is definitely the best way to go. Under Florida law, the at fault party is not only responsible for the cost of repair; they are also responsible for any decrease in value of the vehicle after the repair and the loss of use of the vehicle during the reasonable time of repair. As described above, the additional damages of diminished value, and loss of use are usually not available when you make a claim against your own insurance. As a personal injury attorney, I often advise car accident clients, which type of claim should be made in their specific case based on the insurance available and the type of damage to the vehicle. When it makes sense to do so, I also file suit against the at fault party for personal injury damages and damages to our client's car. ]]> http://www.TampaInjuryLawBlog.com/2009/09/when_a_car_is_damaged.html http://www.TampaInjuryLawBlog.com/2009/09/when_a_car_is_damaged.html Automobile Accidents Fri, 11 Sep 2009 16:44:52 -0500 personal injury lawyers often refer to them as defense medical exams. The bias occurs because the insurance companies search out doctors that they know in advance are more likely to conclude the injuries were not caused by the event claimed by the injured party. In addition, if the doctor sides with the injured person he or she will not get any repeat business. The result is that the overwhelming majority of IME doctors find a way to side with the insurance company. The insurance company then uses the doctors conclusions to deny benefits or convince a jury that a personal injury plaintiff does not deserve compensation. A great article that exposes the bias can be found at the New York Times website. ]]> http://www.TampaInjuryLawBlog.com/2009/08/what_is_a_personal_injury_ime.html http://www.TampaInjuryLawBlog.com/2009/08/what_is_a_personal_injury_ime.html Personal Injury Wed, 26 Aug 2009 19:02:02 -0500