Archive for the ‘Wrongful Death’ Category

Jacksonville Boat Accidents: Be careful this July 4th holiday

Wednesday, July 1st, 2009

images-1Let’s keep Jacksonville boat accidents to a minimum this July 4th holiday. Just like in a car always have a designated driver. The Coast Guard, as well as Florida Fish and Wildlife, will be out in force this weekend patrolling the waterways as people celebrate the Fourth of July.

“There will be more people, and more boats, out on the water this weekend than just about any other time during the year,” said Hulme, a Coast Guard spokesman. “We hope people exercise extra caution when they are on the water.”

More boats on the water means more chances to get into an accident if you’re not paying attention, said Jim Suber, Jacksonville’s waterways coordinator/dockmaster and a former Sheriff’s Office marine outfit sergeant.

That’s especially true at night, when it’s harder to see and boats are often in close proximity while they jostle to get a good space before the fireworks start.

“It’s best to have a second observer at night paying attention to where you’re going,” said Suber, who points out that debris in the water and other hazards can be missed by the boats driver.

Karen Parker, spokeswoman for the Florida Fish and Wildlife Conservation Commission, said increased patrols would be visible on all major waterways. Most officers will be working 12-hour shifts throughout the weekend.

“We’ll be on the lookout for careless drivers and we encourage boaters to be alert and pay attention to their surroundings,” Parker said. “Carelessness and inattention are the biggest causes of boating accidents.”

Another part of that extra caution is not being drunk while driving a boat, Hulme said.

Boating under the influence arrests dropped in 2008, and only one arrest occurred in Northeast Florida during the first four months of 2009. But boater safety gained attention on Easter when a 22-foot boat crashed into an Intracoastal Waterway construction site. Five people were killed and nine were injured.

If drinking is planned, people should designate a boat driver who will not consume alcohol, Parker said.

“Just like driving a car, it’s a bad idea to drink alcohol and drive a boat,” she said.

Suber said boaters need to pay attention to the currents and tides when boating in the St. Johns River and the Intracoastal Waterway, because the water can be very shallow in some places.

He also stressed the importance of wearing a life jacket, even if you’re a good swimmer. It’s 3 miles across the Buckman Bridge, and having to swim a mile or more is not easy without a life preserver, he said. Even close to shore is dangerous.

“People have drowned in 2 feet of water when they’ve been knocked unconscious,” Suber said. “You may think you can swim, but those currents can be very tough. If you or a loved one has been hurt in a Jacksonville boat accident please call the Law office of Henry Gare at (904) 387-6101

Jacksonville Nursing Home Ratings don’t tell the whole story

Sunday, February 1st, 2009

nurFlorida Nursing home shoppers beware: That five-star facility, as ranked by a new federal rating system, may not be the best of the best.

That’s because the system only compares the homes against their peers statewide, instead of against the 15,800 nationwide. And it automatically assigns five stars, the highest possible, to the top 10 percent, a system that one critic likened to being “graded on a curve.”

“I’d just prefer the straight data,” said Barbara Hengstebeck, director of the Tallahassee-based advocacy group Families for Better Care and a former statewide ombudsman for Florida’s long-term care program. “When you’re in school, a 90 to a 100 is an A.”

Experts say that the ranking system should serve only as a starting point in a consumer’s assessment of a nursing home. Even the Centers for Medicare and Medicaid Services, the rating system’s operator, warned in a statement at the time of the system’s Dec. 18 debut that the database is “not intended to be the only tool families use.”

The five-star system is aimed at giving would-be nursing-home residents and their families a one-glance overview of a home’s quality, said Lee Millman, a Centers for Medicare spokeswoman.

Consumer groups and nursing-home resident advocates praise the system for making a once-opaque industry more transparent. If you have a loved one looking for a nursing home you must ask as many questions as possible regarding the care they will receive. Jacksonville nursing home lawyers advise that ratings should never be the only thing looked at when deciding on a facility.

Jacksonville Car Accident Victims Can No Longer Sue Rental Car Companies

Saturday, September 20th, 2008

rentalsThe U.S. Court of Appeals has ruled that the federal law eliminating vicarious liability for rental car companies nationwide is fully constitutional. In what is certainly bad news for those injured in Jacksonville car accidents caused by the negligence of rental car drivers, Federal Law now definitively prevents any such personal injury cases against those rental car companies. While the United States Congress previously enacted the so-called Graves Amendment, a number of lower courts in Florida had found the amendment to be unconstitutional.

However, last month, the 11th Circuit Court of Appeals, which essentially oversees all cases in the Southeastern United States, issued a ruling that the Graves Amendment is constitutional. This ruling, for all intensive purposes, puts an end to all such personal injury and wrongful death cases against all rental car companies.

Florida Pharmacy Mistakes Often Go Unreported and Patients Pay the Price

Saturday, August 30th, 2008

I have personally handled several Jacksonville pharmacy malpractice cases that arose in incidents involving pharmacies in the North Florida area. Luckily none of my clients passed away. The Ferrero family was not so fortunate last October when their son died partly as the result of a pharmacist’s error.pill

The Ferreros took their son, Sebastian, for treatment to Shand’s Medical Center last October to undergo pediatric endocrinology testing in which an amino acid, arginine, was used. The proper dose for Sebastian was 5.75 grams based upon his body weight. Instead, the pharmacist sent two bottles of an arginine solution each containing 30 grams of the compound. The solutions were administered despite Sebastian’s mother questioning the nurse as to whether that amount was the proper dosage. Tragically young Sebastian died the following morning.

What really struck me about this story is the sanctions imposed upon the negligent pharmacist. Sure we are all human, and sometimes we make mistakes. However, this was an obvious mistake which resulted in the most grave consequence. The Florida Board of Pharmacy imposed a $1,000 fine plus costs of investigation on Edna Irizzary, the negligent pharmacist. $1,000!?!? Is that all the Board thought was appropriate to ensure that this pharmacist and others will not make such careless mistakes? I reserve judgment as to whether her license should be revoked. However I am quite sure that when someone with expertise such as a pharmacist, who presumably makes quite a comfortable living is only fined $1,000 for a mistake that results in death, the public is not much safer.

A quick internet search revealed that this is common. In July 2001 a local national pharmacy chain mislabeled drug instructions that led to the death of Jacksonville resident Terry Smith. After an investigation the Pharmacy Board fined the pharmacist $1,000 plus costs.

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