Florida Accident Attorney Blog

ABC Action News reports that the Florida Department of Highway Safety and Motor Vehicles has revoked thousands of Florida drivers licenses out of concern that drivers with physical or mental impairments pose a risk for causing serious or fatal motor vehicle accidents. Florida has in fact ramped up efforts to get such potentially dangerous drivers off the road -- revoking 7,716 Fla. drivers' licenses for medical reasons in 2010, compared to 3,559 licenses pulled for the same reasons in 2000. Many of these drivers are elderly drivers in Florida.

As a West Palm Beach car accident injury lawyer knows from working with injured and grieving clients, Florida highway and city driving can be hazardous. Our city streets are congested, and our highways are heavily travelled by tourists and other visitors, in addition to our residents. Florida's aging population poses a particular public safety concern for driving in Florida. As people age, their motor skills and reflex reactions slow, challenging senior drivers to respond swiftly and safely when something unexpected happens on a Florida city street or interstate.

The South Florida Sun Sentinel published an article revealing a little-known Florida law, which allows people to report Fla. drivers whom they believe pose a safety risk to other motorists and pedestrians in Florida. The newspaper reported that the increase in Florida DHSMV driver's license revocations is in large part due to family members reporting their loved ones as unfit to safely drive. Other tips on unsafe drivers come from the general public.

In addition to the 7,716 Florida driver's licenses revoked for medical reasons, the Sun Sentinel reports another 6,559 licenses were revoked by medical review last year for drivers failing the Florida vision test or not submitting a vision report. (Fla. law requires drivers over age 80 to submit to an eye test every six years.) The news source reports that statistically, senior citizens in Florida and the U.S. are involved in fewer accidents compared to younger people. However concern for senior driving safety exists in Florida due to the aging Baby Boomer population.

Senior citizens comprise a large percentage of the South Florida population, including those in retirement and life care communities, as well as Florida nursing homes. (The Sun Sentinel reports a Census figure of nearly one in five Floridians being over age 65.) We all cherish and respect our Florida seniors. It's a tough call for any family to decide if and when a mother or father, grandmother or grandfather, is no longer able to safely take a car out and drive on Florida roadways.

Physical as well as cognitive impairments, which may be brought about due to conditions such as dementia or taking medications, can seriously impact a senior citizen's ability to safely handle an automobile. No one likes to hear stories about a senior citizen driver who mistakenly hit the gas pedal rather than the brakes, and drove through a storefront window or into a crowd of pedestrians. Sadly, these types of Florida traffic and pedestrian accidents can and do happen -- forever changing the lives of both the victims and the drivers responsible.

Related Florida Injury Attorney articles:

Speed Kills on Florida Highways -- But Slow Driving in Left Lane Also a Safety Hazard, Lawmakers Say (Oct. 5, 2011)

South Florida Driving Safety & Senior Citizens : NTSB Conference Looks at Elderly Driving and Car Accidents (Nov. 10, 2010)

Sources:

Florida driver's license revocations spike
Associated Press via ABC Action News Oct. 23, 2011

State is taking more Floridians off the road as population ages
Sun Sentinel Oct. 21, 2011

A report released by the U.S. Dept. of Health and Human Services raises questions over the administration of anti-psychotic medications to nursing home residents who might not need them. As Broward County, Florida injury attorneys who follow nursing home abuse and neglect cases, news of this report raises troubling questions about the safety of loved ones in nursing homes.

The study, titled "Medicare Atypical Antipsychotic Drug Claims for Elderly Nursing Home Patients," found that...

• Antipsychotic drugs were given to nursing home residents "unnecessarily" over 300,000 times between January and June 2007, with more than half of those drugs given "in excessive dose."
• 88% of the time that Medicare paid for antipsychotic drugs given in nursing homes, these powerful drugs went to patients with dementia.

The DHHS said it is very concerned about the safety of these medications given to nursing home patients unnecessarily, including patients who are already struggling with dementia. Medication errors in nursing homes can be very serious and even lead to death in elderly, frail patients. The DHHS is looking into whether "financial incentives for unnecessary drug use" have come into play in these cases under investigation.

Fort Lauderdale, Florida nursing home abuse lawyers take great interest in reports such as this one, which raise questions about quality of nursing home care nationwide. We have many beloved seniors in nursing homes here in the Sunshine State. The Florida Health Care Association reports 684 nursing homes in Florida, with 82,276 beds and an estimated 72,000 nursing home residents. When we move a loved one into a nursing home in Florida, we rely on the facility medical and healthcare staff to take excellent care of our family member and ensure no harm comes to them. Long-term care (LTC) facilities support an estimated $20.2 billion or 2.7% of Florida's economic activity.

CBS News reported that a woman's father died shortly after being moved into a Calif. nursing home, where he was reportedly given anti-psychotic drugs. The daughter told the press that the medications rapidly brought about her father's decline. Some experts who follow nursing home neglect and injury cases suggest that these powerful medications may be inappropriately used as "chemical restraints" in nursing homes that lack sufficient numbers of qualified, trained staff.

Study finds "Unnecessary" drugs in nursing homes
CBSNews.com May 9, 2011

Medicare Atypical Antipsychotic Drug Claims for Elderly Nursing Home Patients (PDF)
U.S. Department of Health and Human Services May 2011

Related Florida Accident Attorney articles:

Crackdown on Broward County "Pill Mills" : Pain Clinics Blamed for Florida Prescription Drug Overdose Deaths March 9, 2011

State Attorney Calls West Palm Beach Summit on Florida Pain Clinics and Prescription Drug Abuse Feb. 22, 1010

Related Web Resources:

American Medical Directors Association

Florida Health Care Association

A South Florida news source reports that nursing homes in Brevard County, Florida, are establishing quarantine due to the dreaded norovirus spreading among residents. Norovirus is highly contagious and causes intense stomach and intestinal distress, including vomiting and diarrhea. The virus tends to come on quickly and cause gastro problems for 24 hours, though patients report feeling sick or weak for several days after the initial episode subsides.

As a Palm Beach County, Fla. nursing home neglect attorney knows -- Florida nursing homes, assisted living facilities, and retirement communities are entrusted with the safe and compassionate care of so many Sunshine State families' parents and grandparents.

FloridaToday.com reports that 8 nursing homes in Brevard County, Fla., have been hit by norovirus. Quarantines may limit visitor access until a few days after the last case of a sick patient is reported. Norovirus may be passed on by ingesting contaminated foods or liquids, or by touching a surface where norovirus is present and then putting hands in mouth. Regular hand washing is recommended to avoid norovirus.

Nursing home safety and sanitation is of utmost concern to people who live in South Florida -- where so many snowbirds and other seniors retire and never leave. Nursing home neglect and abuse are serious charges. Unfortunately, sometimes the institutions that are entrusted with our elderly loved ones' care can intentionally or indirectly inflict harm upon them -- either through physical abuse or neglect, poor care, and/or lack of adequate facilities. Issues around medical negligence or malpractice, such as prescription drug errors, may also arise in Florida skilled nursing facilities where patients are administered medications.

Experienced West Palm Beach injury lawyers can help families determine if they have a case, when a loved one in a nursing home is hurt due to negligence or recklessness.

Nursing Homes Quarantined Due to Norovirus
WFTV.com 9 Jan. 5, 2011

Norovirus hits 8 Brevard nursing homes
FloridaToday.com Jan. 5, 2011

Related Web Resources:

CDC.gov: Prevent the Spread of Norovirus

Florida AHCA Nursing Home Watch List

Past Florida Accident Attorney blog article:
State Attorney Calls West Palm Beach Summit on Florida Pain Clinics and Prescription Drug Abuse

South Florida's pain management clinics have come under increased scrutiny in connection with the illegal pill trade and trafficking of Oxycontin and other powerful prescription drugs.

The office of State Attorney Michael McAuliffe of Palm Beach County, Florida, is hosting a summit in West Palm Beach to look at the growing problem of pain clinics, drug trafficking, and prescription drug abuse. The Prescription Drug Abuse and Pain Clinic Summit, held in late Feb., will bring together medical officials, law enforcement personnel, and policymakers to examine the problem.

Last year, several pain management clinics in Fort Lauderdale, Palm Beach County and Broward County, Florida, came under investigation for illegally selling prescription drugs. (See Florida Elder Care Alert: Fort Lauderdale, Broward & Palm Beach County Pain Clinics Scrutinized.) SAMHSA (the Substance Abuse and Mental Health Services Administration) reports that drug abuse among senior citizens is on the rise, as the Baby Boom generation ages.

Florida medication error lawyers have knowledge pertaining to product liability, prescription drugs, and medical malpractice as they all impact the care of our senior citizens.

Overdose of powerful prescription pain drugs such as opioids can lead to wrongful death. Experts at the Feb. 2010 Summit, which will be held Clayton Hutcheson Agricultural Center in West Palm Beach, will discuss legislation for greater self-regulation in the Florida medical industry.

West Palm Beach summit takes look at prescription drug abuse, pain clinics
Sun-Sentinel.com Feb. 22, 2010

Drug Use Rising Among Seniors; Baby Boomers Continue Using, SAMHSA Says
Jan. 11, 2010

Related Web Resources

Florida State Attorney Michael F. McAuliffe, Palm Beach County, Florida

American Academy of Pain Medicine

Patients from Fort Lauderdale, Broward County, and other South Florida communities are concerned that they may have received contaminated blood from a local hospital.

Police are investigating the case of a nurse at Broward General Medical Center who may have exposed more than 1,800 patients to blood carrying infectious diseases such as Hepatitis A and B, as well as the Human Immunodeficiency Virus (HIV). According to news reports, a 59-year-old nurse is being investigated after officials at the hospital learned that she had been reusing intravenous medical materials such as saline bags and catheter tubing as patients underwent chemical cardiac stress tests -- materials that are intended for one-time use per standard nursing protocols.

At press time, no charges had been filed against the nurse. A news report from the South Florida Sun Sentinel went on to say that Broward General was in the process of contacting 1,851 patients who may have been exposed to the contaminants since 2004. The patients are being asked to return to the hospital for blood tests. It is unclear if any Florida medical malpractice cases will arise from this investigation, nor if anyone has become sick from the actions of the nurse being investigated.

According to the news item, the CDC reportedly said that because the equipment the nurse allegedly reused did not come in direct contact with patients, the chance of disease transmission was low. The Sun Sentinel went on to report that infection could occur if contaminated blood or fluids from the reused saline bags or tubing pushed through the length of IV tubing and came in direct contact with patients. The nurse under investigation was suspended in Sept., and police now believe she has left the country.

Broward County, Florida medical malpractice lawyers may become involved in cases to advocate for individuals and families who've become sick or suffered injury or death as a result of the negligent practices of a hospital or medical center.

Earlier in the year, hospitals run by the Dept. of Veterans Affairs in Miami, Florida and other cities came under fire when it was discovered that patients received colonoscopies performed with non-sterile equipment. Medical liability was again raised in this case, as the VA patients who received colonoscopies conducted with unsterile equipment may have been exposed to pathogens such as HIV and hepatitis.

Police investigating Broward General nurse at center of infection case
South Florida Sun Sentinel, Oct. 7, 2009

Possible exposure to HIV and hepatitis for veterans who received colonoscopy in Miami VA hospital
Examiner.com March 29, 2009

Related Web Resources

Broward General Medical Center

Florida Agency for Health Care Administration

A study published in the journal Ergonomics found that people who work in hospitals are far more likely to lose work time and file Workers Compensation claims due to slip/trip/fall injuries than people in other private industry sectors.

The 10-year study -- which took place between 1996 - 2005, and whose authors were affiliated with the CDC, NIOSH, and health care facilities in the U.S. and Finland -- reported that lost workdays for hospital employees who had suffered slip-trip and fall injuries amounted to 35.2 per 10,000 full-time equivalents (FTE). That statistic is 75 percent greater than the average for all other private industries combined (which is 20.2 per 10,000 FTEs).

Causes of Slip, Trip, and Fall Accidents and Injuries
Hospitals, of all places, should be safe for both staff and patients. However, just like other establishments such as restaurants and hotels, hospitals can be prone to the same safety hazards that cause people to slip or trip and fall and get hurt -- wet floors and slick or slippery spots being the most common cause, along with obstacles on the floor or in walkways, loose or nonexistent handrails, and damaged flooring and stairs/steps.

Florida slip, trip and fall lawyers are sometimes consulted by individuals and families who suffer broken bones or other serious injuries as a result of slipping and falling while on the property of a commercial establishment. Premises liability may be an issue in some of those cases.

The Ergonomics study revealed that housekeepers, food services staff, and transport and EMS staff were at highest risk of suffering personal injury in a slip/trip/fall accident. The study went on to make recommendations for broad-based prevention programs for hospitals, including cause identification and hazard assessment, improvements to flooring, changes to housekeeping procedures and products, programs for outside ice and snow removal, and slip-resistant footwear for certain groups of employees.

Evaluation of a comprehensive slip, trip and fall prevention programme for hospital employees
Ergonomics, Volume 51, Issue 12 December 2008, pages 1906 - 1925

Related Web Resources

Slips, Trips & Falls
The International Contact Group for Researchers

The International Ergonomics Association

CDC: Falls Among Older Adults

Florida Personal Injury Attorney Debi Chalik fought for and won a $400,000 settlement for a client who suffered serious injuries resulting from a slip fall accident. Tonya I., a client of The Law Offices of Chalik & Chalik, slipped and fell on a wet bathroom floor at a Florida restaurant and hotel chain location. The client claimed that her slip and fall accident aggravated a lower-back injury, which caused nerve compression. She also claimed that a head injury suffered in the fall triggered a structural defect in the brain called a Chiari malformation, causing seizures, difficulty swallowing, and memory loss. Tonya required spinal surgery to treat her injuries.

Attorney Debi Chalik, a partner in the South Florida based Chalik & Chalik Law Offices, investigated the facts and circumstances surrounding Tonya's accident. Attorney Chalik determined that the establishment failed to adequately maintain their property and keep it safe for patrons so they would not injure themselves. After months of negotiation, the property owner agreed to pay $400,000 to compensate Tonya for her injuries.

As an experienced slip trip and fall accident lawyer, Attorney Debi Chalik fought hard to prove the owner of the property was accountable for the client's injuries. Slip and fall accidents can cause broken bones, head injuries, and in cases like Tonya's, multiple injuries that require surgery, medication, and lengthy rehabilitation.

University of Florida Slip Trip and Fall Accident Injury and Fatality Statistics
A University of Florida study estimated that in 1999, more than 1 million Americans suffered a slip, trip or fall injury, and over 17,000 died as a result. The study breaks down slip/fall injuries into "same-level falls" (such as slipping on a wet floor) vs. "elevated falls" (such as falling off a ladder). The study reported that 12 to 15% of all Workers Compensation claims are caused by slip fall accidents, and that 5,100 workers died in 1999 as a result of such mishaps. Back injuries are the most common type of injuries in slip fall accidents.

A slip fall injury only takes a second to occur, but the problems incurred can last for months, years, or even a lifetime. Sometimes these accidents can even cause death. An experienced South Florida slip/fall accident lawyer helps clients such as Tonya recover and go on with their lives by fighting for the compensation they deserve and need to cover medical bills and lost wages.

Defendants Settle: $400,000.00 Fall on Wet Bathroom Floor
Chalik & Chalik Newsletter Volume #3 2009

Related Web Resources

University of Florida: Preventing Injuries from Slips, Trips, and Falls

National Safety Council: Falls in the Home and Community

The South Florida Sun-Sentinel reports that pain management clinics in Fort Lauderdale and Broward and Palm Beach Counties are under scrutiny for potential illegal activity surrounding distribution of prescription pain medications.

The report states that 130 pain clinics are in operation in South Florida -- 70 of which have opened in Broward County and Palm Beach County since January 2008. Of those 70, the report found that 48 clinics are owned by investors and not physicians. Police are stepping up efforts to examine activities at some clinics, which are under suspicion for taking part in the illegal sale of OxyContin and other painkillers as street drugs.

Doctors are pushing for a bill that would enable the state of Florida with more power to regulate investor-operated pain management clinics. The Sun-Sentinel reports that some pain clinics are offering gift cards and cash rewards for patients who refer other patients to the clinics.

A Florida personal injury attorney assists families in cases where an overprescription of drugs leads to physical injury, brain damage or wrongful death. In this case, the Sun-Sentinel learned that of the physicians staffing these pain management clinics under scrutiny, 14 had been disciplined for overprescribing drugs. The report also stated that more than 4,000 Floridians died from prescription drug overdoses in 2008 -- up 20 percent from 2007. Of the top 50 U.S. clinics known for dispensing OxyContin, are all in Florida -- with Broward County hosting 33 of them.

Nursing Home Medication Errors
Seniors who are trying to manage chronic pain due to arthritis and a host of other conditions are vulnerable to being given the wrong medication or too much medication, causing an estimated 800,000 "adverse drug reactions" every year. (Gurwitz, et al., Incidence and preventability of adverse drug events in nursing homes, The American Journal of Medicine, Aug. 1, 2000.) Nursing home medication errors is a concern for families who've placed their parents or grandparents in a long-term care facility and depend on nursing home staff to dispense medications and keep their loved ones safe.

South Florida pain centers that promote pill trade face scrutiny
SunSentinel.com April 7, 2009

Related Web Resource

AARP:Your Guide to Choosing a Long-Acting Opioid Analgesic for Chronic Pain

According to the National Safety Council (NSC), slip trip and fall accidents are the nation's leading cause of injury-related deaths among senior citizens aged 65 and older. The NSC estimates that 13,000 elderly people perished after having a slip/fall accident and another 1.8 million ended up in a hospital emergency room after suffering a fall during 2003.

Because South Florida is such an appealing retirement and winter destination for seniors, slip and fall accidents are always of great concern. The Centers for Disease Control and Prevention (CDC) estimates that every 18 seconds, a senior citizen is brought to an emergency room after a fall and every 35 minutes, an elderly person dies as a result of personal injury sustained in a slip and fall accident. What's more, the CDC reports that over 90 % of hip fractures in the senior population result from accidental falls.

South Florida Nursing Homes and Slip Fall Accidents
When they get older and can no longer fully care for themselves, we entrust the care of our grandparents, parents, uncles and aunts to South Florida nursing homes and other elder care facilities. The National Center for Injury Prevention and Control estimates that a nursing home with one hundred beds experiences 100 to 200 falls among its elderly residents every year.

Slip trip and fall accidents among Florida elderly may sometimes be caused by their frailty and orthopedic conditions such as osteoporosis and arthritis. Nursing homes and other elder-care facilities are responsible for taking measures to prevent falls among their residents. This includes installing proper hand rails, keeping floors and hallways dry and free of obstructions, having proper lighting, and providing assistance to elderly patients who require help getting out of bed and maneuvering.

An experienced Palm Beach Florida slip trip and fall attorney helps families whose elderly loved ones have been injured in a fall determine whether a nursing home or other property owner is liable for their injuries.

Falls in Nursing Homes: Facts
National Center for Injury Prevention and Control June 10, 2008

Related Web Resources

NSC.org: Falls in the Home and Community

CDC.gov: Preventing Falls Among Older Adults

You're walking down the concourse of a South Florida shopping mall, when suddenly you slip and fall on a wet floor and injure your back. Who is liable for your medical bills and lost wages? Or maybe it's a parent or grandparent in a Florida nursing home who falls when attempting to get out of bed and breaks a hip. Who is responsible in that case?

Premises Liability in Florida
Laws are in place to protect Florida citizens and visitors from slipping, tripping, falling, and injuring themselves while shopping or out in other public places, as well as while visiting the homes of others. Property owners are liable to keep their properties safe from dangerous obstructions and conditions that could cause a person to slip, trip and fall. These laws extend to Florida swimming pool safety as well, including decks and stairs.

If you slip and fall -- and you are physically able -- we recommend you do the following:

• Take pictures (your cell phone camera may suffice) of the conditions that caused you to slip and fall. Once the accident scene is cleaned up, those details will be lost!


• Write down all the details leading up to the fall -- what you were doing, where you were walking, the lighting, conditions of the floor or ground, and any obstructions present.


• If you are physically unable to document the details yourself, ask a friend or family member to record what you can remember as soon as possible.


• If witnesses are nearby who could vouch for what happened, ask for their names and phone numbers.


• If you are injured in a public place, report the accident to the store manager or property supervisor. Insurance companies have a field day with "unreported accidents." Get your accident on record BUT take care not to speak to the property owner's attorney or insurance company. That's what your personal injury attorney does on your behalf.

If you need to file a lawsuit against the property owner for damages and compensation, be prepared to have your story called into question. Lawyers for the property owner's insurance company may try to make the Florida slip and fall accident seem as if it was your fault, or even that your injuries were caused by a pre-existing condition or an earlier accident.

As South Florida personal injury lawyers, we've assisted many people over the years who got injured in slip/trip and fall accidents while shopping, dining, or visiting public places. The cases that turn out favorably for many plaintiffs are the ones where the injured parties had the foresight to document what happened immediately -- before time, stress, and the property owner's insurance company -- can make the details fuzzy.