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Allergic reactions to medications can range from hives and itching to anaphylactic shock to death. It is important for the pharmacist to be mindful and to have registered in their computer system the allergies that you have told them about. You, the patient, must inform the pharmacist of what your allergies are. If the doctor has written for a prescription for which you have an allergy and the pharmacy fills that prescription with the knowledge of your allergic reaction, then yes the pharmacist can be held liable for his or her actions of filling that prescription and not consulting with the doctor to perhaps change it to something that you may not be allergic to.
If your do take the medication and you have an unfortunate reaction, please contact your doctor immediately and contact your pharmacist and then contact a lawyer who can help you navigate through the system of why the occurrence happened and the dispensing happened of that medication and seek the justice that you deserve in terms of compensation of medical bills, lost wages and any other health damages.
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Pet owners in Florida are liable for their animals. If those animals cause harm to another person, or to another animal, that owner can be liable. There are various factors and various types of animals for which each case may have slightly different rules and different laws, but hiring a lawyer who deals with or has dealt with animal injury cases would be important.
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Negotiation with the insurance adjuster yourself is not advisable to try to settle your injury case. The insurance company’s adjusters are trained to give you as little as possible for your injury claim, and they know that most folk will not know what to do in order to maximize the damages that they deserve. Hire a lawyer to help maximize the damages that you deserve for your injury claim.
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As a pharmacist and lawyer myself, I know firsthand that pharmacists are human and they do make unintentional mistakes. Most times those mistakes are caught without incident and without any consequences to the patient. However, there are sometimes when those incidences can lead to a worsening of a health condition, a new health condition, or even a person’s life. It is critical that you as the patient contact your physician, contact the pharmacy to find out what drug you were supposed to have, let them know what your symptoms are and if necessary seek emergency attention and then contact a lawyer to assist you to receive the just compensation that you deserve for the health changes that your life has undergone.
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Having the incorrect dosage of a prescription medication, even if it’s the right medication, can be life-threatening. It’s life-threatening especially if it’s by IV administration, and it can also be life-threatening if you’ve taken it for a prolonged period of time. It is critical that once you have determined that you were taking the wrong dosage and that you have symptoms to connect your doctor immediately and contact the pharmacy. Once you’ve taken care of your immediate health conditions, contact a lawyer to help navigate you through the spectrums of why you were given the wrong dosage and to determine what health and life effects that has on you.
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An incident report is very important for you to obtain, whether it’s a crash report, or driver exchange report from a police officer after an automobile collision, or a report that is completed by a manager or a supervisor of a business after a slip and fall. Ask for a copy of that, you will likely need it later.
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An incident report is very important for you to obtain, whether it’s a crash report, or driver exchange report from a police officer after an automobile collision, or a report that is completed by a manager or a supervisor of a business after a slip and fall. Ask for a copy of that, you will likely need it later.
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Florida has some very specific deadlines pertaining to filing lawsuits in injury cases. It’s important for you to hire a lawyer with the knowledge and skills to navigate through the process of your particular case. There is the final deadline but they’re often times prerequisites that must be acknowledged and satisfied before a lawsuit can be filed. A very good lawyer will be able to handle this matter and answer your case specifics without any problems.
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A personal injury lawyer has a very unique type of contract. It’s called a contingency fee contract. It is not one in which the injured person pays the lawyer by the hour or even places a retainer. The personal injury lawyer takes a risk on the client that he takes on in these instances because the lawyer puts up the money to prosecute the case on behalf of the injured client and risk being paid at the end of the case. That’s called contingency.
At the end of the case upon settlement or upon jury verdict, that lawyer and only then does that lawyer get paid … Gets paid a fee that’s set by the supreme court and the Florida bar and gets reimbursed the cost that had been expended on behalf of that client.
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The worth or the value of your car accident case really depends upon the extent and the uniqueness of the injuries that you have sustained, whether your injuries are new or pre-existing, and pre-existing means that they were simply worsened by the new condition. Depends on how compliant you were with the medical care and the advice that your doctors gave. Also depends upon the type of insurance that the person who caused you harm has and the amount of insurance that the person has. Another factor to consider is whether or not you have insurance coverage to protect yourself. There are many factors of whether or not you have other damages, for instance a loss of earnings. If you have a surgical recommendation, if you had to endure multiple surgeries. To answer that question is a broad question. It really depends upon the uniqueness of the individual.
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Nursing homes where we place our loved ones and depend and rely upon those facilities to take care of them can be very complicated. Many of our nursing homes in Florida don’t have the amount of coverages that one would expect. As such, when there is injury, or multiple injuries, to our loved ones, where there is extensive medical care that has to be gotten, it can be extremely complex. You need to have a lawyer who has the time, has the care, and has the resources and experiences to help navigate that system and that web of nursing home care. Find the insurance coverages necessary to have the justice that your loved one deserves.
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The amount of money that you receive from your injuries will differ, and it’s really case-dependent. There is no set amount. It depends on one, the insurance, whether or not there’s an insurance at all, how much the benefits are. It depends on the severity of the incident and the severity of your injuries. It depends on whether or not you have missed work and whether or not it’s foreseeable that you will miss work in the future because of these injuries, whether or not you will have the need for medical care in the future because of these injuries. All of these things come together for each individual person, and that’s why there’s no set amount and that’s not a simple answer.
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Because uninsured motorist coverage protects you, your family members, and perhaps those people who may be in your car and also injured, it is important for you to have as much as you can afford to have. It’s important to note that you cannot protect yourself more than you protect the public. When you’re having to add or include uninsured motorist coverage on your plan, you also must have bodily injury or liability coverage as well to protect the public. Check with your agent. Buy as much as you can.
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After an accident you should call a lawyer right away for a number of reasons. You want to make sure that you protect the evidence and gather the evidence. Evidence can be destroyed or lost. Your lawyer can dispatch the investigators or go out to the scene him or herself, and ensure that your skid marks are preserved or the debris from the crash is preserved. Human movement can destroy evidence. The weather can, also, destroy evidence. Rain can wash evidence away. The sun can melt evidence. Snow can cover evidence.
The other reason to call a lawyer straight away is because that lawyer will guide you through the protections necessary for deadlines. Florida has specific statutory deadlines, like the fourteen day tip law that protects you. It, also, has protections that you need to be aware of regarding pre-suit notices, and those matters are critical, so call a lawyer as soon as you can.
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Florida has a new PIP law that requires you to seek a licensed medical doctor for your medical complaints resulting from the collision within 14 days of the crash. It’s necessary for you to do that to help ensure that you will get the full $10,000 benefits under PIP, because if you don’t, you may only be able to get $2,500 of your PIP benefits. Those benefits go to medical costs, and lost wages.
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Even though you are disabled from an injury long ago, you still have the rights to file a viable claim for a new injury caused by someone else. Being disabled does not mean that you do not have health and vitality of life. You’re still important. As such, you must understand that your disability, wherever that is in your body, will become a factor in the consideration of the award of damages that you are seeking. For instance, if you have a disability to your back from an injury long ago and your back is re-injured in this new accident, then that’s a re-injury, and that’s an injury to a pre-existing condition. If the injury is to another or a different level of your back, then that’s a new injury. If you’ve injured your knee, that may be a new injury or a pre-existing injury that has become worsened. You’re still an important person, and you have rights.
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When you entrust your vehicle to a valet service or take it to a car repair shop and trust them to handle your car with care, then any acts that happen with that vehicle, which may cause harm to someone else or even property damage, it is the responsibility generally of that particular business and not you. We hope that whom ever you’ve entrusted your car to has the requisite insurances and business licenses to protect you as the consumer.
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You do have legal rights if you were food poisoned at a restaurant where you relied upon the meal that you were paying for, you are indeed the consumer. It is a bit tricky because unless the poisoning happened in short time, it’s very difficult to prove that the food that you ate at that particular restaurant caused the injuries that you’re sustaining. It is much easier though for you to prove your injuries if there are other people who were injured, other people who needed hospitalization, or if there was a food recall. It’s provable but it is tricky and it’s going to require you to recount basically every place you ate within a short period of time and what you ate.
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Full coverage is a term that I hear a lot. But generally, when people say that they have full coverage, what they have is the state’s minimum requirements to drive a vehicle in Florida. The state’s minimum requirement is only PIP and property damage. There is nothing there to protect you, the individual. Uninsured motorists generally is not included in what people think of as full coverage. It is important for you to make sure of the benefits that you are paying for under your insurance policy and it’s important for you to have an insured motorist to protect yourself.
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The insurance industry is in the business of collecting premiums and not paying them out. It is indeed a business. What they will do is often try to find a way not or a reason not to pay a claim. If the insurance company has determined that at the time you applied for the insurance you did not fully disclose to them those persons who were living in your household who were able to drive or of driving age, they will try to deny your claim. If they also find out that someone has been living with you who you loaned your car to for some period of time, then that would be another reason why they’d try to deny the claim and deny the policy.
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It is very common place for people to loan their cars to coworkers, to family members or to friends, but under Florida’s dangerous Instrumentality Act, the vehicle, if it’s involved in the crash, because you’re the owner, it means that you are ultimately responsible. Indeed, the person who you loaned the car to, if there is a lawsuit may also be named as the wrongdoer, but you as the owner of the car will be named.
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For our loved ones to be abused in a setting where we have entrusted others to care for them can be absolutely overwhelming. It is important for you to try to visit as often as you can. If you can’t get there, ask family members or friends to go and try to go at different times so that your visits cannot be predicted or predictable by the administration or staff.
Secondly, you want to talk to the staff and lodge your concerns and complaints. Ask questions and if possible put your concerns in writing to them so that it is part of your loved one’s file.
Thirdly, keep a personal journal. Keep a record of when you’ve gone and what your findings were. What did you see? What did you smell? Any kind of things of importance you want to record them for your records and lastly, report your concerns to the corresponding agency. In Florida it’s the Florida Long Term Care Ombudsman. That’s your advocate who will investigate the claim for you.
Those are things that I would do.
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As a passenger in an automobile collision, who pays for the injuries that you have sustained, in short, really depends. It depends on several factors. The question is complex. It depends on who was at fault. Was the driver of the vehicle that you were in at fault? Was another vehicle at fault? The types of insurance coverage that the at-fault party or parties have, the type of insurance that you have, the types of insurance that family members in the same household with you have, which are called residential relatives, all of these issues culminate together and become very important in order to answer the question that you specifically have as to who pays for your injuries. It could be one; it could be all.
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Most often on the back of the ticket that you purchased for the sporting event in fine print, it will read that you are assuming the risks of being at that particular event and that you cannot sue the player or the facility. It’s there.
However, a closer look at the facts and circumstances of your particular situation may dictate that you may have a viable claim. If the injury that you sustained is because of faulty design, if it’s because of inadequate security, if your injury is because of inadequate clean up after a spillage or other inadequacies that you would not have anticipated as a spectator, you may in deed have a viable claim.
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Simply because you’ve had a prior incident which ended up including injuries does not preclude you from filing a claim and a subsequent, a second, or even a third accident claim. What you must be mindful of is the issue of causation. You must be able to recognize those injuries that you previously had that became worse or aggravated, versus those injuries that are indeed new. Those are factors that are going to be very, very important for you to distinguish, and you must talk to your lawyer so that that lawyer can help you navigate through the causation process.
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Being injured in any time is a bummer. Being injured while on vacation is an extra bummer. What you want to look at is whether or not you purchased travelers insurance and seeing what that particular policy says, that’s very important because generally, the state or the country where you were injured controls. What you want to do, first and foremost is go ahead and get the medical treatment that you need. While you’re there, try to get and keep all medical records that you possibly can so that you can return that with you. You want to take photographs of the scene, of the area where you were injured. You want to keep records of whom you spoke with. You want to file an incident report if you’re able to do so.
When you return home, continue with your medical care and contact the lawyer as soon as you can. Try to find one who is allowed to practice in the jurisdiction where you’re harmed or go to your lawyer and have him or her help you find a lawyer for you who can practice in that particular jurisdiction.
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If you believe that the acts of harm or neglect to your loved one in the nursing home was sufficient enough to file a lawsuit, then it’s probably a good idea to relocate your loved ones to a better and a different facility. Imagine what a jury would think if you were bringing this cause of action but your loved one is still in the same place. It may take a bit of time, some frustration of finding a new location, but it probably is necessary.
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You cannot sue yourself. You cannot be compensated for acts that you did to yourself. What Florida does allow, under it’s PIP, or Personal Injury Protection benefits provision, is it allows you to have medical care and be compensated for your lost wages up to the maximum amount of the coverage that you have purchased.
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Sometimes there are no witnesses to an accident. There still can be a case for you, and the way that it would be handled is to look for surveillance tapes or video films, either placed by there by businesses, nearby businesses, or by municipalities at intersections. If those options aren’t available, then your lawyer can hire an expert or an accident reconstructionist used as an expert to reconstruct the scene, use calculations and come up with determinations of how the incident occurred.
There are options available, but you do need to hire a lawyer with the experience and the resources to be able to handle this matter.
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Child play can result in some really significant damages to children. If a child is harmed by another child it is important for that parent of the injured child to contact the lawyer who is very experienced in handling child play matters. Among other things, one of the things a lawyer will look at is the home owners policy, insurance policy of the at fault child. That policy will become very important because the injured child will have medical cost, the parent will have lost time from work and there may be some greater time and medical costs that will be needed.
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Please do not sign any documents from any business for any reason before talking to a lawyer of your choosing after you’ve been involved in any kind of accident. It is important for you to understand the documents that you are signing because once they’re signed, they’re final. It’s a done deal. Make sure you have a lawyer who can look out for your best interest.
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It is very common place after a collision for at least two adjusters to give you a call. One adjuster will be from your insurance company and the other adjuster will be from the person who harmed you … the person who caused the accident. He or she will also call you.
They will be calling to get information under the guise of investigation but what they’re really calling for is to walk you in to a statement. Immediately after the collision when you don’t have time to really think about or consider or even know what your injuries are. The adjuster’s job is to minimize your damages. The adjuster works for the insurance company. He or she is not your friend no matter how nice they may be or how empathetic they may sound. They have a job and that is to minimize your damages so I suggest that you get … number one their full names. Number two, know with whom you’re speaking, know what insurance company they are calling from, know who they are supposed to be representing and simply tell them that you will have your lawyer give them a call.
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There are several types of adjusters. There’s a PIP adjuster, a property adjuster, a liability adjuster, uninsured motorist or under-insured motorist adjuster. It is important before you sign any documents for you to know what you’re signing and for you to read the entire document. I strongly suggest that you contact a lawyer to read those documents with you and decipher what they really mean because once the document is executed by you, that particular or those particular issues within that document means that’s final; it’s done. Don’t be so gullible or so quick to sign the documents, thinking, “I’m going to get money quickly,” because you may be signing many of your rights away.
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Medications work differently in different people and may have different effects on them. Both doctors and pharmacists are in the business of making you well. That is the intended purpose. If a medication is making you feel more sick, then it’s important for you to contact your doctor. If you can’t reach your doctor, contact your pharmacist, and let them know what your symptoms are. They can then counsel with you or perhaps even change the medication. It is not, in my opinion, a viable cause of action for a lawsuit because you have other options for making you feel better.
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Well accident injuries be it automobile collisions, slip-and-falls, dog bits, prescription errors, no one goes to jail in those kinds of cases for the injury sustained to you because it’s called a tort case. What you can get is money damages. You get a monetary award. There are three main categories when considering those monetary awards.
One is economic damages. That deals with your lost wages lost time from work. The second category under economic damages would be your medical costs. Medical costs that you have already incurred as a result of the incident itself and those medical costs that you are reasonably expected to have in the future as a result of the injuries that you have incurred for that particular accident.
The second category would be noneconomic damages. I like to call those human damages because that deals with your pain suffering, emotional distress, disfigurement and scarring, human damages. The third but yet very rarely is this third category considered and that would be punitive damages. Punitive damages are imposed when an egregious harm has occurred and it’s imposed as a warning for the bad acts of that at-fault party.
Those are the three main categories that we look at when determining your money damages
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To believe that your loved one in a nursing home is being abused where you have entrusted their care can be gut wrenching. It is important for you to look for some telltale signs. One, look for decubitus ulcers. Those are bed sores. Look on their back, look at their buttocks, look at the heels of their feet, look at both of their hip areas where they may be lying on one side or the other. You want to also check to see if the water pitcher is still full, but no water in the cup. If the food is still on the food tray and it has not been eaten. That may go to dehydration and malnutrition. Check for the smell. A smell of vomit, a smell of urine, a smell of feces … Goes to cleanliness. Check to see whether or not the roommate has anything to say if your loved one has a roommate. Listen to what your loved one is telling you, and just be vigilant for all of the signs that you think are important.
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If your child is in the care of someone else like a daycare center and is significantly injured while in that care, particularly at a playground, it is important for you to report that particular injury to the health department and to the authorities. Make sure that your child seeks medical attention. Make sure that you hire a lawyer, and so that that lawyer can investigate many issues, including the type of supervision that was being conducted while your child was there and the type of surface at the playground to see if that was a contributory factor in the injuries.
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PIP covers 80% of your medical costs and 60% of your lost wages up to the maximum benefits that you have paid for under your insurance coverage. Most folks have $10,000 benefits. Some have more. PIP also has a very special benefit and it’s called a death benefit and that death benefit is $5,000. It’s to be used for funeral type matters, funeral expenses.
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Causation is probably one of the most challenging parts to a personal injury case. It’s because you must show that the at-fault party either caused a new condition or made worse an old injury and whether it’s age or medical conditions that part of your case can be challenging.
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Negligence is the failure to use reasonable care that an ordinary person would do. Example: rear ending someone who is lawfully stopped, failing to abide by the leash law and allowing your dog to bite someone, or failure to have handrails downstairs and someone falls and can’t grab on to the handrail. Those are some examples of negligent actions.
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Slip and fall cases in Florida, it’s a little tricky because it requires the injured person to prove that the business owner knew or should have known that a danger existed, the danger for which they are now harmed existed. When you fall, or trip and fall or slip and fall, you’re embarrassed, most people want to get up quickly and you don’t have a sense of what caused you to fall, otherwise you probably would not have fallen. You must prove that the business owner knew or should have known that the injury occurred. You must also prove that you have injuries that either are new or pre-existing, which became worsened by the fall, and you must prove what your damages are, your medical costs, your loss wages, your future wages, and any future medical costs that you have are all related to the slip and fall that occurred in that particular business setting.
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In Florida, an automobile injury case requires you to prove at least four factors. One, that the crash was not your fault. It has to be somebody else’s fault. That’s called liability, and that the injuries that you have sustained, whether they are new injuries or pre-existing injuries that became worse, were caused by the crash. Third, that the damages that you are claiming of medical care, medical bills, pain and suffering, lost wages, scarring or disfigurement, perhaps you have been burned from this, all came as a result of the crash, and, lastly, it is very important that we prove that the conditions that you have suffered for has a permanent change to your body, called permanency.
It’s very important for you to contact a lawyer to help navigate through these four criteria, and make sure that you have the evidence to support your claim to support your case.
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Uninsured motorist coverage is a type of automobile insurance benefits that is geared to protect you, your family, and perhaps others who are in your car at the time of a collision. It’s geared therefore for situations where there is no insurance coverage on the part of the at-fault party or if the at-fault party does not have enough insurance so therefore the uninsured motorist becomes under-insured motorist coverage. It’s there for you.
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Pharmacists are held to a high standards as all other health care practitioners. It is important though that once you find out that you have taken a prescription that was not intended for you, stop it immediately. Call your doctor. Make sure from your doctor what you are supposed to receive. Let the doctor know if there are any symptoms. Call your pharmacist then. Report it to your pharmacy and the pharmacist. It is possible that the medication that you have been taking is the right medication but that the manufacturer has changed so it may look different.
It could also mean that you were given the wrong drug and someone else’s medication. You must then seek the kind of medical attention that your doctor has advised you to seek as a result of taking the wrong medication and then you want to follow up with a lawyer to determine how viable a legal claim is based upon the facts of your case.
I must remind you, the medication that you initially had that was the wrong medication, hold onto that. Don’t give it back to the pharmacy because you may need it as proof later. If you do give it back, take a photograph of the label and of the medication that was in the bottle so that you can show through proof how much you did take and how much was remaining.
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After an accident, really, depending upon the severity of the accident and the severity of your injuries, make sure that the authorities are called, 911, police officers, and if necessary, the ambulance. If you are able to, use your phone. Take photographs of the condition of the scene, the condition of your car, the condition of the other person’s car. If it’s in a business, take photographs of the surroundings, including the material that caused you to fall. Also, seek medical attention. Go to a doctor. Then make sure that you call a lawyer, an experienced one who knows how to navigate you through this process.
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After an accident, it is important and necessary for you to indeed report the incident to your insurance company. However, you should do so after you have sought medical attention that you need and after you have calmed and calmed down and are able to assess the situation, so that you can answer the questions that are going to be posed to you by the insurance company and they will indeed have some questions for you. I also would advise that you wait until you’ve hired a lawyer and then you can do that in the presence of your lawyer in terms of reporting it to your insurance company. That way all the questions can be answered and answered properly.
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Being injured while in the scope and course of your employment brings in to effect potentially three different types of insurance matters. One is your employer because you were indeed working, the second is the person who caused you harm and that’s the liability insurance coverage, and the third is your own personal automobile insurance coverage which has personal injury protection or PIP in Florida, as well as underinsured or uninsured motorist coverage if you have those particular benefits. It is important for you to indicate to your human resource adviser at your job and complete the requisite forms so that you do that as quickly as you can, and it’s important for you to talk to a lawyer to help you migrate through the system and make sure that you get the kind of counseling that you need for the compensation you deserve.
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In instances of dog bite injuries here in Florida, the person that you look to for suing is the home owner. The home owner would then have home owner’s insurance. The home owner’s insurance will cover the injury claim unless there’s an exclusionary cause for the dog in the home owner’s insurance. If that is the case, then you have to look to the owner itself. If the owner of the dog is not the home owner, then you must look to the dog’s owner and to the home owner for recovery for the injuries that you have sustained.
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There person who caused the accident is the person who is responsible for paying the damage to your vehicle. As you remember, Florida drivers are required to carry PIP and property. Property coverage is what pays for your vehicle. If, by chance, the person does not have valid insurance, then hopefully you have on your own coverage collision. Your collision coverage will then make the repairs to your vehicle. You would need to pay the deductible, which is usually $500. Your insurance company will then try to get that money reimbursed to you, and your car will then be repaired.
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Being a victim of a medication error is frustrating. I’m sure that you want to hold the person or persons responsible who caused you harm. There’s financial harm because medical bills mount and as medical bills mount because you are unable to work that means that you also have lost earnings and those factors, it’s a high cost for you to pay. It’s very important for you to contact a lawyer with experience in both medication and pharmacy matters and legal matters to help you determine who really is the culprit or who are the culprits because it may be more than one person, so that you can get the justice that you deserve for the error and the harm that was done to you.
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Although in a personal injury lawsuit, we name the at fault party, be it a person or a business, the actual entity that pays the entire claim is the insurance company who represents the person. It is where that an individual pays personally for injuries sustained by the person whom they harmed.
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In the vehicular accident, although in Florida, every vehicle is supposed to have insurance, there is no guarantee that the at fault party is carrying any insurance at all. If they are carrying insurance, it is no guarantee that they are carrying liability insurance which can protect you or if they’re carrying enough liability insurance for the injuries that you have sustained. It is important then for you to protect yourself and to have uninsured motorist benefits that will then protect you in those circumstances. Uninsured motorist is also considered as under insured motorist in instances where the at fault party does not have enough coverage.
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There are indeed situations where you should use your automobile insurance coverage even when the accident was someone else’s fault. First reason is because you’ve been paying for that benefit each month to the insurance company, so unless you want to give them free money, use the insurance. That’s what it’s there for. Second reason is because the person who is at fault may not have the kind of insurance coverage to protect you, so protect yourself, use the insurance that you’ve been paying for.
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In most instances … if not all instances … it is preferable for the parties to try to negotiate and work out their disagreements in a form of a settlement as opposed to going to trial and having a jury make the decision for them.
However in some instances, you may not have a choice. In order to get the justice that you feel that you deserve, a jury trial may in deed be the best answer for you. I’m sure that the lawyer that you select will have the experience to navigate you through this process and ensure that the facts of your case are laid out for that jury so that the wrongs can be made right on your behalf.
