Florida Insurance Claims Lawyer Blog

Six employees of the juvenile detention facility where an 18-year-old boy named Eric Perez mysteriously died last July were fired this week. The firings occurred in spite of an ongoing investigation into Perez's death where officials have yet to release a cause. Our Palm Beach injury lawyer was saddened to learn that, according to an article published by the Palm Beach Post, Perez died on July 10, 2011 at the Palm Beach Regional Juvenile Center at approximately 8 o'clock in the morning.

Although the exact details have not all been determined at this time, a time line of the events leading up to Perez's passing has emerged. July 9 was Perez's 18th birthday, and some of the guards apparently "horsed around" with him that night before performing his nightly search and returning him to his room. Around 1:30 in the morning on July 10, Perez was observed by guards in his room, and he appeared to be suffering from some kind of hallucination. Not long after, Perez vomited, but he was given a soda and returned to his room for the night. The following morning, he was discovered unconscious in his room. Paramedics were summoned, but by that time, it was too late for them to help him. Eric Perez was pronounced dead at 8:10 on the morning of July 10.

An already-devastating situation for Perez's family has become even more difficult because of the lack of answers. However, the firing of these guards does indicate a general feeling that whatever the conclusions of the final report, they did not act with the required standard of care. As with virtually all state employees, the guards will have the right to appeal the decision and to be heard in their own defense. Each guard's likelihood of success depends upon his personal level of involvement and what he did - or failed to do - on the night that Eric Perez died.

Under Florida negligence law, people are generally not required to assist others who are in need of medical attention. However, when the person in need is in the care of the state, like Eric Perez was, a duty arises and guards are required to assist prisoners. The main reason for this rule is that prisoners are totally reliant on guards to do everything from calling an ambulance to allowing a doctor access to a patient. The nearly absolute power and control that guards exercise over prisoners therefore carries with it an enormous responsibly.

Our Palm Beach wrongful death attorney knows how important it is for families of people who are subject to the care of the state to feel that their loved ones are safe, whether they be inmates at a Florida detention center, residents of a Florida assisted living facility, or a ward of the state. No matter the situation, the state has a moral and a legal obligation to provide proper care to those who must rely on it. If your loved one has suffered an injury at a state facility due to neglect or abuse or passed away while in the care of state employees, he or she may have a right to receive compensation from the state. Additionally, if there is ongoing abuse or neglect, our Palm Beach personal injury lawyer may be able to help stop your loved one and others from continuing to be victimized. Too often, violence and neglect continue because victims are too afraid to speak out against their abusers. Our Palm Beach injury attorney will keep your case confidential and explain your options fully so you can make an informed decision about whether or not to proceed. Give our office a call today to schedule your confidential consultation today.

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Our Palm Beach legal malpractice attorney was interested to read recently in the Sun-Sentinel that the complaint against State Attorney Michael McAuliffe has been dismissed by Florida's Commission on Ethics after the complaint was deemed legally insufficient. The complaint, which was filed by a police officer named Rick Sessa earlier this year, alleged that McAuliffe had abused his prosecutorial discretion by dropping and reducing charges against two other police officers. The two officers in question were caught on video beating and kicking a suspect after he had been subdued and handcuffed. Sessa's complaint against McAuliffe charged that McAuliffe had dropped charges against one officer altogether and dropped the charges against the other down to a misdemeanor, all in hopes of gaining the endorsement of the Police Benevolent Association for an upcoming re-election bid.

The Florida Commission on Ethics dismissed the complaint, saying that Sessa failed to allege enough concrete facts to support his claim. They ruled that the complaint consisted mainly of speculation and conclusion-drawing. The Commission's decision does not reflect the validity of the charges against McAuliffe; it is simply a legal conclusion that states there simply is not enough evidence to move forward on the complaint.

Part of what makes it difficult to prove a claim like this one is that state attorneys like Michael McAuliffe have an enormous amount of discretion in determining whether or not to bring charges against any individual and what charges to pursue. The reason for giving prosecutors so much discretion is to allow them to take circumstances into consideration when deciding whether or how to prosecute. For example, a young man who steals food from a grocery store to feed his family may not be prosecuted the same way as he would be if he stole a television or other non-necessity. Because of all of the many ways that a particular law can be technically violated, it is usually not practical or reasonable to try to include them in the language of the law itself. The prosecutor's nearly unfettered discretion allows him or her to make the exceptions that are necessary.

Additionally, prosecutorial discretion serves the purpose of allowing for the limited resources available to the state attorney's office to be used efficiently. Because prosecuting any suspect costs money, prosecutors must determine which crimes should be prosecuted most vigorously. Prosecutors must be able to make those choices without fearing retribution by victims, victims' rights groups, and other state officials.

As a Palm Beach legal malpractice lawyer, Attorney Eric Luckman understands and appreciates the importance of avoiding any even questionably unethical conduct. Under Florida attorney ethics law, many situations do not allow for easy answers, and sometimes what seems like the best answer to a moral question is not the correct answer under the law. Still, it is a very big part of any attorney's job to be aware of and sensitive to legal ethics laws. If you have witnessed what you believe could be unethical behavior on the part of an attorney or received treatment that you believe could be a violation of Florida's ethics laws, our office may be able to help you or other victims get compensation. Give our office a call today to schedule an appointment with our West Palm Beach legal malpractice attorney.

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The National Transportation Safety Board, an agency of the federal government, announced its plan to push states across the country to adopt a complete ban on using cell phones while driving. While many states already have at least some restrictions in place, Florida has continued to resist the ever-building pressure to outlaw the use of cell phones while driving.

According to an article in the Palm Beach Post, our Palm Beach car accident lawyers know that the resistance to federal pressure is nothing new for the state of Florida. Years ago, state lawmakers struggled to push through a law requiring motorists and their passengers to wear safety belts. It was not until the federal government threatened to withhold additional funding for state roads that the Florida legislature was finally able to come to an agreement on the seat belt law.

Legislators who oppose the ban on talking and texting while driving cite the fact that government involvement in the private lives of individuals continues to increase year after year, with more and more laws being passed with the overall goal of making life safer. While everyone can agree that safety is a good thing to promote, some legislators are resistant to forcing people to give up their freedom to choose their own risk levels in exchange for safety. The seat belt law is a prime example of this. The legislators who opposed it did so because they wanted to protect the freedom of citizens to decide whether or not to utilize a safety belt. The fewer aspects of individuals' lives that the government can control, the less freedom the citizenry retains.

However, some legislators argue that the talking and texting ban is different. Unlike with the seat belt law, which in most cases affects only those who are actually making the decision, a ban on talking and texting while driving often has devastating consequences for other people on the road, not just the person using the phone. In that sense, it is more akin to drinking and driving than to using a seat belt because talking or texting while behind the wheel puts everyone on the road in danger. In fact, although legislators have been resistant to implementing a ban, studies have shown that 87 percent of drivers would support a ban on talking and texting.

Our West Palm Beach injury lawyer knows that talking on the phone or texting while driving can be a big contributing factor in Florida car crashes. While it is often tempting to reach for that cell phone and try to use your time in the car productively, it is also very dangerous. We know that Palm Beach car accident injuries can be severe even in low-speed crashes, and sometimes a fraction of a second of reaction time can be the difference between a minor impact and a major impact. When you are distracted by your cell phone, you simply cannot react as quickly, especially if you have taken your eyes off the road for a second or two. Regardless of whether the state of Florida decides to implement a cell phone ban or not, we encourage drivers to use their cell phones only when necessary and to pull over before sending or reading text messages. It will help keep everyone on the road safer.

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Our West Palm Beach injury attorney is well aware of the reasons that controlled substances of all different varieties are so heavily regulated in the United States. Many of the prescription and over-the-counter drugs that Americans use every day provide invaluable benefits to people who are suffering from all kinds of illnesses and ailments. However, these drugs often come with side effects, which in some cases can be positively devastating. One need only spend a few minutes channel surfing to come across at least one television commercial promoting the latest drug to remedy everything from high blood pressure to arthritis and everything in between. But these same commercials, after telling consumers how beneficial the drugs are, also inevitably contain a laundry list of potential side effects, with some even warning of the possibility of death.

These side effects are not limited to physical conditions. On the contrary, many drugs, especially those designed for people suffering from depression, bipolar disorder, schizophrenia, or another type of mental illness, can produce unexpected and sometimes dangerous effects on the patient's mental processes. In some situations, such effects have caused patients to do things that they otherwise would never have dreamed of doing.

According to an article from the Palm Beach Post, attorneys for Alfred Infosino are arguing that this is precisely what happened to their client. Infosino, now 83 years old, is accused of beating his girlfriend Rita Chirel to death last year. After killing Ms. Chirel, Infosino called 911 and told the operator what had happened. According to courtroom testimony, Infosino appeared to be shocked at what he had done. His attorneys are trying to convince a jury that Infosino's actions were the result not of his own will but of a psychotic break brought on by an anti-depressant drug known as Remeron or Mirtazapine. They claim that Infosino began exhibiting warning signs as early as two months before he attacked Ms. Chirel.

Our Palm Beach product liability lawyer, know that stories like this sometimes carry with them the possibility of civil claims in addition to the criminal charges brought against Infosino. If proper warnings were not provided for this drug, there is a potential for a products liability claim against the manufacturer of the drug. Although the story from the Palm Beach Post does not say whether such a warning was given, it still provides a valuable lesson on the importance of being aware of any possible side effects of the drugs you take and those that your loved one takes.

As personal injury lawyers in West Palm Beach, we know all too well the dangers posed by a failure to monitor prescription drug use and effects properly. Given the current Florida nursing home crisis, careful monitoring by friends and relatives, even those without any formal medical training, has become of utmost importance. If your loved ones are taking any kind of prescription medicine, make sure that you and they know the dangers associated with those drugs. Do not be afraid to ask questions, and help them to identify any warning signs you see that they perhaps cannot.

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Our West Palm Beach injury attorney was saddened to read about an investigation by The Miami Herald this week. The story revealed how the investigation has uncovered a tragic and frightening trend occurring in Florida and most likely in other states across the nation. The state has closed down many mental hospitals, forcing the patients housed there to be relocated. With other mental hospitals filled to capacity, the state has been forced to relocate many of the patients into assisted living facilities that were originally intended to house only the elderly. Additionally, more and more mentally ill patients have been put into smaller areas, with some neighborhoods becoming havens for patients suffering from all kinds of problems.

The combination of patients with widely varying illnesses with each other and with elderly patients who are sometimes not able to defend themselves has created an explosive situation. Cases of rape, assault, and murder have been reported. According to an article by NPR, these problems are greatly exacerbated by inattentive, negligent, and often even abusive staff who fail to provide the treatment and care that their patients require.

In one neighborhood in the city of Lauderhill, Florida, a police officer is fighting back against these terrible conditions, doing all that he can to make things better for the people who live there. This particular area is has so many issues that police respond to calls from that location an average of once every four hours. That's six calls a day just for one small area. The patients in this area are often violent, but in some cases, when police have arrived, they have found already bad situations that were made worse because the staff members who are being paid to keep patients safe were sleeping on the job or otherwise unaware of what was happening.

Officer Tom Merenda does what he can to treat the patients with dignity and respect and to keep them safe. Sadly, he often finds himself protecting them from harm in spite of, rather than along with, the staff. On one occasion, police came to the scene to find a mentally ill patient who had stabbed another patient. The man was covered with blood and incoherent, as he had been for hours, because the caregiver on duty had slept through the incident.

Do you have a friend or family member that may have experienced Palm Beach nursing home neglect? Whether your loved one is an elderly patient or a patient who suffers from some kind of mental affliction, the staff members charged with caring for him or her are responsible for maintaining a safe environment, as well as responding quickly in the event of a dangerous situation. If your loved one has suffered any kind of injury or harm while staying in an assisted living facility, give our Florida nursing home neglect attorney a call to discuss what your options are and where to go from here. Patients who have experienced Palm Beach nursing home abuse or neglect may be entitled to compensation, which can help pay for moving them to better homes where they will receive the care they need.

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