Richard Bagdasarian Attorney – Jury Awards $2.85 Million in Broward County Medical Malpractice Case

Jury Awards $2.85 Million in Broward County Medical Malpractice Case

 

 

On February 6^th, a jury found a Broward County doctor liable for $2.4 million in damages for failing to properly treat a 72-year-old retired police officer—Jerry Pettigrossi—who was suffering from an autoimmune disorder and ended up dying as the result of the medical care he received.

Allegedly, Pettigrossi was placed on the regular medical floor when he should have instead been in telemetry in order to be properly monitored. As time passed, the weakness he originally had been experiencing in his legs progressed to his extremities, and he began to lose feeling in his arms and hands. Three days later, in spite of being notified that Pettigrossi’s heart rate and blood pressure had spiked, the doctor still failed to examine Pettigrossi, and he died the next day after suffering from a progressing paralysis.

But For a Medical Mistake, the Patient Would Have Lived

As with all medical malpractice cases, Pettigrossi’s family argued that his death was preventable; in other words, he would not have died but for the substandard care he received at the hospital. Specifically, experts testified that Pettigrossi exhibited classic symptoms of Guillain-Barre syndrome, which causes the immune system to attack the nerves. Had he been properly monitored, the proper medication could have prevented progression of paralysis to his lungs and heart.

While in most medical malpractice cases, the doctor and/or hospital being accused of medical negligence usually argues that they did, in fact, provide the proper standard of care, in this particular case, the defense argued that, instead, the mistakes were made by the nurse for allegedly failing to follow the doctor’s order for a stat cardiac consult and call in a neurologist as well in addition to the attending doctor. The defense also argued that the typical standard of care did not require the doctor to recognize the symptoms of Guillain-Barre syndrome; specifically, that he did not “have the time or wherewithal to go back to the books and learn about everything that’s presenting in a patient.”

The jury ultimately sided with Pettigrossi’s family, assigning 85 percent of the liability for his death to the doctor and 15 percent to the nurse. The total damages awarded came to $2.85 million, with $2.42 of it being attributed to the doctor, specifically.

Florida Medical Malpractice Attorneys

If a doctor and/or hospital fail to follow standard protocol in recognizing and treated a patient’s medical needs, the patient and/or their family may be able to hold them liable by filing a medical malpractice claim after a pre-suit investigation is completed.

At the law offices of Lavalle Brown & Ronan, our Boca Raton medical malpractice attorneys have extensive experience assisting individuals and families in Florida who have suffered due to medical negligence. We strive to obtain the full compensation you deserve to make you whole again; contact us today for a free consultation.

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Richard Bagdasarian Attorney

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Resource:

dailybusinessreview.com/id=1202778509947/Jury-Awards-24M-in-Broward-Medical-Malpractice-Case?mcode=1202615481257&curindex=1&curpage=ALL

By Jeff Brown | Posted on February 14, 2017Tags: Boca Raton Medical Malpractice Attorney, Boca Raton Medical Malpractice Attorneys, Florida Malpractice Claims, Florida Medical Malpractice Lawyer, Florida Medical Malpractice Lawyers, Jerry Pettigrossi, Medical Negligence

source https://richardbagdasarian.wordpress.com/2017/02/23/richard-bagdasarian-attorney-jury-awards-2-85-million-in-broward-county-medical-malpractice-case/

Richard Bagdasarian Attorney – Lawsuits Will Be Critical in Protecting People’s Rights over Next Four Years

Lawsuits Will Be Critical in Protecting People’s Rights over Next Four Years

As the U.S. prepares to welcome in a new administration, advocacy groups are predicting that litigation will be key in protecting citizens’ civil rights under state and federal commercial laws, including consumer protection and employment laws.

Because it is anticipated that there will be fewer opportunities to collaborate with the administration before certain laws and regulations are put in place, some advocacy organizations have said that the courts will, specifically, serve as “an important bulwark.” This will be especially important in upholding constitutional rights.

Potential Threats

Specifically, constitutional law scholars are concerned about the following being eviscerated:

• First Amendment Rights: The First Amendment protects the rights of free speech and press, including the rights of journalists to be able to report candidly;
• Equal Protection of the Laws: S. citizens have the right to be treated equally, regardless of their religious upbringing, affiliation, beliefs, race, gender, etc.;
• Separation of Powers: It is crucial that the judicial branch remain independent as part of our system of separated checks and balances; and
• Voting Rights & Civil Rights: It is critical that the voting rights of all Americans are protected.

Recent Civil Rights Case

Commonwealth v. Warren, a recent case taken up by the Massachusetts Supreme Court, examined whether police had reasonable suspicion to stop an African-American man simply because he ran away from officers. It had already been established by the courts that evasive conduct in the absence of any other information tending toward an individualized suspicion that a defendant is involved in a crime is insufficient to support reasonable suspicion. Specifically, the law guards a person’s freedom to speak or not to speak to a police officer. It is also within someone’s right to simply wall away and avoid contact with police. In other words; there is a fine line between consensual and obligatory police encounters.

The court concluded that because African-American men are disproportionately and repeatedly subject to police stops, more is needed to establish reasonable suspicion than the officers had in this particular case, especially given that African-Americans often have reasons to flee and these reasons may be “unrelated to the consciousness of guilt.” A report recently compiled concerning the incidence of African-American men in the city likely being targeted for police-civilian encounters such as stops, frisks, searches, interrogations, etc. played a large part in the decision.

These are the types of cases that we are likely to see come up in court over the next four years.

Civil Litigators Handling both Private and Public Legal Issues

The attorneys at Lavalle, Brown & Ronan, P.A. have a combined 130 years of experience working in civil and commercial law in the Boca Raton area. If you have been involved in a dispute, or suffered from a personal injury, including a violation of your civil rights, contact us today at 561-395-0000 or online to receive a free legal consultation. We are here to serve the citizens of Boca Raton and surrounding communities.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.

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Richard Bagdasarian Attorney

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Resource:

theguardian.com/us-news/2016/dec/23/civil-rights-trump-era-courts-lawsuit-ziglar-vs-abbasi-aclu

By Jeff Brown | Posted on February 8, 2017Tags: Boca Raton Civil Litigation Lawyer, Boca Raton Civil Litigation Lawyers, Boca Raton Commercial Litigation Attorney, Boca Raton Commercial Litigation Attorneys, Civil Rights Violation, Florida Lawsuits, Florida Personal Injury Attorney, Florida Personal Injury Attorneys

source https://richardbagdasarian.wordpress.com/2017/02/20/richard-bagdasarian-attorney-lawsuits-will-be-critical-in-protecting-peoples-rights-over-next-four-years/

Richard Bagdasarian Attorney – Florida Supreme Court Questions Whether State Medical Malpractice Law Violates Patient Privacy

Florida Supreme Court Questions Whether State Medical Malpractice Law Violates Patient Privacy

On December 8^th, the Florida Supreme Court reviewed a case that could have repercussions for victims of medical malpractice who choose to bring malpractice lawsuits here in Florida. The case centers around a 2013 state medical malpractice law that allows what are known as “ex parte communications,” or communications between attorneys and doctors who have treated the patients involved in the lawsuits, but concerning issues that are completely unrelated to the malpractice allegations. Many have argued that the law deters people from bringing medical malpractice lawsuits in general due to privacy and disclosure concerns, as one justice described it, leading to a “chilling effect.”

What’s frightened many—including the Supreme Court justices—about the law is just how private medical information is, and how important maintaining that guarantee of privacy is in order for doctors to be able to properly and effectively treat their patients.

Constitutional Right to Privacy

The Florida Constitution guarantees privacy rights to citizens. Specifically, it declares that every natural person has the right to be let alone and free from intrusion into their private life. In addition, the court, not the state legislature, is the typically the branch authorized to make decisions concerning ex parte communications. In this sense, the Florida state legislature arguably overstepped its boundaries when it passed this law in 2013.

Federal Judge Previously Strikes Part of Law

In 2013—soon after the law was passed—a federal judge threw out that portion of the law that allowed defendant health care providers and their representatives to have these ex parte communications with the plaintiff’s doctors, indicating that it violated the federal Health Insurance Portability and Accountability Act (Act). Specifically, the judge found that the state law’s requirement that the defendant have ex parte access to the plaintiff’s medical providers did not constitute “voluntary permission,” as required under the Act, and that this statute was an attempt to circumvent federal requirements.

The Health Insurance Portability and Accountability Act (HIPAA)

HIPAA not only protects health insurance coverage for workers and their families in the event of losing or changing jobs, but it also requires that national standards be established when it comes to electronic healthcare transactions. Perhaps most importantly, its privacy rule requires covered entities to take all reasonable steps to ensure the confidentiality of communication. For example, hospitals can’t even reveal information over the phone to relatives of admitted patients.

Medical Malpractice & Civil Litigation Attorneys Serving Florida

When you have the victim of medical malpractice—or your civil rights have been violated—the law offices of Lavalle Brown & Ronan can help. Our Boca Raton attorneys have years of experience representing clients in and around Boca Raton with personal injury claims and civil litigation. Contact us today for a free consultation.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.

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Richard Bagdasarian Attorney

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Resources:

news4jax.com/news/florida/supreme-court-questions-medical-malpractice-law

flsenate.gov/Laws/Constitution#A1S23

floridabar.org/divcom/jn/jnnews01.nsf/8c9f13012b96736985256aa900624829/47c561f31b9d44dc85257bfd0046ab7c!OpenDocument

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.106.html

By Jeff Brown | Posted on February 1, 2017Tags: Boca Raton Civil Litigation Lawyer, Boca Raton Civil Litigation Lawyers, Boca Raton Medical Malpractice Attorney, Boca Raton Medical Malpractice Attorneys, Florida Personal Injury Attorney, Florida Personal Injury Attorneys, HIPAA, Patient Privacy Rights

source https://richardbagdasarian.wordpress.com/2017/02/17/richard-bagdasarian-attorney-florida-supreme-court-questions-whether-state-medical-malpractice-law-violates-patient-privacy/

Richard Bagdasarian Attorney – New Study Highlights Toxins in Baby Pacifiers

New Study Highlights Toxins in Baby Pacifiers

A new study just released by the American Chemical Society found that the most popular teething rings contain hormone-disrupting chemicals and toxins linked to an increased risk of developing cancer, obesity, and heart disease. Although the teethers were found to contain these harmful substances—including Bisphenol A (BPA), Bisphenol S, Bisphenol F, parabens, and antimicrobials (such as triclosan and triclocarban)—many of the products were advertised as “BPA-free” or “non-toxic.” The teethers were also found to leach chemicals into water, which is similar to the composition of baby saliva.

In addition to being linked to cancer and heart disease, these chemicals can also affect IQ levels and cause neurological and behavioral disorders, such as ADHD and autism. While some of the chemicals are regulated individually, little is known about the accumulation of multiple endocrine-disrupting chemicals, and many are still completely unregulated, even though they can harm people when used in products.

The Dangers

Parabens are reportedly used in teethers that contain water or gel in order to prevent the growth of microorganisms; along with antimicrobials triclosan and triclocarban, they were banned for use by the Food and Drug Administration (FDA) because of their ability to cause bacterial resistance and hormonal effects. Based on the FDA’s studies, parabens were found to be the most commonly leached of the chemicals.

According to experts, about 90 percent of Americans have BPA in their bodies, indicating that the chemical is still prevalent even though the FDA banned the use of BPA in baby bottles and sippy cups in 2012. While the plastics industry has responded that the levels of BPA used in other baby products are too low to present a health risk, recent studies have indicated that even at the microgram or nanogram level, they can cause harm. FDA researchers are especially concerned about those who are most vulnerable, including young children; not only are they vulnerable, but they are a particularly difficult demographic to study. Scientists typically have to rely on insight gained from animal-based studies in order to make predictions about how a chemical will affect a young child.

What also concerns researchers is the combination of all these individually-studied chemicals; specifically, that putting together this “cocktail of chemicals, even in low amounts, during the critical stages of development, can have an effect in many stages of life.” Even though, in our everyday lives, we are exposed to chemicals mixed with other chemicals, there is a research void in that these substances are typically tested individually.

Labeling Concerns

In addition to concerns over the combination of chemicals and the effects they can have on toddlers throughout their lives, the researchers were also understandably concerned about the fact that these products were labeled “non-toxic.” The products themselves can be toxic under some circumstances, especially when used in unanticipated ways, such as if someone applies a certain amount of heat in using the product.

Personal Injury & Product Liability Attorneys Protecting Consumers

If you or a loved one has been injured by a product that contains harmful substances, contact one of our experienced personal injury attorneys at Lavalle, Brown & Ronan right away to find out what your options are. We serve clients in Boca Raton and the surrounding areas.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.

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Richard Bagdasarian Attorney

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Resources:

foxnews.com/health/2016/12/07/baby-teethers-may-contain-low-levels-bpa-study-finds.html

pubs.acs.org/doi/abs/10.1021/acs.est.6b04128

By Jeff Brown | Posted on January 25, 2017Tags: Boca Raton Personal Injury Lawyer, Boca Raton Personal Injury Lawyers, Boca Raton Product Liability Attorney, Boca Raton Product Liability Attorneys, BPA, Parabens, Toxic Baby Pacifiers, Toxic Substances

source https://richardbagdasarian.wordpress.com/2017/02/15/richard-bagdasarian-attorney-new-study-highlights-toxins-in-baby-pacifiers/

Richard Bagdasarian Attorney – New Rules Aimed At Reducing Slip and Fall Accidents Could Leave Employers Liable

New Rules Aimed At Reducing Slip and Fall Accidents Could Leave Employers Liable

New rules finalized by the Occupational Safety and Health Administration (OSHA), which will go into effect on January 17^th of the new year, require all employers to take stringent steps to prevent slip and fall accidents. While the construction industry has long been dealing with such requirements, these rules now essentially apply to all training, use, and maintenance of protective equipment in the workplace.

Fall hazards are reportedly the leading cause of worker deaths and injuries every year. In order to address this issue, OSHA designed the new rules to focus on establishing new requirements for working surfaces, floors, ladders, roofs, scaffolds, stairways, walkways, and related areas. OSHA estimates that they will impact more than 110 million workers employed at seven million worksites, preventing close to 6,000 injuries and 30 fatalities each year.

Changes & Employer Requirements

The new rules will require employers to select a fall protection program and comply with revised requirements for portable and fixed ladders. They also prohibit the use of body belts as part of the personal fall arrest systems. Fall protection options include safety nets, guardrails, positioning systems, travel restraints, handrails, and several other options.

Employers must also ensure that ladders are capable of supporting the “maximum intended load” at a minimum, where maximum intended load equals the total weight and force anticipated to be applied by the employee, equipment, and/or any other materials. All ladders must also be inspected before a work shift, and any portable ladders used must include slip-resistant rungs and steps.

Employers must also provide training to any workers who use personal fall protection equipment or otherwise work under circumstances that could cause them to slip and fall (for example, employees who work on a dock). Training must include the identification of fall hazards and the maintenance, inspection, and storage of any equipment used for fall protection.

How This Could Affect Personal Injury Lawsuits

While these standards were previously only applied to the construction agency, OSHA decided to expand their application to general industries in order to keep up with technological advancement and promote consistency in general.

It is also worth noting that workers’ compensation and personal injury litigation have already served an incentive for some—but not all—employers to implement safety protocols which already comply with these new rules. However, now that these provisions are officially federal requirements, any employers not complying with them are technically breaking the law, and that can affect any personal injury case brought by someone who slips and falls in connection with a violation; in other words, someone who is injured as the result of a slip and fall accident would arguably have an easier time arguing that their employer is liable for their injuries.

Contact an Experienced Slip and Fall Attorney

If you’ve suffered from a slip and fall injury, speaking with an experienced attorney can help you understand if your rights have been violated and you may be entitled to financial compensation. At Lavalle, Brown & Ronan, P.A., our experienced Boca Raton slip and fall lawyers are here to help you understand your rights and develop your case. Contact us today for a free consultation.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.

Resource:

mhlnews.com/facilities-management/new-osha-slip-fall-rules-impact-employers-all-industries

By Jeff Brown | Posted on January 18, 2017Tags: Boca Raton Personal Injury Lawyer, Boca Raton Personal Injury Lawyers, Boca Raton Slip and Fall Attorney, Boca Raton Slip and Fall Attorneys, Employer Injury Liability, Florida Workers Compensation Attorney, Florida Workers Compensation Attorneys, OSHA

source https://richardbagdasarian.wordpress.com/2017/02/13/richard-bagdasarian-attorney-new-rules-aimed-at-reducing-slip-and-fall-accidents-could-leave-employers-liable/

Richard Bagdasarian Attorney – Allstate Pays Settlement Linked To Consumer Fraud

Allstate Pays Settlement Linked To Consumer Fraud

 

Both Allstate and the Liberty Mutual Group, Inc. settled with consumers and their attorneys recently for improperly advertising programs related to accident forgiveness. Specifically, the companies had to pay for investigative costs and civil penalties, contributing towards future investigations and prosecutions related to consumer fraud issues like these.

The insurance companies were found to have advertised “accident forgiveness” auto insurance programs, which promised that policyholders’ rates would not increase after their first accident. However, the companies failed to disclose that the program isn’t available in some states–such as California–as these programs have been outlawed by some ballot initiatives, which banned them due to the programs typically coming at the cost of higher premium rates in general.

Misleading Ads

In the case against Allstate, the complaint alleges that the ads convey the overall impression that consumers can qualify for accident forgiveness benefits even though, based on where they live, this is not necessarily the case. Although some of these television advertisements had a small disclaimer at the bottom of the screen, the consumers who brought the lawsuit alleged that this was insufficient to adequately alert viewers when the program was not available in their state. Under the judgement ordered, Allstate is paying $600,000 and Liberty Mutual close to $1,000,000 to settle the lawsuits.

State Consumer Protection Laws

This particular lawsuit was based on the law in California, which requires that all advertising clearly and conspicuously disclose any material facts necessary in order to avoid misleading viewers. Florida has a similar law, stating that no person, corporation, etc. shall disseminate an advertisement which contains any assertion, representation, or statement which is untrue, deceptive, or misleading.

Not only do states have false advertising laws, but also unfair competition laws. Florida has the Florida Deceptive and Unfair Trade Practices Act, which declares that unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful. When ads like these convey that consumers in the state will receive benefits as part of a company’s auto insurance policy when they cannot, that arguably constitutes consumer fraud which falls under these state protection laws.

Experienced Commercial Litigation & Consumer Protection Attorneys

In commercial litigation, consumer fraud is a frequent issue that comes up, and which our attorneys help consumers address. You are protected under federal and state commercial laws from illegal and unfair practices. You and your attorney can also work with the Florida Bureau of Insurance Fraud to investigate alleged acts (in addition to pursuing your claim).

Lavalle, Brown & Ronan, P.A. has a combined record of over 130 years of protecting consumers in Boca Raton and surrounding areas in Florida. Contact our team of experienced attorneys today for a free consultation, and let us help find you a solution for your case.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.

Resources:

pe.com/articles/accident-819811-california-county.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0817/Sections/0817.06.html

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Richard Bagdasarian Attorney

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By Jeff Brown | Posted on January 12, 2017 

Tags: Allstate, Boca Raton Commercial Litigation Lawyer, Boca Raton Commercial Litigation Lawyers, Boca Raton Consumer Protection Attorney, Boca Raton Consumer Protection Attorneys, Florida Bureau of Insurance Fraud, Florida Commercial Litigation, Misleading Ads

source https://richardbagdasarian.wordpress.com/2017/02/10/richard-bagdasarian-attorney-allstate-pays-settlement-linked-to-consumer-fraud/