Posted On: May 28, 2009

Fort Lauderdale Personal Injury Attorney: Victim of Medical Malpractice Gets Her Day in Court

Broward injury lawyer Andrew Alitowski recently heard about an outrageous, devastating case of medical malpractice, among the worst he has ever seen, which affected a Davie resident. Lisa Strong, a mother of two, worked at a mall. She fell ill with shooting pain and a high fever. When the fever hit 106 degrees, she decided she had to go to the emergency room. There, she explained to the staff that she believed her illness was due to a kidney stone, as she had a history of such stones that had displayed similar symptoms.

The events that followed will shake any patient’s faith in emergency room services, says Fort Lauderdale accident attorney Alitowski. The nurse apparently notified the attending physician of Lisa’s rapidly deteriorating condition. Dr. Laurentina Kocik was on duty and she contacted Dr. Jason Strong (who is unrelated to Lisa), because Lisa’s insurance designated him as the contact physician in the event that her primary care doctor was unavailable. Dr. Kocik did not write on Lisa’s report that she had a suspected kidney stone, a move she says she regrets “a million times.” Still, Dr. Kocik insists she conveyed to Dr. Strong by telephone that Lisa likely had a serious kidney stone.

Dr. Strong agrees that the two spoke by telephone, but has no recollection of being advised that his patient had a kidney stone – or that her condition had deteriorated into septic shock. Lisa’s condition had grown dire, but he claims this information was not transmitted to him. Instead, he made a diagnosis of a gallbladder condition, which was incorrect. Dr. Strong handled the case by phone, without examining the patient, which is considered normal procedure.

The finger-pointing is common in any instance where there is likely more than one person at fault for the injuries of another. In this case, Dr. Kocik insists that she conveyed to Dr. Strong the seriousness of the patient’s illness and that she did not pass off Lisa to another on-site doctor because she “expected him to come in.” Dr. Strong says he had no reason to rush to the hospital because he was under the impression that Lisa was “reasonably stable.” Lisa waited for hours without treatment, until she had surgery which was wholly unnecessary. Doctors did not locate her kidney stone, which was causing the infection affecting her until body, until 16 hours after her arrival at the hospital.

The infection took over Lisa’s body as a result of the lost time. Eventually, her arms and legs were amputated due to the lack of care she received in the emergency room. She was in the hospital for months and racked up close to a million dollars in medical expenses. Now, she lives on disability payments, experiences chronic pain, and has difficulty with the most basic of day-to-day tasks.

When Lisa sued the doctors, the jury apparently had difficulty assigning the blame and decided that the doctors were not negligent. The judge hearing the case actually threw out the verdict, an extraordinary move, and Lisa will reappear in civil court next month.

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Posted On: May 28, 2009

Fort Lauderdale Injury Attorney -- Dangerous Dog Breeds

Broward dog bite attorney Andrew Alitowski knows that animals can run the gamut from the most docile of household pets to dangerous menaces. Certain dog breeds have a reputation for causing trouble, especially bites.. This perception is so widespread that many condominium and townhouse homeowners’ associations in Broward, Miami-Dade, and Palm Beach Counties go as far as to ban vicious dog breeds. Not surprisingly, the county animal shelter and privately-run animal welfare organizations are brimming with these dogs for adoption, as they are the most likely to be surrendered. But which dog breeds are considered to be the most dangerous?

Homeowners insurance policies may even refuse to cover households which have a dangerous dog breed, says Fort Lauderdale injury lawyer Alitowski. The Centers for Disease Control, which compiles statistics on serious dog bit injuries, reported that between 1979 and 1998, there were 238 dog bite attacks that result in a person’s death. The dogs involved varied, however: 25 different breeds of dogs were involved in the deaths. Still, certain breeds stood out. Over half of the deaths were caused by attacks by pit bulls (purebred or mixed) and Rottweilers.

Aside from pit bulls and Rottweilers, Chow Chows, boxers, Doberman retrievers, and any wolf-dog hybrid, or dog with wolf ancestry. German shepherds, which are commonly used by police, including to stop suspects fleeing on foot, are also responsible for a disproportionately high number of dog bites.

The breed of dog alone is not the only determining factor. Although certain dog breeds are responsible for a higher percentage of attacks, good socialization and training is likely to reduce risks. A dog should be trained early and learn to follow human commands. Proper socialization, including being introduced to strangers from a young age, can prevent a dog from attacking a person out of fear. It is also difficult to train a dog to act as protection or as a guard animal, yet expect it to be safe around children or even adults. Dogs are probably not able to turn on and off their working, guard dog mode, and it is far safer never to teach a dog that it is acceptable to bite or attack in any circumstance at all. Broward personal injury attorney Alitowski finds that many dogs who attack humans, even once, are unfortunately never going to be safe pets.


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Posted On: May 20, 2009

Workplace Discrimination: National Origin

Broward employment discrimination attorney Andrew Alitowski finds that, even in diverse Broward, Palm Beach, and Miami-Dade Counties, discrimination against workers on the basis of national origin remains a problem. National origin discrimination can be perpetrated by any employer – even one who is a recent immigrant himself, although from a different country. The nationality of a worker, or the nationality of her parents, has no relation on her ability to complete the requirements of her job.

One way in which national original discrimination manifests itself is by the delegation of certain job tasks for specific individuals. For example, if an employer declined to allow an Aruban-American employee to perform a job task – such as deliveries – which other, similarly positioned employees performed, and did so because he did not want to pay for an accident caused by a “hot-headed Aruban driver,” the employee is experiencing discrimination on the basis of his national origin. The employee is being denied the opportunity to perform the same job functions as his peers, as well as possibly earn higher wages. National origin discrimination could also take the form of workplace harassment. If other workers or supervisors make disparaging jokes or comments about an employee’s national origin, or the origin of his or her parents, it may be discrimination on the basis of national origin. Fort Lauderdale injury attorney Alitowski believes that stereotypes about traits or another country’s culture fuel national origin discrimination.

Discrimination on the basis of key characteristics associated with national origin is common. For example, certain cultural norms, physical appearance, and linguistic characteristics are not sufficient bases for discrimination by an employer. For example, an employer should not refuse to hire a person who speaks English well simply because she dislikes his Haitian accent.

The United States is a country with a rich tradition of immigration. Even immigrant workers who are not naturalized or natural born United States citizens are protected by the national origin provisions of the Civil Rights Act of 1964. This law also prohibits discrimination on the basis of race, religion, and sex. Likewise, workers are protected from discrimination on the basis of pregnancy or ability to become pregnant and disability.

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Posted On: May 19, 2009

Litigation – A Broward County Discussion

According to Fort Lauderdale personal injury attorneys Andrew Alitowski and William Moore, the vast majority of civil lawsuits never make it to trial. Some estimates show only about two percent of the civil suits file result in a trial, a figure that is surprising to the general public, but reflects a trend injury lawyers have been tracking for years. Decades ago, it was more common to take cases to trial, but other options have surfaced more recently. These other options are often more attractive.

One extremely important option is settlement. Many cases settle for less than the amount the plaintiff originally sought in court documents. For instance, if Janet sues Michael for her car accident injuries in the amount of $100,000, Michael might not want to go to trial and risk incurring the verdict amount, as well as the expenditures associated with litigation. Therefore, he might offer Janet $60,000 to settle, and they could negotiate from that point, perhaps eventually arriving at $80,000. Janet benefits because she will not risk losing at trial.

Broward injury attorney Alitowski says that another important option is arbitration. Many companies, like credit cards and other financial businesses, now require customers to sign a contract agreeing to arbitration. Often, the agreement states that the arbitration ruling will be binding. In these cases, a “judge” or a panel hears both sides of the case in a setting fairly similar to a courtroom. At the end, the arbitrator or panel – often selected of a combination of experts selected by each side – renders a decision. Arbitration is frequently used for contract disputes.

Mediation is sometimes described as a guided settlement procedure. A mediator engages both parties to a lawsuit and helps them come to an agreement. This can be helpful when the parties’ relationship may be too contentious to negotiate a settlement without a third party.

Broward County injury lawyer Alitowski says that old-fashioned civil trials still happen, but less frequently. Large businesses often elect to settle claims rather than spend the time and resources going to trial. They are more likely to devote energy to that, though, if there is a need to show that the company did not engage in wrongdoing, especially if the company anticipates many more similarly situated potential plaintiffs. If one plaintiff wins, many more who suffered similar injuries are likely to file their own lawsuits.

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Posted On: May 16, 2009

Swimming Pool Accidents in Florida – Prepare for Summer

Now that the summer heat is upon us, Fort Lauderdale personal injury attorney Andrew Alitowski would like to remind local residents to take care with their swimming pools. Swimming in the backyard on a hot summer day is the perfect way to cool off and most of us have fond childhood memories of splashing around with pool toys, but the dangers of swimming pools should not be overlooked. Whether in your own backyard, in a condominium complex, at a friend’s home or at a fitness center, the importance of pool safety for children should be given prime consideration.

Swimming pool accidents can kill children, especially very young children, and inflict extremely serious injuries on those who survive. New federal legislation requires that swimming pools be properly fitted with appropriate drain covers to prevent injuries to children. The state of Florida requires that homes with small children meet specific barrier requirements to prevent children from accessing the family’s swimming pool when they are not properly supervised.

If you have a pool, follow basic safety guidelines. Post a sign if the water is too shallow for diving. Always keep a medical kit and important lifesaving equipment, like flotation devices, very near to the pool. If you have children, instill in them appropriate swimming pool behavior, like limiting running around the wet edges. A child who slips and sustains an injury could fall into the pull, but be unable to remain afloat. Make sure everyone leaves the water if there is lightning in the vicinity. Additionally, pool owners should take care to keep their pool disease-free. Only babies wearing diapers specially designed for swimming should be allowed in the water. Refrain from swimming while an open wound heals. And very importantly, closely monitor the levels of chemicals in the swimming pool water, following instructions whenever using them. Store the pool chemicals in a safe, cool place which is inaccessible to children and where they will not be at risk of contact with heat, fire, or contaminants.

A swimming pool injury to you or to your children can be frightening and very expensive. If you have been injured in a pool, contact Fort Lauderdale injury lawyer Andrew Alitowski as soon as possible for legal assistance. An experienced personal injury attorney can help you obtain the insurance information for a homeowner’s pool or one belonging to a business or organization. Medical bills for an injury can be overwhelming and having an attorney provide assistance can make the process go much more smoothly. The faster an insurance company is willing to pay for medical claims, the easier the process is on the person who was injured.


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Posted On: May 15, 2009

Boating Accident Legal Issues – Fort Lauderdale

Broward injury lawyer Andrew Alitowski provides advice to clients who have been involved in boating accidents. With the high coastal population of South Florida and the beautiful Atlantic ocean, it’s no wonder that so many people take to the seas every year off of the coast of Broward, Palm Beach, and Miami-Dade Counties. Still, the scenic waters draw tourists as well as life-long Florida boaters and those with moderate amounts of experience. Tourists, in particular, can be prone to making dangerous errors that can result in boating accidents. Fort Lauderdale accident attorney Alitowski finds that while seasoned boaters are not always perfect, years of experience on the water can lead to a wealth of knowledge regarding safe boating practices.

The United States Coast Guard has found that education regarding safety is important for preventing boating accidents. The Coast Guard compiles annual statistics on boating accidents, which illuminate the causes and the seriousness of the problem. In 2007, the most recent year for which statistics are currently available, boating accidents caused $53 million worth of damage in the United States – an astoundingly high figure. The statistics also show that about 700 people are killed in boating accidents every year. Of those, two-thirds died of drowning. Only ten percent of the drowning victims were wearing life jackets at the time of the accident. Additionally, 75 percent of those who drowned were traveling in small boats, less than 21 feet in length.

Of those operators who had a boating accident, only 14 percent had received instruction on boating safety. The top five contributing causes of boating accidents are all preventable: operator distraction, careless or reckless boating, actions of passengers or skiers, boating at an unsafe rate of speed, and the use of alcohol. For those accidents resulting in death, alcohol usage is the highest contributing cause in 21 percent of the cases. Many boat operators are unaware of the stringent rules that they must abide by, especially those involving alcohol. Boating under the influence, or BUI, remains a serious problem in the waterways just as driving under the influence (DUI) is a public concern on the streets.

Fort Lauderdale accident lawyer Alitowski reports that there are close to 13 million vessels registered in the United States at this time. Almost one million of those are registered in the state of Florida and, when combined with the boats registered in other states but operating in Florida, there are about 1.5 million boats operating in Florida’s waters. The attorneys of Alitowski & Moore, P.A., advise all boat operators and passengers to wear life jackets, follow all boating laws, and exercise caution this Memorial Day.

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Posted On: May 10, 2009

Florida Jury Verdict to Asbestos Widow

West Palm Beach personal injury lawyer Andrew Alitowski keeps up on the latest in medical malpractice news, especially the issues affecting local Florida residents. Mesothelioma is one of the most heavily publicized bases for personal injury lawsuits at this time, with cases all over the country. The disease is a form of cancer. It strikes people who have been exposed to asbestos, a building material we now know to be toxic and carcinogenic. Mesothelioma affects the lungs of many people exposed to asbestos. Most commonly, these people worked with asbestos in their jobs – perhaps in manufacturing facilities – or were exposed to it in their own homes. Now, asbestos is banned from use in the United States. Still, workers engage in asbestos removal projects in private housing and public buildings and workplaces even today. The process is undertaken carefully, with crews donning protective gear to protect them from the dangers of asbestos exposure, particularly inhalation. Mesothelioma is the most serious complication associated with inhalation of and exposure to asbestos, according to Palm Beach workers compensation attorney Andrew Alitowski.

Late last month, a jury in Panama City, Florida heard the case of a widow whose husband was killed by mesothelioma. Woodrow McBride was diagnosed with the cancer in September of 2005 and survived only about one year after his initial diagnosis. He and his wife, Betty, filed a personal injury lawsuit related to the cancer about one month prior to his death. Mr. McBride was 67 years old when he died.

Broward injury lawyer Alitowski says that trials like these can be extremely complicated and that a plaintiff’s attorney must take great care to explain the disease, especially the cause of the illness, to the jury in a way that the jurors can understand. In this case, the jury awarded Mrs. McBride almost a quarter million dollars for her husband’s medical expenses, as well as a total of $750,000 for both past and future pain and suffering. Mrs. McBride will not recover all of the damages, however. Gulf Power was found to be liable for more than half of the damages Betty McBride and her husband’s estate were entitled to, but they were not a named defendant in this case.

Lawsuits such as these can help a family recover financially after the wrongful death of a parent or other relative. Although no sum of money can bring back a family member, the funds can be used to ensure the financial future of those left behind, pay back debts accrued during a relative’s illness, and even finance the college education of surviving children.

mesothelioma Pictures, Images and Photos

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Posted On: May 8, 2009

Fort Lauderdale, FL – Bicycle Injuries

Broward personal injury lawyer Andrew Alitowski finds that motorists are often surprised to hear that bicycles are subject to the same rules of the road that motor vehicles are. Many people think that bicyclists can “do their own thing,” or are afforded special rules because cyclists are more vulnerable than people in vehicles. Although a bicycle collision with a motor vehicle can be truly devastating, it is important to remember that the bicyclist must follow the Florida traffic safety laws, just as a motorcycle or car must.

Bicyclists and passengers on bikes must wear helmets if they are under 16 years of age, according to the Fort Lauderdale personal injury attorneys Alitowski & Moore, P.A. Bicycle riders must stop for red lights and obey all other traffic signals and signs. They should not ride on major highways and in some areas, they are not permitted to ride on the sidewalk – just the street. For nighttime riding, a cyclist should remember to properly equip his bike with reflective devices and lights. Additionally, the bicycle must yield to pedestrians who are crossing at a crosswalk. In general, if you are riding a bicycle on the street, remember to obey traffic laws just like if you were driving. Many cyclists forget to do so, or perhaps believe they are exempt from traffic laws. For example, a cyclist might cross at a red light because he or she does not see any oncoming traffic. This practice remains dangerous – and the cyclist could receive a citation from a local law enforcement officer. More importantly, the bicycle could be involved in an accident with a motor vehicle, which could cause serious or even fatal injuries to the cyclist.

Of course, Broward accident attorney Alitowski represents clients who have been injured inbicycle accidents. Many cyclists are injured due to the negligent driving of motorists, many of whom forget that bikes are on the road, as well, do not properly check their mirror, or are otherwise negligent in their driving. Also, a bicycle rider who is injured, but not actually hit, by a motor vehicle may be able to recover damages in some instances. For instance, if the cyclist was able to evade the motor vehicle in time – by swerving, for example, or jumping off of the bike – to avoid collision, but was nonetheless injured by the evasive action, he or she may have a valid personal injury claim against the negligent driver of the car.

Bicycle Pictures, Images and Photos

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