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Cleanliness Key To Infection Prevention In Hospitals - Sunday, July 29, 2007


According to the National Center for Disease Control and Prevention, one in every 22 patients this year will get an infection while hospitalized and of that 1.7 million infected, 99,000 will die after acquiring infections during otherwise routine hospitalizations. Better infection control is needed in hospitals across America, and many times the solutions for prevention of infections can prove quite simple. It is negligent for medical professionals to neglect to wash their hands and follow simple measures for good hygiene, and it is likewise negligent for hospitals to fail to implement and enforce infection control policies that prevent these infections.

At a Veteran's Affairs hospital in Pittsburgh, the infection rate has been cut by 78% since 2001. The infection rate for one of the most dangerous infections, methicillin resistant staphylococcus aureus (MRSA), was reduced to only 17 cases this year at the VA Hospital in Pittsburgh. This is down from an average of 60 MRSA infections before the hospital began the study and infection control program currently in place.

The Pittsburgh VA Hospital equips every room with dispensers of foamy hand santizer often discards blood pressure cuffs after use. In addition, each room is assigned its own stethoscope. In addition to saving much misery, and in some cases death, these measures prove to save hospitals money, even considering the added cost of the improved infection control programs. The Pittsburgh VA Hospital experienced net savings of $ 900,000, even after considering the $500,000 it cost to implement the new program and purchase the necessary equipment, kits, gowns, gloves, sanitizer, and additional employees.

The Pittsburgh hospital placed a major emphasis on hand cleansing and sanitizing in its infection control program. Studies show that busy hospital workers fail to follow good hygiene in hand cleansing over half the time. It is up to hospital administration to establish a culture of cleanliness like the hospital in Pittsburgh where the use of hand sanitizer has doubled and nurses now push elevator buttons with their knuckles. Cleanliness is indeed next to godliness for good nurses and hospitals.

Federal Judge Awards $ 101 Million For Wrongful Imprisonment - Thursday, July 26, 2007



In Boston, Massachussetss today, U.S. District Judge Nancy Gertner ordered the U.S. Government to pay four men $ 101 million for wrongful convictions and imprisonment. The men had spent decades in jail, following their convictions for the 1965 murder that they did not commit. The FBI withheld evidence of their innocence from their state court prosecutors, claiming that the FBI had no duty to get involved in a state case and that the four convictions, based on the government's active encouragement of perjury and the lies of a government informant, were "acceptable collateral damage" in the fight against organized crime. Of this, Judge Gertner said, "The government's position is, in a word, absurd." The men's lawyers did not ask for a specific amount. Judge Gertner told a packed courtroom, "No lost liberty is dispensable. We have fought wars over this principle. We are still fighting these wars."

This is an example of why it is so very important to have federal judges, who are appointed by Presidents, who have a strong sense of duty to the citizens over the government and who do not feel beholden to or threatened by the governments who appointed them. Most importantly, it is important to have our Presidents appoint judges who ascribe to no particular ideology but who do understand and embrace the real reason behind our Constitution. Liberty is the personal birthright of every American.

Motor Vehicle Responsibility Statute Enacted - More Reform Needed - Saturday, July 21, 2007

Last week Governor Crist took a meaningful first step toward motor vehicle responsibility reform in Florida by signing the Motor Vehicle Responsibility Act. This new statute requires drivers with convictions of driving under the influence (DUI) to purchase and maintain mandatory insurance coverage in order to drive legally. The coverage must include $100,000 in bodily injury liability coverage for the first injured person, $300,000 for two or more injured people, and $50,000 in property damage coverage.

This mandatory liability insurance coverage is a good first step to make those operating automobiles and trucks on our highways financially responsible for injuries to others, but more reform is needed. For example, the powerful car rental company lobby was able to convince the legislature a few years ago to enact a cap on its responsibility as owner of a vehicle it rents to $100,000. That statute should be repealed and the amount of liability limits increased. These car rental companies are billion dollar industries who put dangerous instrumentalities, motor vehicles, in the hands of out of state and foreign drivers who often have no insurance coverage of their own and who can often escape the jurisdiction against lawsuits brought by Florida residents they injure. Rental car companies should be held responsible for the use of their many vehicles, just like everyone else. Likewise, all motor vehicle owners should be required to have mandatory bodily injury liability coverage in an amount of at least $100,000. Florida does NOT require auto owners to have liability coverage for injury to others unless they are commercial business vehicle owners. This is wrong. If you are going to drive a car on Florida roads, you ought to have to have insurance to protect someone you injure in an accident that is your fault. It is only fair that people take personal responsibility for ownership of a motor vehicle they put on the roadways, including being required to buy insurance to protect anyone they injure in an accident.

We applaud Governor Crist for enacting this law, but more reform is needed to make motor vehicle owners and operators fully accountable for any injury or damages they cause on Florida highways. It's not fair for the law to allow some to escape accountability and still have the privilege of operating, owning, or renting vehicles in our state.

Two CGWC Partners Present Educational Seminars - Thursday, July 19, 2007

This week, two CGWC partners presented educational seminars at the request of their peers and continuing legal education organizations. Nathan Carter presented a seminar at the Annual Convention of the American Justice Association in Chicago entitled "Who Really Owns The Nursing Home". Mr. Carter's presentation was at the request of AAJ's Nursing Home Litigation Group, consisting of lawyers across the U.S.A. who practice with an emphasis in nursing home abuse, neglect, and negligence and due to his record of success in claims of neglect, negligence and abuse against nursing home operators. Melvin B. Wright presented a seminar entitled "Jury Selection In Personal Injury and Wrongful Death Cases" in conjunction with Lorman Education Services in Orlando.

All the partners at CGWC have extensive trial experience in their fields and are respected by their peers and often asked to present educational seminars and answer colleagues' questions about personal injury and wrongful death, medical malpractice, nursing home neglect and abuse, workers compensation, product liability, aviation accidents, securities litigation, business litigation, and other fields of practice.

Before Surgery, Check You Surgeon's Reputation and Record - Tuesday, July 17, 2007

Investigation done during a legal dispute involving a Miami heart surgeon yielded some disturbing results recently. Apparently, Dr. Alex Zahkaria has been suspended from Cedars Medical Center while the hospital investigates 24 of his cases, many of which included patient deaths. In addition, documents reveal that he suffers from memory lapses that have been worsening, and he has been charged with criminal perjury and fraud for allegedly exaggerating his experience as a surgeon. Doctors' personal and professional problems are often well-guarded secrets in the healthcare industry, so to some extent, patients will always be in the dark. But there are some things patients can do to try to protect themselves from the few bad apples that give the medical profession a black eye so often.


For one thing, patients can "google" their physicians on internet search engines, searching for anything negative. Many courts are also now "online" and patients can check court dockets for past or current lawsuits, of any kind, filed against not only physicians, but any individuals or companies. The State of Florida, Department of Health also has websites where patients can check their doctor's profile. The State of Florida, Office of Insurance Regulation allows patients to check a doctor's history of past paid claims. Other websites like Healthgrades also contain comparisons and reports on doctors. Needless to say, some of the best information can be obtained from neighbors, friends, and family members who have had experience with the same type of surgery or treatment.

Check out your doctor, his record of success, and his reputation among his peers and previous patients. Don't assume that just because a doctor or surgeon holds a license to practice law, that he/she is competent, caring, and good at his trade. Sometimes, they are not.

Burn Injuries - Sunday, July 15, 2007

Burn injuries create serious risks for its victims and can be some of the most painful and feared forms of injury. Burn injuries can result from a variety of accidents, including fires, faulty products such as hot water heaters or electrical devices, flammable products, products with inadequate flame retardation qualities, motor vehicle accidents, and aircraft accidents.

First degree burns are the least severe and typically only involve the epidermis or first layer of skin tissue. Second degree burns involve the dermis or second layer of skin tissue, sometimes involving nerve injuries. Third degree burns involve charring of the outer and deep tissues resulting in hard leather like eschar or dead tissue and implicate destruction of nerve endings. Burns that involve damage to body tissue underneath the skin, such as muscle tissues or bone are sometimes classified at fourth degree burns. Fourth degree burns involve irretrievable skin loss. Fifth degree burns involve irretrievable muscle loss, and sixth degree burns involve charred bone.

Serious burn injuries are expensive to treat, painful for the victim, and often involve complex medical legal issues for the victim and the victim's family. An attorney experienced in litigation of burn injuries can help families survive the complicated legal and emotional challenges ahead of them.

Aircraft Crash Investigations Slow And Deliberate - Thursday, July 12, 2007

Aircraft accident investigations, like the one the National Transportation Safety Board is conducting on the crash of the Cessna 310 in Sanford two days ago are slow and deliberate processes. These investigations document and record extremely detailed information regarding the airplane accident at issue, including intricate inspection of the plane's engines, wings, landing gear, instruments and virtually every other part of the aircraft not destroyed in a plane crash.
For example, in the Sanford, Florida airplane crash the NTSB says the investigation is just beginning, and while they may be able to release a preliminary report within weeks, the complete and detailed report might take as much as a year. Often, the full detailed report, including all engineering and other professional analyses is required in order to fully and completely determine who was responsible for an airplane accident and what their legal duties and obligations were and are. Experienced aviation attorneys representing any of those involved in such an aircraft accident must follow such investigations closely and assure that any potential areas of investigation that may bear on their clients' legal rights are not overlooked and that the evidence is preserved, if necessary, until privately retained engineers and consultants can perform independent analyses.

Keeping Your Teen Driver Safe -

According to the Centers for Disease Control and Prevention (CDC) auto accidents are the leading cause of death for U.S. teenagers. Car accidents account for 36% of all teen deaths! Per mile driven, teen drivers between the ages of 16 and 19 are four times more likely than older drivers to have an accident. But the CDC does report that there are ways to make teen drivers safer.
For example, training teens to drive through Graduated Drivers Licensing systems has been proven to significantly reduce accidents involving teenage drivers. These programs gradually introduce new teens to driving experience by starting with low risk condition, requiring learners permits initially, requiring supervised driving for a time, restricting nighttime driving, and progressing gradually to higher risk driving conditions under both supervised and unsupervised conditions. Training teens to avoid driving while distracted by passengers, cell phones, conversation, etc. is of paramount importance, as well. For more information and tips, visit the CDC website and the National Safety Council's website. The National Institute for Highway Safety also has an excellent video on the dangerous teen driving years that is worth buying and watching in an effort to keep your teen safe behind the wheel.

Aircraft Accidents Involve Complex Legal Issues - Tuesday, July 10, 2007

Aircraft accidents are almost always catastrophic and cost the lives of the pilot, passengers and, sometimes, unsuspecting victims on the ground. There have been recent accidents killing pilots, as well as attendees at air shows, prompting some to question whether air shows are safe under any circumstances. And today, in Sanford, Florida, the husband of a NASCAR official was killed when a Cessna 310 crashed while attempting an emergency landing. The plane struck one house and engulfed two others in flames according to reports. In addition to the two occupants of the plane, three people in their own homes were killed in the Sanford airplane crash, including a toddler and a 6 month old baby.
Such accidents cause tragic losses for all involved and often lead to litigation. Aviation accident litigation is extremely complicated, involving state and federal laws and regulations, as well as intricate industry standards in aviation and engineering. There is potential liability among a variety of individuals and entities responsible for the safety of the flight, including the manufacturer or aircraft maintenance companies, fixed base operators, as well as the owners and operators of the aircraft.
The most common causes of aircraft accidents are pilot error, defective or faulty equipment, structural or design defects, negligence of maintenance personnel or flight service station employees, and many other potentially negligent acts or violations of Federal Aviation Administration (FAA) regulations.
The FAA establishes safety standards for pilots, flight operators, and manufacturers. Every civilian aircraft accident investigation is the responsibility of the National Transportation Safety Board (NTSB). The NTSB investigates the causes of accidents in an effort to recommend safety procedures that decrease the incidence of accidents.
Any person involved in an aircraft accident should seek legal counsel to assure their legal rights and obligations are protected. Aircraft accident attorneys must be experienced and knowledgeable of the industry standards and federal laws and regulations setting safety standards for flight operations and pilot conduct.

Medical Errors Fifth Leading Cause of Death in U.S.A. - Friday, July 06, 2007

According to Millennium Research Group (MRG), the global authority on medical technology market intelligence, medical errors are the fifth leading cause of death in the United States, with up to 98,000 deaths annually resulting from medical errors. MRG's new report, entitled U.S. Markets for Acute Care Clinical Information Systems, such medical errors are caused by miscommunication, errors in transcribing doctors' orders, adverse drug events, and incomplete medical records, as well as overcrowded, understaffed clinical areas with complex workflow patterns and incomplete or inefficient communication between disciplines and clinical areas.
If you believe that you or a loved one has been the victim of a medical error, the experience trial attorneys at CGWC may be able to help. While recent tort reform laws and constitutional amendments have driven many attorneys away from representing victims of medical malpractice, we consider it our obligation to remain available to those injured or killed by the negligence of hospitals, doctors, nurses, or other health care providers where justice demands it.


Pool Drains Can Be Dangerously Designed -

Summertime brings with it days filled with watersports and, for most Florida families, lots of activities in the family pool or at public or resort swimming pools. Unbeknownst to most swimmers and parents, poorly designed pool drains can be extremely dangerous to young swimmers, especially in shallow pools, children's pools, and wading pools. More often than you would expect, children have lost intestines and suffered horrible internal injuries after sitting on drains and becoming trapped by the strong suction of the pool's pump system. In many cases over many years, severe internal injuries have occurred.
Recently, a six year old girl in Minnesota suffered this same fate. Abigail Taylor sustained a tear in her rectum and lost much of her small intestine after sitting on the drain of a wading pool. She then required surgical removal of much of her intestinal tract. Now, she will likely have to receive her nutrition from an implanted port for the rest of her life.
For years, many states have had code requirments to prevent these injuries. Laws and regulations in those states require pool systems to have suction relief or automatic shut-0ff devices to prevent serious injuries from the powerful suction of pool drains. But that doesn't mean that the installer or manufacturer will always comply with those statutes. So, parents must be always vigilant to protect their children from these dangerous defective products. If your child is playing in the pool, train them to stay away from pool drains and suction holes for pool vacuums and pool cleaners. Educate your children that these areas of the pool can be dangerous and are OFF LIMITS. In addition, if you don't know what kind of system your pool has, have a professional inspect it for suction relief devices or controls, as well as any other desired safety equipment. And then, have fun safely.
If you or a member of your family are injured while using any kind of product, remember, the accident may have been preventable with proper and safe design or manufacturing. If you think you or a loved one may have been injured by a defectively designed or manufactured product, call CGWC for a free consultation.
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