Panama City Florida Injury Lawyer Blog

How much radiation have you gotten from X-rays and CT and nuclear scans? Is it a potential cause of cancer, and do doctors have legal responsibility to you for it? Eric Topol was the head of the renowned cardiology department of the Cleveland Clinic. Now, he is director of the Scripps Translational Science Institute. He is a very knowledgeable doctor who advocates for increased use of available digital technology in medicine not only to give us better healthcare but also to prevent us from being harmed by malpractice.

Topol says we are overusing radiation on people here in the U.S. and that the situation is far worse here than anywhere in the world. In his studied view, the runaway use of nuclear and CT scans and PET imaging is alarming. Patients aren't informed about how much radiation they are getting or that it can cause cancer in them down the road. Non-ionizing radiation, as in MRI and ultrasound, doesn't hurt us, but doctors continue to rely heavily on scans that have harmful ionizing radiation.

A unit of measurement of the amount of radiation is a millisievert. Topol says we should be told how many millisieverts we are getting with a scan. Few people know that a CT angiogram of the heart is 16 millisieverts, the equivalent of 800 chest x-rays, or that a typical nuclear scan used in cardiology gives 41 millisieverts, the equivalent of 2000 chest x-rays. A simple badge, like that worn by technicians in x-ray labs, could measure the amount of radiation delivered to us over time. They aren't used on us.

The medical profession hasn't been held accountable for this over-treatment which data shows is causing an alarming 2-3% of the cancers in this country. He feels it represents a crisis, particularly in children. Dr. Topol frankly states that doctors are guilty of a serious breach of their responsibility to their patients. In plain words, that is medical malpractice.

The $15 million dollar lack of funding for a medical research program may be killing the equivalent of one jumbo jet full of people in the U.S. every other day. That's half the money for 1 new jet fighter, but many experts in medicine think this figure of $15 million would save hundreds of people every two days. Why? A widespread health study is necessary to convince the medical profession that a shift in its way of treating heart attacks is not only necessary but critical.

Richard Smalling is an interventional cardiologist at a University of Texas hospital in Houston. Interventional cardiologists are the folks who do procedures like heart catheterizations, balloon angioplasties, and the placement of stents in those pesky arteries that tend to close up because of cholesterol and kill us. According to him and various studies, on average, it takes 4 hours for a heart attack patient to get to the hospital and get treatment. Way too long. Opening a blocked artery that's causing the attack should be done within 90 minutes of first medical contact to save huge amounts of heart muscle and save over half the people.

In Houston, a pilot program is responsible for ambulance medics giving half a dose of a clot busting drug on the way to the hospital. While that's going on, a hospital team is being assembled to work on the patient in the cath lab to get the artery opened. It has been hugely successful. Eighty percent of the heart attacks have been stopped very early not by the doctors but by the paramedics. The medical profession is slow to change anything. Despite Houston's success, it's going to take a randomized medical study to change their inertia. Malpractice, killing a jumbo jet full of people every other day from unnecessary heart attacks, may be occurring. Government funding costing one-half a jet to do the research and modification of backward thinking medical groups is urgently needed to save...us.

In the late 1980s, I sued the U.S. government repeatedly for Tyndall Hospital's failure to properly diagnose chest pain patients, retired military men, in their late 40s and early 50s and to intervene to prevent fatal heart attacks days and weeks later. Their families and I changed the way chest pain patients were screened worldwide in the U.S. Air Force, and we saved thousands of lives.

Today, it is civilians like you and me, Joe and Donna, and Jim, who are at risk. Death occurs most often because of heart attack, stroke, and cancer. Heart attack is Number One. Heart attacks occur when blood clots form in the arteries that provide blood to the heart muscle. First, never delay when chest pain occurs. Call 911. Don't be embarrassed by calling. Yes, it could be indigestion, but it could also be a heart attack. Let the professionals figure that out. Time is critical.

Next, we have to ask if everything is being done from the moment a person is in the ambulance. Is it, or isn't it? Richard Smalling is an interventional cardiologist at University of Texas. He says the emergency medical tech first responders in ambulances are hugely important in preventing fatalities from heart attacks. In Houston, where he works, they are able to give IV clot busting drugs to people who are apparently having heart attacks while they are on their way to the hospital. Since it is crucial in saving heart muscle to administer these drugs quickly, they are saving lives before the patients ever arrive at the emergency room.

The window of opportunity for saving the heart muscle, thought some years ago to be 4-6 hours, now is known to be about 2 hours. According to Smalling, the difference is huge, something like 70% heart muscle death down to 20% if the drug is given rapidly. Are our Emergency Medical Technicians in our viewing area giving these drugs? If not, why not? Many lives might be saved?

With the holidays and the impending arrival of the next year, December should be a time of joy, celebration, and hope for things to come. However, as Panama City victim's lawyer Wes Pittman knows, it is also a peak season for financial fraud. Increasingly, these criminals are targeting our nation's seniors and financial fraud against the elderly is a growing problem. We want to help the victims, but we also want to prevent the fraud upfront. One key component of prevention is comprehension; research that helps us understand why seniors fall prey to these charlatans can also help us to prevent future fraud.

Study Finds Aging Brains Less Able to Detect Facial Signs of Untrustworthiness

Perpetrators of fraud aren't known for their work ethic; they tend to seek out the most vulnerable targets. A new study gives insight into one factor that can make seniors particularly likely to fall victim to financial fraud. U.S. News & World Reports recently covered a study from the University of California, Los Angeles that found older people are less able to identify untrustworthy faces. Researchers determined that older people have less activity in the anterior insula, a region of the brain tied to disgust that also helps people identify untrustworthy faces. According to Professor Shelley Taylor, a psychology researcher involved in the study, this shift leads to a reduced warning signal and a brain that is less able to send a "Be Wary" message like it may have in a person's younger years.

The research study involved 119 older participants (aged 55 to 84 years, average age of 68) and twenty-four younger participants (averaging 23 years of age). Although both groups responded similarly to trustworthy and neutral faces, the older individuals were more likely to view untrustworthy faces as approachable and trustworthy. In a second study, the researchers used brain scans to examine the response of an older group (aged 55-80 years, average age 66) and younger group (average age of 33) to facial photographs. The younger brains showed an active anterior insula region when viewing and rating faces, with increased activity in response to untrustworthy faces. However, the older people showed little activity in the anterior insula region during the same task. The results of the study appeared in the journal Proceedings of the National Academy of Sciences on December 3.

What makes a face untrustworthy? According to Professor Taylor, key signs of untrustworthiness are an insincere smile and eye contact that doesn't match that exhibited by honest individuals. In sum, the study found that brains respond differently to such signs with age. Younger adults have a strong reaction to these faces that allows them to evaluate trustworthiness more accurately than older adults whose brain response is more muted.

Financial Fraud Targeting The Elderly: A Rising Threat

In addition to reporting the results of the University of California study, U.S. News also discussed the general threat of financial fraud targeting older Americans. The report noted that older people are often targeted in their 70s, a time when they must take required 401K annual distributions. One estimate suggested people over 60 lost over $2.9 billion due to financial exploitation in 2010, an increase of 12% over 2008. Crimes targeting senior ranged from home-repair schemes to complex financial scams. Notably, older people appear to be particularly susceptible to crimes involving interpersonal solicitation, a statistic that may be partially explained by the recently released brain studies. This research may help communities and interest groups tailor outreach efforts aimed at helping older people avoid falling prey to financial fraud.

If you or a loved one has been the victim of a financial scam targeting the elderly in the Florida Panhandle region, we can help. Our team represents victims of all forms of Panama City elder abuse, including physical abuse, neglect, and financial exploitation. As an experienced Panama City elder law attorney, Wes Pittman is dedicated to helping victims recover financial compensation in civil court. Please call to arrange a free consultation.

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Preventing Elder Abuse in Our North Florida Communities

What To Expect From The New Consumer Financial Protection Bureau

(Photo by Craig Toron)

These days most people are aware of certain safety threats on the road, such as drunk driving, distracted driving, and even drowsy driving. Fewer people consider what may be a more fundamental concept - the importance of driver health. As your Panama City personal injury law firm, we understand that long-term or even short-lived illnesses can render someone unsafe behind the wheel.

Investigators Suspect Health Condition Led to Fatal Springfield Crash
WJGH reported this week on an accident that may have stemmed from a driver's medical condition. Shortly before 3 P.M. on Wednesday, a driver in a red truck was travelling south on Transmitter Road near the intersection with East 15th Street. Witnesses report the truck passed through the intersection and proceeded to jump the median. The truck then crashed through a fence marking the Kensinger Mobile Homes lot before slamming into the side of a mobile home. The unidentified driver died at the crash scene. No one else was injured. Investigators suggested that the driver may have suffered from a medical condition that led to the accident.

Medical Conditions & Driver Safety
A range of medical conditions can impact the ability of an individual to safely operate a motor vehicle. NIHSeniorHealth, a resource developed by the National Library of Medicine and National Institute on Aging, provides a useful web page dedicated to the importance of driver health. Importantly, the group notes that health issues can be associated with aging, but it is ultimately health more than numeric age that impacts safe driving. General health issues that can cause driver impairment include problems with vision and/or hearing, reduced reaction time, limited attention span, problems with coordination, and issues affecting strength or flexibility.

The NIH portal also notes a number of specific health conditions that can impair driving ability. These include (but are not limited to):

• Macular Degeneration - This is just one example of a vision-impairing health condition. Specifically, macular degeneration distorts central vision and decreases visual sharpness making it harder to see signs or even pedestrians and other vehicles.


• Diabetes - A growing number of Americans suffer from this condition that can cause blood sugar levels to become too high or too low. Uncontrolled diabetes can render a driver tired, dizzy, or confused and can even lead to a seizure of loss of consciousness.


• Arthritis - Although it isn't always recognized as a driving threat, the swelling and stiffness of joints associated with arthritis can make it hard to grasp or turn the wheel, operate the pedals, and fasten a safety belt.


• Parkinson's Disease - This condition can cause limbs to shake and also affect balance and movement. Patients may be unable to respond quickly to changing conditions and have difficulty turning the wheel or pressing on the brake.


• Stroke - A concern that often increases with age, a stroke can impair both mental and physical functioning. A stroke victim may be unable to think clearly and can suffer weakness or paralysis impacting one entire side of the individual's body.


• Alzheimer's/Dementia - Mental impairments can render a driver confused, making it hard to drive safely or leading to the driver becoming lost or disoriented.

Of course, there are many other health issues that can impact driving ability. Even something as basic as a cold or stomach flu can make it hard for a driver to focus on safety. While health and age are often interrelated, illness can impair drivers of any age. Additionally, many medications can also affect driving ability by leaving a driver sleepy, dizzy, or otherwise compromised.

If you have been injured in an accident caused by another driver's health-related impairment, please call our Panama City accident attorney. Although health conditions can evoke sympathy, it is still your right to recover money damages when you are hurt or lose a loved one in an accident stemming from another driver's actions. You need the money and have a right to compensation, Attorney Pittman can make sure you recover the damages available under Florida law.

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Driver Health is Key to Safety

News Report Raises Concerns About the Safety of Older Drivers

(Photo by Alex E. Proimos)

While the practice was once reserved for schoolchildren, it seems like everything and anything is graded these days. The trend can sometimes feel a bit much, but it can also provide helpful insight into institutions that are otherwise tough for the general public to evaluate. Health care is one such field and our Panama City medical malpractice attorney was saddened to read that one of our region's medical centers failed to receive a passing grade in a recent study. It is crucial that the public is aware of failing hospitals, but it is an upsetting and even frightening problem.

Panama City's News Herald recently reported on a study by the Leapfrog Group, an organization that studies and compares hospitals, rating them on performance, adherence to national safety standards, efficiency, patient satisfaction, and overall quality of care. The group's nine-member Blue Ribbon Expert Panel calculated the Hospital Safety Scores using twenty-six publicly available pieces of safety data to build a single score. Leapfrog's analysis included the hospital's ability to keep patients free of infections and injuries as well as the ability to prevent medical and medication errors. Study panelists included doctors from Johns Hopkins, Harvard, and the University of Michigan. Consumer Reports also worked on the study.

Alarmingly, Bay Medical Center Sacred Heart Health System received a "below average" score, making it one of eight hospitals in Florida to receive a "D" grade. While Bay Medical declined to comment directly on the study, Pam Spires, the chief quality officer, did release a more general statement asserting that the hospital has high ratings on quality and safety measures from other groups including the federal government's Hospital Compare database, Florida's own Health Finder database, and HealthGrades, a nationally recognized study. Spires also criticized the Leapfrog study's methodology, citing other nationally recognized medical centers that received "D" and "F" ratings. She also noted that the study did not consider certain safety measures such as the computerized order and medication system, a safety project that involved an investment in the millions of dollars.

On a better note, Leapfrog gave Gulf Coast Medical Center an "A", noting it met all criteria in order to achieve an "excellent" rating. Carlton Ulmer, the center's CEO, said this ranking is due to a commitment to treat both patients and employees as family. He noted the hospital strives to do what is best for everyone who comes through their doors and also what is best for the community as a whole. Grades for other Panhandle region hospitals include: an "A" for Fort Walton Beach Medical Center and Gulf Breeze Hospital, a "B" for Niceville's Twin Cities Hospital, and a "C" for Marianna's Jackson Hospital. Overall, the state of Florida ranked 10th in the nation with 39% of the 61 hospitals studied in the state (not all hospitals were included) achieving "A" ratings. Massachusetts landed the top spot in the Leapfrog study.

We should be able to trust that our hospitals are providing quality care with an emphasis on safety. Although we understand the need to publicly defend their institution's quality, we hope that Bay Medical and other hospitals that received low scores will take a hard look at the study and learn lessons from its rankings. Our Panama City malpractice law firm is dedicated to advocating on behalf of those injured by medical errors, negligent care, or other safety failures. We hope one day this service is no longer needed, but until that happens we will be here to help the victims.

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Panama City Medical Malpractice Attorney Looks at Proposed Reform

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(Photo by Robert Linder via stock.xchng)

Some events manage to seem like they happened just yesterday at the same time as it seems like eons since they were actively unfolding. A recent headline that caught the attention of our Panama City toxic injury law firm reminded us that over two and a half years have passed since the explosion that sparked the Deepwater Horizon oil spill disaster. The accident occurred on April 20, 2010 and workers finally capped the wellhead on July 15, 2010. While the calendar keeps moving ahead, the full impact of the explosion, including the 4.9 million barrels of crude oil released in the aftermath and the chemicals used in the clean-up process, remains to be seen. Toxic tort claims are one way in which the law protects individuals who suffer long-term health effects following such environmental disasters.

Environmental Health Group Seeks Participants for Study on Impact of Gulf Oil Spill
As reported by the News Herald, the National Institute of Environmental Health ("NIEHS") is currently looking for people willing to take part in a long-term study of the impact of the 2010 Gulf Oil spill. The group is looking for workers or volunteers involved with any aspect of the incident to join the study in advance of a December 31st deadline. Over 30,000 individuals have already agreed to take part and the NIEHS hopes to enroll 10,000 more participants in the coming month. The study, which is expected to last ten years, is projected to be the largest investigation ever into both short and long-term health effects of oil spills including the impact on both mental and physical health. Dale Sandler, an NIEHS researcher, said there is currently very little known about the health impacts of an oil spill and added that the study will help communities to be better prepared to respond to future oil-related disasters. Investigators plan to choose 15,000 participants for clinical home visits and to conduct a more intensive study of a group of 5,000 participants via long-term health monitoring. Study information will be kept private and confidential and will not involve disclosing participants' health information. However, participants will be told the results of their own screening tests and the officials will provide referrals to medical providers where necessary.

Toxic Tort Claims Protect Victims of Environmental Disasters
The NIEHS study is a reminder of the fact that oil spill disasters pose a risk to the environment in general and also to the health of individuals in the impacted communities. Despite the existence of both state and federal environmental laws, numerous chemicals and toxins are released into the environment every single day. Both these daily events and the larger-scale disasters can leave people sick, often without clear answers as to the source of their illness.

If toxins have made you or a loved one ill, you may have legal recourse via a "toxic tort" claim. These claims allow an individual, or group of individuals, to recover compensation from a company that released pollutants or other byproducts that left the individual sick or injured. Toxins that can lead to medical problems include pesticides, asbestos, toxic waste, oil, and gas. These and other substances can cause a range of serious medical issues such as cancer, respiratory illness, brain damage, and birth defects. Toxic tort suits not only allow individuals to recover money damages, but also serve an important public purpose in holding companies accountable for their actions. This accountability encourages companies to consider and prioritize safety, a move that can prevent future disasters and keep others from suffering similar illnesses.

If you believe a toxic release or environmental disaster caused you or a loved one to fall ill, please contact the Pittman Firm for a free consultation. We are here to help.

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(Picture by veetec via sxc.hu)

Despite the fact that we regularly work with victims of tainted food, it still surprises our Panama City food safety law firm to see how common food-related illness is in our modern, twenty-first century society. Late last month, CNN reported that a newly released study by the U.S. Public Interest Group ("PIRG") found the number of Americans dying or becoming sick due to contaminated food had risen a disturbing 44% since last year. In 2011, officials traced a total of 718 illnesses to recalled food items. Startlingly, in only the first nine months of 2012, officials attributed 1,035 illnesses to recalled foods. The numbers included illnesses tied to recalled foods ranging from mangoes and cantaloupe to meat and nut butters. Since the study, the number of people sickened by recalled nut butters has risen with the Center for Disease Control confirming thirty-five cases of salmonella. It is not immediately clear if these cases include illnesses contracted during the January through September reporting period or if they occurred in October and thus outside the period examined in the PIRG report).

Notably, the PIRG report looked exclusively at formally recalled food items. Looking beyond that narrow category, approximately 48 million people fall ill annually after consuming tainted foods. As the PIRG report emphasizes, this problem is getting worse. Data from 2010 reveals that the only one of the declared national health objective targets (the incidence of E. Coli 0157) was met. In contrast, the incidence of salmonella, the culprit in a majority of foodborne illnesses that result in hospitalization or death, came in at three times the national target.

The State of Federal Food Safety Law
The PIRG report also addresses the current state of law surrounding food safety. Two years ago, the Food Safety Modernization Act ("FSMA") became federal law. In crafting and passing the law, government official sought to improve food safety. One key part of the law involved empowering the Food and Drug Administration ("FDA") to respond quickly and hold companies accountable when an outbreak of foodborne illness occurs. However, budgetary concerns have prevented the federal government from fully implementing the FSMA and the main thrust of the regulatory framework created by the bill sits in governmental limbo with no established timeline for moving ahead. The PIRG report specifically criticizes this delay and also condemns planned cuts in FDA funding.

Further, PIRG criticizes the FDA's failure to keep pace with the increasing demands for the inspection of imported foods which make up about fifteen percent of all food consumed in the United States and up to two-thirds of fruit and vegetables eaten nationwide. The report calls for improved FDA funding and urges the agency to create more concrete and specific standards for inspections including unannounced visits. PIRG also suggests the need for improved communication between agencies, including coordination between the FDA and the Centers for Disease Control. The FDA responded to the report by saying they are working towards a stronger food safety system but noted that the rule-making process is time-consuming. The Office of Management and Budget also responded, noting they are taking steps specifically targeted at addressing the problem of salmonella in eggs and expanding E. Coli testing on beef products.

Advocating for Victims of Foodborne Illness in Panama City
Money and politics aside, foodborne illness is a serious matter. Our Panama City contaminated food lawyer is ready and able to represent those sickened by tainted food in Northwest Florida or to assist those who have lost a loved one as a result of food contamination. Foodborne illness can stem from problems at any point in the food supply chain including the manufacturer, supplier, or even a restaurant with poor food-handling policies. Regardless of where the error lies, we can help the victim. Please call to schedule a free consultation.

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The Affordable Health Care Act, often referred to as Obamacare, became law in 2010. Has it affected our healthcare? If so, how? And what's to come? Let's determine where we are now compared to how we stood on health insurance in 2010.

Yes, Obamacare has had a big effect on our healthcare. Some of the provisions in effect are:

(1) tax credits for small employers helping employees with insurance;
(2) insurance companies have been required to give 4 million seniors 50% discounts on name brand prescription drugs to overcome the Medicare problem called the "donut hole;"
(3) coverage for young adults has been expanded to permit them to stay on parents' policies until they are 26, long enough to get most through school or other job-training programs;
(4) insurance plans for pre-existing conditions have been created; and
(5) lifetime limits on insurance coverage have been eliminated. No one has to worry that a catastrophic illness will deprive a family of everything it has in order to get treatment for the sick family member.

All these things happened under the law in 2010.

In January 2011, a provision of the law took effect to reign in health insurance costs. It requires that at least 80% of insurance premium dollars are spent on health care services and health care quality improvement. That's designed to keep the insurance companies from spending our premium dollars to give insurance executives big paychecks. If they do, they have to refund premiums to policyholders like employers and you and me.

Funding for new community health centers has resulted in the treatment of 20 million more citizens in the U.S. The non-partisan Congressional Budget Office predicts that the public's money saved by preventive care and early treatment will save Medicaid several times more than the cost of those centers. I haven't listed what the law mandates for the future, but I'll do that for you soon. Health is our most important asset.

Advance care plans for use at the end of life are also called living wills. An example of how they're used is Jim's case. He's driving home from a meeting. His wife, Donna, and their children are waiting for him to get home for dinner, but an eighteen wheeler hit his car on I-10. Donna rushes to the hospital and sees her brain damaged husband on a respirator. Jim's brain won't recover, but his body can be kept alive on the respirator. What must she do? Emotions overcome her.

Fortunately, she didn't have to make the decision about whether to remove him from the respirator or allow his body to be tortured by extended artificial care, because Jim had written a plan telling the doctors what to do. In case of catastrophic injury or terminal illness, he wanted to die in peace, naturally, without having the awful burden of making the hard decisions put on his family's shoulders. He had contacted a non-profit organization some years before to write his advance directives. Jim was released from the machines to die naturally a few hours later.

Most of the time, a living will is used when people are terminally ill from diseases like cancer. Some facts about advance directives or living wills should reassure us. Anyone over 18 has the right to decline medical treatments that cause unwarranted suffering and serve only to prolong the dying process. A living will is a legal document that allows one to make health care choices for the future when confusion or unconsciousness makes it impossible to communicate preferences.

The choices made in an advance care plan will be implemented only when the end stage of an illness is at hand and treatment would only prolong the natural dying process. Fear has no place in advance care planning, because these plans do not apply when there is a reasonable chance for recovery. They can give your family and you immense peace of mind.

As a Panama City injury law firm, we believe in protecting our community. This commitment includes working for people impacted by public safety hazards that threaten the health and well-being of our fellow Bay County residents.

Complaints Continue for Coyote Transfer Site in Millville


A report by WMBB's News 13 calls attention to a situation that poses much more than just aesthetic concerns for some Panama City residents. Last year, the Florida Department of Environmental Protection shut down the Coyote Transfer Site in Millville. At the time, The Coyote Land Company operated five waste sites in the state including the Sixth Street location near Sherman Avenue. The site was only intended as a temporary waste location where refuse would only remain for less than thirty days before the company transferred it to a permanent site. This did not always occur as scheduled. When the DEP ordered the seventeen-acre site closed, it also fined the company over $500,000 in penalties and ordered the company to remove all garbage by February 2012. Problems at the site are not new, with complaints and repeated code violations dating back ten years. In 2010, a fire at the site burned for a week leading many to wonder about dangerous substances in the soil.

As WMBB notes, the clean-up deadline has come and gone. Trash is still accumulating at the site, including everything from cars to refrigerators. Residents say that the site is home also to large rodents and mosquitos, a particular concern in light of the recent West Nile cases across the country. Panama City Police spokesman Lieutenant Robert Luther said the city is working with the DEP to address health concerns. DEP officials have also discussed whether it may be appropriate for the municipality to take over the property, an unusual step but one that may be necessary if all other avenues of addressing problems fail. Coyote now faces fines totaling three million dollars for the failure to clean up the site, amounts that the DEP may seek from insurance policies.

Health Danger of Improperly Maintained Dump Sites

Former dump sites, especially those that were never properly maintained, can be a serious public health danger. Toxic chemicals can seep into the ground or spread via air pollution. While properly run modern sites are built to prevent water contamination, this can be a concern with older sites. Environmental toxins raise the risk of numerous physical ailments, posing particular risk to children, the elderly, and those with compromised immune systems. Dumpsites can also attract dangerous pests. Rodents can carry diseases that can spread through bites, fecal droppings, or via insects. Site properties themselves can also be hazardous, leading to a range of premises dangers. One example of on-site danger is the possibility of a child suffocating after becoming trapped in an old refrigerator while playing in an unsecured an improperly maintained site.

Cleaning up places like the Coyote Transfer Site obviously makes life more pleasant for residents and helps maintain property values. However, it is important to recognize these sites can pose very real health risks. Our Panama City injury lawyer is prepared to help residents who fall ill, or even lose a loved one, due to an improperly maintained dumpsite or other Bay County health threat.

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Students in Florida and across the nation are settling in to the new school year. For many, this includes a role on school or community-based sports teams. Sports are a terrific part of many young lives, teaching teamwork, fostering discipline, and providing a fun source of exercise in an increasingly sedentary society. Still, as news outlets have begun to report with increasing frequency, sports can lead to serious injury. Our Panama City sports injury lawyer believes this is due to both an increase in publicity and also an increase in the number and severity of injuries.

GCMC Athletic Trainer Program in Bay County Schools

Fortunately, as The News Herald reports, some Bay County athletes have added protection thanks to a partnership with Gulf County Medical Center ("GCMC"). GCMC provides all public high schools in the county with certified athletic trainers. According to Beth Wilkes, the director of rehabilitation, GCMC started the program when budget concerns led schools to cut their own trainer services. Wilkes reported that they recently added Gulf Coast State College to the roster of schools served by the program. Trainers also serve at some community sports events such as a recent rugby tournament held at Panama City Beach's Frank Brown Park.

Ray Morris, GCMC's sports medicine coordinator, notes that the high school program helps treat and prevent sports injuries. Trainers are generally present at all football games, whether home or away, but usually only cover home and playoff games in other sports. The trainers also visit district high schools every day during afterschool hours to work with coaches and develop programs that prepare the athletes to play and compete safely. In addition to general conditioning programs, the trainers can spot an injury trend and then work with the coaching staff to adjust the program. Morris noticed a number of shoulder injuries in members of the swim team and football team at Mosley High School. He then worked with the coach of each team to develop specific exercises aimed at stopping the injury trend. Morris also recommends parents ensure that young athletes are well-rounded, warning against playing the same sport all year long, something pros don't even do because using the same muscles over and over is dangerous. Recovery and conditioning are important elements of any athletic program.

GCMC trainers also treat certain minor injuries, providing some rehabilitation services. These rehab sessions typically occur three times a week for about an hour per session, although some athletes attend daily and/or longer sessions if needed. Rehab services help keep student athletes from missing class in order to travel elsewhere for such treatment.

Sports Safety Generally

Many young athletes encounter an occasional bump or bruise, but youth sports injuries can also be very serious. Fractures, torn ligaments, concussions, and severe heat-related illnesses are just a few examples of real risks faced by all athletes, no matter their age. Some injuries can be life-altering or, in rarer cases, fatal. While football injuries are often the most highly publicized, but injuries occur in other sports including soccer, gymnastics, lacrosse, and baseball. Most reports suggest more injuries actually occur in practice than during competition.

In some cases, a lawsuit may be appropriate following a Panama City youth sports injury. Claims may involve faulty equipment, negligent supervision or even premises liability when a field or other venue is poorly maintained. Please call if we can help you pursue your own rights or those of your injured child.

For further information on youth sports injuries, see the National Center for Sports Safety and MomsTeam's Ten Things to Look for in High School Sports Safety .

Living in a community should mean being entitled to trust the safety of one's surroundings. Protecting that feeling of safety is an important part of our work as a Panama City injury law firm. We help people who have had their trust violated resulting in harm to themselves or eve the death of a loved one. Helping after the fact is important, and we are proud of our role in that process, but it is vital that we ask our institutions to learn from safety failures to help improve the sanctity of our community going forward.

Arrest for Contraband on Mental Health Facility Grounds

The importance of feeling secure is especially important when it involves a portion of the community that has been segregated for their own health, and the health of others, such as is present in a dedicated mental health facility. According to The News Herald, the Jackson County Sheriff's Office arrested a man on Thursday for having bullets in his car while visiting a mental health facility. The facility involved is Sunland Center, a residential facility near Marianna focused on serving the developmentally disabled. Sunland security personnel called the Sheriff's office after a man visiting the location became upset and agitated. Authorities believe that the man, identified at Ricardo Leon Sanders, went to Sunland to confront a staff member about issues between the employee and a member of Sanders' family. While officers spoke to Sanders, they noticed a box of bullets sitting in plain view on the front seat of his automobile. Florida law deems the bullets contraband and bringing them into the facility area is illegal. Sanders, a twenty-two year old from Marianna, was taken into custody by Jackson County authorities on charges that he introduced contraband into a mental health location.

Safety in Mental Hospitals and Other Health Facilities in Florida

Florida has several state mental health facilities operated and/or managed by the Department of Children and Families directly of via a private provider contract. The facilities work with local communities to provide support and needed services for those who require intensive treatment for serious, persistent mental illness. The state has expressed its commitment to providing high quality treatment and support aimed at recovery and reintroduction into society wherever possible.

A number of federal and state laws help govern mental hospitals and protect residents. One such law is the Florida Mental Health Act of 1971, commonly referred to as the "Baker Act," which governs issues related to involuntary examination of a person suspected to be suffering a mental illness. A portion of the Baker Act focuses specifically on prohibiting firearms or other deadly weapons from being brought onto the grounds of a mental health facility. The law even applies to law enforcement personnel in many cases. This law is strict because of the complex nature of mental health treatment and the need to have a safe environment for recovery.

In some ways, the concern about danger in a mental health facility is similar to that present in senior care settings. While no one was harmed in the recent Sunland incident, both mental hospitals and nursing homes involve the care of vulnerable populations and the law must show a commitment to their safety. All areas of our community should, of course, be safe, but some require a special level of security and extra legal protection. Our Panama City hospital safety lawyer can help people injured in a care setting or family members who have seen a loved one harmed or killed in such locations. Together with our client, we can investigate claims against the perpetrator of violence and also claims related to inadequate security. We are here to help.

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Protecting Our Seniors Against Nursing Home Abuse

What if you gave a cookie to a kid day after day for his behavior whether it was good or bad? Would the kid learn anything from it, or would he be encouraged to do as he pleased regardless of how damaging his behavior was? Rewarding a kid's good behavior by giving a cookie leads to more good behavior. Similarly, refusing to give a cookie when behavior is bad leads to correction of the bad behavior.

This principle is applied in the law every day, most recently in the area of Medicare payments to hospitals. In 2008, the Centers for Medicare & Medicaid Services (CMS), adopted a "no-pay"rule. Using our analogy, it is a no-cookie rule that encourages hospitals to reduce their malpractice rates. This is how it works. Medicare stopped paying for the treatment for preventable complications from hospitalization. The largest category of complications was infections after surgery and after placement of urinary and central venous catheters, costing millions and millions of dollars to treat. Guess what happened after CMS stopped paying the hospitals to treat the preventable complications? Their behavior improved not just a little, but dramatically. For example, bloodstream infections from having catheters placed in blood vessels dropped thirty-three percent. The kids' behavior got better, because they weren't getting the cookies even for their bad behavior.

A random sample of infectious disease doctors in the U.S. was conducted two years after the no-pay rule was adopted. Eighty-one percent of the doctors reported increased attention to prevention of hospital acquired infections. Part of the reduction in preventable infections came from faster removal of catheters. When hospitals treated people appropriately, they got paid. If they committed malpractice, they didn't get paid to treat the problems they caused. A simple but profound change in the law made the difference.

Continue reading "The Medicare No-Pay Rule to Hospitals for Treating Preventable Complications" »

As I said last week, people are motivated to take vitamins and minerals in the form of nutritional supplements by promises from the retailers of health and longevity. We spend billions on these products, but they are largely unregulated by the FDA. In one case, I represented more than half the people in the country who had taken a nutritional supplement that had a flawed formulation. One ingredient, necessary in minute quantities to sustain life, was added to the supplement in terribly toxic proportions. It killed several people and maimed hundreds more.

Little did I know that several days ago, the U.S. Army would announce it had pulled some nutritional or dietary supplements from stores on its military bases in the U.S. as it investigates whether they played a role in the deaths of two soldiers. Both soldiers died after having heart attacks during fitness exercises.

The supplements have names like Jack3d and Oxyelite Pro. They contain dimethylamylamine (DMAA). It is bought, because it is advertised to increase energy, metabolism, and concentration. More for your purposes, products that include DMAA are sold here, there, and everywhere in nutritional stores, pharmacies, and online. The company that sells Jack3d, which is pronounced "jacked," and OxyElite Pro say there is no medical evidence to support a claim that the products aren't safe. But you may remember that last week I suggested a different standard should be applied. It is that the company marketing a chemical supplement, which is what these things are, should bear the burden of demonstrating that they are safe before they are marketed.

According to the Army, DMAA may be implicated in other reports of liver and kidney failure, seizures, and loss of consciousness. Like I said last week, if you want vitamins and minerals and want to keep the doctor and the lawyer away, eat an apple a day.