Panama City Florida Injury Lawyer Blog

Bay County Trauma Group Warns Against Using Mobile Devices While Driving

Fri, 18 May 2012 13:08:22 -0600

Our Panama City accident law firm believes in preventing car accidents in Panama City and throughout our region. We hope that reading this blog helps our fellow Bay County community members be safe behind the wheel and also as a passenger on area roadways. We've written about the danger of using mobile communication devices while driving previously but it is a topic worth revisiting. The issue was also the subject of a recent article on WJGH.com. According to the report, the nationwide American Trauma Society found that twenty percent of all traffic accidents in 2009 that led to injury were the result of distracted driving. On Wednesday May 16, Trauma Awareness Day was observed by trauma centers across the country. Part of the day's agenda was to remind the public to consider safety before using a mobile device or engaging in other distracting behaviors behind the wheel.

At the local level, Bay Medical Center Trauma officials are working to raise awareness of the danger of distracted driving, including texting while driving in Panama City. Dr. Glenn Summers, a surgeon and the Trauma Medical Director at Bay Medical Center, says too many patients end up on the surgery table unnecessarily. He referenced one patient who was at the side of an area road on his motorcycle when he was hit by a driver who was texting at the time of the crash.

Florida law does not currently contain a prohibition against either using a cell phone or text messaging while behind the wheel. Such provisions are the subject of nationwide debate. Proponents of statutory prohibitions against texting while driving applaud the measures as one more way to make the roads safe for all drivers and passengers. Other commentators note that distraction can come in many forms including eating while driving or simply changing the channel on the radio. These opponents of distracted driving statutes believe that you can't cover all distractions and generally can't force common sense.

At the local level, Tyndall Air Force Base is focusing on the issue of cell phone use while driving. Base officials recently launched a campaign titled "You Talk, You Walk...Hands-Free Devices Only While Driving." The measure seeks to eliminate the use of cell phones by those driving on the base. Anyone caught and cited for driving while using a cell phone without a hands-free device while driving will lose the privilege of driving on the base for seven days. A second offense will increase the penalty to a thirty day suspension of driving privileges on base.

If you have been harmed due to someone else's negligence in Panama City, including injuries suffered in an accident stemming from distracted driving, please contact our experienced Panama City personal injury lawyer. The Pittman Firm can help you receive the compensation you deserve. Representatives are available 24/7 to take your call and an initial consultation is free. Most injury cases are handled on a contingency fee basis so we only get paid if you recover damages for your injury or financial loss.

See Related Blog Posts:

Distracted Drivers: Texting and Driving

Panama City Woman's Club Spreading the Word About Distracted Driving

The Medicare No-Pay Rule to Hospitals for Treating Preventable Complications

Thu, 17 May 2012 12:59:00 -0600

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.

Claims Process Continues for Deepwater Horizon Oil Spill Losses

Thu, 17 May 2012 08:39:51 -0600

The Panama City injury attorney at our form works to help residents and visitors to our community who have suffered injury or financial loss resulting from the actions of another. Our expertise includes car accidents, nursing home abuse, and losses stemming from the impact of offshore oil spills on Panama City and the Bay County region.

Along with other Gulf Coast communities, Panama City is still feeling the effects of the 2010 Deepwater Horizon oil spill. On April 20, 2010, there was an explosion at the nine year old offshore drilling unit that was operating under a lease to BP. Two days later, on April 22, a leak was confirmed as a large oil slick began to appear near the site. Estimates put the total volume of oil leaked at 4.9 million barrels. Oil released due to the spill was seen throughout the Gulf of Mexico including on the shores of Florida, Louisiana, Mississippi, and Alabama. Communities, businesses, and individuals suffered losses due to the oil itself and also in the clean-up process.

Legal battles seeking to compensate those who suffered financial losses due to the BP spill have been numerous. Interestingly, The News Herald is reporting on a shift in the claims process. An initial submission deadline of May 7 has been extended until June 11 for participation in the Quick Payment program. This program offers a payment of $5,000 to individuals and $25,000 to businesses. Participating in and receiving payment from the Quick Payment program means that the claimant cannot pursue future claims except for injury or death.

In general, the existing Gulf Coast Claims Facility (GCCF) is in the process of being phased out. It will be replaced by the Court-Supervised Settlement Program which will determine if losses occurred as a result of the Deepwater Horizon oil spill and determine how much is owed to individuals and businesses. The new program is a portion of a settlement agreement that involves more than 100,000 claimants and two class actions filed against BP. It seeks to conclude GCCF and establish a court-supervised replacement. Terms of the program, including a deadline of April 22, 2014 or six months from the settlement's effective date, have been set forth by U.S. District Judge Carl Barbier.

Under the new program, individual losses are calculated by estimating the difference between projected and actual earnings from May 2010 to either December 2010 or April 2011, depending on the industry involved. Individuals may also be able to receive compensation for lost pension benefits, lost health insurance, and costs involved in job searches and training. Claims on behalf of existing businesses are based on two factors: 1) the reduction in profit for a consecutive period of three or more months in the eight months following the spill and 2) expected profits calculated by looking at growth trends at the business level and economy-wide. Other claim calculation formulas are specified for both successful and failed start-up businesses, failed existing businesses, and losses in multi-facility businesses.

More than two years have passed, but the communities impacted by the Deepwater Horizon spill are still working to recover losses due to the incident. We hope that the oil industry is able to apply lessons from this accident to help prevent future disasters. Our team will continue to be available in the future as a law firm for oil spills in Panama City and throughout Northern Florida.

See Related Blog Posts:

BP's Oil Dispersants Linked to Cancer

Oil Reaches Panama City Florida Beaches

Local Woman Killed While Aboard Riding Lawnmower

Mon, 14 May 2012 06:56:36 -0600

A tragic incident in Walton County last week reminded us that accidents can come in many different forms. According to a report by WJHG, Eleanor J. Bryant, age sixty-eight, was killed on Thursday May 11, 2012. Bryant had been using a riding lawnmower that afternoon at Richard Road and Heartland Acres Road in Walton County. She stopped to check her mailbox and then proceeded to turn around by making a U-turn on Richardson Road. In doing so, she steered in front of a pick-up truck and was hit. Bryant was taken to Sacred Heart Hospital where she passed away a few hours later. The truck was driven by Zackery Bryant, a sixty-seven year old man from DeFuniak Springs, who was not injured in the crash. Authorities from the Florida Highway Patrol and conducting a further investigation of the incident but no charges had been filed at the time of WJHG's report.

This collision stands out for its unusual circumstances, but every accident in Panama City and our Bay County region is unique. After any crash, medical care should always be the top priority. However, in certain cases it is vital that those hurt in accidents contact a skilled lawyer in a timely fashion afterwards if there are legal issues implicated. We are often asked why it is necessary to hire an attorney after an accident. Injury law is very complex and you need, and deserve, an expert on your team. A skilled attorney will help ensure the proper claims are filed in the proper court and in the required time period and will help you apply general legal principles to the unique facts of your incident. Law firms that focus on injury cases understand the proof required in order to make a claim successful.

The Panama City injury lawyer at our firm understands that sometimes insurance companies make a quick settlement offer with the hope that the injured person will accept the offer before obtaining legal counsel. These offers may be tempting, but they are in the interests of the insurance company, not the injured person. The offers are almost always for amounts that are much less than the law allows. Insurance companies are hoping to capitalize on the understandable desire of injured people to resolve claims quickly. Simply engaging an attorney often raises the amount offered at settlement and experienced counsel can help you evaluate an offer to determine if the amount is appropriate. While good lawyers are always prepared to go to trial, personal injury attorneys are also skilled negotiators and can often help clients achieve favorable settlements without the need for trial.

Injured people are often concerned about the costs involved in hiring attorneys. In most cases, however, injury claims are handled on a contingency basis. This means the law firm's fee is based upon the amount recovered by the client. If the victim does not receive any compensation, the law firm is not paid. This system means the attorney's interests are directly aligned with that of the client -- the attorney earns more money when the injured person receives a higher amount of compensation.

Wes Pittman is an experienced Panama City accident lawyer. The phone lines at The Pittman Firm are open 24/7 to help potential clients and an initial consultation with Attorney Pittman is always free.

See Related Blog Posts:

Four-Vehicle Panama City Car Accident Takes Life of Resident

Highway Patrols Increase Ticketing to Promote Safe Driving in Panama City

Overview of Medical Malpractice Claims in Florida

Thu, 10 May 2012 13:50:14 -0600

Our Panama City medical malpractice lawyer is proud to help injured victims and their families understand and navigate a claim for medical malpractice in Panama City and throughout Northern Florida. This post will provide answers to some basic questions that prospective clients have about this complex area of law.

What is medical malpractice?

Medical malpractice occurs when an injury or negative health outcome arises due to the failure of a doctor or other health care practitioner to provide care that meets the standards of good, acceptable medical practice. The standard compares the treatment provided to that accepted by the medical community. Both action and failure to act (such as failure to diagnose a condition or provide appropriate treatment) can give rise to a medical malpractice claim.

Who can bring a malpractice claim in Florida?

Most malpractice cases are brought by the affected patient. In some cases, family members may also have related claims. If the injured person is a minor or is unable to advocate on their own behalf, a representative may be appointed to act on the patient's behalf.

What does a claimant need to prove for a medical malpractice claim to be successful?

The plaintiff in a medical malpractice claim must show negligence (i.e. failure to meet the required standard of care), proximate cause (i.e. the failure led to the negative outcome claimed), and damages.

How long do I have to file a malpractice claim?

In Florida, the statute of limitations for medical malpractice is two years. The period begins at the time the patient (or a representative) knew or should have reasonably known that the injury occurred and that malpractice was the cause.

Is there anything that needs to be done before a medical malpractice claim can be filed?

Florida law has a specific notice requirement for medical malpractice claims that does not apply to most personal injury cases. The claimant must provide the potential defendant with ninety days written notice of the intent to file a malpractice suit. This notice must include a written affidavit from an expert who has reviewed the claim and found reasonable grounds for a medical malpractice claim. During the notice period, the potential defendant can review the claimant's medical files and ask for additional discovery.

What is the role of expert testimony in malpractice claims?

In most cases, a Florida medical malpractice claim requires the testimony of an expert in the medical arena. Expert testimony is used to explain the applicable standards of medical care. An expert witness is usually also necessary to show causation i.e. showing that the provider's action or inaction caused the injury to the patient.

Are there limits on damages that can be recovered in a medical malpractice claim?

Yes. In most cases, noneconomic damages in a Florida medical malpractice suit against a practitioner are limited to $500,000 per claimant. If the injury results in death or leaves the patient in a persistent vegetative state, the noneconomic award limit is $1,000,000.

If you believe you have a claim for medical malpractice against a Panama City doctor or other medical provider, please contact our office. Our team is available 24/7 to take your call and our Panama City injury attorney offers a free consultation to help you understand how the law applies to your unique case.

See Related Blog Posts:

Area Hospital Recognized for Excellence

When Medical Malpractice Occurs, Should Claims Always Be Made?

Federal Legislature Considering Law Requiring Electronic Truck Logs

Tue, 08 May 2012 15:08:37 -0600

Our Panama City truck accident law firm regularly follows legal developments impacting the trucking industry, including court rulings and legislative measures. WJGH recently reported on the debate surrounding a truck-related federal proposal currently being considered by the United States Congress. The proposal is an attempt to enhance safety and avoid truck accidents in Panama City and across our nation, but trucking industry personnel have spoken out against passage of the measure.

Congress is considering the 2012 Surface Transportation Extension Act. One element of the proposed bill would mandate that all truck drivers install an Electronic On Board Recorder ("EORB") system. The automatic logging system would eliminate the use of paper logs to document big rig routes and times. Currently, Congress is trying to reconcile versions of the overall bill that the House and Senate have sent to a conference committee.

There are voices expressing opinions both in support and in opposition to the EORB proposal. One truck driver noted that he has driven for fifteen years and has had an EORB installed in his truck for the past year. He reported being uncomfortable with the device initially but said he has gotten used to it and now prefers it to paper logs. The driver noted the automated logs prevent drivers from cheating and fudging their records. In addition to the increased accountability, the driver noted that the EORB reduced paper work and increased safety because it limited the ability of employers and clients to request that he drive more than the law allows. However, other drivers have come out in opposition to the EORB mandate. One driver suggested that individual drivers might be responsible for purchasing an EORB, an additional cost that the driver felt was unnecessary.

Beyond their use in documenting routes for an employer, our Panama City truck accident lawyer knows that EORBs can be a valuable source of evidence after a truck accident. EORBs can record the time of the accident and the truck's speed prior to the collision. The EORB can also provide information about how long the driver had been behind the wheel at the time of the accident, evidence that can help prove fault in actions against both the driver and the driver's employer.

Driver fatigue is dangerous in any vehicle but particularly hazardous when the driver is piloting a large truck. The Federal Motor Carrier Safety Administration has strict rules limiting how long truck operators can drive and how much rest time is required between driving periods. Truck drivers who fail to take mandated breaks are more likely to be involved in serious crashes. Studies from the National Transportation Safety Board have found that more than half of all truck accidents involve driver fatigue. After eight hours of driving, the risk of a truck being involved in an accident doubles and the rate doubles again between ten and eleven hours of continuous operation.

If you or someone you love has been injured in a Panama City truck crash, please contact The Pittman Firm. Our attorney and legal support team can use EORB logs and other evidence to help you receive compensation for your accident-related injuries.

See Related Blog Posts:

Big Trucks and Injuries on Our Highways

Driver Health is Key to Safety

Highway Patrols Increase Ticketing to Promote Safe Driving in Panama City

Mon, 07 May 2012 15:53:11 -0600

As a leading Panama City car accident law firm, our team works with those hurt in accidents that result from careless driving in Panama City and throughout Northern Florida. We believe in helping victims of Panama City car accidents. We also believe in working to educate members of our community in order to promote safe driving and prevent accidents from causing injury and financial loss to residents of and visitors to our region. We are joined in this effort by members of local and state law enforcement teams.

In the past decade, according to The News Herald, there has been a significant, steady rise in the number of traffic tickets issued by the Florida Highway Patrol ("FHP") in Bay County. FHP officers issued 8,687 tickets in 2001, a number that more than doubled ten years later with 18,478 tickets written in 2011. A spokesman indicated that the rise was due to a population increase and increased FHP presence due to an overtime program and the use of outside support to assist Bay County patrols with heavy enforcement in the Spring Break period. Captain Terry Blackmon, an FHP representative, said that enforcing the law is about saving lives and that the tickets were not a result of any quotas and that the increase was not about the money collected. Panama City Police Department officials reiterated this safety message noting that more than 3,000 crashes occur annually in the city and that many of the accidents lead to severe injuries or fatalities.

Blackmon noted that the FHP makes saving lives a priority and focuses first on assisting motorists after a wreck or other highway emergency and second on monitoring areas with the highest number of traffic fatalities. After these two priorities, officers focus on citations for those traffic violations that are most likely to lead to a traffic death including DUIs, reckless driving, speeding, and failure to wear a seatbelt. This focus, according to Blackmon, is about writing tickets that have meaning rather than focusing on more minor, less-dangerous violations.

Officers are also working to educate the public and change the behavior of unsafe drivers. Blackmon notes that the FHP publicizes holiday DUI checkpoints. Given the ability of drunk drivers to evade checkpoints simply by turning away from the area, these efforts rarely result in a large number of tickets and are more about making the public aware of enforcement efforts than actually issuing citations. FHP officers also use "wolfpacks" to catch DUI offenders, an effort that involves multiple troopers patrolling the same area. This method catches offenders and also makes police presence known. Blackmon cited a recent night when patrols stepped up their presence at the Hathaway Bridge. As the night progressed, officers noticed a significant increase in taxicab traffic indicating that word had spread about the patrols and more people were opting to call a cab and get home safely rather than driving while impaired. FHP officers consider this type of self-compliance a victory.

Our Panama City car accident lawyer applauds the FHP's efforts to make our roads safer. While no one relishes the thought of getting a ticket, hopefully the knowledge that patrols are actively monitoring Bay County roads encourages drivers to make safety-conscious decisions and leads to fewer tragedies on local roads.

See Related Blog Posts:

Driver Health is Key to Safety

When Aging Rubber Meets the Road

BP Settlement Language Opens New Opportunities

Sun, 06 May 2012 13:21:49 -0600

BP's massive oil spill that affected our coast from Pensacola to Apalachicola remains, frightfully, in our minds. If you saw the movie "Jaws" or its sequel, you will never forget the spine chilling music as the shark approached the boat or the ad for "Jaws II." It said, "Just when you thought it was safe to go back in the water."

The music is missing, but recent reports of sea life mutated by oil lurking in the Gulf bring back the chill. Fishermen, restaurants, hotels, and people selling their properties suddenly had economic losses like they had been ravaged by the shark's open jaws. Today, too many people and businesses remain uncompensated. Some never applied for settlement, because they thought making a claim would be too difficult. Others had claims wrongfully denied. Times have been hard for them. But remember Alexander Pope's poetic phrase, "Hope springs eternal in the human breast." That hope has just been realized in BP's funding of a settlement that opens up new opportunities for everyone having losses including many who made claims but were denied payment or were only partially paid. It is a new world. For a short time, these claims can be made against the settlement fund. Depending upon where their property was located, people or businesses that sold property along the coast after the spill in 2010 may be entitled to significant payments from the newly created fund. In many cases, the decline in property value is set by formula, meaning that reams of paperwork is not required to prove a loss. Others who should make claims are those who lost business income, for example, from vacation properties, rentals, and restaurants, and those who lost personal income. Among them are seafood processors, fishermen, and oyster harvesters. The claims process is not clear cut, so it is best to get legal counsel. Call if you need more information. Next week, I'll tell you more to help you recover losses from BP's jaws.

Preventing Elder Abuse in Our North Florida Communities

Wed, 02 May 2012 14:53:51 -0600

Florida is known for an active and involved community of senior citizens. Many older Americans come to our state seeking a beautiful climate in which to enjoy their well-earned retirement years. Although many of our seniors live active, independent and fulfilling lives, elder abuse in Panama City and throughout Northern Florida is a very real problem. Mistreatment and neglect can occur in a family home and can also manifest as Panama City nursing home abuse.

The National Center on Elder Abuse ("NCEA") is an organization dedicated to preventing elder abuse nationwide and to providing information about the under-recognized problem. Compilation of elder abuse statistics is difficult due to the lack of a universal definition as to what constitutes abuse. In a 2005 report, NCEA estimated that one to two million Americans over age 65 have been victims of mistreatment at the hands of someone they relied upon for care, assistance, or protection. Statistics are also hindered by the fact that abuse is highly underreported. The NCEA study suggested that only one in fourteen instances of elder abuse in domestic settings is brought to the attention of authorities. This underreporting is even more prevalent in cases of financial exploitation. NCEA estimates that financial mistreatment impacts five million American seniors annually with only one in twenty-five being reported.

Everyone can play a role in helping to prevent elder abuse and increasing public awareness. Abuse can occur in nursing facilities and also in the home, when seniors are mistreated by family members or other caregivers. Here are a few things you can do to help:

• Reach out to seniors in your community. Many seniors, especially those who are facing illness or mental decline, are isolated and this isolation can lead to abuse or neglect going unrecognized. Volunteer in a local senior center or nursing home and check in with elderly neighbors, especially those who are more vulnerable due to illness or cognitive difficulties.

• Be alert for warning signs of abuse and neglect including injuries, poor hygiene, and a change in mood. Caregivers who restrict visitors or otherwise limit communication should arouse suspicions and concern. Increased secrecy about finances can also be a sign that someone is taking economic advantage of the individual.

• Talk to seniors about the danger of financial fraud, including predatory lending and telemarketing schemes. Fraud schemes often target the elderly. Help loved ones identify legitimate financial planning services or, where your relationship makes it appropriate and the individual needs assistance, help them manage their finances

• Advocate for the rights of senior citizens at the national, state and local level. Find news online at the Florida Department of Elder Affairs.

• Support the Bay County Council on Aging. The group provides a range of services including senior centers and support for caregivers. Referring a stressed caregiver to the service can help prevent familial neglect and abuse.

• Report suspected abuse. The Abuse Hotline at the Florida Department of Children and Families can be reached at 1-800-962-2873 (press 2 for reports regarding elderly or otherwise vulnerable adults).

• Contact an experienced Panama City elder abuse lawyer who can help you protect the legal rights of victims of elder abuse or nursing home neglect in Panama City and throughout North Florida.

See Related Blog Posts:

Protecting Our Seniors Against Nursing Home Abuse

Using Reasoned Judgment to Choose the Right Nursing Home

Recent Bust Serves as a Reminder of the Dangers of Methamphetamine Use and Manufacture

Tue, 01 May 2012 06:00:35 -0600

First responders who answer calls involving Panama City emergencies must be prepared for unexpected turns on a daily basis. The News Herald is covering an ongoing story in which a routine medical call turned into a methamphetamine bust. The Panama City injury attorney at The Pittman Firm hopes the story can serve as a reminder that drugs are an ongoing problem, one that can lead to Panama City accidents that can impact all of our region's residents and visitors.

On Friday morning at approximately 7:30, Bay County Sheriff's Office responded to an emergency call reporting that a man had stopped breathing at a home located at 3604 Orlando Road in Panama City. Emergency responders revived the man and transported him to the hospital's intensive care unit for further care. During the emergency call, officials noticed signs of ongoing, illegal narcotics activity at the residence. After obtaining a search warrant, investigators searched the location and found methamphetamine, drug-related paraphernalia, and an active "shake and bake" style meth lab.

Following the search, police arrested the following individuals: Joshua Bagley, a 25 year-old from Fountain, for manufacture and trafficking of meth, possession of drug paraphernalia, and tampering with evidence; Carolyn Warren, a 22 year old from Panama City, for possession of meth and drug paraphernalia; Tyler Elmore, age 19 of Panama City, for possession of meth and drug paraphernalia; and Kevin Kitrell, a 27 year old from Panama City, on an active grand theft warrant.

Methamphetamine is a serious drug that impacts the user's central nervous system. Although meth does have limited medical uses, it is more often manufactured as used as recreationally. Meth can be taken orally, by snorting, via injection, or by smoking. Even small amounts of the drug can have stimulant effects including rapid heart rate, increased blood pressure, irregular heartbeat, and increased respiration. High doses can result in convulsions, stroke, heart attack, and even death. Psychological effects of meth use include euphoria, anxiety, aggressiveness, hallucinations, feelings of invincibility/power, obsessive behaviors, and paranoia. Long-term use can cause heart disease, dangerous weight loss, severe dental issues, anxiety, violent behavior, and psychotic events similar to schizophrenia including paranoia, hallucinations, and delusions. Meth users may also experience depression and suicidal thoughts and suffer from cognitive defects such as memory loss and reduced mental functions. Withdrawal symptoms, including fatigue, depression, headaches, agitation, and sleep issues, can last for months for chronic users.

Methamphetamine can cause danger even to those who never use the drug. Production of meth, especially the "shake and bake" style meth labs found at the recent Panama City bust, is an extremely volatile process. Even a minor error, such as removing the cap on the bottle use to mix the chemicals too early or puncturing the container, can lead to a dangerous explosion. Meth lab explosions have caused numerous fires, destroying property and sending many innocent victims to the hospital with severe burns.

Car accidents are another way in which meth can harm non-users. Mobile meth labs can result in explosions on the road. Methamphetamine can also impair the ability of a user to drive. Reports suggest that meth use among truckers has been an issue since the 1970s, with drivers using the drug in an attempt to log longer hours behind the wheel. Both meth use and withdrawal, including simply coming down from a high, can lead to traffic accidents because but the drug can hamper vision, impair decision-making, and result in diminished motor skills.

Drug use remains a serious problem for our society. The use and production of methamphetamine not only harms users but also innocent bystanders. If you or a loved one has been harmed due to someone else's drug use, our Panama City injury law firm can help you receive compensation for your injuries and/or economic loss.

See Related Blog Posts:

Fire Erupts in Nursing Home After Meth Lab Explosion

Panama City Lawyer Comments on Two Local Home Fires

Recent Crashes Serve as a Reminder of the Importance of Motorcycle Safety

Mon, 30 Apr 2012 13:56:14 -0600

Spring weather means many residents of our area opt to ride rather than drive, using motorcycles for both transportation and fun. Panama City motorcycle accidents are, however, a very real danger. This danger was brought to the forefront of local news on Friday when two serious accidents involving motorcycles impacted our region on a single day. Our Panama City accident law firm is following both stories as details continue to emerge.

The first accident, reported by WJHG occurred in the early morning hours of Friday April 27. Robert Lambert, age sixty-eight from Louisiana, was driving a 2000 Suzuki motorcycle with Michelle Lynn Mackee-Kitahara of Fort Walton Beach riding aboard as his passenger. The motorcycle was headed north on Eglin Parkway and was just north of Walter Main Road when Lambert slowed, apparently preparing to make a left turn. The motorcycle was hit from behind by a car driven by twenty-two year old Billy Joe Legune of Fort Walton Beach. Both Lambert and Mackee-Kitahara were thrown from the motorcycle. Lambert was treated and released from Fort Walton Beach Medical Center but Mackee-Kitahara was pronounced dead at the scene. Neither individual was wearing a helmet. Fort Walton Beach Police officials are investigating the crash and charges were still pending at the time of the report.

As the News Herald reported, later that same day, Joe Landers of Arkansas was riding his motorcycle on Quarts Street in Panama City Beach. At approximately 8:35 P.M., Jimmy John Cristo Jr. turned his car off of Thomas Drive and into Landers' path. Landers was ejected from his motorcycle and suffered serious injuries. He was taken to Bay Medical for treatment. Cristo fled the scene but was later located by police and arrested on charges including leaving the scene of an accident involving serious injury as well as possession of drugs and drug paraphernalia.

Circumstances surrounding both of Friday's crashes are still being investigated but the accidents are a harsh reminder that motorcycles can be dangerous. We hope these stories remind both riders and drivers that they share the responsibility of making the roads safe for all of our residents and visitors.

A study by the Center for Disease Control found that more than 34,000 motorcyclists were killed nationwide between 2001 and 2008. In that same period, emergency departments in U.S. hospitals reported treating an estimated 1,222,000 individuals for non-fatal injuries related to motorcycles. Fatality rates for riders actually increased between 2001 and 2008, rising from 1.12 per 100,000 to 1.74 per 100,000, a jump of 55%. Emergency rooms also reported an increase in the number of non-fatal injuries in the same time period, rising from just under 120,000 to 175,000 reported injuries. Both death and injury rates were highest in the 20-24 year old age range.

A quick reminder -- As of July 2008, Florida requires that new applicants seeking a motorcycle license take and pass a Basic Rider course. Motorcyclists under age twenty-one are required to wear helmets. Riders over age twenty-one may be eligible for a helmet exemption (i.e. not required to wear a helmet) if they have a minimum of $10,000 in medical insurance coverage.

If you or someone you love was involved in a motorcycle accident in Panama City, please contact us. Our Panama City injury lawyer offers a free consultation to discuss the unique circumstances of your accident.

See Related Blog Posts:

Thunder Beach Motorcycle Safety at Panama City Beach

Thunder Beach Motorcycle Rally Promises Fun and Risks

Area Hospital Recognized for Excellence

Fri, 27 Apr 2012 13:52:43 -0600

Patients often see doctors at the hardest moments in their lives, and they hope that the medical provider will help guide them to a healthy outcome. As a Panama City medical malpractice law firm, we know that sometimes this trust is violated. Medical mistakes in Northern Florida are a frightening thought and our firm is proud to represent victims of medical malpractice in Panama City.

It is because we know the importance of quality medical care that we were happy to read that one of our local hospitals has received national recognition for excellence. Thomson Reuters assembles an annual report naming their 100 Top Hospitals and our Gulf Coast Medical Center was included in the list released this month. The study evaluates the overall performance of nearly three thousand hospitals. Factors included in the examination include patient care, financial stability, and efficiency of hospital operations. Gulf Coast, located on 23rd Street in Panama City, is one of twenty mid-sized community medical centers included on this year's list. Hospitals are evaluated using independent public data and do not self-nominate for the recognition.

Gulf Coast Medical Center also recently received additional recognition from the Lung Cancer Alliance. The group recognized more than seventy-five facilities for making lung cancer screening available to at-risk populations.

We are pleased that one of our major health care providers has been recognized for excellence but we also know that medical malpractice remains an issue in our region. Medical malpractice claims arise when the negligence of a medical provider leads to injury or other unnecessary negative outcomes. Providers are required to act in keeping with the standard of care, a concept defined by Florida statute as the level of skill and treatment that a reasonably competent practitioner would consider proper under similar circumstances. Proving a malpractice claim generally involves using expert testimony to establish what a reasonable medical practitioner would have done, how the actual response differed, and the fact that the injury or harm developed as a result of the provider's deviation from the accepted standard of care. The legal standard is a bit different in emergency room cases where the victim must prove "reckless disregard" instead of simple negligence.

Like most claims, there is a statute of limitations limiting the time period for bringing a Florida medical malpractice claim. Victims of malpractice must bring their claim within two years from the time the patient or the patient's guardian knew, or should have known, of the injury and that there was a reasonable possibility that medical malpractice was the source of the harm. When filing suit, the victim's attorney must provide a specific written certification stating that he or she has undertaken a reasonable investigation and formed a good faith belief that the allegation of malpractice is reasonable. The lawyer may face sanctions if the judge later finds the attorney lacked a reasonable basis to believe the claim had merit.

If you believe you, or someone you love, have suffered injury due to medical malpractice, please contact our team. We can help you understand how the law applies to your unique circumstances and help you receive any damages that the law may allow. Remember, bringing a medical malpractice claim is not only about money; properly filed malpractice claims also help to ensure that practitioners always provide quality care to the patients who are entrusting the practitioners with their health and, often, their lives.

See Related Blog Posts:

Panama City Medical Malpractice Attorney Looks at Proposed Reform

When Medical Malpractice Occurs, Should Claims Always Be Made?

How to Control Telemarketers and Preserve Your Sanity

Fri, 27 Apr 2012 13:13:20 -0600

Think about an evening dinner about to unfold. Family have gathered. You're just getting into your chair when the phone rings. Someone is trying to sell you something. Your blood pressure rises. You nearly want to kill. You can stop most of these calls by doing something very simple. On the Internet, type this search phrase: "National Do Not Call Registry." Follow the instructions to place your land line and your cell phone on that list, and, then, be patient for about 30 days while the registry is being updated and provided to telemarketers. Understand that not all calls are covered. The law exempts some calls from it. Examples are calls from businesses that you've permitted to call; calls from political groups and charities or for surveys; and calls from companies or businesses with which you have a pre-existing relationship.

After you've registered on the Do Not Call Registry and you still get calls that aren't exempt from the law's protection, what can you do? No, the answer is not "kill." You can file complaints against the offending telemarketers on the Federal Trade Commission's website and on the Federal Communications Commission's website. You won't get any money as a result of your complaint, but the FCC or the FTC may impose fines or penalties against them. As hard as it is, take the time to be polite, at least long enough to get the name of the company calling so that you can complain to the FCC or the FTC. Enough people doing this can generate fines to a company so large that it will stop its illegal activities.

Another little point to keep in mind when deciding who to report is this. The FCC's regulations forbid using automated dialing machines to call cell phones. If you get a telemarketing call on your cell phone, there's a high probability that the law has just been broken. Report it to the FCC. Enjoy many quiet dinners.

Driver Health is Key to Safety

Tue, 24 Apr 2012 13:24:59 -0600

Our Panama City personal injury lawyer knows that Panama City car accidents can have a myriad of causes. Safe driving involves making sure the vehicle is in working order and that the driver is able to devote his or her full attention to the responsibility of driving attentively.

The News Herald reported on a recent car crash in our area. Gary Brown, a sixty-five year old resident of Panama City, lost consciousness while driving and crashed into a utility pole. The accident occurred while Brown was driving eastbound on U.S 98, in the area east of Hathaway Bridge near Los Antojitos. Gulf Power workers joined police and fire personnel in responding to the crash to address the cracked, splintered utility pole. Brown told officials that he had been experiencing blood sugar problems and reported that he blacked out immediately prior to the crash. He was taken to Gulf Coast Medical Center after the crash. Thankfully, Brown was wearing his seatbelt and the airbag in his car successfully deployed.

The National Highway Traffic Safety Administration has recognized that diabetes can, in some cases, impair the ability of a driver to safely pilot a vehicle. When blood sugar levels are either too low or too high, a diabetic may feel dizzy or confused, become sleepy, experience blurred vision, and even lose consciousness. Uncontrolled diabetes can also cause long-term damage that impacts a patient's ability to drive such as nerve damage or visual impairment.

Individuals with diabetes can often drive safely but they should be vigilant about monitoring their condition to prevent complications from impacting the ability to drive safely. Diabetic individuals should also talk to their health care provider about safe driving. In general, diabetes patients should be sure their blood glucose levels are at a safe level before they get behind the wheel. Low glucose levels (hypoglycemia) can limit the ability of a driver to focus fully on the multiple tasks involved in safe driving. It can be helpful to keep snacks handy in case glucose levels drop to a dangerously low level. All individuals should have regular vision checks but this is especially important for diabetics.

Of course, other health conditions can also impact the ability of an individual to drive. Epilepsy, sleep disorders, and fainting spells are just a sample of the health issues that might make driving unsafe if the condition is not well-controlled. Patients should talk to their doctor about how their condition may impact the ability to drive safely. If a condition makes driving unsafe, public transportation may be a good option. Some community centers also offer van pools, especially for senior citizens.

Safe, responsible driving means ensuring that the driver is mentally and physically capable of the task. Even short drives can be dangerous if the driver's health impairs his or her skill. It is important that drivers be honest with themselves about their ability to drive and that family and friends speak up if they believe a loved one's health means they should reconsider whether it is safe to drive.

Vigilance is key but we know accidents can involve hurt even the most careful drivers. If you have been injured in a Panama City car crash as a result of someone else's negligence, please contact our experienced Panama City accident attorney. We can help you recover damages for your injury and financial losses.

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Charges in the Wake of Panama City Traffic Fatality Serve as Reminder of the
Separation of Different Court Systems

When Aging Rubber Meets the Road

Continued Legal Issues Following 2010 Gulf Oil Spill

Mon, 23 Apr 2012 16:02:33 -0600

Our location on the Gulf of Mexico provides our region with great beauty as well as business opportunities and a myriad of recreational activities. It, however, also makes our community vulnerable to a Panama City oil spill. As your Panama City property damage law firm, The Pittman Firm has been closely monitoring all legal developments since the 2010 Deep Horizon spill, an event that impacted the entire Gulf Coast community.

According to an article in The News Herald, last week counsel for BP and attorneys representing plaintiffs harmed by the spill presented Judge Barbier with the formal terms of a proposed class-action settlement. The judge has not given an indication of when he will rule but the attorneys are hoping that he will issue a preliminary approval. The judge would then conduct a formal fairness hearing to fully evaluate the settlement before issuing a final court approval.

As crafted, the settlement would impact BP and a plaintiff class that includes over 100,000 businesses and individuals impacted by the 2010 disaster. Pursuant to the proposed settlement, BP would pay an estimated $7.8 billion in damages to resolve the private party claims, with no set cap on total damages that the company may face. If approved, the oil spill agreement would be one of the largest class action settlements to date. Both plaintiff-side lawyers and defense counsel have said that the agreement crafts a comprehensive system for determining compensation due to each claimant that is reasonable, fair, and adequate.

The proposed settlement does not cover claims brought by government bodies at either the state or federal level against BP and its partners in the Deep Horizon project. Claims against Houston-based Halliburton, the cement contractor, and Transocean Limited, the Swiss rig owner, will also remain and are not a part of this proposal. These remaining claims will be discussed in a status conference on May 2nd.

An important matter that is included in the proposal is the attempted resolution of individual health-related complaints, such as medical claims brought by Gulf Coast residents and clean-up workers. Health claims have not been paid as part of the existing Gulf Coast Claims Facility. Under the proposed settlement, different levels of payment would apply to different illnesses. The agreement would also require BP to spend upwards of $105 million over a five year span to create and run an outreach program that would provide medical evaluations to individuals whose health may have been impacted by the spill.

The settlement proposal also addresses business losses, lost wages, and property damage claims. This includes damage to ships and other vessels involved in clean-up work. Having suffered a significant impact, the seafood industry would receive approximately $2.3 billion from BP which would include coverage for lost compensation for those whose fishing businesses were harmed by the spill. Additional payments include $57 million to help promote tourism and area industries and $600 million in legal costs plaintiff-side attorney's fees. The proposal sets aside $5 million aimed at providing notice to potential claim-holders and informing them about how they can be part of the settlement.

Although several groups, including the Florida Attorney General, have expressed concern about the settlement, the proposal is one more step forward in reaching a resolution to a very complicated matter. The oil and gas industries are vital to our economy, but they are also high-risk endeavors. If you or your business has suffered losses due to an environmental disaster in Panama City, please contact our office. Our Panama City injury attorney is ready and able to help you receive any and all compensation the law allows.

See Related Blog Posts:

Rising Concerns About Legitimacy of BP Claims Process

The David v. Goliath History of Our Civil Justice System Against Toxic Waste and Environmental Harm