Photo

Archive for the ‘Uncategorized’ Category

Hopkins

Do We Need New Laws to Prevent Personal Injury Protection (PIP) Fraud?

Published by John Hopkins in Miscellaneous, Uncategorized

The new Personal Injury Protection (PIP) legislation being trumpeted by Rick Scott and Kevin McCarty (insurance commissioner) is simply a series of methods to attack a problem by saddling honest consumers with more regulation and less benefit. The claim is that the PIP system is so filled with fraud that more laws must be passed to combat it.

Let me say that I am opposed to fraud of any kind.

I believe that someone who actually commits a fraud should be prosecuted and punished.

I believe that people actually do stage accidents with the intent of profiting from it. Those people should be found and punished.

I suspect that, much like other professions, there are unscrupulous lawyers and doctors who may be involved in these types of fraudulent activities. Those professionals should be found and punished.

I do not believe that passing legislation that may have a chance to limit fraud, but also acts to limit innocent consumer rights while further increasing bottom line profits of insurance companies is the best way to fight fraud.

We do not need new laws on the books to police fraud in the insurance industry. What we need is aggressive enforcement of the already existing laws and an active investment in that enforcement by the industry that profits most – the insurance industry.

Florida’s politicians have done little to alter a fundamental problem with Florida’s regulation of insurance companies, which we have been writing about for years. Insurance companies in Florida have developed a strategy for tricking the system and limiting insurance coverage while maintaining high premium rates. The industry was successful in last year’s legislature by removing certain coverage from homeowner’s policies; while consumers received no corresponding consideration on the premium side.

This new proposed legislation requires that in order to be eligible for PIP to pay for medical treatment, the injured person must seek emergency medical care at an emergency care facility within 72 hours. First, not all injuries develop in a 72 hour window and, second, many honestly injured people try to “tough it out” for days and weeks before seeking medical treatment. For those honest people who have real injuries, but who have not run to the hospital within 72 hours, the insurance company is going to be permitted to deny PIP claims. So, who will pay for those bills?

Based upon a Florida Senate Bill Analysis, the following factors are set forth as the motivation for new legislation and a reduction in consumer rights:

  • PIP payouts have increased from approximately $1.5 billion in 2008 to approximately $2.5 billion in 2010.
  • From 2006 to 2010, the number of lawsuits pending at year-end increased by 387%, while the number of settlements increased 315%.
  • Florida PIP claims involve approximately 100 medical treatments at an average total cost of $12,000, well above the national average excluding Florida of approximately 50 treatments at an average total cost of $8,000
  • The PIP pure premium in Florida, which is the amount of premium needed to cover losses, has increased 50 percent, from just under $100 per car in the 4th quarter of 2008 to over $150 per car in the 3rd quarter of 2010 (the most recent period for which data was collected).
  • The rise in PIP payouts and the corresponding increase in premium costs are occurring despite the fact that the number of crashes and crashes with injuries decreased from 2005 to 2009, according to the Department of Highway Safety and Motor Vehicles.

These bases for the new legislation ignore the following influential facts:

  • PIP payouts increased by 40% in three years, but rising health care costs overall have increased those costs by as much as 10% to 28% without fraud.
  • Lawsuits may have increased under PIP laws, but no lawsuit can be filed without a denial of full benefits by the insurance carrier. So, who is driving the increase? If these lawsuits have no merit, why are courts not sanctioning lawyers and parties under current frivolous lawsuit laws?
  • Insurance companies and legislators can work to control the rising medical charges from physicians and hospitals by going to the source of those charges and without attacking consumers’ rights.
  • Premiums for personal injury protection (PIP) coverage may very well have increased 50%, but what has the state done to examine the very suspect accounting practices used by insurance companies writing coverage in Florida?
  • If health care clinic ownership is too easy to obtain and maintain, there already exists plenty of laws not being aggressively applied by state agencies. Those agencies are well equipped legally to police any charlatans who may operate sham facilities.
  • If law enforcement officers are failing to identify all occupants of motor vehicles in crashes, provide them with methods to accomplish it. Allow videos of accident scenes and witnesses. Provide a technology solution for law enforcement officers to capture license and ID information at the scene.
  • Create alliances between insurance companies and law enforcement to pursue and prosecute fraud. Require insurance companies to reactivate the “special investigation units” that most of them had in the 1970’s and 1980’s.

Without aggressively enforcing laws already on the books, I suggest it is most likely that those trying to defraud the system will simply adapt. They will take up the time and expense of emergency medical units to be shuttled directly to the hospital so they can make the 72 hour window and will find ways to work the new system. This will do nothing but increase overhead and time for emergency medical personnel and local governments.

Although this new legislation, if passed, might have some impact on fraud; it will do so at the cost of honest consumers. If government’s approach is to continue not enforcing laws already in existence, why should anyone believe that this new legislation will have any impact on fraud?

I think it is more likely, as with similar laws, defrauders and insurance companies will maintain or improve their bottom line profits; while honest consumers will be the ultimate losers.

Post to Twitter

Deborah Knapp

Paula Deen: Donut Burgers Cause Diabetes?

Published by Deborah Knapp in Miscellaneous, Uncategorized

Major risk factors for Type 2 diabetes include a lack of exercise, being overweight and making poor diet choices. Eating a hamburger served between doughnuts; a recipe for which Paula Deen is famous certainly fits into the “poor diet choice category.

Typically, when a celebrity reveals that he or she is battling a disease, the motivation for going public is to create awareness and maybe raise funds for research. Michael J. Fox and Parkinson’s, Magic Johnson and HIV and Lance Armstrong and testicular cancer all come to mind. These people created foundations, took control of their health and inspired others to have hope.

And then there’s celebrity chef Paula Deen. On Jan. 17, the 65-year-old announced that she has been living with Type 2 diabetes for three years. This disorder that usually strikes in adulthood is associated with insulin resistance that causes high glucose levels in the blood. Complications from diabetes include heart disease, stroke, blindness, circulatory problems and early death. According to the American Diabetes Association, 26.9 percent of Americans age 65 and older have diabetes. This is not a disease to be taken lightly and it is sad for anyone to develop this very serious disease.

So did Deen kick off an awareness campaign that might alert other people to their risk for developing the disease? Did she promise to overhaul her sauce filled recipes and the buttered-up message she puts out into the world?

No. On the Today show she dodged questions about her own diet, threw out some vague and worthless advice about practicing moderation, and then bragged about her new gig as spokeswoman for Danish firm Novo Nordisk’s injectable diabetes drug Victoza (Liraglutide).

A day later, under a mound of criticism after the Today interview, Deen announced that she would donate an undisclosed “certain percentage” of her income from Novo Nordisk to the American Diabetes Association.

Celebrity product endorsements are nothing new, but they’re more powerful than ever.

What would Nike Air tennis shoes be without Michael Jordan?

Do you believe that Weight Watchers works after watching Jennifer Hudson drop 80 pounds?

What would we call a George Foreman Grill without, well, George Foreman?

As a celebrity chef on the Food Network, Deen is positioned to make a significant impact, if she cared to do so. She has the ideal platform for inspiring Americans to change their diets, with two hit television shows and a huge audience. Were she to impart education about lifestyle choices and diabetes, she could tell thousands of viewers that in 2010, studies in the New England Journal of Medicine revealed that diabetes drugs don’t help patients avoid heart disease and that lifestyle changes, like diet and exercise, are far more effective in managing—and reversing—Type 2 diabetes.

YouTube Preview Image

Yet, where’s the payoff for Deen in that message? Victoza made $784 million for Novo Nordisk in the third quarter of 2011, and now she’ll get a piece of that despite the fact that she’s pushing a drug with a Food and Drug Administration warning about its likelihood to cause thyroid tumors and cancer.

Celebrities, modern-day demigods who wield much influence over the American masses, should be responsible for the products they endorse. Do you recall the 1950s ads with actor/six-pack-a-day smoker/lung cancer patient John Wayne touting the benefits of non-irritating “mild” Camel cigarettes that didn’t harm his voice? Didn’t we learn from that?

One person did. According to the New York Post, Nancy Assuncao quit her post as Deen’s publicist last month, citing her distaste for Deen’s deal with Novo Nordisk.

Before her announcement, Deen brushed aside rumors that she had diabetes for a few years, and said she didn’t go public so she could “figure things out in my own head” and that she wanted to “bring something to the table” when she revealed her condition. But what she brought to the table wasn’t a diabetes-fighting, low-cal, low-sugar, healthier version of her famous doughnut burger. Instead she has decided to hawk a diabetes drug that made its manufacturer, Novo Nordisk, $784 million just in the third quarter last year. Ms. Deen has decided to avoid how diabetes can be prevented and accept a pay check for promoting an answer that is akin to “closing the barn door after the horses have escaped”.

You have to wonder: Did Deen keep her diabetes under wraps to protect her reputation as the queen of fattening comfort food, or did she stay quiet until she inked her deal with Novo Nordisk? Either way, this is an irresponsible, uninspiring, disappointing move that hopefully won’t influence other stars to encourage their fans to hand over their lives to irresponsibility to be solved by drugs and the companies that make them.

Post to Twitter

Hopkins

Jack the Bikeman: Making Christmas a Little More Joyous One Child at a Time

Published by John Hopkins in Miscellaneous, Uncategorized

I have written recently about the “Santa Claus of Bikes”: Jack Hairston.

Our firm and many of our employees were a part of the Jack the Bikeman experience on Sunday. Jack was successful in putting bikes in the hands of nearly 800 kids. By the time we had finished, few bikes were left from the warehouse packed full when we arrived Sunday morning.

To watch the kids file into the warehouse housing the bikes and see their faces light up to be given a bike of their very own was like reliving Christmas morning when I was a kid each time. The joy each child clearly experienced made it all worth the hard work that went into moving bikes from warehouse to child.

The Searcy Denney staff collected bikes, both new and used, for three months before this event. We sent employees out to pick up bikes from people who wanted to donate, but could not get the bikes to Jack. Our employees also contributed new bikes and funds to assist Jack the Bikeman in his quest to make as many kids happy at Christmas time as he could by giving them the responsibility and the freedom a bike provides to a child.

Although we were not able to begin distributing bikes until around 9:00 am, some families were lined up as early as 4:00 am to stake their place in line for a bike.

At the end of a very long day, around 800 kids were just a little happier that they had a bike for Christmas and few bikes went without owners.

Many Searcy Denney employees were involved in the preparations to make sure that Sunday’s bike give away went forward and we are proud to have been involved.

Thank you, Jack the Bikeman!

Post to Twitter

Hopkins

Hospitals Snub the Florida Constitution With Impunity So Far

Published by John Hopkins in Corporate Fraud, Medical Malpractice, Uncategorized

It is a part of the Florida Constitution.

It seemed fair to patients. With hospitals and doctors claiming the medical negligence problem was over blown, Florida Section 25, “Patients’ right to know about adverse medical incidents”, seemed like a common sense and fair law.

Read it. It is not very complicated.

But, since 2004, hospitals have been spending a great deal of time and money trying to circumvent, dodge and slip under the law. Sadly, hospitals have had reasonable success in throwing up legal roadblocks to the constitutional “requirement”.

What does Section 25 set forth? It seems pretty straightforward:

  1. Patients have the right to have access to any records made or received in the course of business by a health care facility or a health care provider that relate to any adverse medical incident.
  2. The health care provider is required to redact the personal information of any patient records released in complying with the law.
  3. A patient is intended to mean: an individual who has sought, is seeking, is undergoing, or has undergone care or treatment in a health care facility or by a health care provider.
  4. The law was intended to encompass: “adverse medical incident” means medical negligence, intentional misconduct, and any other act, neglect, or default of a health care facility or health care provider that caused or could have caused injury to or death of a patient.

A Coral Springs man, Harlan Ginsberg, has run headlong into a huge roadblock constructed by Northwest Medical Center, owned by HCA (Hospital Corporation of America), in Margate, Florida.

Mr. Ginsburg suffered a kidney stone attack. In the scheme of medical problems – not exactly a four alarm emergency. Certainly a medical condition that should allow health care providers to be deliberate and careful about their treatment, right?

Before leaving Northwest Medical, however, health care providers had been successful in cutting Mr. Ginsburg’s ureter (a tube that delivers urine to the bladder) and removing a completely healthy kidney, according to testimony of a physician.

Mr. Ginsburg was, understandably, upset. I would be if you removed a perfectly good, properly working organ from my body without even, well, asking me first.

He wanted to know how many other similar incidents occurred at the hospital and what the details were of those other incidents. He asked for the records under Section 25 of the constitution. Northwest Medical refused to provide him with the records. Later, probably after getting some good legal advice, the hospital relented and agreed to search its records for Mr. Ginsburg’s requested data. First, though, the hospital wanted $77,550 up front. I think we can look at $77,550 as a pretty big roadblock.

Section 25 of the Florida Constitution does not set forth anywhere that the hospital is permitted to charge to do a search that will produce the information. In fact, one might argue that if a law requires the provision of certain information, a corporation is intentionally violating the law by not maintaining record keeping in a way that allows compliance. But, that is one of the favored excuses from hospitals – “we do not maintain our records in a way that allows us to easily locate that information”.

Let’s think about that a minute. You run a hospital. I mean let’s pretend you are the CEO of a major hospital corporation. You are sitting in your office trying to determine the types of reports you want to regularly look at to accomplish your job responsibly. Wouldn’t a report that tells you how many medical incidents of negligence or mistake occurred in your hospital be one of the top five reports you would want to see? So, how can that data not be readily available to anyone?

How long will health care facilities and malpractice insurance companies be permitted to simply ignore or to dodge a part of the Florida Constitution? When will our lawmakers start requiring corporate compliance? When will someone stand up for individual citizens rights?

So far, citizens are not seeing any standing up from the executive branch or the legislature.

Post to Twitter

Hopkins

Reading to Children — Taking Time to Care

Published by John Hopkins in Miscellaneous, Uncategorized

We were allowed to go to a local elementary school, Hope Centennial Elementary here in West Palm Beach, and read a book to the children.

I think the kids enjoyed themselves. I, and my colleagues, had a wonderful time!

Our law firm sees injured people daily and we try to do what we can to help them. It is our business, but we hear tough and heartbreaking stories daily and it is always difficult to experience the suffering that people must go through when they have been injured.

It is not often we can just be with children who are bright, adorable and full of the joy that goes with, well, just being kids. It is not often we are provided the opportunity to sit with a group of these children and enjoy the experience of reading.

The American Academy for Pediatrics strongly recommends reading to children from birth in order to stimulate development of the brain, language and to develop a stronger emotional relationship with your child.

I can tell you that if you can instill a love for reading in a child, you have just provided him or her with a skill that will allow them to learn anything and do anything they want to do.

It was simply a joy for me to watch each of their beautiful faces light up as we read “Book, Book, Book” together and followed all sorts of farm animals to the local library (you will have to read the book to understand the context).

But, Mariano Garcia, Laurie Briggs and Cathy Coia, and I had the time of our lives.

In fact, because the school is a “dual language” institution, Mariano Garcia read in both English and Spanish. The dual language program allows children to learn their studies in both English and Spanish.

I really hope that Hope Centennial invites us back for another chance for us to have fun reading to these wonderful children.

Post to Twitter

Hopkins

Why Do We Have to Fall Back Again?

Published by John Hopkins in Miscellaneous, Uncategorized

Do you know that we have Benjamin Franklin to thank for “Daylight Saving Time”?

Do you know the correct spelling for the time change is: “Daylight Saving Time” and not “Daylight Savings Time”?

Do you know that the main purpose of “Daylight Saving Time is “to make better use of daylight”?

Do you know that studies have been done that conclude “Daylight Saving Time trims the entire country’s electricity usage by a small but significant amount, about one percent each day, because less electricity is used for lighting and appliances?

Do you know that studies demonstrate a reduction in the number of traffic accidents and car crashes by as much as 1% as a result of “Daylight Saving Time”?

Do you know that injuries to pedestrians significantly increase after clocks are changed in the fall; to fall back an hour? Walkers are (3) times more likely to be struck at or after 6 PM once clocks are set back.

Do you know that in 1965 the twin cities of Minneapolis and St Paul used different criteria for beginning “Daylight Saving Time”? So, a person could be in one part of the city, cross to the other part and found they lost or gained an hour.

Do you know that all Amtrak trains come to a dead stop at 2:00 AM and wait one hour before they resume traveling in order to maintain their schedule?

Do you know that violent crime drops by as much as 10 to 13% during “Daylight Saving Time”?

Do you know that twins born during “Daylight Saving Time” changes may have different birthdays?

Do you know that “Daylight Saving Time” is NOT observed in: Hawaii, American Samoa, Guam, Puerto Rico, the Virgin Islands, the Commonwealth of Northern Mariana Islands, and Arizona?

Do you know that “Daylight Saving Time” is a perfect time to change the batteries in your smoke detector so they are always in working order?

Do you know that until next spring, I will get up and go to work in the dark and I will drive home in the dark? I will turn my lights on when I rise in the morning and I will turn them on when I return home after work. I am not sure how “Daylight Saving Time” will, well, save me anything!

Post to Twitter

Cal Warriner

How does the CardioGen-82 work?

Published by Cal Warriner in Miscellaneous, Uncategorized

CardioGen-82 (Bracco Diagnostic, Inc) is literally the combination of a machine that manufactures a low half-life radioactive tracer, Rubidium-82 (half-life of 76 seconds) from its parent Strontium-82 (half-life of about four weeks) and the Rubidium-82 itself. The FDA terms the machine and the Rubidium-82 combination a “drug” labeled as CardioGen-82.

Each time a patient undergoes a Positron Emission Tomography (PET) scan, Rubidium-82 is made “fresh” and on site. Rubidium-82 is made in the machine, by using saline to collect the Rubidium, which then works its way to a receptacle.  The operator measures the pharmaceutical’s radioactivity with a dosimeter-like device, and the saline carrying the Rubidium-82 then works its way into a patient syringe. The operator then instructs the computer to have the Cardiogen-82 inject a patient with the radiopharmaceutical. The radioactive Rubidium-82 then works its way through the patient’s circulatory system and through the vessels in the heart. Ultimately a PET camera captures glowing Rubidium-82 enhanced images of the heart, and physicians then interpret where cardiac circulation might be compromised.

In a perfect world, PET scanning using CardioGen-82 is preferred because it is easier to make and use, and more accurate than other methods such as SPECT (Single-Photon Emission Computed Tomography) or N-13 (radioactive ammonia, which has a half-life of 10 days and requires an expensive cyclotron based process to manufacture). However, the complex nature of CardioGen-82, including the way that Rubidium-82 is collected and then injected into the patient necessitates dedicated quality control, technologically advanced operator experience, and great care on the part of the manufacturers, distributors, and end-users of the CardioGen-82.

Recently in June 2011, three patients who had undergone CardioGen PET four months earlier were crossing the Canadian border into the United States and failed a routine Homeland Security radioactivity screening. The screening had become mandatory after the Japanese earthquake, which occurred in March 2011, initiating a tsunami that devastated several Japanese nuclear facilities. After the Japanese tragedy, Homeland Security considered radioactivity screening of international travelers a routine and necessary safety precaution.

After learning that more than one patient had lit up Homeland Security’s Geiger detectors, The FDA issued CardioGen-82 radioactivity danger warnings in July, 2011. Shortly thereafter, Bracco voluntarily withdrew CardioGen from the market, and sent the units for testing to the Los Alamos National Laboratory in New Mexico. At first blush, the FDA attributed the abundance of radioactivity still remaining in the scanned patients, four months after their procedures, as being due to a phenomenon called “breakthrough.”

(more…)

Post to Twitter

Steve Smith

Patient Protection and Affordable Care Act — A Summary of the Summary

Published by Steve Smith in Miscellaneous, Uncategorized

The passage of the Patient Protection and Affordable Care Act, (often called “Obamacare,” by those who oppose the Act) is leading to a fundamental restructuring of how we Americans pay for our health care. The law itself is long and complex. Here’s a 907 page legal summary, if you’re ready for a challenge. I’ll just wait here while you study up…

Didn’t get far? You’re not alone.  There is a lot of “legalese” to wade through, and the courts will be busy untangling much of the meaning for many years to come. But many of the essential aspects of the program are reasonably straightforward, including several provisions that have already been enacted as the law of the land. This includes parts of the Act that address preexisting conditions and the availability of health insurance.

Since September 2010, parents who purchase or renew insurance plans can obtain coverage for their children up to age 26.

Pre-existing health conditions cannot be excluded from coverage for children less than 19 years old.

Insurers are now prohibited from dropping policyholders if they get sick and make claims.

Other key provisions of the Patient Protection and Affordable Care Act (ACA) include:

  • Insurers will be prohibited from establishing yearly and lifetime spending caps, and will be required to spend a certain percentage of collected premiums on actual health care rather than marketing, advertising and executive compensation Imagine!
  • Insurers will no longer be allowed to deny coverage for adult consumers because of pre-existing conditions or raise their premiums if they develop problems.
  • Coverage options will expand. An expansion of Medicaid will bring coverage to an estimated 16 million new enrollees and 40 percent of them will be under 30 years old.
  • Individuals can also seek coverage from state-run exchanges — a new competitive marketplace for private health insurance that’s designed to give individuals and small businesses access to affordable coverage.
  • Essential mental health and substance use disorder services must be covered as part of the benefits package by all insurance policies offered through the exchanges and Medicaid.
  • ACA eliminates lifetime caps on benefits and restricts insurers’ use of annual caps for all new plans issued after December 2010. So if you have chronic conditions that are expensive, you can seek your services and not lose your insurance.
  • ACA also puts a stop to rescission — the practice of dropping patients from coverage, usually when their medical expenses are high — except in cases of misrepresentation or fraud.
  • ACA also focuses on preventive health, which means that consumers purchasing new plans will no longer have to face copayments or other forms of cost-sharing for preventive services, such as depression screening, drug and alcohol misuse screening and smoking cessation efforts.
  • A report by the Center for Medicare Advocacy, Inc. states that, with the reform bill, Medicare savings will be about $130 billion over 10 years, by reducing overpayments to private Medicare Advantage plans.

The most controversial part of the Act is the universal mandate. This is the requirement that all Americans have some kind of approved health coverage (either as part of a commercial insurance plan or government program) or be subjected to a yearly penalty.

Currently, legal challenges to the mandate are winding through the courts, with some jurisdictions upholding and some striking down this provision. In all likelihood, the issue will ultimately be decided by the US Supreme Court. However the issue of a universal mandate is decided, other parts of the legislation will likely remain unaffected. The Constitutional challenge is not about whether the mandate is a reasonable economic decision, but whether the government is legally empowered to enforce the issue.

Once the entirety of the legislation goes into effect, health insurers will be required to offer plans with premiums based only on age and geographic location.  This is extremely important to consumers because it levels the playing field for those with more-complex health conditions.

Over the past year, there has been conflicting and misleading information about the Patient Protection and Affordable Care Act (ACA), led mostly by insurance industry lobbyists and special interest groups. This has led to some astonishing levels of confusion amongst consumers.

National Public Radio reported that among those lacking insurance, 41 percent incorrectly think the law lacks provisions to help those with modest means pay for health insurance (7 percent said they didn’t know) and 37 percent incorrectly said the law doesn’t include an expansion of the Medicaid program to low-income, able-bodied adults (16 percent weren’t sure).

According to a new Kaiser Family Foundation monthly tracking poll, a full 50 percent of uninsured people have no clue what health insurance benefits are to come with full implementation. Fewer than 31 percent say they think the law will help them obtain health insurance, although the ACA is projected to insure 32 million people who currently do not have coverage.

On the political side, as reported by the Henry J. Kaiser Family Foundation, consumers identifying themselves as Republicans and reported having a favorable view of the Affordable Care Act has reached its highest level in August, 2011; with 24% having that opinion since the law was passed last year,  At the same time, support among consumers identifying themselves as Democrats was at its lowest level, 60%, according to the most recent data from the monthly Kaiser Health Tracking Poll. Among independents, 33% expressed a favorable opinion toward the ACA in August, down from 38% the month before.

Overall support among all Americans dropped from 42% in July to 39% in August, the lowest level since the ACA was passed. Overall, 44% of Americans expressed an unfavorable view of health reform and 17% said that they didn’t know or declined to express an opinion.

Despite the ongoing controversy and pending legislation, it is important to note that the ACA doesn’t just impact the uninsured; it strengthens the coverage for people who are already insured.

Post to Twitter

Karen Terry

Your Pet and Travel Safety Tips

Published by Karen Terry in Miscellaneous, Uncategorized

Many pets love riding in the car. However, driving with your pet can often lead to distraction and danger if you are not careful. Here are some tips to help both you and your pet arrive safely to your destination.

Tip #1: Never leave your pets alone in the car!

According to the American Society for the Prevention of Cruelty to Animals (ASPCA), when the outside temperature is 85 degrees Fahrenheit, the interior of a parked car can reach a sizzling 102 degrees in just 10 minutes and 120 degrees within half an hour.  And that’s even if you leave the windows cracked an inch or two.  Such temperatures put your dog or cat at serious risk of death from hyperthermia.

YouTube Preview Image

Furthermore, it is against the law in Florida and many other states to leave an animal in a hot car.  Consequently, not only are you putting your pet in danger, you are putting yourself at risk for being charged and convicted of animal cruelty and/or a hefty fine.

Florida Statute 828.13. Confinement of animals without sufficient food, water, or exercise; abandonment of animals

(2) Whoever:

(a) Impounds or confines any animal in any place and fails to supply the animal during such confinement with a sufficient quantity of good and wholesome food and water,

(b) Keeps any animals in any enclosure without wholesome exercise and change of air, or

(c) Abandons to die any animal that is maimed, sick, infirm, or diseased, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and a fine.

Tip #2: Don’t let your pet roam around a moving vehicle

Who hasn’t seen a dog sticking his head through a moving car’s rolled-down window?  The dog is obviously having the time of his life, but this fun can be dangerous to your pet’s health.   Don’t give your dog the freedom to stick his head out of the window or otherwise roam in your car.

A pet roaming around a car puts you, your pet, and others on the road in danger and creates several risks such as:

  • A pet with his/her head outside the window can cause serious eye injuries, damage its inner ear and even expose him/her to lung infections.
  • A pet outside of the window puts it at risk of being struck by flying debris.
  • A moving dog or cat can be thrown violently if you have a wreck or suddenly stop your car.
  • Most importantly, it can create a dangerous distraction to a driver. A sudden sniff of your ear or lick of your nose can be all it takes to divert your attention from the road for too long resulting in a serious accident.  Shockingly, approximately 30,000 accidents are caused each year by an unrestrained dog sitting in the front seat, according to the American Automobile Association.

So what should you do? The ASPCA recommends you place your dog or cat in a “well-ventilated crate or carrier” that gives your pet just enough room to stand up and turn around.  In addition to limiting a pet’s movements, crates and carriers also provide protection in the event of a crash.  For large dogs, a crate may not be an option; in these instances, restrain your dog with a harness that attaches to the car’s seat belts. Although they don’t provide the same degree of crash protection as crates, harnesses can at least limit your pet’s movements; eliminate them from becoming a projectile dangerous to themselves and others; and prevent him from suddenly bolting from the vehicle when you open the car door.

Tip #3:  Allowing proper walk, food, and bathroom breaks

When taking a road trip with your pet, make sure you have a gallon of cold water with you to keep your dog or cat sufficiently hydrated and be prepared to make regular stops.  The American Veterinary Medical Association (AVMA) says you should stop every two to three hours to allow your dog to use the bathroom and get some exercise.  AVMA also recommends keeping a familiar blanket or toy by your pet to help it feel more comfortable and calm during the drive.

Before embarking on a long trip, you should take some shorter drives around town with your pet to see how he responds, says Dr. Meg Wright, a veterinarian with the Powers Ferry Animal Hospital in Atlanta. “Is he anxious? Does he get car sick?” she says. “These are things you want to find out before you embark on a long trip with your canine or feline friend. In these cases, your vet may be able to prescribe a light sedative.”

By following these steps, you can better ensure safe travels for your human and animal family members, while improving the safety of others on the road around you.

Post to Twitter

Hopkins

Do You Know — We Have an App for That!!

Published by John Hopkins in Motor Vehicle Accidents, Uncategorized

Automobile accidents happen. With the sheer numbers of people driving on roads in South Florida crashes, fender benders and car accidents are inevitable. In many of those accidents no one is seriously injured; sadly in some people suffer significant injuries and tragically sometimes death.

When an automobile accident happens information is important, but it is also a time when recalling that important information is difficult.

So, we created the accident checklist on our site to assist drivers in the unfortunate event of a car crash and we have tried to remind you that obtaining accident information is important.

Now, “we have an app for that”! We have produced a free iPhone app for use in the event of an accident. You can obtain the SearcyLaw Accident Dashboard for free, on the Apple site by clicking here.

We hope that you never suffer a traffic accident, but if you do, we hope the app we have created will be of assistance to you.

Post to Twitter

  • Subscribe to SearcyLaw Blog
  • Searcy Blog RSS Feed
  • Follow SearcyTalk on Twitter
  • Related Posts Widget for Blogs by LinkWithin