Law Offices of Ivette Gonzalez, P.A.

The Firm Makes Children Happy During the Holidays!

2011-02-14T09:21:00.000-08:00

On December 17, 2010 the staff at The Law Professionals was able to put a smile in the faces of 1st graders at Francis Tucker Elementary School, a school located in the area of Coconut Grove, in Miami-Dade County, Florida. The staff arrived at the school with toys, cookies, and even a SANTA CLAUS!

Efrain Alvarez, better known by everyone at the firm as "Frank" was gracious enough to wear a full Santa Claus outfit for the children. Mr. Alvarez's employment with the firm is one as legal assistant of attorney Ivette Gonzalez. He was happy to dress up for the occasion!

The unexpected visit brought incredible happiness and laughter to the children who got a chance to play games, receive gifts, and even got to hug and shake hands with "SANTA".

The experience is one that the firm's staff will never forget! Attorney Gonzalez hopes to be able to repeat the event every year, which she sees as an opportunity to give back to a community that has given so much to her. In that regard, Ms. Gonzalez expressed her gratitude to be able to do things like this for her community while helping those that many times won't be getting much during the Holiday Season. She also took the opportunity to thank her valuable staff and co-workers for helping make the event a true success. Special thanks also went to Daniela Sanchez, a young filing clerk at the firm who was entrusted with the difficult task of organizing the event, something that she clearly was able to do quite well, meeting and exceeding all expections. CONGRATULATIONS!

HAITIAN TPS

2010-02-08T17:19:00.000-08:00

WE ARE VERY PROUD TO ANNOUNCE THAT IN ORDER TO HELP THOSE WHO NEED IT MOST, OUR FIRM IS RESPONDING TO THE CRISIS IN HAITI BY OFFERING FREE LEGAL SERVICES TO THE HAITIAN COMMUNITY SPECIFICALLY HELPING THE COMMUNITY WITH THEIR TPS APPLICATIONS. PLEASE CONTACT THE FIRM FOR AN APPOINTMENT WITH ATTORNEY IVETTE GONZALEZ AT YOUR EARLIEST CONVENIENCE.

Coalition Addresses Criminal Charges for Medical Errors

2007-12-08T09:36:00.000-08:00

Injuring patients who are reliant on care and comfort is a nightmare for most nurses. The frightening fallout linked to making a medical mistake includes a life of guilt, regret, and sadness.

But more and more, healthcare professionals who make medical errors face a more worrisome penalty ---- criminal charges.

In late 2006, the Wisconsin Department of Justice charged obstetric nurse Julie Thao with a felony for making a medical error that caused the death of a patient.

Although Thao pled no contest to two lesser misdemeanor counts for the role she played in the death of a patient at St. Mary's Hospital in Madison, Wis., the direction society is moving by prosecuting nurses who err unintentionally is scary indeed, says Gina Dennik-Champion RN, MSN, MSHA, executive director of the Wisconsin Nurses Association.

"When she was charged, it was like getting hit in the stomach. I think every single one of us as a nurse said, 'Oh my God,' " Dennik-Champion adds. "There was talk about it being an error and why should one be charged criminally for making a mistake. That prospect has a chilling effect on nurses who want to participate in a culture of patient safety."

In May, as part of its response to the court's ruling, the Wisconsin Nursing Coalition, a semi-formal collective of practitioners, educators, union organizers, politicians, and other specialists, drafted a working paper on nursing fatigue, which is identified as playing a role in the occurrence of mistakes. Then the coalition distributed the paper to its affiliates. Filled with research, recommendations, and strategies, the paper is an outline meant to be added to or changed as best fits each group.

"What we are trying to do is build awareness for the nurse and provide things to think about when it comes to fatigue, including some of the ethical issues that go with it," says Dennik-Champion, a coalition member.

There's no question nurses should own up to errors, but they should not be alone in shouldering the responsibility for a culture of safety, she adds.

"It has become commonplace and accepted among administrators and their peers to mandate that nurses work overtime," says Stephanie Bloomingdale, director of public policy for the Wisconsin Federation of Nurses and Health Professionals. "The way we see it is that currently we have employers out there who are absolutely irresponsible in forcing nurses to work mandatory overtime.

"When nurses work prolonged hours and are forced to work beyond the end of a shift, they are often fatigued ---- and we know that fatigued nurses are more likely to make mistakes," Bloomingdale says.

Thao's error, which consisted of administering an intravenous epidural in place of penicillin, was made while working a shift separated by only seven hours from a double 16-hour shift the day before, according to published reports.

Proponents of Thao say her medication mistake, like the more than 7,000 fatal medication errors that occur each year, according to the Institute of Medicine, was one error in a series of systemic misdeeds.

Responsibility needs to rest with all of those involved in a hazardous staffing condition that places patients at risk and is allowed to persist, Bloomingdale says.

"I think there's this sense that this is an injustice," she says. "It's certainly not fair to patients ---- no one should go to the hospital and have to receive care from someone who's been there for 16 hours ---- but it's not right that management puts nurses in this position and then, when mistakes are made, the nurse is charged criminally, essentially ruining her life."

Throughout the healthcare industry, last year's incident triggered a wave of apprehension and compelled hospitals across Wisconsin to examine staffing and fatigue issues, says Brad Manning, PhD, immediate past president of the Wisconsin Medical Society and a plastic surgeon at Meriter Health Services in Madison.

But there's no readily apparent solution in an industry beleaguered by shortages, he says, adding that the medical society voiced strong opposition against criminalizing a mistake.

"On the one hand, there's a set amount of work that needs to be done and, on the other, we have to be able to assure patients we're doing the best and safest possible work for them in the safest possible way," Manning explains.

Nurses want to be team players and do what's best for the patient and employer by volunteering to work extra shifts. However, the nurses also want to be told they can't work overtime because of fatigue issues, Dennik-Champion says.

For hospitals not to recognize the nursing shortage and its ramifications and not make amends ---- either by stepping up recruitment or changing policy ---- conveys they are comfortable putting people in jeopardy, Bloomingdale says.

To head off dangerous staffing protocols, Bloomingdale's group now is drafting legislation that would prohibit mandatory overtime except in cases of unforeseen emergencies.

It's a policy change that needs to happen sooner than later because an unintentional act was shaped by actors at several levels in a hospital, yet still deemed individually criminal.

"The more of this kind of thing that happens, the more you discourage certain people from going into these professions," Manning says. "And I think we run the risk of pushing forward shortages in nursing or medicine, whatever the area in the hospital."

Written by Robin Huiras for Nurse.com

Federal Judge Declares Rental Car Immunity Unconstitutional.

2007-09-25T08:47:00.000-07:00

In a landmark ruling for our Florida plaintiffs, United States District Judge K. Michael Moore has held that the federal rental car immunity statute, 49 U.S.C. § 30106, commonly known as the Graves Amendment, which purports to regulate vicarious tort liability of car rental companies, is an unconstitutional overreaching of Congress’ power under the Commerce Clause. In his well-analyzed opinion, Judge Moore held that the Graves Amendment directly indicates an intention to pre-empt state law. The Court concluded that Congress exceeded the authority granted by the Commerce Clause because the statute: regulates tort liability but:

1-Does not directly regulate either channels of interstate commerce or the use of those channels;

2-Does not regulate the use of instrumentalities of interstate commerce; and

3-Does not substantially affect interstate commerce.

The Court found that there is no evidence that vicarious tort liability for car rental or leasing companies would undercut some larger federal regulatory scheme for the car rental industry. Nor is vicarious tort liability for car rental or leasing companies being used by states to control interstate commerce in rental cars. Nor has any argument been raised that the car rental or leasing industry requires protection, or is in the least bit of danger.

The Plaintiff in this case, a thirty seven year old was severely injured in February 2006 when the motorcycle he was riding was struck by the driver of an Alamo rental car in Marathon, Florida. The Plaintiff suffered closed head injury and cervical spine fractures due to the rental car driver’s negligence. The personal injury action filed in the Circuit Court for Monroe County, Florida was removed to the United States District Court on diversity jurisdiction grounds. Alamo’s parent, Vanguard Car Rental USA, Inc. filed an action for declaratory judgment claiming immunity from liability based on the Graves Amendment. The Court consolidated the underlying tort and declaratory judgment actions. The tort action is currently pending before Judge Moore and awaiting a trial date.

Based upon the earlier favorable ruling in New York on the unconstitutionality of the Graves Amendment, the attorneys recognized that the constitutional challenge would be pivotal in their case in Florida.

Congratulations!

Coalition Addresses Criminal Charges for Medical Errors

2007-09-25T08:41:00.000-07:00

The new site has been launched!

2007-07-08T05:37:00.000-07:00

Today we launched the new version of the site that will enable us to communicate more effectively with our clients.