Any adult who hosts such a party, and even homeowners who are not on the property at the time it occurs or who were not the ones who provided the alcohol, can be held liable for any injury or accident that happens on the premises. Additionally, providing alcohol to minors is breaking the law, and anyone doing so can face criminal charges.
]]> A person who provides alcohol to teens can face driver’s license suspension, fines, and jail time. He or she may face other penalties, such as increased homeowner’s insurance, liability for property damage, and responsibility for the medical bills of anyone injured on the property.Adults who are considering hosting a party with alcohol that will be accessible to underage drinkers should consider the lifelong implications that can happen. Are a few hours of fun worth the consequences if someone is seriously injured or killed?
Providing a place for teens to party with alcohol can result in a multitude of legal and criminal consequences. This summer, keep in mind the safety of the teens you care about. Make smart choices about the type of place you provide for them to hang out, as well as setting a good example, knowing where they’re staying, and what’s going on when they’re out with their friends.
Source: VoicesNews.com, “Group Urges Caution in Hosting Teen Parties,” June 9, 2013
]]>The Wyoming Supreme Court reversed a previous ruling from the state’s district court that initially disqualified a man’s medical malpractice lawsuit against Cheyenne Regional Medical Center. Originally, the district court ruled that the man failed to file his lawsuit within the two-year required time period.
]]> When the man was hospitalized for pneumonia complications in 2007, a hospital employee injured his shoulder and arm while attempting to move him in bed. He received physical and occupational therapy for his injury, and continued to seek treatment after being released from the hospital when he couldn’t move his shoulder. A neurologist diagnosed him with a brachial plexus injury, which damaged the nerves running from his shoulder to his arm and hand.The man filed a negligence lawsuit against the hospital in 2010. The hospital requested the court to dismiss the claim, saying he had missed the two-year deadline. However, Supreme Court justices ruled that the continuous treatment the man had received during and after his hospital stay meant he had filed just within the deadline parameters.
Attorneys say the issue of misinterpreting deadlines and the continuous treatment rule is common. This is an important reason to be sure an experienced personal injury attorney is representing you, in case any of the laws regarding medical professional negligence and hospital mistakes are interpreted wrong by the court.
Source: Wyoming Tribune Eagle, “Wyoming Supreme Court reverses malpractice ruling,” Kelsey Bray, May 30, 2013
]]>Reportedly, bad neck injuries occur at twice the rate with a low-speed accident than at a high-speed crash. You might wonder how it’s possible for severe pain to result from a small fender-bender. The theory is that improved vehicle designs which reduce the amount of damage to cars in a low-speed impact may be to blame. A stiffer vehicle design, as well as more solid seats to keep people from being thrown through rear windows in a collision, are said to transfer the energy from a low-speed crash into the occupants of a car.
]]> Whiplash-type injuries to the neck, shoulders, and back have greatly increased with automobiles that are built to better withstand damage from a minor crash. Other unexpected but serious injuries can also occur, such as damage to nerves and ligaments, bleeding along the vertebrae, and even small fractures. These injuries often require long-term medical care. In fact, about 70 percent of whiplash injuries continue to cause pain to patients 15 years after the initial accident.Not surprisingly, spinal injuries that cause pain for many years will require a great deal of medical expenses. Many victims of rear-end collisions and other fender benders that cause back injuries will want to pursue compensation for their injuries.
Source: The Hour, “Minor car accidents can cause major injuries,” Brenda and Erik Slovin, May 20, 2013
]]>A study that was conducted at Beth Israel Medical Center in New York investigated the possibility of the labor-inducing drug Pitocin causing complications during labor or birth injuries. Pitocin is the drug hospitals use most often in the U.S. to start or maintain labor. The Centers for Disease Control and Prevention say over 23 percent of pregnant women were induced in 2010.
]]> The study followed over 3,000 women who gave birth to full-term babies at Beth Israel between 2009 and 2011. Researchers found a link between the use of Pitocin and a baby’s unexpected stay in the neonatal intensive care unit (NICU) for at least a day. Also, Pitocin may have been a factor in babies’ low Apgar scores--tests of a newborn’s physical condition, of which a score under 7 is cause for concern.Experts say that it’s unclear yet whether there are definite risk factors with the drug Pitocin and newborn babies’ health; however, the results of this study may indicate that expectant mothers in Maryland should be aware of the potential risks of the drug.
Source: Huffington Post, “Pitocin Risks? Study Raises Concern About Drug’s Safety During Childbirth,” Catherine Pearson, May 7, 2013
]]>Children are especially vulnerable to injuries or worse with many of the summer activities the rest of us take for granted. Swimming pools are a great source of danger for kids who can’t swim, and even for some who can. Some residences don’t have their backyard pools fenced or locked up, and this can be very dangerous to child visitors as well as residents.
]]> Tragically, a 3-year-old Tucson girl drowned in a backyard swimming pool last week during a gathering of friends and family at a residence. Authorities say there were several adults and older children present in the home, and people had not seen the little girl for 15 minutes before she was discovered in the pool shortly before midnight. After pulling the child from the pool, adults received CPR instructions from 911 operators until paramedics arrived. Sadly, efforts to save the little girl at a local hospital were unsuccessful.The backyard pool didn’t have a fence to keep non-swimmers away. The Sheriff’s Department is investigating the accident, but it’s unknown at this time whether there will be any charges. It’s possible the child’s parents could pursue a lawsuit against the owners of the home. Because child drownings are an unfortunate occurrence every summer in residential properties across the country, it’s crucial for homeowners to take safety precautions to protect children.
Source: KVOA.com, “3-year-old drowns in backyard pool,” Scott Oathout, May 6, 2013
]]>SSM Health Care-St. Louis and a neurosurgeon working at the hospital have been sued for allegedly operating on the wrong side of a patient's brain, causing permanent disability. The patient, a 53-year-old former paralegal, had been scheduled for a left-sided craniotomy bypass in an attempt to stop persistent mini-strokes that were affecting her speaking ability. As a result of the botched surgery, the woman requires constant care for her basic needs now, and her speech is unintelligible. Her attorney says she suffers from emotional distress, anxiety, disfigurement, and depression.
]]> Anyone would hope that this is just an isolated case, but the Journal of Neurosurgery has stated 35 documented cases of wrong-side brain surgeries from 1996 to 2009 in this country. Additional cases may have gone unreported.The woman’s lawsuit accuses the hospital and the surgeon of negligence and carelessness. Because of the severity of her disability, it could greatly help her family to receive compensation for her ongoing medical expenses. Holding the hospital and doctor responsible for medical professional negligence might also help to prompt better procedures for surgery and for reporting mistakes, so this type of surgical error doesn’t happen again.
Source: St. Louis Post-Dispatch, “Lawsuit accuses surgeon of operating on wrong side of woman’s brain,” Jim Doyle, April 30, 2013
]]>Unfortunately, medication errors still do take place in Maryland and elsewhere in the country. Whether a drug is incorrectly prescribed by a physician, or problems haven’t shown up in testing but end up harming someone, it opens the door for a medical malpractice lawsuit. Three dozen minors are filing such a lawsuit against Abbott Laboratories Inc. in the U.S. District Court for the Southern District of Illinois where Abbott is based, for injuries they suffered while their mothers took the anti-epileptic drug Depakote during pregnancy.
]]> Lawyers for the plaintiffs claim that the drug was inadequately tested and lacked the proper warnings that said it was dangerous for unborn children. The drug is said to cause severe birth defects if mothers take it during their first trimester. The minors filing the lawsuit suffered from spina bifida, heart problems, and other birth defects. Their claim seeks compensation for their injuries and significant medical expenses, physical and mental pain and suffering, loss of enjoyment of life, and loss of future capacity earnings.Other people who have been hurt by inadequately tested medications may have reason to hope that the final ruling for this lawsuit can make a difference with testing, to protect unborn babies from suffering preventable birth defects.
Source: The Madison-St. Clair Record, “Three dozen plaintiffs file another suit over Depakote; Cases mounting in So. District of Illinois,” Bethany Krajelis, May 2, 2013
]]>Brigham and Women's Hospital started publishing a monthly employee newsletter in 2011. The publication encourages their staff to freely talk about patient mistakes in order to find solutions and prevent them from being repeated. Patients and staff are interviewed for their stories, while names are kept anonymous to protect privacy and not discourage staff from speaking up.
]]> In one case that was reported through the newsletter, a woman waited for hours at Brigham and Women's Hospital with abdominal pain, before leaving and getting an appendectomy at another facility. In response, a policy change at Brigham and Women's led to 20-minute ER waits, with more doctors and nurses being called in if the emergency room gets too busy. Another story inspired a requirement for doctors and pharmacists to consult with each other before prescribing medications with dangerous side effects if they interact with each other.Initially, patients were surprised that they were given a voice and listened to. And although administrators say it's not yet clear whether disclosing their errors in this way has led to an overall improvement of care at their hospital, several suggestions and changes in procedure have come up as a result of many of the patient error stories talked about. Hopefully in the future, we'll see if reporting errors more thoroughly can help prevent life-changing or fatal medical errors.
Source: The Boston Globe, "Brigham and Women's airing medical mistakes," Liz Kowalczyk, April 9, 2013
]]>Sometimes even the best precautions don't keep someone from getting hurt, and sometimes protective equipment itself can be held liable for not doing what it was designed to do. In a recent lawsuit against the football helmet manufacturer Riddell, the family of an injured teenager was awarded $11.5 million. The Colorado teen has permanent brain damage and paralysis on his left side, after suffering a concussion during football practice in 2008. Riddell is also the defendant in a similar lawsuit in Los Angeles, and is the subject of a complaint by thousands of former National Football League players.
]]> Some high school administrators and coaches were also found at fault in the teenager's case. Jurors ruled against helmet design defect allegations, but said the helmet maker was negligent with warning consumers about the dangers of concussions. Riddell was found to be 27 percent responsible for the teenager's brain injuries and $3.1 million of the damages.With all types of protective sports equipment, it can be crucial to provide information on the injuries the equipment was designed to protect against. Too often, parents and coaches may assume that using the equipment automatically protects the player against all harm. This isn't always the case, as no piece of equipment is foolproof. If it's found that a manufacturer failed to provide proper warnings with its protective equipment, the company can be liable for a patient's medical expenses and long-term care.
Source: The Hour, "Colo. jury awards $11.5M to family in helmet suit," April 15, 2013
]]>The da Vinci robot is most often used for removing and transplanting organs such as gallbladders and kidneys, repairing heart valves, and performing surgery on obese patients. Surgeons report that performing surgeries remotely, sitting at a computer monitor, is less tiring than conventional surgery. Also, the robotic hand doesn't shake like surgeons' hands can.
]]> However, there has been an increase in the amount of problems with the machinery that hospitals reported last year. In one case, the robotic hand wouldn't let go of a patient's tissue during surgery and doctors had to shut the system down. A man's colon was accidentally perforated during prostate surgery. And during a hysterectomy, a woman died when the robot accidentally cut a blood vessel.A Johns Hopkins surgeon who co-authored a research paper on the subject believes many problems with the da Vinci machine are underreported. Doctors' inexperience working with the new technology may be partly to blame for some mistakes.
Perhaps by holding hospitals responsible for these medical errors, a more standardized training system will be adopted in hospitals that use da Vinci, and fewer surgical errors will result. If improvements are made that make the surgical robot safer to use, then new technologies like this will certainly benefit patients everywhere.
Source: TIME, "FDA Investigating Potential Problems with Popular Surgical Robot," Lindsey Tanner, April 9, 2013
]]>A specialist in pediatric sports medicine agrees that baseball is great exercise for kids of all ages, and improves hand-eye coordination and other developmental skills. However, he cautions that there are risks associated with even the safest sports. He says parents and coaches need to make sure to take certain precautions and provide the necessary safety equipment and training to reduce the chance of child injury.
]]> Eye injuries are most commonly associated with kids playing sports, including baseball, with almost 40,000 sports-related eye injuries each year - baseball being a leading cause. Because children's depth perception is still developing, the pediatric specialist recommends protective lenses, especially for children who wear glasses, and a face shield for the batter's helmet.Other risks common to baseball include shoulder and elbow injuries with pitchers and catchers, the risk of being hit by a thrown bat, and inattention by players not currently in the game. Experts caution for coaches to teach kids to be attentive at all times, even while in the dugout.
Being seriously injured while playing a sport can cause a liability issue for the sports team or owner of the property where games are played. Many popular spring and summer sports carry the risk of head trauma, broken bones, and other injuries, but most experts agree that with the proper training and precautions, there's no reason not to have fun and enjoy summer sports.
Source: NewsMedical.net, "Children are vulnerable to eye injury while playing baseball, expert says," Mar. 28, 2013
]]>A dentist in Oklahoma has voluntarily relinquished his license and shut down his two practices, after health inspectors found numerous violations and unsanitary hygiene procedures that could put the health of about 7,000 patients at risk. After a patient tested positive for hepatitis C without having any known risk factors, health inspectors visited the dentist's practices and found rusty instruments and unsanitary practices. These included placing used needles back into medicine vials, using expired or out of date drugs, and allowing dental hygienists to perform procedures only a dentist is licensed to do.
]]> The dentist admitted to treating a high population of patients with serious infectious diseases such as hepatitis B, hepatitis C, and HIV. He could lose his license permanently after a hearing this month. His practices prompted the state Dentistry Board to call him a "menace to the public health." Fortunately, a spokeswoman for the Centers for Disease Control and Prevention has said health situations in dental practices are rare.Any time medical professional negligence puts the health of patients at risk, or results in illness or injury, patients are entitled to seek compensation. If more of the dentist's previous patients test positive for serious diseases, they would certainly have a case against him.
Source: NBCNews.com, "Dentist's office a 'menace'; HIV tests urged for thousands," Justin Juozapavicius, Mar. 28, 2013
]]>Since March is Brain Injury Awareness Month, medical experts have put together a list of warning symptoms that may signal a serious head injury. Being aware of these signs is one of the ways people of all ages can stay safe while enjoying their favorite sports or activities. If you or someone else has fallen or received a strike to the head, a visit to the doctor is highly advised if any of the following signs are noticed:
• Tired, slow-moving, clumsy, dazed or confused
• Slow or uncharacteristic speech, a difference in behavior
• Dizziness or double or blurry vision
• Loss of consciousness, even briefly
• Nausea or headache, feeling generally sick
• Bright lights or noise cause pain or discomfort
]]> Children are especially vulnerable to brain trauma, so it's important that parents and coaches fully understand the above signs and engage in safe play precautions, such as helmets with football practice. If a serious head injury does occur, those who are injured should not return to their normal sports or activities until a doctor says it's safe; otherwise, long-term brain damage may result.Despite safety precautions and awareness, accidents will still happen. If someone else's negligence is the cause of a head injury, the victims are entitled to seek compensation for their medical expenses and other problems resulting from the accident.
Source: York News Times, "Brain injury awareness month," Mar. 23, 2013
]]>Sponges are the most common surgical item to be left inside a person's body, and can cause debilitating pain, permanent scarring, deadly infections, and other serious, life-changing problems. Many patients suffer for a long time before the cause is identified. Hospitalizations and treatments for "never events" can cost over $60,000 in medical expenses - which Medicare doesn't cover - and medical malpractice lawsuits cost hospitals up to $200,000 for each case.
]]> New technologies, such as embedded tracking devices, greatly reduce or eliminate the possibility of sponges being left inside a patient's body. However, only about 15 percent of the country's hospitals utilize this technology, despite a cost increase of only $8 per surgery, and untold savings in lawsuits and emergency treatments. Two major hospitals - the Mayo Clinic and Indiana University Health system - reported zero cases of sponges being left in patients' bodies for four and five years, respectively, since implementing sponges with tracking systems in their surgeries.It's unfortunate that these easily preventable errors still happen across the country about a dozen times a day. In cases of hospital negligence when a medical center's system for tracking surgical instruments fails and personal injury results, victims are entitled to seek compensation for their damages.
Source: USA TODAY, "What surgeons leave behind costs some patients dearly," Peter Eisler, Mar. 8, 2013
]]>In an incident that shows just how important it is to run a safe facility for disabled adults - and how serious the repercussions can be - the owner of a Boonsboro assisted-living home has been charged for an accident that injured a resident. After an 84-year-old Alzheimer's patient fell through an unfinished floor and was seriously injured, police say the owner didn't summon an ambulance until at least five hours after the accident. The elderly woman suffered a head injury and broken ribs and vertebrae.
]]> Investigators say the owner tried to cover the incident up before admitting he didn't lock a stairwell door that would have prevented the patient from entering the second-floor renovation area. Maryland's Department of Health and Mental Hygiene has revoked the facility's license, and the owner was charged with reckless endangerment and neglect of a vulnerable adult.Injuries such as the ones this patient suffered can result in permanent disability, additional medical expenses, and hardship and heartache for patients' families. When a facility's negligence causes the injury of someone under its care, patients and their families have the right to pursue compensation.
Source: CBS Baltimore, "Md. Revokes Assisted-Living Home's License," Mar. 8, 2013
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