Injuryboard Regional Blogs

Car Accident Preparation: Your Best Defense

Christy Thompson — Sun, 08 Nov 2009 02:24:27 GMT

When you've been in a bad car accident, there's plenty to handle that seems so overwhelming. Before talking to insurance companies or engaging legal counsel, there are a few things to consider for your own personal wellbeing and for your family.

Accident Preparation:

Anyone can have a car accident at any time. Prepare for this possibility by carrying a disposable camera in your glove box along with additional proof of medical and car insurance, any documentation of health issues, a list of emergency contacts, and a notepad and pen to document the particulars of the accident, including the insurance information of other parties involved in the accident and license plate numbers.

Medical Attention:

Whether or not you went to the emergency room, a full spectrum of physical assessments should be considered: do you need a CAT scan or MRI? Do you need X-rays? Before you do anything else, see your primary care physician to determine the breadth and depth of your injuries. Ensure that any change in your physical health caused by the accident are properly documented, and ask for copies from your health chart as you may need them for your attorney or insurance providers.

Mental Health:

Was the accident sufficiently severe to cause mental health issues? Did you lose a loved one? Was a child lost, or someone close to you injured seriously? Did you yourself sustain injury that will irreversibly change your daily life? If so, you will want to engage the services of a mental health professional, such as a psychologist, therapist or psychiatrist.

Physical Therapy:

If recommended by your health care professional or emergency room staff, physical therapy should begin as soon as soon as directed. Regardless of what may be going on legally or with insurance companies, make sure that you tend to the needs of your body by staying on schedule with prescribed physical therapy.

The Police Report:

Typically, a police report documenting the details of the car accident will be available within five to seven days of the occurrence. The report is retrievable from the police department within the jurisdiction where the accident occurred. Before agreeing to anything from yours or any other insurance company, get a copy of the police report. If you are physically unable to do this, a family member or friend can obtain the report for a nominal fee (usually five to seven dollars).

Your Final Will and Testament:

In the event of the worst case scenario, you want to make sure that all of your affairs are in order. Regardless of your age, if you operate a motor vehicle, having a final will and testament will behoove your family and ensure that your final wishes are met. No one wants to consider this possibility, but endeavor to consider how well served your family will be in your absence should such a catastrophe occur. A final will and testament could be what makes it possible for your loved ones to carry on more comfortably in the event of a tragedy.

This list of considerations will save a great deal of time for you and your family both before and after an accident and if you decide to engage legal counsel. Remember, before making any statements to any insurance companies in the event of a serious accident, enlist the assistance of a lawyer you can trust.

Originally posted at InjuryBoard by Christy Thompson

Orlando, Florida Theme Park Injury Reports

Ed Normand — Sat, 07 Nov 2009 16:55:02 GMT

For the second consecutive quarter, Disney World was the only major theme park in Florida to report any guest injuries. None of the other major theme parks - including Universal Studios, Sea World, Wet ‘n Wild, or Busch Gardens in Tampa, reported a single guest being injured in that time period. Disney World reported eight injuries occurring during the third quarter. Neither the Federal Government nor the State of Florida regulate the big theme parks and they are under a Florida based voluntary reporting system that has many loopholes. The lack of reported injuries for the last 6 months at all of the theme parks except Disney shows that the voluntary reporting system is not working and injuries are happening that are not being reported. This is clear from an examination of lawsuits filed against the theme parks. The lawsuits consistently relate to injuries at the parks that the parks never report to the State of Florida or anywhere else.

The injuries at Disney during the third quarter of 2009 include the following:
A 31-year-old woman had a seizure after riding the Rock ‘n Roller Coaster, and a 50-year-old woman experienced chest pains and shortness of breath after riding the same ride. A 54-year-old man had a seizure riding Star Tours, a full-motion flight simulator based on the Star Wars films. A 40-year-old man fell and broke his right wrist while getting off of Test Track, a simulated excursion through the rigorous testing procedures that GM uses to evaluate its cars, culminating in a high-speed drive around the exterior of the attraction. A 52-year-old woman complained of dizziness and memory loss after riding Mission: Space, which boasts that it realistically simulates an astronaut’s trip to Mars. A 66-year-old man felt sick after riding Expedition Everest, a high-altitude, high-speed roller coaster train ride to the “Roof of the World.” A 74-year-old woman lost her balance getting off of Peter Pan’s Flight, fell, and hit her head and broke her wrist. Finally, a 57-year-old woman passed out after riding Splash Mountain, and fractured her skull after collapsing on a concrete floor.

State regulators rely on the big theme parks to voluntarily report any significant injuries to guests. It is clear that many injuries are not being reported. According to these records, Disney is now falling far behind the other big theme parks’s safety records for the second straight quarter. With the lack of regulation it is not clear if this is a sign of safety issues at Disney or, more likely, that other parks are not reporting all the injuries at the parks. It is time that state regulators need to step in. Government oversight is needed as self-policing is clearly not working. For my previous blog on the injuries at the big theme parks for the second quarter of 2009, please check our prior blogs on Disney Accidents.

Originally posted at InjuryBoard by Ed Normand

Caps on Damages Make No Sense

Billy Cunningham — Sat, 07 Nov 2009 11:14:08 GMT

The Republican proposal on health care reform has provisions to limit compensation for non-economic injuries to persons injured or killed as the result of medical malpractice including residents of nursing home who are neglected or abused. Most of my practice over the past 23 years of my 35 year career has been representing nursing home residents. I began thinking of how I would tell clients and/or their families that nursing home neglect and abuse was included in the medical negligence bill proposed. How do I explain that injuries to the elderly, vulnerable members of our society are limited? Here are people who cannot protect themselves, who rely on nursing homes for their safety and well being, and to provide a quality of life that Congress knows what the limit of those injuries are? I thought of all the cases that I have handled involving injuries in nursing homes. The following are actual examples of victims of nursing home neglect and abuse that under the standard proposed by the Republicans would be limited in any award against the nursing home that caused the injuries or death the award.

Mr. A. who had a grapefruit sized vaginal malignant tumor that the nursing home never knew about- death case.

Mr. B. , an Alzheimer patient in a ‘special unit’ who despite no other physical diseases developed multiple state 4 pressure sores, contractures and severe weight loss – death case.

Mr. C., a smoker, who was strapped in a wheelchair and unwatched burned to death when a lighter caught his clothing on fire.

Mrs. D who was overdosed with psychotropic medications to keep her quiet and while trying to escape the torture fell in a bush and lost an eye. After this incident she was moved to a nursing home that properly cared for and weaned her off the psychotropic medications. She was discharged and the last I heard was playing the slot machines in Biloxi. Personal injury case.

Mr. E. who was beaten to death by another nursing home resident who had previously beaten other resident. No precaution was taken to protect any of these residents.

Mr. F. who was demented and known to have a desire to leave the facility and fell from an open window. death case

Mr. G. who went in a nursing home for a 21 days rehabilitation after hip surgery and developed a pressure sore so big on his leg that the leg had to be amputated- personal injury case.

When you look at the data which shows that medical malpractice is a very miniscule part of the cost of health care, you have to ask yourself whether proposed limits are fnecessary for health care reform or fair to the victims.

Originally posted at InjuryBoard by Billy Cunningham

Deer: A Major Danger and Expense on Virginia Roadways

Jim Lewis — Sat, 07 Nov 2009 10:58:03 GMT

Close to 50,000 Virginians will file insurance claims for deer-related accidents at an estimated cost of nearly $15 million, according to the Fairfax Times. Virginia (VA) is currently ranked fifth out of all 50 states for deer-vehicle accidents and the frequency in which these accidents occur has increased 18 percent in the past five years, according to Reuters. It’s clear this is a major safety issue and an added risk while you’re behind the wheel.

It’s terrible if you wind up hitting a deer with your car. We’ve all seen the after-effects on the side of the road and the damage to your car can be extensive. Nevertheless, what’s even worse is to swerve in order to miss the deer and wind up slamming into another vehicle or veering off the road and hitting a tree or light pole. This can lead to a serious injury such as a broken back, lacerations to the face, a traumatic brain injury, or even death.

Don’t get me wrong, I’m not advocating pressing on the accelerator when a deer appears on the road, but the safety of you, potential passengers, and the other drivers on the road takes precedent over a deer.

You also need to be aware that only a comprehensive insurance policy covers deer-related accidents. This is important since 36 million Americans don’t have comprehensive insurance plans, according to USA Today. So not only is a deer accident dangerous, it can be costly if you’re not adequately insured.

The best piece of advice I can give you is be vigilant. The challenge with these deer-related accidents is that the animals leap out of nowhere onto the roadway providing very little reaction time for a driver. This is why you must always maintain eye contact on the road and be ready for anything that comes your way.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Jim Lewis

Dangerous Prescription Errors Far Too Common

David Mittleman — Sat, 07 Nov 2009 10:29:00 GMT

Each year, over 3 billion prescriptions are dispensed in the United States. Patients depend on these medications for their well-being, and it is important that the dispensing pharmacy accurately fill each prescription with the correct drug and dosage. In addition, pharmacists and pharmacy technicians are under enormous pressure to keep costs low by filling high volumes of prescriptions quickly.

All of this adds up to a shockingly high risk for injury as a result of pharmacy error. A recent investigation into prescription error identified several potential pitfalls:

The pharmacy dispenses a drug other than that which was prescribed
The pharmacy fails to identify a potentially dangerous drug interaction
A pharmacist fails to counsel the patient about the drug
The dosage is incorrectly provided on the label

These are just four possible types of pharmacy error. While some errors may not result in any harm to the patient, those that do injure the patient present a very serious safety concern. According to some studies, perhaps as many as one in ten prescriptions result in a significant adverse outcome. By taking an active role in your health care and asking questions of your doctor and pharmacist, you may be able to avoid becoming a victim of pharmacy error.

Sometimes, even in spite of your best efforts, a pharmacy may make a mistake that causes you injury. The attorneys at our firm handle pharmacy negligence cases regularly and we may be able to help hold the pharmacy accountable for their actions. In doing so, we can help compensate you and help prevent such an error from happening again.

Originally posted at InjuryBoard by David Mittleman

Don't Let Worries Get the Best of You

David Mittleman — Sat, 07 Nov 2009 10:00:00 GMT

It is natural to worry and everyone does it at some point or another. However, when do you know when your worrying has gotten out of control? According to doctors, it isn’t very difficult to recognize when you are worrying too much, it’s what you do to lessen the worry that is important.

According to the Anxiety Disorders Association of America, worrying becomes a problem when it becomes an uncontrollable habit that interrupts your daily activities to such an extent that you are unable to work or sleep properly. Sadly, this isn’t an uncommon experience for many Americans: according to the ADDA, anxiety disorders are the most common mental illness in the U.S., affecting 40 million adults age 18 and older, or 18.1% of the population.

While the statistics on worrying and other anxiety disorders may seem daunting, treatment can help those who worry too much. For example, medications or counseling are effective tools in treating anxiety. Moreover, there are a few simple suggestions from the American Academy of Family Physicians that you can follow to help ease your worries:

Remember that nearly all worries are only thoughts.

Remember that the bad things that we worry about hardly ever happen. Worry won't protect us from the rare bad things that do happen.

Stop trying to get rid of worries. It doesn't work, and it may make things worse. Instead, accept worry, but don't give it your full attention whenever you think of it.

Use "worry periods" for 10 to 20 minutes at set times during the day. Give your worries your full attention only at these times. At other times, remind yourself to save thinking about a worry until your next worry period.

Learn "mindfulness meditation." This skill is simple, but not easy. As you get better at staying in the moment, focusing on your breathing, and accepting your thoughts as "just thinking," your worries will not be so troubling.

Find out what things calm you. Try doing things like exercise, relaxation, massage, prayer, yoga, music, journal writing, or taking a hot bath. Do it to calm yourself-not to get rid of your worries.

Being sure about things is only a feeling-it is rarely real. Practice noticing and accepting the many things each day that you can't feel certain about and can't control.

Stop checking the Internet, your body, or the opinions of others to reassure yourself. The relief you feel will not last, and you will just feel the need to check more. Sometimes your checking can scare you more.

Ask yourself: Am I making too much of the risk? Will this even matter next week? What would I be feeling if I were not worrying? Am I giving in to my worries instead of managing them? What can I do instead of worrying more?

Originally posted at InjuryBoard by David Mittleman

Semi Trucks And In Cab Computers

Mike Bryant — Sat, 07 Nov 2009 09:32:00 GMT

There have been a lot of posts here at the Injuryboard covering the states that have been forward looking enough to make texting illegal while driving. Some states have added emails to ensure that there are no loopholes. For semi truck drivers, the question has now come up about their computers.

Yes, many of the trucks are now being equipped with complete laptop systems. I would guess that it gets used a lot. But, what about the law? The drivers are saying they can use them safely and responsibly. Seems to me the real question is when are you using it? I haven't seen a law yet that bans any of the items from being in a vehicle, it only prevents it's use.

Truck safety has been a big issue around here as of late. The recent study which indicated that the number of truck accidents should be of great concern and at the same time posts about what the number mean. Clearly, the size of the vehicles and the damage that is done when there is a collision has got to be considered in weighing the significance of all of the concerns. What does even a couple of seconds of distraction add to those concerns?

For anyone involved in a collision with a semi truck, it's clear that questions should be asked about the use of these items. Because, despite having a "Don't Use While In Motion" warning, there is a proceed button. Yet, another reason why hiring an experienced attorney can make a difference to you.

Originally posted at InjuryBoard by Mike Bryant

Virginia Board of Medicine Reprimands Doctor after Lawsuit-A Case That DID Make a Difference

Ben Glass — Sat, 07 Nov 2009 06:45:47 GMT

The Virginia Board of Medicine has issued a formal reprimand to a doctor who has now promised to refer to a specialist any patient who has complaints of rectal bleeding.

In a case handled by our office several years ago, a Virginia jury awarded $1 million to a patient whose complaints of rectal bleeding and abdominal discomfort went were diagnosed as hemmorhoids for years.

According to the Board of Medicine's order, Alan Joshua, MD has "read additional literature" about colo-rectal cancer and no longer performs flexible sigmoidoscopy or anoscopy on patients with rectal bleeding. Instead, he refers them to colo-rectal surgeons for evaluation.

At trial, specialists testified that had this patient been seen by a specialist earlier, he could have avoided massive rectal surgery that left him injured for life.

The Board of Medicine's Order Reprimanding Dr. Joshua and making Virgina safer is here.

Originally posted at InjuryBoard by Ben Glass

Craven County Man Crashes into Restaurant Injuring Four

John Cooper — Sat, 07 Nov 2009 00:50:00 GMT

Donnovan Kendall Yates, 23 will be facing multiple charges as a result of the incident that happened at 4 a.m. at the Bayside Restaurant on Maine Street in Craven County, NC. According to eye–witnesses, Yates had been travelling westbound on East Maine Street when he turned into the parking lot and crashed into the restaurant. Apparently, the act may have been intentional and brought about by a domestic dispute.

Four people sustained minor injuries, including Yates himself. Curtis Adams, co-owner of the restaurant had to be brought to Carolina East Medical Center wherein he received 19 stitches for a cut over his left eye. John Adams, Curtis’ father, also injured his arm. The place was mangled and it will take probably months to repair the property damage. Yates will have to face the consequences of his irresponsible behavior.

According to the National Highway Traffic Safety Administration (NHTSA), 66 percent of all annual traffic fatalities are caused by aggressive driving actions, such as passing on the right, running red lights and tailgating and even driving while angry can be categorized under aggressive driving. Statistics show that there has been a 51 percent increase in aggressive driving incidents since 1990. Of particular note, 37% involved the use of firearm, 28% involved other weapons, and 35% involved the use of car as a weapon.

The insurance company may refuse to pay a claim if the act was intentional. The policy probably excludes acts where the driver meant to do the harm rather than having done so by accident. So, it may be important for the claims here to be for the bad guy’s negligence so they are paid.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of automobile negligence cases involving cars, trucks, trains, and motorcycles. We would be pleased to send you one of our FREE reports about car accident cases, including our special report on distracted driving or our Best Guide to Car Accident Injuries in North Carolina. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by John Cooper

Ensuring Patient Safety Would Cost Fewer Lives AND Less Money

Mike Ferrara — Fri, 06 Nov 2009 22:12:56 GMT

Despite laws in New Jersey and Pennsylvania requiring hospitals to report major medical errors, unanticipated complications, and near misses to state agencies for the purpose of reducing medical mistakes, experts say that hospitals in both states are neglecting to report these kinds of incidents.

In 2007, major medical errors in Pennsylvania included accidentally leaving surgical equipment inside two separate patients at Fox Chase Cancer Center. At Abington Memorial Hospital in 2005, a woman recovering from hip surgery developed open bed sores after being left lying on a bedpan for several hours. In a total violation of state law, none of these incidents was reported by the hospitals responsible.

When serious medical errors don’t lead to a patient’s death, they require additional health care spending—often tens of thousands of dollars per patient—to correct.

"Anybody that is supposed to report close calls and has zero reports is clueless," said James Bagian, head of the Department of Veterans Affairs’ National Center for Patient Safety. "Management is asleep at the switch and just waiting until they kill someone." Josh Goldstein, Philadelphia Inquirer

Since 2003, though the health department has cited four hospitals in Southeastern Pennsylvania for failing to report serious medical errors, none of these hospitals has been fined.

In the current climate of sloppy enforcement, medical malpractice lawsuits are one of the only ways to protect patients against medical errors. They are also the only way to ensure that hospitals and doctors are held responsible if and when they do cause serious patient harm.

Rather than threaten patient safety and take away the patient’s right to compensation by limiting malpractice claims, health care reform needs to focus on ways to make patients safer. Insisting on better monitoring of hospital errors would be an excellent start.

Originally posted at InjuryBoard by Mike Ferrara