As reported by the Associated Press and published by the Washington Post, that percentage jumps by 44 percent with just one teenage passenger in the car, and continues to climb the more kids join the party.
]]> On the other hand, the risk of a fatal motor vehicle accident goes down significantly when there's a supervising adult passenger in the car instead. It goes down by 62 percent.But the 2000s was a good decade for teenage drivers just starting out behind the wheel. Graduating licensing programs were starting up and spreading throughout the nation as a way to combat young drivers' lack of experience - though there are people quick to point out that graduated licensing programs must still be followed by teens and the parents of teens.
As the Associated Press reports, a representative of the Governors Highway Safety Association said, "Graduated licensing laws are really good, but we rely on the parents to be the ones enforcing them."
In other words, common sense is still the common denominator when it comes to safe driving.
Source: Study: A teenage driver's risk of dying in a crash goes up sharply with other teens in the car
]]>What distinguishes this vehicle accident from other cases is that Belovs was criminally prosecuted. Normally, a truck driver who causes an accident will likely face a civil lawsuit from the injured person or the family of a loved one who was killed. Accidents do not generally involve criminal charges.
]]> But, in this case, Belovs is said to have been making false entries in his logbook. Federal regulations require that truck drivers drive no longer than 11 hours during the day. They must then get 10 hours of rest. But Belovs was driving down the highway when, according to his logbook, he was sleeping, and that's when he caused the accident.As Chang reports, Assistant U.S. Attorney Robert Reed prosecuted the case, which had been investigated by the U.S. Department of Transportation Office of the Inspector General, and obtained a sentence of 18 months. Evidence showed that Belovs had made false entries in his logbook on 15 occasions over the period of roughly a year. All of these entries were made to look as though he was getting the prescribed amount of rest.
It's not clear from Chang's report, but it's likely that Belov's logbook was of the manual variety, not electronic. Trucking-safety advocates argue that electronic logbooks make it harder for truck drivers to make false entries, which is why electronic logbooks are currently being pushed as a solution.
Source: Truck Driver Sentenced for Falsifying Log Books: Investigators
]]>A federal law banning all cell phone use throughout the country and in Texas was recently called for by the U.S. Transportation Secretary. This would include both talking on a cell phone or texting while driving anywhere in the country, and while driving any form of motor vehicle.
]]> Is a federal law the best way to stop distracted driving due to cell phone use? Some would argue no because most states already make it illegal to talk or text while driving, but the behavior continues.In an effort to alleviate the problems associated with distracted driving due to the use of the electronic devices, auto manufacturers have begun installing hands-free devices into vehicles at the factory.
Certainly when drivers have to use their hands to manipulate any kind of device, they will be distracted. So the question then is raised as to whether the innovations being integrated into new vehicles decrease the distractions, or whether they actually add to the problem encouraging drivers to do other things while driving than simply drive.
If a federal law is not the answer, and auto manufacturers are on the wrong track, then how can legislators send the message to drivers throughout the nation about the dangers of cell phones and to discourage inattentive driving more effectively? This is an important question that needs to be addressed in order to protect drivers on all Texas roadways.
Source: Reuters, "U.S. ban sought on cell phone use while driving," Jim Forsyth, April 26, 2012
]]>In many cases, emergency room medicine dictates that time is of the essence. If the emergency room doctor does not act quickly in determining the appropriate course of action, errors can occur, some of which can be life-threatening and result in a wrongful death.
]]> Unfortunately, for one family they had to witness this first-hand when a wife of 28 years, and mother of three children, was rushed to the emergency room after she suffered a fall.According to a CT scan, her brain was bleeding at the time. She then fell into a coma. When she was finally operated on later that day, all hope was lost. Her family was told that she would not recover, and they decided to remove her from life support the next day.
Her husband filed a wrongful death lawsuit against the emergency room doctor. This lawsuit claims that the care the doctor provided to this woman was negligent in that he did not follow standard procedures that would normally be followed under such circumstances.
This case is in the midst of a trial. It raises important questions as to what the role of an emergency room doctor is. Namely, did this ER doctor make an error in failing to address this woman's bleeding? Or did he meet his obligations to the patient by ordering all necessary tests? Was his treatment of this patient medical malpractice, or did he do everything he was supposed to do?
These are the questions faced by the court in determining whether the family members of this deceased woman should be compensated for her loss of life and the cost of hiring others to take care of the husband and children she left behind.
Source: NorthJersey.com, "Medical negligence trial involving Chilton doctor gets under way," John Petrick, April 26, 2012
]]>A 24-year-old construction worker from Plano was helping build a Parkland hospital when he was run over by a large forklift, called a lull, and died as a result of his injuries. The potentially wrongful death of the man is being investigated by the U.S. Occupational Safety and Health Administration.
]]> The accident took place during the workday when the lull struck the 24-year-old man. The injured worker was taken to a nearby hospital where he succumbed to his injuries.OSHA will reportedly interview other workers or witnesses at the scene and inspect any equipment involved in the accident, including the forklift. Accident reconstruction experts sometimes work on accident investigations such as these.
At the time of the accident, according to a news report, work was stopped immediately for an internal investigation. The construction company working on the hospital, Balfour Beatty Construction, is conducting its own internal investigation into the cause of the accident and is reportedly cooperating with the OSHA investigation. The 24-year-old worked for a subcontractor called MEI Rigging and Crating. A 20 minute "stand down" work stoppage was called the following morning to re-emphasize the need for workplace safety.
When a sub-contractor working for a contractor is injured or killed on the job in an accident, matters can become complicated. If there is negligence or fault involved by either the contractor or sub-contractor, the estate of the young man, or surviving relatives, may sue to obtain wrongful death compensation for their loss.
Source: Dallas Business Journal, "OSHA investigating Parkland construction death," Bill Hethcock, April 20, 2102
]]>Now, imagine that the physician or other health care worker is working in Dallas or Fort Worth and is speaking English to a Spanish-speaking patient. It is not hard to picture that a medical error could occur due to the language barrier.
]]> A recent nationwide study conducted by two emergency room pediatricians was published in the Annals of Emergency Medicine. The study makes a case that medical errors were twice as likely to occur if there was no interpreter present, or if the interpreter was a non-professional such as a family member, in comparison to having a trained medical interpreter present. Medical errors can, and do, occur due to language barriers.The lead researcher in the study is from the University of Texas Southwestern Medical Center in Dallas. The study looked at Spanish-speaking populations in Massachusetts.
The research points out several problem areas:
One of the conclusions of the study was that effective medical interpreters need a minimum of 100 hours of medical training to effectively act as interpreters in a medical setting.
The researchers maintained that medical interpreters can not only prevent instances of medical errors, or medical malpractice, but could also increase patient safety.
Source: Reuters, "Interpreters in ER may limit medical errors: study," April 17, 2012
]]>Apparently, Holliman's health care professionals chose the second test, the bone scan, as the one to rely on, and chose not to do a biopsy to confirm or disprove the results of the MRI. Thus, this case of medical malpractice - failure to diagnose cancer - could have been avoided.
]]> But Holliman cannot go back to 2008. She cannot travel back in time to reverse the years of debilitating pain. She cannot go back and reclaim the missed chances of doing something meaningful to fight the cancer that was metastasizing in her body.Finally, after more than 50 visits to various specialists, Holliman's pain doctor requested that she undergo another MRI. The results of that 2010 MRI: "Stage IV Metastatic Breast Cancer," she writes.
To prevent what happened to her happen to you, she recommends:
Source: The pain of a missed diagnosis
]]>But occasionally bicyclists themselves are to blame for causing deaths. In a recent case, there wasn't even a car or truck involved - cyclist Chris Bucchere plowed right into a crowd of pedestrians in the crosswalk.
]]> According to the Huffington Post, a comment was posted shortly after the accident under Bucchere's name on a local cycling website. It read:"I couldn't see a line through the crowd and I couldn't stop, so I laid it down and just plowed through the crowded crosswalk in the least-populated place I could find. I remember seeing a RIVER of blood on the asphalt, but it wasn't mine. I really hope he ends up OK."
Bucchere dedicated his comment to his broken bicycle helmet, writing, "May she die knowing that because she committed the ultimate sacrifice, her rider can live and ride on. Can I get an amen? Amen."
As it turned out, the river of blood was from a 71-year-old pedestrian who died as a result of his injuries.
Referring to Bucchere's comments, the prosecutor said, "It's troubling."
]]>
The researchers looked at 98 cars. Only 21 allowed for easier installation of car seats.
As Hirsch reports, a representative from the Insurance Institute for Highway Safety said, "Installing a child restraint isn't always as simple as a couple of clicks and you're done."
While driving or riding in a car, it's important that seat belts are used and that child safety seats are properly latched. In a car crash, the absence of these things can mean serious injury or worse.
The Institute's representative quoted above goes on to say that "sometimes parents blame themselves when they struggle with Latch, but oftentimes the problem lies with the vehicle, not the user."
Source: Insurance group says car design hinders use of child safety seats
]]>So what is it about tax day?
]]> Obviously, very few people relish dealing with taxes, and NPR characterizes this particular story as "death and taxes together behind the wheel," which the Sunnybrook research seems to bear out.(Although Hensley writes that the "absolute" rise in fatal car wrecks on tax day is minimal.)
And as it turns out, the same Sunnybrook researchers also studied Super Bowl Sunday, and found similar results: an uptick in fatal wrecks. Other research has shown prom season as being problematic for teen drivers.
So what does Hensley suggest?
He says to just go ahead and file your taxes electronically, which is a good way to skip the roads and the stressed out drivers on them.
]]>
These caps limit the amount of money that can be awarded to an injured patient for pain and suffering in medical malpractice claims.
]]> As John O'Brien reports for Legal Newsline, the federal judge presiding over the case left the Medical Malpractice and Tort Reform Act of 2003 completely unchanged.Tort reform ostensibly promotes the "common good," which were the words used in the recommendation that the federal judge adopted. "[B]y limiting the amount of noneconomic damages ... the State has enacted legislation in an effort to 'adjust the benefits and burdens of economic life to promote the common good.'"
Though we're not quite sure whose common good we're talking about here.
Proponents of tort reform easily point out that such legislation is "voter approved," though the obvious point - and it's one we're going to make anyway - is that most voters haven't been put into the position of being grievously injured because of a doctor's mistake.
]]>
A TxDOT representative said, "It takes an average of four seconds to look down at your phone. If you're traveling 55 miles per hour, and you look down at your phone for 4.6 seconds, you'll have gone 120 yards."
]]> As Corrales reports, Odessa law enforcement has historically labeled the cause of accidents either "driver distracted," meaning that the driver was doing something other than just driving, like texting while driving, or "driver inattentive," meaning that the driver was not quite aware.An activity like talking on a mobile phone counts as distracted driving, even though the activity largely remains legal throughout the U.S. Texting while driving, however, tends to have become either a first or secondary offense, depending on where you live, though some states have not regulated it.
Whether talking or texting, distracted driving is also negligent driving, and plenty of car accidents are caused because of it. In fact, presumably speaking for 2011, that same TxDOT representative said there were more than 80,000 crashes from distracted driving in Texas.
]]>
In fact, researchers found that the benefit was "profound," in that trucks with speed limiters were involved in fewer truck accidents.
]]> According to the study, trucks with limiters were in 11 wrecks per 100 trucks. Compare that with more than 16 wrecks per 100 trucks in those without limiters.With this data, you can see a tangible impact in reducing truck accidents by getting these limiters installed. The American Trucking Associations organization has apparently supported limiters on trucks for quite some time.
The ATA president said, "This study strengthens ATA's case and we call on [the federal agencies] to swiftly move forward with rulemakings to ensure that these devices are required on as many trucks as possible."
The ATA wants limiters on all commercial trucks made since 1992.
Source: New Study Finds Safety Benefits of Limiting Truck Speeds
]]>In fact, speeding and aggressive driving cause a full one-third of fatal accidents. This kind of poor driving is an example of negligent driving, which often leads to wrongful death claims.
]]> Yet, at the same time, the number of deaths in auto accidents in 2010 was very low - as low as they were in the 1950s, according to the National Highway Traffic Safety Administration.As Read reports, speeding hasn't changed much. Just as many drivers cause fatal accidents from speeding as they did more than 30 years ago.
So even though the rates of speeding and aggressive driving haven't gone down, the number of deaths has. This is due to safer cars, not safer drivers.
Source: Speeding, Aggressive Driving Still Cause 1/3 of Fatal Accidents
]]>The CDC urges doctors and other health care professionals to follow the 6 Steps to Prevention - which, if not followed, could be tantamount to medical malpractice, depending on the situation.
]]> It wasn't so long ago that Ignaz Semmelweis, who practiced medicine in the 1800s, proposed cutting infection and mortality rates in birthing mothers through hand washing. Semmelweis's contemporaries scoffed at him. Today, however, hand washing is considered normal operating procedure.But when it comes to Clostridium difficile, hand washing may not even be enough. The 6 Steps to Prevention requires more:
1. Prescribe antibiotics carefully. Unneeded antibiotics can raise the risk of infection.
2. Test for the bacteria if the patient has diarrhea and has been on antibiotics.
3. Isolate patients with the bacteria right away.
4. Wear gloves and gowns, because hand washing might not be enough.
5. Clean the room and surfaces with bleach or other effective disinfectant.
6. Notify receiving hospitals or clinics if the patient is infected
Source: Life-threatening germ poses threat across medical facilities
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