Indiana Injury Lawyer Blog

A new study by the Inspector General of the Department of Health and Human Services finds that more often than not, staff at hospitals fail to report medical errors. In fact, according to the study, staff recognize and report just one out of every 7 medical errors that harm Medicare patients in the hospital.

The study was conducted by Daniel Levinson, Inspector General of the Department Health and Human Services. In his report based on a survey of hospital administrators, he says that in spite of hospitals trying to foster an environment that encourages staff to report medical errors, far too many medical errors are going unreported. Many of these errors resulted in adverse patient events, like bedsores, delirium from over use of painkillers, as well as bleeding from the use of blood thinning medications. In all these cases, the errors contributed to adverse patient events that actually cause fatalities.

Continue reading "Most Medical Errors in Hospitals Go Unreported" »

While there are a number of benefits from the use of medical and health technology, there are also a number of risks associated with the use of such technology. The ECRI Institute has released a list of the top 10 technology hazards for the year 2012.

The list was compiled after asking the following questions-

• How harmful is the hazard associated with the technology?
• How likely is the hazard?
• How widespread is it?
• Is it a high-profile problem?

1. Indiana medical malpractice lawyers will not be too surprised to find that alarm fatigue is ranked as the number one technology hazard in 2012. Alarm-related adverse events occur because of alarm fatigue when nurses and other staff become overexposed, and fatigued by the sheer numbers of alerts that they have to deal with everyday.

Continue reading "ECRI Releases List of Top 10 Health Technology Hazards" »

At least 49 teenage drivers could be saved every year if the state of Indiana improved its graduated driver’s licensing programs. In fact, according to a study by the National Safety Council, at least 2,000 lives of teenage drivers could be saved every year if such programs were strengthened and included more restrictions.

According to transportation safety experts, the ideal graduated driver’s licensing program will include 7 components.
1. It will include a minimum age of 16 for a person to get a learner's permit,
2. It will require that a person have at least 6 months of supervised driving
3. It will require a minimum of 30 hours of supervised driving when the person is in the learner stage
4. It will set 16 ½ as the minimum age for an intermediate license
5. It will have nighttime driving restrictions that would begin at 10 PM
6. It will restrict the number of non-family passengers to just one for intermediate license holders
7. It will set a minimum age of 17 for a full license.

Continue reading "Stronger GDL Laws Could Save 49 Teen Motorist Lives in Indiana Annually" »

Shopping on eBay, checking out airline fares, browsing the Internet and checking e-mails - these are just some of the activities that medical professionals in American hospitals are being caught in, even as medical procedures are underway. The New York Times has a report on how distractions are increasing the risk of medical errors in American hospitals.

The use of technology has become widespread in hospitals around the country, as hospitals have begun investing in access to technology to enhance patient safety. There is no question that technology has many benefits. Doctors who use a smart phone can have important information like patient medical records and prescription details at their very finger tips. However, the risks of distractions from these devices are also very real.

The New York Times found a number of incidences from around the country, in which doctors, nurses and medical technicians were caught using cell phones while performing procedures and in other inappropriate situations. Doctor distractions have been linked to more than one medical malpractice lawsuit, including one out of Denver, in which the doctor was having a conversation on his hands-free set while performing a surgery on a patient. Those distractions were ultimately blamed for errors during the surgery that left the patient paralyzed. The doctor was making personal calls at the time of the procedure.

Continue reading "Distractions from Electronic Devices Increase Risk of Medical Errors" »

Even as the National Highway Traffic Safety Administration reported that traffic accident fatalities across the country were at their lowest levels since 1949, there was sobering news from the agency. The number of people texting while driving has actually increased nationwide.

Earlier this month, the National Highway Traffic Safety Administration reported a substantial drop in the number of people killed in traffic accidents in 2010. The number of people killed in all types of accidents including drunk driving accidents were down. However, another survey by the agency found a 50% increase in the practice of texting, e-mailing and using other handheld devices while driving nationwide. The results of the study came from the monitoring of stoplights, intersections and other places where researchers observed and surveyed drivers’ texting practices. According to the results, two out of 10 American motorists admit that they have sent text messages while driving. Those numbers get progressively worse as the age of the driver drops.

The results of the National Highway Traffic Safety Administration survey don't only involve people who were sending or reading text messages while driving, but also include those motorists who were checking directions on their GPS devices, checking e-mails, surfing the Internet on their smart phones, playing games and performing other activities that require the use of a handheld device. The National Highway Traffic Safety Administration has concluded from the survey that in 2010, just under 1% of drivers were using a handheld device at any given moment in time. That is an increase from 0.6% of drivers in 2009.

Continue reading "Increase in Texting While Driving Challenges Accident Prevention Efforts" »

According to a study, the number of DUI arrests involving women has increased by 36% over the last decade. Men comprise the majority of all DUI arrests in the country, but women have been catching up.

According to the study, the factors influencing male and female drinking are extremely different. Many DUI arrests involving women, seem to be linked to drinking in the daytime while caring for children. This has led sociologists to speculate that this increase in DUI arrests involving women has to do with parenting-related stresses. The study noted that the majority of women who were arrested for DUI are the primary caregivers for their children. The Department of Transportation will focus on tackling this safety problem during its annual holiday enforcement campaign.

Another drunk driving-related study however has fewer surprises for Indiana personal injury lawyers. The study by the Substance Abuse and Mental Health Services Administration finds that parents, who drive under the influence, are more likely to pass on such destructive driving practices to their children. When a teenage motorist has a mother who drives under the influence, his or her risks of driving under the influence are higher than for teenage drivers whose mothers do not drive under the influence. Approximately 18% of teenagers whose mothers drove intoxicated also drove intoxicated, compared to 11% of teens whose mothers did not drive under the influence. In the case of the fathers, the impact seems to even greater. Teenage motorists with fathers who drove under the influence were much more likely to drive under the influence, than teens whose fathers did not drive under the influence of alcohol. The percentage of teen DUIs whose fathers also drove under the influence was 21.4%

Continue reading "Women Are the New Drunk Driving Challenge for Law Enforcement" »

The Indiana State Department of Health has released its 2010 Medical Error Report. According to the report, Indiana University Health recorded some of the highest medical errors in 2010.

Indiana University Health recorded a total of 19 serious errors in 2010. Overall, 107 series medical errors were reported in Indiana hospitals and healthcare centers in 2010. That was an increase of at least 13 errors from 2009. In fact, the number of medical errors that were reported in 2010 is the highest since the state began collecting medical information 5 years ago.

Overall, according to the report, the Indiana State Department of Health issued 34 citations for serious bedsores and 33 for foreign objects left inside patients after surgeries. Stage III and stage IV bedsores have been the most frequent medical errors reported in for the last 5 years.

Continue reading "Indiana University Health Reports Highest Number of Medical Errors in 2010" »

For a while now, the trucking industry has been pushing for a continuation of the current Hours of Service for truck drivers, which currently allows drivers to operate a rig for 11 consecutive hours. The reasoning is that these work hours have contributed to a decline in the number of people being killed in truck accident deaths every year. The Federal Motor Carrier Safety Administration has shot down that argument. According to the federal agency chief, estimates of trucking accident fatalities across the country show a possible increase in deaths in these accidents in 2010.

According to Federal Motor Carrier Safety Administration Chief Anne Ferro, the number of people killed in truck accidents in 2010 was close to 4,000. That was an increase from 3,360 fatalities in 2009. This information emerged at a hearing on the Hours of Service rule that is currently pending with the Federal Motor Carrier Safety Administration. The federal agency should have finalized a new Hours of Service rule last month, but missed a deadline to do so.

However, the number of truck accidents declined in 2010. The trucking industry is likely to pounce on this fact as proof that safety has increased since the Hours of Service were increased to 11 hours, from the earlier 10.

Continue reading "Trucking Accident Deaths up in 2010" »

A study by the Insurance Institute for Highway Safety’s Highway Loss Data Institute reveals that occupants of hybrid vehicles may be much less likely to be injured in an accident than occupants of non-hybrid vehicles. However, hybrid cars are more likely to be involved in collisions with pedestrians.

According to the study, hybrid vehicles have up to 25% greater crash protection than non-conventional vehicles. That's mainly because these vehicles have approximately 10% more weight than conventional vehicles. Bigger, heavier cars have a greater likelihood of protecting occupants during an accident, than smaller vehicles.

It appears that automakers have finally found the magic combination of eco-friendliness and safety that they have been looking for. For several years, hybrid vehicles were considered less safe cars, because while they promised fuel efficiency and cleaner driving, they did not rank highly on crash protection.

Continue reading "Occupants of Hybrid Cars Safer in an Accident" »

With Christmas shopping season underway, parents and consumers around the country need to be vigilant about the kind of toys that they buy as gifts. A new report released just in time for the shopping season, warns consumers that while children's toys are a lot safer than they were a couple of years ago, there's still much to look out for.

The report, Trouble in Toyland has been compiled by the US Public Interest Research Group. It is the group's 26th annual report and is based on a survey of consumers. According to the report, the main toy-related concerns in 2011 are choking, strangulation hazards and the presence of toxic chemicals in toys.

These are problems that the Consumer Product Safety Improvement Act of 2008 attempted to deal with. For instance, the Consumer Product Safety Improvement Act of 2008 set strict limits on the presence of lead in children's toys. There were also strict limitations on the presence of harmful chemicals known as phthalates in children's toys and products. However, the Trouble in Toyland report finds that these chemicals are present in excessive quantities in quite a few toys.

Continue reading "Toxic, Hazardous Toys Still a Risk " »

Compulsive, materialistic people, who view their car as an extension of themselves, are much more likely to drive aggressively. That intriguing insight into the psyche of aggressive motorists comes from a study into the values and attitudes that define these motorists.

The study is titled Aggressive Driving: A Consumption Experience, and was conducted by a professor at the Temple University Fox School of Business. The study outlines many reasons for Indiana personal injury lawyers to be concerned about aggressive drivers. Every year, aggressive driving is blamed for approximately one third of all auto accidents that result in injuries. Such driving is also to blame for two thirds of all accidents that result in deaths.

Continue reading "The Psyche of an Aggressive Driver" »

The validity of the Indiana Medical Malpractice Act is being challenged, and the Indiana Court of Appeals’ latest ruling has bloggers and news agencies talking. The ruling reverses a lower court decision by Judge Lou Rosenberg of Marion Circuit Court. In Timothy W. Plank v. Community Hospitals of Indiana and State of Indiana, No. 49A04-1004-CT-254, the Indiana Court of Appeals determined that plaintiff Timothy Plank, whose wife died because of a missed medical diagnosis, is entitled to an evidentiary hearing as to the constitutionality of Indiana’s statutory cap on medical malpractice awards. Mr. Plank received an $8.5 million jury verdict in his initial trial.

Mr. Plank’s attorney is John Muller, Partner at Montross Miller Muller Mendelson & Kennedy.

As we reported earlier on this blog, Mr. Plank sued on behalf of his wife Debra. Ms. Plank experienced severe abdominal pain in November 2001 and presented to Community Hospital for care. Unfortunately, doctors failed to diagnosis a small bowel obstruction. As a result, Ms. Plank developed sepsis and subsequently died. Mr. Plank filed a complaint with the Indiana Department of Insurance against the hospital and three physicians. The doctors were dismissed before the trial began; the case went ahead against Community Hospital and in September of 2009 and the jury found in the favor of the plaintiff. The jury awarded $8.5 million in damages.

Continue reading "Indiana Medical Malpractice Damages Cap Challenged" »