InjuryBoard Local Blogs

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

Wrongful Death Suit Reinstated in Virginia (VA) Against Parents Hosting Visting Teen

Rick Shapiro — Fri, 06 Nov 2009 18:41:31 GMT

Courts and juries can find adults who have temporary supervision or custody of children liable for injuries to those children even when the harm resulted from the actions of someone other than the supervising adults.

Summarizing this Nov. 5, 2009, ruling by the Virginia Supreme Court in a single sentence is difficult. As is all-too clear above.

What the ruling means for babysitters, parents who allow their children's friends to sleep over or spend other long periods visiting, or teachers and care providers is that they can be found to have a legal and civil duty to protect other people's children even when the children are not physically with the babysitter, host, teacher or caregiver.

Virginia's High Court voted 5-2 to support this interpretation of adults' child care responsibilities and liability when partially reversing a lower court's ruling that Richmond-area parents could not be held liable for the death of a North Carolina (NC) who was spending the night at their home.

The lawsuit stemming from the car crash death of 14-year-old Jaimee Elizabeth Kellerman now returns to a Virginia circuit court. In 2005, Kellerman died when a car she was riding in and which was being driven recklessly by 17-year-old Nathan DeFrank ran off a rural highway and hit a tree. Kellerman had permission from her parents to sleep over at the home of Paul and Paula McDonough. But, according to a Daily Press report, Kellerman's parents had specifically asked the McDonoughs not to let Jaimee ride with "boys with cars."

The Kellerman family is seeking $15 million from the McDonoughs in a wrongful death suit for being negligent in protecting Jaimee.

I cannot speculate on the outcome of the reinstated lawsuit, but I can say the Virginia Supreme Court has affirmed a high degree of liability for responsible adults in protecting children from the actions of other people. Broad determinations of liabilities are not rare, especially in regards to wrongful death claims. In light of this, and particularly the ruling in the Kellerman case, I can only advise adults asked to supervise minors (i.e., anyone under 18 years of age) to exercise the greatest care in ensuring those children's safety--a rule nearly all parents already follow but one which this tragic case underscores..

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Reidsville Rush Hour Lands Two in ER

Pierce Egerton — Fri, 06 Nov 2009 18:15:44 GMT

A two vehicle collision on NC 14 in Reidsville put two men in the hospital this morning. The News & Record is reporting that Maurice Cooper, Jr., was injured when a Lincoln Town Car reportedly drifted across the center line and collided head on with his Isuzu pick up.

Mr. Cooper was taken to Baptist Hospital in Winston-Salem. The driver of the Town Car, Freddie McCain, was also injured and taken to the hospital.

The accident report has not yet been released, but in my experience driver distraction and driver fatigue are the primary culprits in rush hour accidents.

Originally posted at InjuryBoard by Pierce Egerton

Tractor-Trailer Accidents are Serious Highway Safety Concerns

David Mittleman — Fri, 06 Nov 2009 16:57:16 GMT

Any discussion of traffic safety has to take into account Tractor-Trailer Accidents. One in eight fatalities on our nation's highways involves a large truck or "semi" truck. Half a million accidents each year involve tractor-trailers in the United States. 5,000 people die a year from these accidents. 140,000 people survive but suffer from injuries, ranging from serious brain injury to loss of limbs.

One of the major factors which can compromise tractor trailer safety is truck driver fatigue. The nature of truck transportation often requires covering long distances over long periods of time. Tractor trailer safety studies have indicated that fatigue is responsible for tractor trailer accidents thirty to forty percent of the time.

Tractor-trailer companies are required to carry a minimum level of insurance. They are also required to properly maintain all tractor trailers and equipment to sustain tractor trailer safety. Trucks are required to stop at weight stations to ensure that they are in compliance with weight limitations. Hours of Service logs are often checked at this time as well. Local and state law enforcement also plays an integral role in tractor trailer safety and will conduct random stops and inspections.

Despite tractor trailer safety measures, accidents still can and do occur and violations of tractor trailer safety laws are also made. A 1997 study found that in a random given week of inspections at least 9000 tractor trailer safety violations were committed. When tractor trailer safety is breeched, serious accidents can result.

Our firm has successfully handled cases involving injuries sustained during a tractor-trailer accident. If you have injured in such an accident, do not hesitate to contact our office, ChurchWyble, at (888) 227-4770.

Originally posted at InjuryBoard by David Mittleman

Road Kill: Pedestrian Accidents Often Result in Wrongful Death

John Cooper — Fri, 06 Nov 2009 15:52:25 GMT

When a pedestrian gets hit by a car or truck, the injuries are typically quite severe, including broken bones or even the death of the pedestrian. The pedestrian has the right of way in Virginia if they are inside of the cross walk. If you have to cross anywhere other than an intersection, then the duties on the pedestrian include going across the road in the most direct manner.

Here are some tips to try to avoid being hit by a car as you are walking:

-Make eye-contact with the drivers of oncoming cars, to make sure they see you.

-Follow the age-old advice of "looking both ways before crossing the street."

- Avoid distractions, like talking or texting on your cell phone, or listening to music. You might not notice a car barreling towards you if you are distracted by other things.

- Always watch for traffic, especially cars turning the corner, while you are in the road.

-If you are walking on the side of a street that does not have sidewalks, walk facing the traffic, so that you can see what is coming towards you.

-Never walk behind a vehicle that is backing up. You could be in their blind spot.

-If you are walking at night, try to wear bright colors or reflective clothing.

-If you see a "DO NOT WALK" signal, then you should not walk.

-Always make sure that any children in your care are safely accounted for, and preferably holding on to your hand as you cross the street.

Follow these simple safety tips, and you can improve the odds that you and your loved ones stay safe while crossing the street.

Originally posted at InjuryBoard by John Cooper

FDA Addresses Medical Errors And $4 Billion Pricetag

Eddie Farah — Fri, 06 Nov 2009 13:29:47 GMT

As we look at saving money on health care spending, Americans should consider drugs, specifically the huge cost of medical errors involving prescriptions.

Medication interactions, a mix-up in the pharmacy such as switching out the wrong prescription, an inability read a doctor’s handwriting, all can lead to drug dosage errors which cost us all about $4 billion a year, not to mention lives and injuries.

Now the Food and Drug Administration (FDA) says it is trying to identify the most serious threats to better understand and get a handle on the problem. Consider this- errors with medication happen often - about 1.5 million errors every year according to a two- year-old study by the Institute of Medicine.

A recent Hearst Newspaper group investigation, "Dead By Mistake" profiles many who lost their lives through medication errors.

It so astonishing that even the new FDA commissioner, Margaret Hamburg, who is a doctor, was stunned by the numbers. She announced a new plan called “Safe Use Initiative” by saying it “doesn’t require a new scientific discovery or a budget appropriation.”

In holding public hearing and gathering information from the public about that problem, the FDA would be wise to speak with personal injury attorneys.

Every week we hear of the adverse events that can occur from drugs, even when they are used as directed of prescribed. Consider Tylenol that can cause liver damage when taken in excess, and the devastating outcomes of drugs when they are not.

Public Citizen is onboard with this scrutiny of package labels, and inserts, and instructions given to dispensing pharmacists. Dr. Sidney Wolfe says that about 99.5 percent of pamphlets are missing critical information.

While medication is supposed to make us feel better and perhaps save lives, patients and doctors forget almost every medication eventually has a side effect. The presumption of safety needs to be challenged.

Instead of relying on a “Pill for every Ill” Americans need to remember that “safe medication” is an oxymoron. #

Originally posted at InjuryBoard by Eddie Farah

Disney Replaces Crashed Monorail

Ed Normand — Fri, 06 Nov 2009 12:40:54 GMT

Recently, Disney announced that a “new” monorail train, named Teal, is now up and running at Walt Disney World in Orlando, Florida. The monorail at Disney received heightened media attention over the summer, as two trains were involved in a deadly crash which killed 21-year-old Disney employee Austin Wuennenberg. According to reports, Disney decided to use the undamaged, leftover parts from the two trains involved in the crash to build the new Teal train.

For my blog posting over the summer about the crash, please see Disney Accident.

Originally posted at InjuryBoard by Ed Normand

Speculative Investing vs. Non-Speculative Investing

Adam Gana — Fri, 06 Nov 2009 12:20:19 GMT

In determining whether or not you may have a claim for your investment loss, you should think about whether or not your lost investment was speculative or non-speculative. Speculative investments are those investments that carry significant risk after a thorough analysis. It is possible that the purchaser will lose the principal amount in a speculative investment. Financial speculation can involve buying, holding, selling, and short-selling of stocks, bonds, commodities, currencies, collectibles, real estate, derivatives, or any valuable financial instrument to profit from fluctuations in its price, regardless of its underlying value. Investment strategies that are speculative carry a high risk of loss of any unrealized profit loss as well as the principal investment itself.

Certain investment strategies can demonstrate an investor as being non-speculative. These include hedging strategies that minimizes the risk of a speculative strategy by minimizing the risk of loss. Hedging could involve trading an asset whose price has a mathematically defined relation with a speculative investment, such as a call or a put option. The purchase of a call or a put option on a security gives the buyer the right to purchase the underlying security at a given price in the future. If the price of an underlying security rises, the value of a call on that security will rise at a rate much greater than the underlying value (or if the price falls, the value of a put option will rise). Arbitrage is another type of hedging strategy, involving the simultaneous purchase and sale of identical or equivalent investments across two or more markets in order to benefit from a discrepancy in their price relationship.

A straddle is a similarly non-speculative investment strategy, which involves purchasing both a call option and a put option on a stock that is bought at the same strike price and expires at the same time. This benefits the investor as long as the market moves by a large amount in either a positive or negative direction. These different variations of hedging strategies are considered non-speculative because risk of loss to the investor is minimized by the overall value of the investor’s portfolio at any given time. Another important feature of non-speculative trading is diversification and liquidity. If an investor’s portfolio is diversified, their risk of complete loss of their investment is minimized. Similarly, if an investment is liquid, the risk of loss to that investment can be said to be non-speculative because the investor can still get realize the value of that investment by getting it back. If investments are made in illiquid products, however, those investments remain at a higher risk of loss because the value cannot be realized.

It is very important for an investor to understand speculative vs. non-speculative trading, and to communicate a distinct strategy to their brokerage firm. If an investor is risk-adverse, they should communicate this to their broker. If a broker implements a speculative strategy, their client is a non-speculative investor, and the investor sustains a loss, the investor may be entitled to that loss under securities laws. If an investor is able to articulate a non-speculative trading strategy to their broker, the broker needs to follow that strategy because to fail to do so would be unsuitable under the law. A broker also has a duty to tell the truth about whether their investment strategy is speculative or non-speculative. If an investor has instructed their broker to follow a non-speculative investment strategy, and their broker has followed a speculative strategy, or has lied about what strategy they have used, the non-speculative investor may have a serious claim that they can bring before the Financial Industry Regulatory Authority (FINRA) through arbitration procedures.

Originally posted at InjuryBoard by Adam Gana