Personal Injury Legal News - InjuryBoard.com

Recent Federal Guidelines Lead to Increased Medical Malpractice Lawsuits

Karen Gatlin — Wed, 14 May 2008 14:33:38 GMT

Federal guidelines issued May 7, 2008 require that doctors who treat smokers must warn their patients of the dangers of smoking as well as prescribe treatments to enable them to quit smoking. Apparently, most physicians fail to either warn their patients or to prescribe smoking cessation treatments, and the guidelines suggest that failure to do so is medical malpractice. Studies conclude that over 40,000 people die yearly from the effects of smoking; this is more than the number of people who die yearly in automobile accidents. It is well known that heart disease, cancer and high blood pressure are all caused by, or exacerbated, by smoking.

The New York City Health Department has warned doctors that, "failure to provide optimal counseling and treatment [for smoking] is failure to meet the standard of care - and could be considered malpractice." Many physicians have stated that it is important to act to protect their patients from the effects of smoking; now all physicians are required to do so.

Bath County Kentucky Semi Tractor Trailer Truck Wreck on Interstate 64 Takes the Life of Kenneth Mckenzie

Daryl T. Dixon — Wed, 14 May 2008 12:45:46 GMT

This tragic Kentucky Semi Tractor Trailer Wreck happend in Bath County early Tuesday Morning. Police were on the scene attmepting to clear up a first small wreck. Click on the link to get the video reports of this Kentucky Accident. The wreck took place on Interstate 64.

As the Police were clearing up the first wreck around 4:30 a.m., a Semi Truck rear ended a passnger car. The car was occupied by Kenneth McKenzie, 49, of Bath County. The impact of the crash flipped the Semi Truck on its side. The impact took the life of Kenneth McKenzie.

The whole crash scene was under fog at the time of the Multiple Vehicle Car Wrecks. The family of McKenzie will likely have Kentucky Wrongful Death Claim against the Driver and the Semi-Truck Company. However, the investigation is ongoing.

Semi Tractor Trailer Trucks are governed under Federal Regulations called the FMCSR or Federal Motor Carrier Safety Regulations. It is unclear at this time whether the Semi Truck was in violation of these Regulations.

Connecticut Motorcycle Accident - Helmet Law Review

James Sabatini — Wed, 14 May 2008 12:12:55 GMT

A 43-year-old motorcyclist who collided with a truck Tuesday afternoon on Route 159 is recovering at Baystate Medical Center in Springfield. The collision occured at the Hickory Street intersection around 3:31 p.m. Tuesday in Suffield, Connecticut. The truck driver informed police that he stopped at the intersection anf thought that the road was clear. According to witnesses, the truck driver failed to obey the stop sign. The news reports have not dislcosed the nature and extent of the motorcyclist's injuries nor whether he was wearing a helmet. Connecticut does not have an universal helmet law for motorcycle riders. Helmets are only legally required under Connecticut law for riders 17 and younger. Here is a list of motorcycle helmet laws in each state.

Tanya Clark Dies of Head Trauma After Pulaski County Kentucky Crash

Daryl T. Dixon — Wed, 14 May 2008 12:11:41 GMT

Tany Clark, 32, from Indiana, died at the UK Chandler Medical Center on Tuesday from Head Injuries that she suffered in a massive Pulaski County Kentucky Car Wreck.

Clark had stopped as the car in front of her was going to turn. As she stopped a car came from behind her hitting her in the rear end where she was forced into the other lane. She was then t-boned by a SUV.

Clark was one of several that were airlifted to UK to the Chadler Medical Center. Clark's family will likley have a Civil Claim for Kentucky Wrongful Death under this set of facts against the car that hit her in the rear.

Our thoughts and prayers go out to the Clark Family.

Automobile Accident/Insurance points and surcharge

Donald Caminiti — Wed, 14 May 2008 11:46:41 GMT

The New Jersey Supreme Court recently decided a case which determined whether, and under what circumstances, a driver who is involved in a single-vehicle accident resulting in no personal injury may be considered to be "at-fault" for purposes of assessing insurance eligibility rating points. Central to the court's inquiry is whether whether fault in this context is defined in negligence terms or in accordance with actuarial or underwriting concepts.

What's most important to drivers is the fact that insurance companies assess rating points as a way to raise insurance premiums.

The court noted that an "at-fault accident" is an accident in which a driver is "proportionately responsible," and explained that a driver is "proportionately responsible if 50 percent responsible for an accident involving two drivers; if 33 1/3 percent responsible for an accident involving three drivers, etc. Specifically excluded form the definition of "at-fault," are cases such as when the insured vehicle was lawfully parked; the insured vehicle was struck by a hit and run driver; the insured was not convicted of a traffic violation but another driver was convicted; and when the insured vehicle was struck in the rear by another vehicle.

The court determined that it was inappropriate for an insurance company to assess insurance eligibility rating points to a driver who skidded on a patch of black ice resulting in property damage to his vehicle.

FAMU Law School Faces Trouble

Ed Normand — Wed, 14 May 2008 11:42:00 GMT

In order to continue to operate FAMU Law School in Orlando must become accredited by the American Bar Association. According to a recent ABA report, FAMU may be in trouble and may not get accredited. The accreditation deadline is August 2009. The school has been around for 6 years and was opened with taxpayers paying 40 million dollars to fund the school. It is curious that Jeb Bush started the school on his term as Governor given his open and obvious dislike of at least certain parts of the legal community, namely trial lawyers. One wonders whether Orlando really needs 2 law schools given that before Barry University Law School in the last 15 years there were no law schools in Orlando. It would be very sad, however, for some of the current FAMU students if the school is not accredited because they will not be able to become lawyers even if they graduate. Some of the current students are grandfathered in and can become lawyers upon passage of the Bar exam after graduation from FAMU but others who are students when and if the accreditation is denied will not be able to take the Bar Exam and wont be allowed to become Florida lawyers because they will not have a degree from an accredited law school. That is a shame as I know some FAMU law students and they are smart and hard working.

The ABA report is critical of the school for some serious problems including faculty disputes, low Bar test scores and passing rates, and falling trust between the students and the administration. If these problems are not fixed by August 2009, Florida and Orlando may have one less law school. That would be terrible for the students who will have wasted time and money on a degree of little to no use. Whether or not society would suffer from one less law school is another question.

Fewer Traffic Related Deaths in Oklahoma during 2008

Jeremy Thurman — Wed, 14 May 2008 11:21:00 GMT

Newsok.com is reporting that the State Highway Patrol has reported fewer traffic related fatalities in 2008 compared to 2007. According to the article:

"Through Monday, the OHP reported 205 traffic-related fatalities on Oklahoma roads and highways, compared to 248 during the same period last year.

The month of April also was less deadly on Oklahoma roads. The patrol reported there were 51 traffic-related deaths during April this year, compared to 60 for the same month last year.

Of the 51 deaths last month, five victims were passengers, five were pedestrians and five were motorcyclists. The rest were drivers.

The patrol also reports eleven of the deadly crashes last month were alcohol-related and that 64 percent of those who died were not wearing their seat belts.

Unsafe speed continues to be the leading cause of death, with passing or left of center being second. "

Chemical Found in Common Snacks Linked With Cancer

Jeff Rasansky — Wed, 14 May 2008 11:12:53 GMT

According to a recent study, the chemical acrylamide has been linked to several forms of cancer. Acrylamide is found in French fries, potato chips and even bread and coffee. Studies conducted in the Netherlands found that this chemical is a more prevalent threat than once believed.

A study conducted on nearly 21,000 participants between the ages of 55 and 70 found that those who ate the highest amount of acrylamide had a 59% greater risk for kidney cancer than those who ate the least acrylamide. Cancers of the kidney, bladder and prostate were found in a 13-year follow up with the participants.

In a similar study, researchers found that postmenopausal, nonsmoking women who consumed the most acrylamide had an increased risk for ovarian and endometrial cancer. The study was published last December in the journal Cancer Epidemiology Biomarkers and Prevention and the latest findings appear in the May issue of the American Journal of Clinical Nutrition. The Food and Drug Administration (FDA) has reported that 100% of Americans consume acrylamide.

Tips for Driving Under the Influence in Nevada

Steve Klearman — Wed, 14 May 2008 10:56:00 GMT

Prescription and over-the-counter (OTC) medications are intended to keep us healthy. In the wrong circumstances - especially when we are behind the wheel of a vehicle - our drugs could contribute to our early demise. To be sure your medications don't abuse you, remember:

· It is your responsibility to know what you're taking and how it affects you. If you have a question, ask your doctor or pharmacist.

· Bodies are different and everyone will not react the same to medications. Furthermore, a drug can affect one person differently in different situations.

· Don't mix medications, or mix any kind of drug with alcohol, until you have consulted with your doctor or pharmacist.

· Try to use only one pharmacy.

· The problem with some drugs, such as cough medicines, is that they have a high alcohol content. Read the literature you get with any drug to determine whether it contains sedatives or alcohol.

Driving Alert

Even at recommended doses, OTC drugs can affect driving ability as much, or in some cases, even more than illegal drugs, prescription drugs, or alcohol.

· Antihistamines are the principal culprit, according to the Southern California Research Institute. They can cause drowsiness, dizziness and blurred vision.

· Sleeping pills and night-time cold medications can also impair drivers. Obviously, a medication intended to help you sleep is not going to make you a good driver.

· Ibuprofen, a commonly used pain reliever, can reduce concentration levels and cause drowsiness.

· If you're taking a medication for the first time, don't plan on driving after you take that first dose. Wait to see how it affects you.n

Smart Car Passes IIHS Crash Tests

Sandy Grinnell — Wed, 14 May 2008 10:17:07 GMT

With the high price of gas, consumers are looking to high gas mileage vehicles when buying a new car. New to the U.S. market in this category is the 2008 Smart ForTwo, two seater micro car. It's smaller than a Mini Cooper - 3 feet shorter and weighs about 700 pounds less. But with a vehicle this small, as a consumer I would want to know, is it safe? Well, according to the Insurance Institute for Highway Safety tests released today, it performed well in both front and side crash tests.

Apparently what the Smart lacks in size, which usually adds safety protection, it makes up for in safety restraints for front end crashes. The front airbag absorbed the impact reducing the recorded injury to the test dummy.

With side impact crashes, the firm structure of the vehicle and the side airbags contributed to the low injury recordings to the test dummy. These low injury recordings would have given The Smart a good rating, but because the door flew open in the side crash, IIHS downgraded the rating to acceptable.

The IIHS stressed the fact that with additional size, you get additional safety. Therefore, the safety of cars should be only compared to those in the same size category, for example compare the Smart to a Toyota Prius.

The Smart car has been very popular for years in Europe where gas prices range between $4 and $6 a gallon. As our gas prices creep closer and closer to $4 a gallon, will U.S. consumers start flocking to The Smart car? Only time will tell.