Now, the father of the victim has come out saying that the teen's "stupidity" of driving while using a cellphone is what led to his son's death. His hope is that she receives the most severe legal penalty and that this tragic accident can serve as a reminder to others about the dangers of using a cellphone while driving.
]]> Recently, the 16-year-old was charged with negligent homicide, failure to drive in the proper lane and using a cellphone under the age of 18 while driving. If convicted, she could end up serving six months in jail, have her driver's license suspended for 30 days and have to pay court fines.Every year there are thousands of people who are killed and thousands more who are injured due to being in a motor vehicle accident where distracted driving was a factor. And while in Louisiana drivers under the age of 18 are prohibited from using a cellphone while driving -- and all drivers are prohibited from texting while driving -- the truth is that motorists still choose to break the law and text or call with a learner's permit.
However, these drivers who make the choice to not follow the law and put other people's lives in danger can also be held accountable for any motor vehicle accident or pedestrian accident that they cause.
Source: The Associated Press, "Conn. accident shows dangers of distracted driving," Dave Collins, May 15, 2012
]]>The claim was the producers of the awards show did not inform Michaels of the way that the set was going to change during his opening act.
According to the lawsuit, the injury he sustained from getting hit on the head from the backdrop contributed to a brain hemorrhage that he ended up being treated for in 2010. At the time of the accident, he also ended up breaking his nose and needing three stitches in his lip due to being hit by the backdrop.
]]> CBS was also named in the lawsuit because Michaels claimed that the network did not have to broadcast his accident, which ended up being viewed many times after being circulated as a video clip on the Internet.With this recent settlement, a lawyer for Michaels said the details will not be disclosed. A statement from the producers of the Tony Awards and CBS referred to the settlement as an "amicable resolution."
When looking at this lawsuit and recent settlement, it highlights the fact how one injury can end up leading to another. In this case, Michaels claims that being hit on the head contributed to his brain hemorrhage.
In general, anytime a person receives injuries involving their head -- whether it is in a motor vehicle accident or slip and fall -- it is important to have a medical professional examine the injury to make sure there are no injuries to the brain, that can end up leading to even more medical issues down the road. Additionally, it's also a good idea to contact an attorney who has experience with personal injury claims in order to learn what options there may be to hold those responsible accountable.
Source: New York Times, "Bret Michaels Settles Lawsuit After Injury at Tony Awards," Dave Itzkoff, May 15, 2012
]]>Sadly, while these logbooks are very important, some truck drivers feel the pressure to get as much driving done as possible and therefore falsify these logbooks. This is against the law.
]]> Recently, one 58-year-old truck driver, who caused an accident, was sentenced after pleading guilty to making false statements regarding his commercial truck driver logbooks. In connection to the January 2009 fatal accident, he was sentenced to 18 months in prison.According to investigators, the driver had falsified his logbooks a total of 15 times between December 2008 and January 2009. These books were falsified to hide how much he was actually driving without getting the required amount of rest. Even the day before the accident, the driver claimed in his logs to be in a sleep berth, when in fact he was still out on the roads.
The next day, without his required rest time, he caused a multi-vehicle crash when his truck struck another vehicle during rush hour traffic. The driver of the other vehicle was killed and their passenger was severely injured.
While of course this is a very tragic story, it is a reminder to the fact that even though there are federal laws in place to try and reduce the number of truck accidents caused by fatigue, some drivers still skirt the rules.
Source: NBC 10 Philadelphia, "Truck Driver Sentenced for Falsifying Log Books: Investigators," David Chang, May 7, 2012
]]>Recently, nine medical-specialty societies, which represent more than 370,000 doctors, made recommendations with the goal being to avoid overtreatment. The hope is that this will better protect patients, while also helping to avoid costly unnecessary medical spending.
]]> Some examples of these recommendations are to not always have a chest X-ray before a surgery and to not just automatically prescribe antibiotics to treat sinusitis. Another recommendation is for doctors to not just go ahead and order a routine electrocardiogram, known as an EKG, for patients considered to be low-risk with no signs of heart problems.When looking at the importance of avoiding overtreatment, aside from the financial impact, one source points to the fact that in some cases overtreatment can have real negative consequences. An example of this is when doctors automatically order a CT scan for a child when there is suspected appendicitis. This type of test exposes the child to radiation. Excessive radiation is typically considered to be more of a concern for a child than an adult since the child has their entire life ahead of them to potentially be re-exposed as they grow.
To avoid this unnecessary exposure, the thought is to first consider an ultrasound.
However, all of this being said, while doctors still have a responsibility to try and keep patients free from harm, one suggestion is for patients -- or their parents -- to also make sure to have an open dialogue with physicians and ask the appropriate questions, like what other options are available and what would happen if no medical treatment was taken?
Looking to the future, it will also be interesting to see if these recommendations lead to tests and procedures not being order that could have ended up leading to a more timely diagnosis.
What do you think: What puts a patient more at risk, overtreatment or under treatment?
Source: Times Union, "5 questions you should ask to avoid overtreatment," May 4, 2012
]]>Sadly, as we've mentioned numerous times in the past, while property owners and businesses know this, they do not always adhere to their legal obligations and innocent people end up slipping and falling and sustaining injuries in the process.
]]> This is the exact reason why one New Orleans woman decided to file a lawsuit against McDonald's and Coaxum Enterprises Inc. She claims both should be held liable for the severe and debilitating injuries she sustained after falling outside of a McDonald's.The accident happened on April 17. At the time, the woman was at the McDonald's on St. Charles Avenue when she slipped and fell while walking down the eatery's stairs. She claims that a witness had actually seen a child spill a soda just before she fell.
From the fall, the woman ended up suffering from numerous injuries to her left knee, ankle and foot, as well as her lower back. She is now seeing damages for not only her pain and suffering, impairment and medical expenses, but also for the fact that the injuries have affected her earning capacity.
In general, this most recent accident and subsequent lawsuit highlights just how serious the injuries can be from a slip and fall and the fact that those who are injured can often times try and hold negligent property owners and businesses accountable for not keeping an area reasonably safe.
Source: The Louisiana Record, "McDonald's sued in slip and fall," Kyle Barnett, May 3, 2012
]]>The study was conducted by USAA, which is a major insurance provider for military members and their families. The study looked at 171,000 deployments of 158,000 of its members.
]]> From there it was found those in the Army who had returned home after a deployment had a 23 percent increase in accidents. Those in the Marines saw a 12.5 percent increase. Those in the Navy and Air Force also saw a slight increase.When looking at the results of the study, it appears this increase in accidents can be contributed to the driving style that was necessary for soldiers during deployment. For example, in places like Baghdad and Kabul, service members had to drive in areas where there are risks associated with improvised explosive devices, known as IEDs, and other roadside obstacles. This risk and associated driving style may have something to do with the fact that here in the U.S., one of the leading factors cited in accidents among service members was "objects in the road."
The same study also found a correlation between the increased risk of accident and how many deployments a service member had been on. For example, those who were deployed three or more times had 36 percent more accidents, while those deployed twice had 27 percent more motor vehicle accidents.
Lastly, age and rank appear to play a role. Those under the age of 22 reported more incidents than those over the age of 29. And, the more senior a service member was in rank, the lower the number of reported incidents.
Source: Reuters, "Returning soldiers have more car crashes: study," Ben Berkowitz, April 24, 2012
]]>Now, years later she is still paralyzed on the entire right side of her body, which has understandably led to major life changes. Before the misdiagnosis, the woman used to enjoy cycling and skiing. Now, she has learned to ride a three-wheeled bike and on a recent ski trip, she struggled to do one run.
Because of the misdiagnosis, the woman filed a medical malpractice lawsuit in 2008. Recently she was awarded $3.9 million.
The doctor, meanwhile, has reportedly retired from the medical field. He and his insurance carrier were held liable for paying the reparations. The hospital, however, was not held liable because it does not employ emergency room doctors directly, but receives them through a contract.
Source: The Coloradoan, "Fort Collins woman wins $3.9M malpractice suit against former PVH doctor," Robert Allen, April 20, 2012
]]>Recently, one woman filed a premises liability lawsuit against Winn-Dixie and The Travelers Indemnity Co. The lawsuit, which was removed by the defendants to federal court in New Orleans, claims the store knew that their walkway was dangerous to customers, and that even though other people had already slipped and fell in the area, nothing was done to warn customers or make the area any safer.
]]> The accident happened in March 2011. The woman was shopping at a Winn-Dixie in Louisiana when she slipped and fell off of a raised walkway. According to the lawsuit, the woman was not the first to fall off of this walkway either and claims that others fell due to similar dangerous conditions.In the premises liability lawsuit, the woman who fell claims that Winn-Dixie and The Travelers Indemnity Co. should be held liable for not maintaining a safe business and not keeping the raised walkway up to code. Additionally, the lawsuit claims that the defendants had never warned the woman about the risky and dangerous area and should therefore be held liable for her injuries.
The woman is now seeking damages for a number of reasons, including physical pain, mental anguish, aggravation, disability, loss of earning capacity and medical expenses.
Source: The Louisiana Record, "St. Charles Parish woman sues Winn-Dixie after slipping and falling," Michelle Keahey, April 24, 2012
]]>Auto accidents are one of the leading causes of serious injury and death in this country and instances of distracted driving causing accidents on our roadways is becoming a huge concern among lawmakers around the country. Wrongful death and personal injury claims are frequently the result of car accidents caused by distracted or impaired driving, including drunk driving and driving while texting or talking on a cell phone.
]]> Louisiana's Highway Safety Commission reported 52 traffic accident fatalities in a four year period between 2005 and 2009 were directly tied to cell phone use. Current Louisiana law forbids texting while driving. The new bill, which passed the committee by a 9 to 7 vote, was not without some rather strong opposition however.If the bill becomes law, it would require Louisiana drivers to use hands-free cell phones while driving, however a police officer cannot pull you over if he or she notices you talking on your cell phone. If you are pulled over for speeding or some other traffic violation however, you can be ticketed if the officer notices you talking on a cell phone that is not a hands-free device.
The lawmaker who introduced the bill doesn't want anyone else to have to suffer like she and her kids did. She believes that having a hands-free device will make it less likely for a person to be distracted while driving. How many of us have seen a driver not use his or her turn signal when changing lanes or making a turn because they had a cell phone in their hands? Think safety first and at all times when you are behind the wheel.
Source: NBC 33 News, "Louisiana may change cell phone law," Brix Fowler, April 16, 2012
]]>According to the National Center for Catastrophic Sports Injury Research, which began to track catastrophic brain injuries in 1984, over the past several years the number of reported brain injuries to the center has been on the rise.
]]> Between 19992 and 2001, the average for a brain injury was 5.0. However, from 2002 through 2011 the average increased to 8.2. Additionally, while the number of reported brain injuries was either nine or less each year from 1984 until 2007, the number reached 10 in both 2008 and 2009, and hit 13 for 2011.Of course, when it comes to these types of injuries, prevention is the key to stopping this number from continuing to increase. This means that athletes should be wearing properly fitted helmets, and coaches should be educating athletes to make sure they are not using their heads for tackling or blocking.
Looking to the future, one aspect of football that may also help is the fact that the National Federation of High School Associations and the NCAA both adopted rules that require for an athlete whose helmet falls off during the game to be sidelined in order to better fit their helmet before continuing to play.
Source: Charlotte Observer, "High school football brain injuries increasing," Tim Stevens, April 16, 2012
]]>Recently, a 59-year-old woman was awarded $1.9 million in a medical malpractice lawsuit against a doctor who overprescribed her methadone. This ended up leading to brain damage, which resulted in her having a difficult time completing simple jobs and multitasking.
]]> According to the lawsuit, in August 2006 her regular doctor referred her to a family practice specialist to treat her back pain. She was given Prolotherapy treatment, which involved injections in her back to purposely cause inflammation that was designed to heal. However, the claim is that the family practice specialist prescribed too high a dosage of methadone, which ended up causing her to stop breathing in her sleep. This led to oxygen deprivation, which led to brain damage.The lawsuit claims that the woman had stop breathing about 2 ½ days after her first methadone prescription.
Her attorney claimed that part of the problem is a lack of understanding on how the process of methadone works, and that 40 milligrams doubles within four to five days to 80 milligrams. However, he claimed that when this is not understood, it becomes every easy to accidentally overdose a patient.
However, accident or not, being overprescribed a medication can still lead to very serious complications for a patient, which is why it's important to hold the medical professional accountable.
In this most recent medical malpractice case, it took the nine-member jury less than two hours to return a unanimous verdict in favor of the 59-year-old woman.
Source: Bangor Daily News, "Jury awards Corinth woman $1.9M in methadone malpractice suit," Andrew Neff, April 12, 2012
]]>Typically, taxes are due on April 15. However, this year there has been a slight extension granted due to April 15 falling on a Sunday and April 16 being Emancipation Day. Now, this year the tax filing deadline is April 17.
]]> However, in terms of the increase in accidents, it doesn't seem like it's the actual date that matters, but more the actual day and people's driving behaviors.According to data from the National Highway Traffic Safety Administration, between 1980 and 2009 there were approximately 226 fatal accidents a day. Typically, for a day before or after the week taxes are due, the average was 213 auto-related fatalities.
According to the recent study, while this difference may seem relatively small at just 6 percent, the truth is that this leads to around $40 million in annual losses, including the loss of life, property damage and injury.
When looking at why there is an increase, researchers point to the fact that many people wait until the last minute to file their taxes. This can lead to drivers speeding and driving recklessly to the post office on tax day. Additionally, the stress of taxes may also be enough of a distraction for many drivers to in turn not be paying attention to their driving, which can lead to an accident.
Source: Huffington Post, "Deadly Car Crashes Spike By 6 Percent on Tax Day: Study," Lindsey Tanner, April 1, 2012
]]>The evidence comes from a report produced in partnership between an insurance company and a children's hospital. It found that, out of the more than 55,000 teen drivers and teen passengers involved in motor vehicle accidents in 2009 and 2010, 30 percent of them suffered head injuries.
]]> And, although teen driver death rates have been declining over the past six years, according to the Centers for Disease Control and Prevention, car accidents are still one of the most common reasons for traumatic brain injury-related deaths for those between the ages of 15 and 19.So what do you think? In Louisiana there are graduated driver's license laws, but those laws are not among the strictest in the nation. Do you think these laws should be updated? If they were updated, what changes could help reduce the number of teen driving accidents?
Source: Forbes, "Car Crashes Are The Leading Cause Of Fatal Head Trauma Among Teens," Jim Gorzelany, April 2, 2012
]]>In an effort to reduce the chance of a drunk driving or drug impaired accident, one Louisiana high school hosted a mock accident presentation. The hope is that by showing -- and not just telling -- students about the dangers of drinking and driving, that prom attendees will decide not to drink and drive, or get in the car with someone else who has been drinking or using drugs.
]]> According to sources, the scene itself was rather traumatic and life-like. It started with two vehicles, a pickup truck and a car, facing each other. A blue tarp was pulled back to reveal several teenagers badly injured at the scene of the crash. One teen was lying on the ground, a narrator told the crowd she had already passed away. Another was lying on the hood of one of the vehicles.As the scene continued to unfold, one teen was airlifted from the site. A driver was arrested for driving under the influence.
Looking back at the mock crash, a Louisiana state trooper said the purpose of the crash was not just to focus on the fact that there can be fatalities, but that drunk driving can also lead to serious injuries that can end up lasting a lifetime.
"These are injures that can affect a person's entire life. And it affects so many others," the state trooper said about the consequences of drunk driving accidents.
Source: The News Star, "Mock crash teaches lessons," Zack Southwell, March 27, 2012
]]>The woman has filed a lawsuit in federal court against the company after she broke her nose from walking into one of the Apple's signature glass doors. Through this personal injury lawsuit she is seeking $1 million.
]]> According to the lawsuit, at the time of the accident, the woman was planning on going to the Apple store to return an iPhone. However, due to the architecture of the building, she did not realize she was getting ready to walk right into a glass see-through wall.In the lawsuit, the woman argues that Apple should have some kind of markings on the glass door so older people know they are approaching the store before just walking right into it.
And while her attorney does understand that Apple tends to focus on the younger generation of teenagers and college students as their marketing audience, the company does still need to realize that there are older costumers too, and therefore make the retail locations safe for all age groups.
Currently, at the same retail location that the woman injured herself, there are small strips on the glass. However, it's unknown if those same strips were there back in December when the woman broke her nose. Either way, her attorney claims that even if those strips were there, it simply isn't enough to prevent accidents like this one from happening.
Source: New York Post, "'Pane' & suffering at the Apple store," Kieran Crowley and Todd Venezia, March 24, 2012
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