Tips to keep your family safe

Summer is here, and with the COVID-19 pandemic in full retreat, families throughout Western New York are eager to make up for lost time. This is undoubtedly good news, but it also comes with all the usual risks of hot weather, outdoor activities, and potential accidents that can cause injuries to children. Keep these tips in mind to make sure your family’s summer is safe and memorable.

Supervision is critical

Kids should never be in the water, whether a pool or natural body of water, without adult supervision. Whether or not there is a lifeguard on duty, parents and guardians need to take responsibility for supervising the kids. If multiple adults are present with a group of children, one responsible (and sober) adult needs to be designated as the point person to watch the kids. Too many accidents happen when several adults all assumed that someone else was supervising play.

The same principle applies to other outdoor activities, such as playing on playgrounds. Accidents can happen quickly, and the watchful eyes of a responsible adult are important to keep kids from getting seriously hurt. Make sure kids only play on age- and size-appropriate equipment, and especially in the afternoon, touch metal surfaces first to make sure they aren’t too hot.

Stay safe in the heat and the sun

Know the signs of heat exhaustion or heat cramps, and be prepared to take immediate action if a child seems to be showing warning signs of heatstroke. Kids are more vulnerable to dehydration than adults, so they need to stay hydrated on hot days. Wear light, weather-appropriate clothing to avoid getting too hot. Never leave a child unattended in a car — at any time of year, really, but especially in the summer when the greenhouse effect can cause temperatures to rise quickly.

Make sure you’re applying sunscreen of at least SPF 30, and remember to reapply every 3 hours or immediately after swimming or playing in water. Waterproof sunscreen protects skin while in the water, but not after you dry off.

Be safe around fireworks

With the Fourth of July coming up, remember that children should never touch or light fireworks. Thousands of children under 15 go to emergency rooms every year with fireworks-related injuries.

In New York, the only legal fireworks are sparkling devices — a broad category that includes devices that burn at up to 2,000 degrees Fahrenheit, more than enough to cause devastating burns. If your celebrations involve sparklers, make sure a responsible adult reads the instructions and handles the devices appropriately.

We are honored to stand up for children injured by negligence

Most parents do everything they can to keep their children safe, but there is always a risk that a child can be harmed by a negligent driver, property owner, or another party. When that happens, the injured child and their family have recourse under New York law. That’s why it’s critical that you talk through your legal rights and options with an experienced personal injury lawyer. If your child has been hurt, contact the Law Offices of James E. Morris today for a free, confidential consultation.

There are many products parents purchase for their babies to try to keep them safe. From high chairs to baby carriers to car seats, it seems there is an endless amount of baby gear designed to protect a baby during any type of activity.

Sometimes the very same products designed to help keep infants safe end up causing them harm. There has been a rising number of injuries in recent years caused by problems with various types of baby products. Parents need to be aware of the substantial risk that a child could be hurt or even killed if using any of these items.

Parents should shop carefully for baby gear to try to ensure they find the safest possible products. If something goes wrong and a baby is harmed, parents must understand their options. If the injury was caused by a problem with a defective product, the manufacturer — and anyone else in the chain of distribution — could potentially be held accountable for harm, in some cases regardless of whether the maker of the baby gear was negligent.

Understanding the Rising Risk of Injuries Due to Problems with Baby Products 

Scientific American recently revealed some troubling statistics about baby products. According to the information presented:

• A child under the age of 3 has an accident once every eight minutes in the U.S. because of baby products.
• More than 66,000 annual injuries occur to children under age three because of a problem with a baby product.
• Concussions and head injuries are a leading reason for emergency room visits because of problems with baby gear.
• Almost 1.4 million injuries related to baby gear occurred during 1991 to 2011. There was a surge in the number of injuries during the last four years of the study, with the number of injuries going up by 24 percent.
• In the study’s early years, there was a decline in injuries likely attributed to increased awareness of the dangers of baby walkers.
• Baby carriers accounted for approximately 20 percent of injuries and were the product accounting for the most injuries. Infant carrier injuries can occur when parents don’t properly use carrier straps or when a carrier is put up on a counter or up on a table instead of being put on the floor as recommended.
• Mattresses, cribs, and bedding were the category of products responsible for causing the second highest number of injuries. Around 19 percent of injuries happened because of a child’s bedding or crib. Drop side cribs were a leading cause of injury until they were banned in 2011.
• Strollers were involved in 17 percent of injuries. Strollers had problems including toppling and babies not being properly secured by buckles or straps. Wide wheel bases tend to be safer, but parents must ensure wheel locks are used when necessary.
• Exercisers, jumpers, and walkers accounted for 16 percent of accidents.

While sometime the injuries were the fault of improper use, in other circumstances the products themselves were to blame. It should be noted that even improper use of a product will not necessarily bar an opportunity for compensation if plaintiffs can show the product was being used in a manner that was foreseeable. This is a legal doctrine known as “foreseeable misuse.” This theory protects consumers who misuse a product in a way a manufacturer either should have or did anticipate. Parents need to determine if a product defect caused harm and should take appropriate legal action if that is the case.

A 6-year-old boy was killed and another was seriously injured in a dog attack while walking to school last month in Atlanta, prompting discussions nationwide about animal control laws and the responsibility of dog owners.

According to The Washington Post, a five-year old girl was seriously injured and required multiple surgeries, while a six-year-old boy was killed by the dogs, who had escaped from their fenced yard. Neighbors reported that the dogs had a history of roaming the neighborhood, but did not report a history of violence.

In response to this attack, officials in Atlanta and Fulton County recently began discussing their animal laws and the future of an animal control arrangement between the county and its cities which expires this year, according to the Atlanta Journal-Constitution,

This is not a new conversation. The state of Georgia itself had considered legislation that would prevent local governments from banning specific dog breeds in 2015, but ultimately decided to leave that power in local hands. Nationwide, officials have had similar discussions involving dog attacks and legislation aimed at preventing such incidents.

Dog Bite Law in New York

Dog bites are a serious concern across the nation. An estimated 1,000 people each day require emergency medical treatment due to a dog attack, according to statistics compiled by DogsBite.org between 1982 and 2014.

In New York, the victim must prove a prior vicious propensity for violence on the part of the dog. This means the dog was violent in the past and the owner was aware of this tendency. However, proving that a dog has a history of violence can be difficult. Often, there are few witnesses who saw a dog’s prior vicious behavior. And if someone did see something, many don’t want to get involved in such legal disputes.

As a result, the investigation process often takes more time and injury victims have to wait longer to receive the compensation they rightfully deserve. That’s primarily because negligence is not accepted in New York as a grounds for medical compensation after a dog bite.

Based on deadly dog attacks like the one last month, New York officials should consider revising the state’s dog bite laws, just like officials in Fulton County and Georgia. Dog owners should be liable for damages caused by their animals without requiring victims to prove that a dog has a history of violence. Investigating a dog’s previous behavior often takes a tremendous amount of time and money.

If the attack in the Atlanta area happened in New York, it’s likely that the victims’ family might not be able to obtain financial compensation since neighbors in the Atlanta suburb where the deadly attack happened last month said that the dogs were not violent in the past.

Dog Safety

New York officials need to consider changing the state’s laws to protect people from violent dogs. Specifically, New York lawmakers should consider:

• Changing the requirement that dog bite victims must prove that a dog had a history of violence before the attack occurred. Dog owners should not have to gather such evidence. If a dog viciously attacked someone, that should be more than enough proof that a dog is violent and the dog owner should be held legally responsible for such an attack.
• Banning certain dog breeds. Certain communities nationwide have chosen to take this approach in an effort to reduce the number of violent dog attacks. Breed-specific legislation often targets pit bulls, Rottweiler’s, Dobermans and other specific breeds.

• Limiting the number of dogs people can own. Some counties nationwide restrict the number of dogs people can own based on how the property is zoned. Officials in California, Illinois, North Carolina and Oregon have such laws in certain counties, according to news reports.
• Making dog obedience classes mandatory for all dog owners. New York State previously considered adopting such legislation in 2011 requiring mandatory dog obedience training. It’s important that dogs know their limits and understand certain commands and respond on cue from their owners.

In the meantime, dog owners and neighbors should consider taking the following steps to keep everyone safe and prevent dog attacks from happening:

Dog owners

• Make sure dogs securely contained on properties. Larger dogs require sturdier fencing. And if dog owners fail to properly contain their dogs, they should be held legally responsible for any attacks caused by their dogs.
• Use a sturdy leash when walking dog in neighborhood. If a dog becomes aggressive or violent, dog owners should be able to pull the dog back and prevent the dog from harming a person or another dog.

Neighbors

• Do not provoke dogs. Even if an animal seems friendly and happy at a given moment, dogs should not be teased or harassed. Children should be taught how to safely interact with dogs. If a dog is loose, give it space and contact the dog’s owner, local animal control, or local police so the dog may be safely collected and taken home or to a safe location.
• Make note of any violent habits or tendencies in dogs. If you see a neighbor’s dog behaving in an aggressive or violent manner, write down the exact time and date you observed such behavior. You may even want to consider reporting such threatening or dangerous behavior to police. If an attack happens under current New York law, this information will be vital in getting justice for the victims or their families in a timely manner. If the danger is great enough, making the owner and/or law enforcement aware of it may even help prevent an attack from happening.

Understanding what to do after a dog attack can be confusing. That’s why it’s important to contact a New York attorney familiar with the state’s laws and handling such complex cases. If you or a loved one has been attacked by a dog in New York, contact the Law Offices of James Morris to learn more about your rights and all the legal options available to you.

In the few weeks since its release, Pokémon Go has quickly become an international sensation. Created by Niantic Inc., this new app combines virtual reality with actual reality and gives fans the chance to experience the joy of being a Pokémon Trainer. The game is encouraging exercise, bringing likeminded players together, and helping to increase small business revenue across the US. Yet, Pokémon Go could have dangerous and potentially fatal consequences.

Despite warnings from Nintendo, some people continue to play the game while driving, focusing on their phone screens instead of on the road. As with any other forms of distracted driving, repeatedly looking away from the road in front of you greatly increases your chances of a car accident. And that’s exactly what happened in Auburn, New York. A 28 year-old man was playing Pokémon Go while driving and crashed his car into a tree. Though the car was severely damaged, the driver is expected to make a full recovery.

It’s not only distracted driving that is causing Pokémon Go-related accidents. There have also been reports of pedestrians walking into traffic, robbers specifically targeting distracted players and, in one report, two players crossed into a fenced-off area and walked off the edge of a cliff. Miraculously, none of these people were fatally injured, yet all of these instances could have been avoided entirely had these players focused more on their surroundings and less on their phones. Just as it is the responsibility for motorists everywhere to pay attention to the road, pedestrians need to be aware of their surroundings, especially when walking along busy roads or highways.

Safety Tips for Playing Pokémon Go

• Do not play Pokémon GO while driving. Every year, thousands of car crash fatalities happen as a result of distracted driving. Looking down at your phone, even for a few seconds, could cause an accident. Keep your phone off and your eyes on the road.
• Be aware of your surroundings. Especially if you’re playing at night. Pay attention to where you are walking and the people who are around you.
• Bring a friend. Not only is catching Pokémon with your friends a fun experience, there is always safety in numbers.
• Watch for signs as well as Pokémon. If you trespass onto private property or ignore construction signs that might be outside of buildings or other dangerous areas in an attempt to catch Pokémon, you may end up putting yourself in danger and could end up breaking the law. Remember, any Pokémon that appears in a restricted area will reappear in another, safer location at another time. Stay safe. Pikachu can wait.

Playing sports has many health benefits for kids, as youth who participate in athletics learn to maintain a healthy lifestyle and may have a higher self esteem. Kids who participate in sports can also learn important skills like how to lose graciously and how to be a good team player. Unfortunately, despite the myriad benefits associated with participation in school sports, there are also very serious health risks that can occur.

A personal injury lawyer knows that most parents are especially concerned about the risks of head injury that football can cause. However, football is not the only potentially dangerous sport. As WCYB reports, other high risk sports include basketball, cheerleading and soccer.

Head injuries are also not the only risk that kids face when they play sports. It is important for parents, student athletes and school athletic departments to understand the dangers associated with athletic participation. Schools are in the best position to keep student athletes safe in most cases, and schools can be held accountable if kids sustain injuries as a result of negligence or safety lapses.

Preventing Injuries from School Sports

Action News 19 has a list of some key safety tips as kids start back to school and begin participating in sporting events again. For example, to reduce the risk of injury:

• Kids who will be participating in a team sport should start an exercise program around four to six weeks before the sports season actually begins.
• Kids should be slowly acclimatized to practicing or playing outdoors. The acclimatization process should occur over the first 10 days to two weeks of practice as they amount of time the kids spend outside is slowly increased.
• Kids should be given plenty of opportunity to take rest breaks and should consume plenty of fluids. It is a good idea to allow time for a break every 10 to 15 minutes.
• Kids need to have protective gear whenever they practice or play. Schools need to make sure that the protective gear is in good condition, appropriate for the particular sport and fitted properly to the child athlete.

Following these safety tips can help prevent many injuries that could occur, but kids always remain at risk of head injuries in any contact sport or sport where they could be hit in the head with a ball. Parents and athletic departments need to know the signs of concussion, such as dizziness, sensitivity to light and disorientation. A prompt medical evaluation should take place if there is a concussion suspected and the child should not continue to play sports until cleared by a medical professional.

Unfortunately, once a child has a concussion, the damage cannot be undone. A child is at risk of long-term complications including depression, an increased chance of suicide, and an increased chance of developing dementia. The effects of head injuries are cumulative so the more head injuries a child suffers, the greater the likelihood of long-term complications.

Contact a Buffalo, NY accident attorney at the Law Offices of James Morris at 1-716-855-1118 or visit http://www.jamesmorrislaw.com.  Attorney advertising.

While a spinal cord injury has life-changing consequences, Health Central indicates that some progress is being made in assisting victims suffering from permanent spinal damage. While the progress is slow, every step taken toward finding new treatment and solutions is a positive step for those throughout the United States who are coping with paralysis due to spinal cord damage.

Spinal Cord Damage Is Permanent, But Progress is Being Made on Treatments

When you sever your spinal cord or do damage to your spinal cord, there is no cure for the spinal cord injury you sustain. You may experience varying degrees of lost functionality and lost feeling depending upon where along the spine the injury occurred and depending upon whether the injury was a complete spinal cord injury (SCI) or a partial injury.

Because of the serious impairments that a spinal cord injury can cause, the CDC estimates that the average annual medical cost associated with SCI is between $15,000 and $30,000. The estimated lifetime cost is between $500,000 and $3 million, depending on the extent of the injury.

These costs are astronomical, and of course the costs go beyond the financial, since those who suffer a spinal cord injury will experience a significant decline in quality of life. A spinal cord injury victim may be unable to care for himself at all and may need ongoing and sometimes round-the-clock medical help.

Unfortunately, many of these injuries occur to very young people, and impact the rest of their lives. As the CDC reports, an estimated 50 to 70 percent of spinal cord injuries happen to people between the ages of 15 and 35. These young victims have decades of living with a spinal cord injury causing impairment.

Health Central, however, suggests that progress is being made and that there may be reason for spinal cord injury victims to hope for a cure in their lifetime. According to Health Central, a team of scientists from the Cleveland Clinic and Case Western Reserve Medical School have successfully restored bladder function to rats who had sustained severe injuries to the spinal cord.

Scientists were able to restore bladder function using a new technique to regenerate nerve cells across the site of injury.  When a spinal cord injury happens, the nerve cells in the brainstorm become disconnected from the nerve cells located in the spinal cord, preventing the transmission of messages. The body forms scar tissue at the site of the injury, preventing nerve function from being restored. Scientists, however, were able to take healthy nerves from other parts of the body, graft the healthy nerves to the damaged areas, and add chemicals that disrupted scar formation and promoted cell growth.

Successful re-growth of brain stem cells occurred at the injury site, allowing the rats to regain control of their bladder function. This is the first time ever that an animal has been able to urinate normally after a spinal cord injury.

Hopefully, this new development means that progress is being made and the thousands who suffer spinal cord injuries in car accidents or slip and falls may be able to find treatment in the future to restore functionality lost due to the accident.

If you’ve been injured in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation. Call 716-855-1118.

Also alarming is that, according to the NHTSA, “statistics show that the percentage of intoxicated motorcycle riders in fatal crashes is greater than the percentage of intoxicated drivers on our roads.” This is a significant safety concern.

There are safety measures riders can take to protects themselves, some of which are similar to the tips we provided for safe bicycling. Most important is that riders use a safe and properly fitted helmet, as required by New York law. The CDC indicates the use of a helmet decreases the chances of fatality in a motorcycle crash by 37%, and decreases the risk of head injury by 69%, which is significant. Additionally, riders should wear bright clothing to make them highly visible, and protective clothing, like a leather jacket, may also be beneficial.

If you’ve been hurt, please give us a call to talk to our knowledgeable, experienced attorneys.  At James Morris Law we always fight to achieve the best results for our clients.

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It is a good idea to bring a copy of your own insurance documents (declaration page), when you first meet with your attorney. Your attorney’s office can also obtain this information if necessary, but as the article above mentions, the client can sometimes access this information quicker.

You should also bring with you other information your attorney may need to begin working on your file. For instance, for a personal injury matter, this may include the names and contact information for all your treating physicians, or copies of police accident reports. There are often key deadlines early on in a potential lawsuit, so the more information your attorney has on hand from the outset of your case, the better.

Keep all documentation, including letters and bills from doctors and insurance companies. Discuss with your attorney early on what types of documents they may want you to forward to their office, and be sure to do so in a timely fashion. This will help to ensure the attorney will always have up to date information in your file when they need it. Sometimes it is as simple as mailing (or e-mailing) it to the office when you receive it, or leaving it with the assistant or paralegal in charge of your file.

Keep a list of questions you would like to discuss with your attorney, as well as notes about what happened since the last time you spoke, which will help you make the most of your next appointment.

For a personal injury or medical malpractice case, it can be useful to keep a calendar documenting symptoms and keeping track of all your medical appointments.

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• Always wear a properly fitted helmet with the straps fastened.
• Wear bright clothing and reflectors so that you’re highly visible to drivers, even during the day. You can buy reflectors, headlights, and taillights to place on your bicycle for nighttime rides.
• Remember that on a bike you have the same rights and responsibilities as your fellow motorists, including obeying traffic signs and signals.
• Ride with traffic. This is not only the law, it’s for your own safety. Motorists will not expect you to be riding against traffic, and statistics show this increases the risk of an accident substantially.
• Do not wear anything that could become caught in your bicycle chain, like straps or loose clothing.
• Signal your turns so motorists are aware of your intentions.
• Remain alert as you ride. Watch for motorists who may turn or pull out in front of you, and watch for open car doors. Do not pass cars on the right.
• Do not ride on the sidewalk. It is especially dangerous to re-enter road traffic from the sidewalk as you will be virtually unseen by motorists.
• Make sure your bicycle fits you properly and is in good repair.

Motorists, please be aware you share the road with bicyclists and so you are also responsible for their safety. Use caution when driving. Be sure to check carefully for bicyclists before opening your doors, making turns, or merging into a bicycle lane.

I also encourage avid bicyclists to check the SUM (Supplement Uninsured Motorist) coverage on their auto insurance policies. This insurance will cover you on your bicycle as well as in your car. SUM insurance is supremely important should you get into an accident with another driver who is under-insured (or not insured at all), and generally it is not very expensive. If you do not own a car and cannot obtain SUM coverage, some insurance companies are beginning to offer insurance policies specifically for bicycles.

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A case’s worth is determined by several factors and I’d like to discuss them a bit here.  Please keep in mind that every case is different and that individual results will vary.

The most important determining factor in valuing a case is how much money is available either in the form of an insurance policy or a defendant’s assets.  Even if you receive a million dollar verdict at trial, if the defendant doesn’t have the money to pay you, you will not be getting a million dollars.

Another factor is the severity of your injuries and the amount of pain, suffering and expense they have caused you.  Are they permanent?  How long will you need to continue with treatment?  Generally speaking, breaking your toe is not worth as much as breaking your back.  If your injury will require future treatment, this added expense should be taken into account when discussing settlement.

A third thing to consider when valuing a case is how much income the plaintiff has lost or stands to lose.  If a highly trained neurosurgeon is left unable to return to her duties she will likely be losing more future salary than a truck driver.  This is not to say that a truck driver’s injuries are in any way less significant or disruptive than a neurosurgeon’s, it’s just something to keep in mind when you think of the value of your case.

Comparative negligence is also something to consider when valuing your case.  Did you contribute in any way to your injuries?  If a jury finds that you are 30% responsible for an accident, for instance by not looking before crossing a street, then any verdict received from them will be reduced by 30%.   A verdict of $100,000 would be reduced to $70,000. Going to trial is essentially a wild card.  A recent study of jury verdicts found the defense won 50 per cent of the time resulting in no recovery. Verdicts for the plaintiff in injury cases averaged under 30,000. This dispells the popular notion that juries commonly give million dollar verdicts. We live in a conservative area filled with working-class jurors.  They don’t hand out million dollar verdicts often.  This is a crucial fact to keep in mind when considering settlement offers.

If you’ve been hurt, please give us a call to talk to our knowledgeable, experienced attorneys.  At James Morris Law we always fight to achieve the best results for our clients.

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Why do I have to pay?

A personal award is assumed to be compensating you for money that you have spent or will have to spend on your injuries. Theoretically, you are not supposed to be getting paid twice for the same injuries from the same accident. If Medicare has paid for your broken leg, and you then receive an award from someone’s homeowner’s insurance for those same leg injuries, you will need to reimburse Medicare for the cost of the treatment.

What if I just don’t mention that I have Medicare or Medicaid?

Medicare has started to get serious about enforcing these laws. As such, many defense attorneys will not settle without first ensuring that either there is no Medicare or Medicaid involved, or that they have been properly notified. Here is a helpful site outlining the process: MSPRC Site

Is there anything I can do?

Yes there is. By keeping your attorney informed you are allowing them to negotiate with Medicare for a lower repayment amount. Medicare often sends an initial bill that includes treatments and visits that are unrelated to the injuries in your case. Your attorney can challenge these charges. Additionally, Medicare is often willing to work with attorneys to reduce the fee by as much as a third. Don’t pay Medicare or Medicaid more than you have to. Call the Law Offices of James Morris to handle your case today.

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A woman involved in a low speed collision accident suffers whiplash on the day of the accident, this is a relatively mild condition that most people overcome in a few days, but her pain does not decrease, instead she develops severe burning sensations, sensitivity to hot, cold, light and even touch.   She is devastated as daily activities she took for granted like cleaning, showering and even moving her limbs become more and more difficult.  She suffers debilitating pain and is forced to take stronger and stronger medications to function.  She can no longer work and has to rely on family members to do many tasks for her.

The name for this devastating condition is Complex Regional Pain Syndrome (CRPS) formerly known as Reflex Sympathetic Dystrophy (RSD).  Symptoms vary but may include:

• Severe burning  pain
• Pathological changes to the skin, hair and bones (such as early osteoporosis)
• Tissue swelling
• Extreme sensitivity to touch
• Muscle stiffness, weakness, or atrophy secondary to severe pain

Complex Regional Pain Syndrome can occur after relatively mild injuries such as whiplash or a sprain.   Unfortunately, the mild nature of the accident or injuries often makes getting help difficult as family, friends and even some doctors may believe the victim is putting on an act or exaggerating the symptoms.   Insurance companies use this to their advantage hiring their own doctors to cast doubt on a victim’s credibility.

At the Law Offices of James Morris we believe you.  We have seen the tragic effects CRPS can have on a person’s life and we have fought insurance companies who claim the initial injury was too mild to result in such pain.  We have made them pay for the terrible pain and suffering our clients have endured.
If you or a loved one is suffering with CRPS after an accident, I urge you to call the Law Offices of James Morris.  We will fight on your side to get you the settlement you deserve.  We have the experience, dedication and resources to help you through this difficult time.
For more information on CRPS please see the following links:

UW Health

RSDS

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Today we will look at (the last) five of the most common mistakes. The first five medical mistakes can be found here on our blog – Top Medical Mistakes – Part 1.

Mistake #6 – Air bubbles in the blood – When medical staff remove a chest tube, it is important that they seal the insertion point. If not, air bubbles can get sucked into the open wound and cause a disruption in blood supply to the lungs, heart, kidneys and/or brain. Left untreated this condition can be fatal. CNN suggests, if you have a chest tube as part of medical treatment, ask medical personnel how you should be positioned when they remove your chest tube. This will increase the odds that the procedure goes smoothly.

Mistake #7 – Operating in the wrong place – This mistake happens with a patient’s chart is incorrect, is misread or is obscured in the operating room. This can lead surgeons to cut into the wrong site on the body leading to a number of potential complications. The CNN article suggests checking with your nurse and surgeon that the surgery is going to be performed on the correct site on the body.

Mistake #8 – Inadvertent Infection – Cleanliness is imperative in the operating room. When doctors and nurses don’t properly wash their hands they can spread infections to patients. This can be especially dangerous to a patient with a compromised immune system. In extreme cases patients can die from this mistake. The article suggests asking doctors and hospital personnel whether they have washed their hands prior to them treating you.

Mistake #9 – Mistaken tubes – There are a number of different tubes used in different patient treatments. If hospital personnel mixes a chest tube and a feeding tube up, there can be serious complications. Medicine meant for the stomach can end up in the chest or vice versa. CNN’s suggestion is to ask staff to trace a tube back to the source so that mix-ups are avoided.

Mistake #10 – Waking up during surgery – Anesthetic dosage is specific to each patient. An overdose can cause problems and an underdose can cause a patient to wake up during surgery. In this case the brain is often awake when the muscles remain paralyzed. The patient can feel the surgeon cutting and prodding. The article suggests discussing your anesthetic options prior to surgery. A local anesthetic may be a better option.

Medical mistakes are tragic and can cause long term problems for affected patients. If you ever find yourself a victim of one of these indiscretions contact the Law Offices of James Morris immediately. We have valuable experience in medical malpractice lawsuits, and will give you the personal support that you deserve.

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Today we will look at the first five of the common medical mistakes. Check back later to get Part #2 of this post containing the rest of the list.

Mistake #1 – Treating the wrong patient – Occasionally, at a busy hospital, staff fails to verify a patient’s identity. This can lead to severe complications. CNN suggests that a patient (or accompanying friends or family) verifies that hospital staff checks the entire name, date of birth and any hospital identification (wristband, etc.) of the patient before any procedure.

Mistake #2 – Surgical tools left behind – If surgical staff fails to keep track of the equipment used in an operation or procedure, it can lead to tools/equipment being left inside a patient. CNN’s suggestion is to immediately contact hospital staff if you are experiencing any unexpected pain, swelling or fever after an operation. This won’t prevent the complication, but it will help ensure that you take care of the problem as soon as possible.

Mistake #3 – Wandering patients – Patients who are disoriented, or who suffer from dementia are prone to wandering. They can find their way out of their hospital room, or the building. Once a disoriented patient is out on their own they are at risk of being trapped, lost leading to hypothermia and dehydration. CNN’s suggestion for prevention; obtain a GPS tracking bracelet, and you will always know the whereabouts of your loved one.

Mistake #4 – Imposter Doctors – Unlicensed and disreputable medical personnel lack the proper training and background to properly treat a patient’s ailments. Con-artists impersonating doctors will ‘play the part’ to make a quick buck. Their treatments often backfire. Instead of healing a patient they cause further harm. CNN recommends that a patient confirms online that their doctor is a licensed and reputable professional.

Mistake #5 – Long waits in the ER – Overcrowded emergency rooms leave injured patients to wait for long periods of time. In some cases, these extended wait times lead to more severe medical complications. To combat these wait times CNN suggests calling your personal doctor. If your condition warrants, your doctor will call ahead to the emergency room paving your way to necessary medical care.

Medical mistakes are tragic and can cause long term problems for affected patients. If you ever find yourself a victim of one of these indiscretions contact the Law Offices of James Morris immediately. We have valuable experience in medical malpractice lawsuits, and will give you the personal support that you deserve.

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To combat these continually rising numbers, several car companies are implementing collision avoidance systems. These systems rely on a series of sensors located in both the front and rear end of the vehicle to alert the driver when he or she approaches external objects like nearby cars, parking ramp walls, or light poles. More intuitively, certain systems notify drivers that they must reduce their speed around upcoming turns and by how much to do so.

A real-world example of a collision avoidance system in action applies to a driver attempting to switch lanes. With the system intact, if a driver tries to prod his way into the left lane without noticing the large semi in his blind spot, the avoidance system belts out a word of caution alerting the driver of the nearby vehicle, thus preventing a potentially serious or fatal car crash. In certain brands, the car will actually swerve itself in the opposite direction to prevent the unsafe lane change.

Though many companies now include this technology in their vehicles, Swedish car manufacturer Volvo is at the forefront. Not only does Volvo’s system alert a driver if he or she is nearing a vehicle, but it also enables the car to slam on the brakes if the driver does not do so. Take a look at the video below to see Volvo’s collision avoidance system in action.

What most people fail to realize is that, under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulation of 1995, employers are required to report all accidents in the workplace regardless of the incident’s severity. For this reason, it is imperative that employees do their part in recognizing when workplace accidents occur and properly recording them for employer review.  This requirement extends beyond the realm of erroneous human behavior to include spread of diseases and illnesses as well. Employees and employers should take every measure possible to prevent workplace accidents. The list below provides four preventive measures to take in every workplace:

1. Safety Training for New and Current Employees: As part of orientation, all employers should enforce a rigorous safety training session to assure that employees know what to do if a workplace accident occurs.
2. Ongoing Safety Education: an initial safety orientation is a good start, but continuing safety education in the workplace at regular intervals can save employers thousands of dollars in the long run if a workplace accident were to occur. Monthly safety meetings, bulletin board reminders and occasional informational video sessions are all good ways of continuing an employee’s safety education.
3. Provide Necessary Safety Equipment: easily the most obvious point on the list, but also the most important. Without necessary safety and first-aid equipment readily available, an accident in the workplace can go from bad to worse in minutes. Essential safety protection includes eye goggles, adhesive bandages and ear plugs.
4. Proper Training for Specialized Machinery: if your organization uses any sort of occupational-specific machinery, necessary training in machinery function should be given to all employees who will use it. This sort of training should not occur on the job, but rather before the employee begins work.

When word first broke on campus that a gunman opened fire on his classmates, university police dismissed him as a jealous boyfriend posing no further threat to the student population, or so the prosecutors lead jurors to believe. Despite yielding both .22 caliber semi-automatic and 9 mm handguns, the prosecution provided evidence that university police waited two and half hours before responding to the first shots on campus according to the Washington Post. Once a response was finally set in motion, the police pursued the wrong suspect, allowing the gunman to chain-lock the doors of Norris Hall and continue his massacre.

In a case like this, it’s difficult for a wrongful death attorney to establish responsibility or determine who was negligent  due to the complexity of the situation. But grieving parents need some sense of closure in directing blame for the death of their child. Since the gunman was unable to stand trial, the parents attorneys attempted to prove the elements of negligence in the university police’s error in judgment and response.

At James Morris Law, in wrongful death situations involving car accidents,  construction accidents or other types of negligent cases, it is our job to bring justice to those who’ve lost a loved one. If you’re in need of a buffalo personal injury lawyer, or buffalo wrongful death lawyer  call James Morris Law today, 716-855-1118.

Many distractions incorporate any or all of these types causing both sensory and mental distractions. The GHSA used these distractions as criteria for their study to determine when drivers were considered distracted. Now that you know what constitutes distracted driving, here are some of the most startling distracted driving statistics from the GHSA’s report (view the full report here: Distracted Driving: What Research Shows and What States Can Do)

1. Drivers are distracted up to 50% of the time while driving: based on observations of over 100 different drivers, drivers engaged in a secondary activity 25%-50% of the time. More specifically, evidence showed that two-thirds of all drivers surveyed reported cellphone use while driving
2. Fifteen to thirty percent of all crashes involve at least one distracted driver: this proportion may be even greater due to restrictions in generating data.
3. One eighth of all drivers admitted to texting and driving: the study also suggested that texting is likely to increase crash risk more so than traditional cell phone use.

Due your part to stop preventable car accidents by shutting out distractions while driving. Should you fall victim to a distracted driver, contact a buffalo lawyer from a law firm with over 100 years of combined personal injury compensation experience. Call James Morris Law, 716-855-1118.

Source: TotalInjury.com

1. Teens are more likely to speed: In 2005, 37% of fatal car crashes involving 15-20 year olds were due to speeding. The presence of male teenage passengers increases this likelihood according to a study on the observed effects of teenage passengers on the risky driving behavior of teenage drivers.

2. Teens have the lowest rate of seatbelt use: a 2005 study confirmed that roughly 10% of teens admitted to rarely or never wearing a seat-belt, that percentage was even higher for male participants.

3. Teens are more likely to be in an accident at any BAC level: the CDC confirms that any elevated level of blood alcohol puts teens at a greater risk of a car accident than the rest of the population. Twenty-five percent of drivers age 15-20 who died in a car accident in 2008 had BAC levels of .08 or higher.

4. Teens are more likely to be in a car accident on the weekend: A 2008 study found that 56% of teenage fatal car accidents occurred on Friday, Saturday or Sunday.

Fortunately, there is hope for teen drivers. Research suggests that 16-year-olds who enrolled in comprehensive graduated drivers licensing (GDL) programs slashed their risk of getting in an automobile accident by as much as 40%. An automobile accident can strike anyone at any time, not just teens. Should you, a child or a friend need a car accident attorney, call an attorney in buffalo from a law firm with over 100 years of combined personal injury experience. Call James Morris Law, 716-855-1118.