One out-of-state car accident will certainly interest Pittsburgh, Pennsylvania residents, as it is not only uplifting, but odd and mysterious as well.
]]> A California man got into a single-car wreck on May 8, getting out of his car and wandering off when the crash was over. Witnesses confirmed that the 25-year-old survived the crash and had walked off.When law enforcement reached the scene though, the man was nowhere to be found. They searched the brush near the highway for about an hour without finding the 25-year-old. But he didn't find his way back home either -- he was reported missing by his family two days later.
Was he afraid of being punished for the accident? Did he go off and hide to avoid the authorities? Or did something worse happen? As it turns out, it was none of the above.
The man was there, in the brush by his accident -- but in a place that the police seemingly didn't check and was impossible to see from the road. Seven days after the wreck, the 25-year-old was discovered and immediately rushed to the hospital. He had no food or water for a week, yet managed to survive. "The word is miraculous," said one police officer.
How did the police fail to find the man? And what happened during the 25-year-old's week-long disappearance? That will have to wait for when he recovers from the wreck (he was unresponsive while in "critical but stable" condition at the hospital). Meanwhile, the criticism for the police's search will surely gain steam.
Source: KTVU, "Missing SJ man found miraculously alive a week after car crash," May 16, 2012
]]>But these hybrid vehicles can be dangerous. They are big, unwieldy contraptions that can cause serious car accidents or, in an unfortunate case in Philadelphia, Pennsylvania, a fatal boat accident. The circumstances of the accident indicate negligence, and that could lead to claims of wrongful death.
]]> A 16-year-old and a 20-year-old lost their lives when a "Ride the Ducks" boat broke down, stranding it in the water before it was struck by a shipping vessel that was being guided by a K-Sea tug boat. The families of the deceased are suing both Ride the Ducks and K-Sea; they allege that there were unclear safety policies to protect riders in a dangerous situation, and ineffective training and procedures to prevent such an accident.There are a few details about the story that driver home the negligence angle in this story. First, the tug boat operator pleaded guilty to his involvement in the crash late last year, resulting in a year-long prison sentence.
Second, K-Sea alleges that the operator had a family-related emergency that caused him to "meltdown." He must have left his command post because K-Sea says the operator did not follow protocol (which would have been to alert the Coast Guard of his personal crisis), nor did he have the radio volume high enough to be able to hear any distress calls.
Third, the Ride the Ducks vehicle lost power when it stalled out in the river. The vehicle's radio and air horn were not working due to this loss of power -- but it is alleged that the vehicle was designed this way seemingly on purpose. Without power, the desperate boat could not alarm the oncoming tug boat and accompanying vessel.
It sounds like there is plenty of fault to go around and that both boat companies are culpable and liable for the needless loss of life in this boating accident.
Source: Associated Press, "Video, witness describe fatal Philly river crash," Joann Loviglio, May 7, 2012
]]>The sad reality is that this is not always the case. A birth injury can turn that joyous moment into a devastating and unfortunate moment. For one Pennsylvania woman, a poorly performed C-section caused her son to suffer a brain injury -- a fact that was acknowledged by a federal jury which awarded a staggering figure to the mother.
]]> Now a 3-year-old, the boy will likely live with the effects of the brain damage for the rest of his life.When the C-section was performed, the obstetrician on hand believed that the boy was dead before birth, delaying proceedings for a painful 81 minutes. Making things worse, doctors brought in "outdated, insensitive and poorly maintained equipment" to perform an ultrasound on the woman to come to this theory.
Thought specifics were not provided, the woman's suit alleged negligence and said that, as a result of the birth injury, the 3-year-old's brain was damaged. A federal jury agreed, granting $78.5 million to the woman.
Given the sensitive and tragic nature of the story, it is interesting that hospital representatives declared it was "disappointed" with the ruling and that they would appeal the decision. It would seem the incident is justified by the pain and suffering dealt to both the mother and her son -- let alone the emotional toll of having such a happy moment forever tarnished by a hospital's negligence.
Source: Claims Journal, "Jury Awards $78.5M in C-Section Suit in Pennsylvania," May 7, 2012
]]>Because of this saturation, it is easy to become desensitized to how serious the circumstances are for a victim in a situation that is tragic by nature. Specifically with medical malpractice cases, some people may just glance over a victim's plight -- which may include disfigurement, paralysis or fatal conditions - without actually considering how impactful the side-effects of misdiagnosis or wrongful treatment can be.
]]> Imagine for a moment that you go to the doctor because you have had a persistent and painful headache. The expectation is that he would diagnose you properly, making sure that a worst-case scenario is avoided, and then give you the necessary treatment to cure your ailment.That is not what happened to a Colorado woman who complained of severe, sharp head pain. Her blood pressure was also very high, but the doctor classified her headache as a migraine. She was given some painkillers and sent on her way. She probably thought things were going to be fine.
Her "migraine" turned out to be a brain hemorrhage -- the resulting bleeding on the brain caused a stroke, which left her completed paralyzed. After lots of hard work and rehabilitation, she regained feeling in the left side of her body. Her right side remains paralyzed.
She filed a medical malpractice suit and won a $3.9 million award for the misdiagnosis that changed her life.
The victim of medical malpractice carries a heavy physical and emotional burden, especially if the injuries are serious. They are no longer able to do the things they normally do, and even if they can, they are often much more difficult. Complications from a botched medical procedure also affect the people around the victim. "They just had to grow up quickly," the woman in this story said, in reference to her kids having to take care of her due to the paralysis.
The award from a medical malpractice suit is nothing compared to the permanent harm that can afflict the victim in the claim, but the small sense of justice -- and the financial help -- can help get a person back on the right track.
Source: Coloradoan.com, "Fort Collins woman wins $3.9M malpractice suit against former PVH doctor," Robert Allen, April 20, 2012
]]>But there is a far more common kind of reckless driving that may even be more dangerous. Drivers are obligated to turn on their turn signal when changing lanes or making a left or right at an intersection. When they don't, the lack of a flashing turn signal can cause tremendous confusion for other drivers who are not expecting a nearby vehicle to suddenly change course.
]]> According to a new study that is "the first of its kind" (as labeled by the study's lead author), when a car changes lane, 48% of the time the driver does not properly notify other drivers with a turn signal. In addition, 25% of the time a driver does not use his or her signal when turning at an intersection.The Society of Automotive Engineers performed the study and says those percentages lead to roughly 2 million car accidents per year, more than double the estimated 950,000 per year attributed to distracted driving.
Failing to use the turn signal has become an irresponsible epidemic for drivers. Such an easy action, like flicking your wrist to activate your turn signal, could prevent a car accident and save someone's life. While texting behind the wheel and distracted driving grab the headlines, the pervasive failure of drivers to obey a basic rule of the road is unnerving, and until someone takes a stand or the authorities place an emphasis on the traffic violation, there will be unfortunate and entirely-preventable accidents that alter people's lives.
Source: MSNBC, "Turn signal neglect a real danger, study shows," Paul A. Einstein, May 1, 2012
]]>Such an incident may be traumatic, but it doesn't have to be helpless. For the victimized party (and their loved ones), a variety of lawsuits can ensure the irresponsible party is held liable for their negligence. Depending on the circumstances, it could be a personal injury, medical malpractice or wrongful death suit.
]]> An unfortunate case in Chicago has circumstances that are a combination of those last two suits. A newborn child survived his premature birth for more than a month. He may have even lived beyond that had the hospital pharmacy not given him a catastrophic diagnosis of sodium chloride. Instead of getting his safe and appropriate dosage, the prescription was 60 times stronger than what doctors had recommended.Given to the newborn after heart surgery, the heavy dose of sodium chloride sent the child into cardiac arrest and he died shortly thereafter. His mother and father filed a wrongful death suit against the hospital and they settled for $8.25 million.
The hospital apparently admitted their mistakes, and after an investigation into the matter, the hospital determined that a member of their medical staff incorrectly entered information into an IV mixing machine which ultimately delivered the fatal dose to the newborn.
Source: Chicago Sun-Times, "Couple whose baby died from wrong IV dose gets $8.25 million," Dan Rozek, April 5, 2012
]]>The movement by PennDOT is designed to make drivers aware of the car accident risk posed by distracted driving in general. Taking your eyes off the road even for a few seconds to chat with a friend in the back seat or to search through your take-out lunch dramatically increases your chances of getting into a car accident. But, "Just Dive PA" certainly is focused on the prominent texting and cell phone aspect of distracted driving.
]]> "Driving is a serious business that requires a driver's complete and full attention," said a PennDOT official, who added that "distractions, driving impaired and other unsafe driving behaviors have no place on our roadways.""Remember -- when you're behind the wheel, your biggest and only responsibility is to focus on safe driving," the PennDOT official. His organization believes that there were more than 14,200 car accidents in the state last year where a person was distracted behind the wheel. At a rate greater than one death per week, 58 people died in those distracted accidents.
"Just Drive PA" is not a law; more a public service announcement that, in combination with Pennsylvania's new texting while driving ban, shows how serious the issue is here in the Keystone state. A distracted driver is a negligent driver, and with the act being involved in hundreds of thousands of accidents every year, many drivers may be choosing to accept liability in a crash if they reach for their cell phone to type out a text.
Source: Sacramento Bee, "PennDOT Launches New Safety Effort, Highlights Distracted Driving," April 17, 2012
]]>The law is supposed to cut back on car accidents in the state, and while the evidence against texting while driving shows the act is a significant risk behind the wheel, only 31 tickets have been written state-wide since the law was enacted.
]]> Why the low ticket rate if texting while driving is such an issue? Officers believe that though the intentions of the law are good, it has flaws. First, the law does permit a driver to dial someone's number to make a call (phone calls are also allowed). How does a patrolman supposed to discern when a driver is writing a text or dialing a friend to make a call?Another issue with the law involves a combination of effects. Since many drivers text with their phone in their lap, it is hard for officers to confirm whether a driver is indeed texting. In addition, violations of the ban only apply when the car is moving, meaning that a driver can text when at a stop sign, red light or in a parked position.
The result is that when Pennsylvania authorities suspect a driver is texting, by the time they catch up to the person and confirm the offense, the violator's vehicle has usually stopped.
Law enforcement cannot seize or search a person's phone to confirm any possible texting as well. However, if you have been involved in a car accident and the other person was texting, their phone records can be revealed if you bring legal action against the at-fault party.
Source: York Daily Record, "Texting while driving law tough to enforce," Teresa Ann Boeckel, April 21, 2012
]]>Texting while driving causes erratic and reckless driving, and though banning the negligent act may sound like a good step, it doesn't prevent someone who is truly compelled to send a text message. That may have been the case in a fatal car accident in Pittsburgh earlier this week.
]]> A 46-year-old man was driving his truck at night when he tried to grab his cell phone, according to police. His truck immediately swerved into oncoming traffic and swiped a car and then crashed into another vehicle.Two people were in the second vehicle that was hit and they suffered very serious injuries that required them to be airlifted to a local hospital. They were both listed in critical condition but one of them, a 69-year-old man, died soon after arriving.
These types of accidents are all too common across the country, and though texting while driving bans are in place, the fact is people are still negligently picking up their phones and taking their eyes off the road. Under these bans, reckless drivers can be held liable in a car accident - a small bit of justice that many victims can seek for the pain and suffering done to them in a reckless car accident.
Source: Pittsburgh Tribune-Review, "Man dies from injuries in New Kensington crash," Chuck Biedka, April 20, 2012
]]>During the heart of the storm on Feb. 6, 2010, a Pittsburgh man complained of severe stomach pain. He and his girlfriend called 911, but emergency responders never arrived. They called again -- still no ambulance. In fact, after 10 attempts (and roughly 30 hours) to get an ambulance to him, emergency responders weren't even able to get within a quarter-mile of the man due to the snow. He died the next morning, and his family has filed a wrongful death claim against the city.
]]> Often times in wrongful death cases, the victim's family and loved ones are so grief-stricken that they do not realize the importance of a complete and thorough investigation of the fatal incident. This ensures the evidence involved in the case is properly compiled and readily available to establish the facts of the case.This family has gone about obtaining witnesses of the account and preparing their case, and some reactions by the city of Pittsburgh lend blame on their behalf. One crew chief was fired because of the incident; and another was punished, along with two district chiefs.
There was also plenty of criticism to go around, as city officials faulted paramedics for not trying hard enough to get to the man. Mayor Luke Ravenstahl's storm planning has also been criticized, but after initially agreeing to speak during the family's wrongful death claim, he has since rescinded.
Source: Pittsburgh Post-Gazette, "Dispute over snowstorm deposition of Ravenstahl costs city $1,000," Joe Smydo, March 29, 2012
]]>Drivers need to give a biker at least four feet of room when passing them (and if they cannot safely perform the pass, a driver must wait until the other lane is free of cars while also giving the biker the required buffer). It also bans the "right hook," a term bicyclists use to describe a car that swerves in front of a biker to make a right hand turn. Violators will be hit with a $25 fine
]]> The law isn't just directed at drivers, though. Bicyclists must be in the right lane at all times (unless making a left turn, in which case they are allowed to change lanes) or stay "as close as practicable" to the right curb or lane. The caveat to this measure is when road debris, hazards or other vehicles obstruct the biker.Considering the tendency for some drivers to speed around bikers -- angrily, with the horn blaring -- lawmakers and avid bikers knew this law could create safer roads. But there are two interesting notes on this law.
First, there is a provision in the law that allows drivers to cross the center line to pass bikers. Could this lead to reckless passes on single-lane roads? And maybe most crucially - how does a driver know if they are giving a bicyclist four feet of space? They won't exactly be carrying around a tape measure, ordering their front passenger to hang out the window to assure they are giving the appropriate buffer.
Source: The Morning Call, "New Pennsylvania law on motorists' passing bicyclists goes into effect," Jon Schmitz, April 2, 2012
]]>In 1950, a Supreme Court decision ruled against a deceased military member's family that claimed the federal government was liable for his death in a bunker fire. The ruling created the "Feres Doctrine," which has withstood injury, death, and medical malpractice challenges over the years.
]]> The 23-year-old's case is one of the most serious and egregious examples of why the Feres Doctrine has caused such controversy. The young man volunteered to go overseas for the Air Force, but the military branch required him to have gallbladder surgery before being deployed.During the "minimally invasive" surgery, doctors unknowingly nicked the man's aorta -- causing substantial internal bleeding -- which resulted in total loss of blood flow to the 23-year-old's legs. Nine hours later, the medical staff on hand realized the error. They had to remove his legs to save his life.
Active military members receive various forms of insurance and compensation for any injuries they sustain, including pensions and disability benefits. Since the Feres Doctrine considers any injuries -- may they be serious, fatal or otherwise -- suffered while on active duty "incident to military service," active servicemen cannot seek added compensatory measures from the government, such as through a medical malpractice suit.
The 23-year-old is seeking more than $34 million in the suit for a host of reasons, including mental anguish, loss of earning capacity and disfigurement. His wife is seeking more than $20 million through the suit, citing loss of a normal relationship with her husband.
Source: Fort Worth Star-Telegram, "Former airman sues U.S. after losing legs to botched surgery," Chris Vaughn, April 1, 2012
]]>Speeding is the cause of many crashes, whether the collision involves cars, trucks, buses or any vehicle. Surpassing the speed limit presents a danger to others on the road, and, if proven, that recklessness makes a driver liable in any accident. For truck drivers, speeding is arguably more dangerous than for other vehicle operators, as the sheer size and force of a truck can cause serious accidents.
]]> To that point, new data has been released by the Federal Motor Carrier Safety Administration regarding the use of a speed regulation device that keeps a truck from surpassing certain speed levels. The study was implemented from 2007 to 2009 on 20 different truck carriers, and it found that trucks without a speed regulation device got into more accidents than trucks with the equipment installed.The difference in crash rates was stark -- trucks without speed regulation devices got into 16.4 accidents per 100 trucks per year, while that same rate was only 11 for trucks that had the regulatory equipment.
American Trucking Associations has been trying to get the devices implemented on a widespread basis for the past six years. The organization's president was happy with the results of the report. "This study strengthens ATA's case and we call on both agencies to swiftly move forward with rulemakings to ensure that these devices are required on as many trucks as possible," he said.
Source: Truckinginfo.com, "New Study Finds Safety Benefits of Limiting Truck Speeds," Mar. 29, 2012
]]>A recent study released in the medical journal Archives of Surgery shows that 14% of male surgeons and 26% of female surgeons have an alcohol dependency issue. All told, nearly 7,200 surgeons responded to researchers regarding alcohol use, and 1,112 qualified as a person with alcohol abuse or dependence. The jarring numbers have great implications on the legal side for negligence, especially concerning medical malpractice suits involving surgical errors.
]]> While the lead author in the survey urged that surgical errors are rare, the study stated that the alcohol dependency rate amongst surgeons presents a "significant problem [with] the potential to impair a surgeon's ability to practice with skill and safety."The risk posed by surgeons either under the influence of alcohol or still suffering from last night constitutes extreme negligence; and considering the delicate procedures surgeons have to perform, the use of any substance that affects their performance is unacceptable.
Along these lines, an inconclusive study was published in the same journal last year -- it showed that medical students or surgeons that were "hung-over" made more than double the errors of their sober counterparts.
Surgical errors can forever change a person's life -- someone could be serious injured or permanently affected by such a mistake, and that can cause pain and suffering for both the patient and his or her family.
A suit involving this charge takes time, resources and effort to put together, but it is all worth it so that you earn the compensation and sense of justice that you deserve. Consult a qualified attorney with experience handling medical malpractice or surgical error cases.
Source: Medical Daily, "Survey Reveals that 15% of Surgeons Have Alcohol Dependency," Christine Hsu, Feb. 23, 2012
]]>In the case of a 29-year-old Pennsylvania man who was killed in a motorcycle accident, the crash scene investigation will play a large role in the legal recourse his family can take. The man was riding his motorcycle late at night when a vehicle driven by a 45-year-old man pulled in front of the 29-year-old, causing the collision.
]]> The 29-year-old was airlifted to a hospital to treat his injuries, but he died about 90 minutes after sustaining serious head injuries in the motorcycle accident. Officials are yet to declare how and why the crash occurred, but the Assistant District Attorney of Montgomery County stressed patience as local officials try to piece together the wreck."Whenever you have a case involving a fatal motor vehicle crash you have to look at the circumstances surrounding it," he said. "You have to look at whether there was any intoxication involved, the vehicle inspections and the surrounding area of the crash. They are all factors that go into whether someone will be charged with a crime."
A toxicology report of the 45-year-old is pending, which will go a long way in determining fault in the motorcycle accident.
Source: The Times Herald, "Memorial built for victim of fatal motorcycle crash," Carl Rotenberg, Mar. 28, 2012
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