Indiana Injury Law Blog

An entire range of children's products must now come with registration cards that will allow the manufacturer of the product to contact the parents in case of a recall. The rule is one of the provisions of the Consumer Product Safety Improvement Act of 2008, and went into effect this week.

The lack of a registration card has made it harder for manufacturers to send out recall information to parents as quickly as possible. The Consumer Product Safety Commission and manufacturers may announce a recall to the media, but very often, parents continue to remain unaware of recalls. With a product registration card, the company will have access to consumer information, and can contact them to inform them about a recall. This enhances the power of a recall, and increases parents response to a recall notice.

The cards will soon be required with a number of products including
• Play yards
• Cribs
• Toddler beds
• Swings
• Stationary activity centers
• Highchairs
• booster shares
• Bassinets
• Strollers
• Walkers
• Baby carriers
• Baby slings

The Consumer Product Safety Commission has failed to require such cards for all children's products. However, the National Highway Traffic Safety Administration has required product registration cards for child car safety seats for years now. That's the reason why child safety seat recalls have a better response rate than other recalls.

Indiana product liability attorneys, child safety groups and consumer advocates believe that extending the product registration card requirement to a larger number of children's products, will keep parents better informed and children safer. Parents are required to register the product with the manufacturer, and this will allow the company to immediately contact the parent if there's a recall.

Computerized Physician Order Entry systems are being introduced in more and more hospitals in order to streamline processes and reduce medication errors. However, according to a new Leapfrog report, these systems may actually miss approximately half of all routine medication orders, and approximately one in three of all potentially fatal medication orders.

Those results came out of a study that Leapfrog conducted to test how CPOE systems were able to detect errors. Leapfrog invited 214 hospitals to test their CPOE systems using a web simulation program it developed. The program showed that these systems missed an average of about 50% of routine medication orders and about a third of all potentially fatal orders. The tests were conducted between June of 2008 and January 2010.

According to Leapfrog, even though this was a simulated test, the results should be a warning to hospitals around the country that are using CPOE systems. In far too many hospitals, the systems are simply installed under the false belief that they will automatically catch medication errors and improve patient safety. The Leapfrog people are recommending that hospitals and CPOE vendors work together to ensure the continued effectiveness and efficacy of the CPOE systems.

However, the Leapfrog report also found that when the hospitals adjusted their protocols and processes, and then retested using the same simulation program, they saw a significant improvement in the performance of these systems. Leapfrog is recommending that every hospital that uses the systems include evaluation and testing as part of its overall quality control processes.

More hospitals are moving to install CPOE systems lured by the promise of federal financial assistance to hospitals that do so. Leapfrog is asking that federal legislation incorporate quality control monitoring of the systems in order to be eligible for financial aid.

The Indiana medical malpractice attorneys at Theodoros and Rooth represent injured victims of surgical errors, misdiagnoses, failure to diagnose, emergency room errors, medication errors and other forms of medical malpractice around Indiana.

A new study indicates that black patients may be more likely to develop deadly hospital-acquired bloodstream infections like sepsis, than people of other races. Not only are black patients more vulnerable to the development of such infections, but they're also more likely to die from these.

Sepsis is a common bloodstream infection that's picked up at hospitals. These usually occur as a result of central line infections when proper sterility procedures are not maintained. Central lines are used to deliver nutrients and medicines quicker to a patient. This also means that when the lines are contaminated, infections also set in much quicker. Once the infection sets in, it leads to the formation of blood clots that restrict the flow of blood to the organs. Organ failure, and ultimately death, can result.

Scientists at the University Of Pittsburgh looked at hospital discharge data from seven different states, as well as emergency department visits between 2003 and 2007 from the National Ambulatory Care Survey. They found that out of a total of 8.6 million hospitalizations during this period of time, there were more than 2.2 million infections. Of these, 17% resulted in organ failure, which is often seen as a result of sepsis infections.

The researchers noted that black patients seemed to be at a 67% percent higher risk of sepsis hospitalizations, compared to non-Hispanic whites. Among blacks, the incidence of sepsis hospitalizations was about 9.4 per 1,000 persons. For whites, it was just 5.6 for every 1,000 persons. The survey also found that black patients had an 80% higher chance of dying from such infections.

So, what is causing this disproportionate rate of deadly sepsis infections in the black population? The researchers believe that black patients have higher incidences of diabetes and chronic kidney disease, both of which contribute to the development of sepsis. Other studies have indicated that black patients are more at risk for general infections, which increases their vulnerability to sepsis.

The researchers are recommending better management of diabetes and kidney disease in black patients, as well as better infection control, to reduce their sepsis risk.

TheIndiana medical malpractice lawyers at Theodoros and Rooth represent injured victims of misdiagnosis, failure to diagnose, emergency room errors, surgical room errors and other forms of medical malpractice around Indiana.

Last week, a group of Italian and American researchers unveiled a dramatic discovery at a conference in Australia. The group had used stem cells from mice hair follicles in order to treat spinal cord injury in mice. The results were very encouraging. Mice with spinal cord injury were able to regain movement after being given the stem cell transplants.

Researchers presented a video at the conference which showed a mouse with spinal cord injury regaining movement in its limbs, after receiving stem cell transplants from its hair follicles. The researchers are hailing this as a major breakthrough in the treatment of spinal cord injury using stem cell therapy.

There is hope that such therapy may also be used in humans with great success. The mice were treated with similar stem cells that were found in human hair follicles, and even these cell therapies were found to be equally beneficial. Researchers believe that there is enough reason to hope this stem cell therapy will benefit humans too.

Approximately, a quarter million Americans live with spinal cord injury. These occur most often in auto, truck and motorcycle accidents. In fact, auto accidents are the number one cause of spinal cord injury in the United States. However, these can also occur during slip and fall accidents, or as a result of violent assaults. Treatment for spinal cord injury has been painstakingly slow to develop, although advances in stem cell therapies hold much promise for Indiana personal injury lawyers.

Spinal cord injuries often leave their victims with one of two conditions - paraplegia and quadriplegia. A paraplegic will only have control over the lower limbs of his body, whereas a quadriplegic will have loss of movement in both upper and lower limbs. For many of these persons, the search for an effective and long-term cure, is elusive. The only hope comes from the use of stem cell transplants to rejuvenate and repair damaged nerve and tissue.

The next generation of hospital cleaning products could come from a prominent feature in your living room. Researchers in the UK have managed to convert compounds commonly found in LCD television sets, into antimicrobials that can kill common germs and organisms found in hospitals.

Scientists at the York Green Chemistry Center of Excellence at the University Of York Department Of Chemistry have found that when PVA of LCD TVs is cooled, and then dehydrated with ethanol, it produces a high surface area mesophorous material. This material can be used to great effect in biomedicine. When the researchers added silver nanoparticles, it enhanced the material’s antimicrobial properties. The resulting material was found to be strong enough to attack bacteria.

These silver nanoparticles can be used in hospitals and other settings that see substantial microbial activity. The compound has been found to be effective at destroying organisms that are commonly found in hospitals, like Staphylococcus aureu and Escherichia coli. The researchers now plan to compare the dehydrated PVA substance with commercial cleaning compounds in order to determine the effectiveness of the substance in attacking germs. They will then move on to seek regulatory approval.

What makes this research even more intriguing is the fact that there will be no shortage of affordable raw material for these compounds. LCDs are expected to be the fastest-growing electronic waste in the Western world, and in Europe alone, it is estimated that approximately 2.5 billion LCDs are nearing the end of their life. That means there will be plenty of raw material to manufacture anti-bacterial compounds.

The Indiana medical malpractice lawyers at Theodoros and Rooth represent victims of misdiagnosis, failure to diagnose, emergency room errors, surgical room errors and other forms of medical malpractice around Indiana.

Earlier this month, the Seventh Circuit Court ruled that a stay on a medical malpractice case involving Indiana ear, nose and throat surgeon Mark Weinberger, would be lifted.

Weinberger is facing more than 300 medical malpractice claims. In fact, the Indiana medical malpractice attorneys at Theodoros and Rooth are representing several clients who were injured by the doctor's negligence. His medical insurance provider, Medical Assurance Company has been conducting Weinberger's defense in all these medical malpractice claims.
In 2004, Weinberger disappeared, and was found five years later in December 2009 in the Italian Alps.

During Weinberger's disappearance, Medical Assurance Company petitioned the Northern Illinois District Court with an injunction that would relieve it of its responsibility to defend the doctor in his medical practice claims. The company based this injunction on what it alleged, was a breach of its policies that requires cooperation between the insurance company and the insured party. This clause provides for denial of coverage to an insured party that does not comply with legal proceedings.

That court issued a stay at least until the medical malpractice claims against Weinberger were resolved. However, the Seventh Circuit Court has now ordered the removal of the stay. The seventh Circuit Court has said that the district court exceeded its legal discretion in ordering the stay. The case has now been remanded to the District Court. Medical Insurance Company will now have to show that the doctor’s disappearance and his absence from medical malpractice hearings contributed to the actual prejudice.

The Indiana medical malpractice lawyers at Theodoros and Rooth represent injured victims of medical malpractice, including emergency room errors, surgical errors, failure to diagnose, medication errors, misdiagnosis and other forms of medical malpractice across Indiana.

After a ban on texting while driving for truck drivers, the Federal Motor Carrier Safety Administration is likely to turn its attention next to the other distractions that plague truckers while driving. According to sources within the agency, the agency will look into the use of dispatch systems and CB radios by truck drivers and how much these distract truck drivers. These distractions will also go the way of texting, if the feds have their way.

Of course, any ban on the use of these systems will have to depend on how such a ban would affect trucking processes. The FMCSA does not want to hinder communication between truck drivers and the company, but it wants to minimize the kind of distractions that truck drivers are exposed to while driving.

An Indiana truck accident lawyers, we would also call for restrictions on the increasing use of computers by truck drivers these days. These computers are mounted on the dashboard of the trucks, and are used by truck drivers for a number of purposes. They help truckers stay in contact with the office, receive new dispatches and orders, and route directions. Truckers can log on to check e-mail, or to surf the Internet.

The trucking industry says that these computers have made trucking processes a lot easier, simpler and more efficient. While that may be true, these also increase the risk of truck accidents. Trucking companies recommend that their drivers never use computers while they are driving. If a truck driver needs to use a computer, he must pull over before he logs on.
However, just about any Indiana truck accident attorney will tell you that that is not always possible. Truckers are very often guilty of using these computers while driving, and this poses a serious risk to other motorists around.

A vast majority of all surgical procedures that are currently being performed in the US, are performed at ambulatory surgical centers or outpatient surgical centers. These centers are ideal for those patients who need to have a small procedure performed, but would rather not have the delays and formalities involved in an overnight hospital stay. In an outpatient surgical center, the procedure is performed and the patient is out of the hospital within 24 hours. Considering how many patients visit these surgical centers every month, it was very disturbing for Indiana medical malpractice lawyers to learn of a new report that shows that infection control standards at these centers, are disturbingly low.

The Centers for Disease Control and Prevention conducted a review of approximately 68 ambulatory surgical centers situated in three states. 32 centers were situated in Maryland, 16 were in North Carolina and 20 in the state of Oklahoma. The researchers focused on five separate areas to measure compliance rates. They looked at hand hygiene, environmental cleaning, equipment reprocessing, injection safety and medication handling and blood glucose monitoring equipment handling.

The researchers found that out of the 68 centers that were studied, 46 had lapses in at least one area. That makes it close to 68% of the centers with at least one lapse. 12 had lapses in three or more of these areas, making it approximately 18% of the facilities. Out of the 68 outpatient surgical centers, 39 centers went on to be cited for infection control lapses, while 20 went on to be cited for medication administration lapses.

The most common lapses were seen in failure to follow best practices for equipment reprocessing and handling of blood group glucose monitoring equipment, as well as the use of single dose medication vials for more than one patient.

We don't hear much about infection control at outpatient surgical centers, unless there's a major catastrophe like the one that occurred at a Las Vegas outpatient surgical center, which exposed thousands of patients to hepatitis and HIV. Hopefully, this report will lead to increased oversight of outpatient surgical centers to bring down these infection rates.

Huffington Post is drawing attention to the underlying risks as hospitals around the country embrace electronic medical record systems.

For years now, health safety groups have advocated a complete shift to electronic medical records. A system like this, it is believed and Indiana medical malpractice lawyers would agree, would substantially reduce the risk of human error contributing to patient fatalities. However, in far too many instances, there have been fatalities or serious medical injuries caused by the use of these systems.

The kinds of errors made, have differed greatly. In one particular instance, staff misread the fine print on a computer screen, and ended up dispensing more than 10 times the patient’s prescribed medication. As a result, the patient suffered a heart attack. In another instance, a patient died after there was a breakdown of the Computerized Provider Order Entry, which is a central function of the system.

There have been other reports of delayed information, misinformation, and delayed treatment linked to the use of electronic medical records, and with serious consequences. For instance, in one hospital, the computer failed to inform the staff that the patient had been shifted from the intensive care unit to a ward. Nurses were not aware of the patient’s presence in the ward, and failed to attend to him, even as he suffered seizures through the night.

Huffington Post’s Investigative Fund accessed data from the Food and Drug Administration, and found at least 237 reports of “adverse events” associated with the use of electronic medical records over the past two years. Most of these glitches resulted in wrong dosages of medications, while other software bugs delivered wrong test results.

What's worse is that these 237 events may be just the tip of the iceberg. Because the systems are so new, it's hard for hospitals to document how many of these errors have occurred. It doesn't help that the FDA lacks the resources necessary to ensure a smooth transition from paper records to electronic ones.

The federal administration is encouraging hospitals to speed up the shift from paper files to electronic records. The Obama administration is investing more than $27 billion in funding to encourage doctors and hospitals to phase in these systems. However, these funds will be available to those hospitals that can speed up the process of installing these systems. Critics believe that the system is being introduced far too quickly at many hospitals, and without sufficient staff training in the proper use of these systems.

As Indiana medical malpractice attorneys, we believe that speed in installing these systems without focusing on staff training, could actually end up causing more problems than they were meant to solve.

I never get used to the joy of helping victims of medical evidence received the justice they deserve. This week, a jury in Elkhart County awarded my clients a verdict of $1.2 million in total in the death of a woman from cancer.

Nicole Manhart had a Pap smear performed in February of 1998 at the South Bend Medical Foundation.. The smear was wrongly interpreted by technicians at the hospital, as normal. In 1999, Manhart began to suffer severe bleeding. She initially attributed the bleeding to the use of birth-control pills. However, when the bleeding continued even after the birth control pills had been changed, she went in for a medical examination. An ultrasound revealed that she had a large tumor. By the time, Manhart had discovered the tumor, it was already in the third stage. By 2000, Manhart was dead.

This week, an Elkhart County Superior Court jury awarded Manhart's husband and her twin sons total damages of $1.2 million. Her husband Grant Manhart was awarded $200,000, while her twin sons were awarded $500,000 each. The trial centered on whether staff at South Bend failed to read the Pap smear results accurately.

However, an independent medical review board confirmed that the smear slide showed the presence of cancerous and abnormal cells.

The Indiana medical malpractice lawyers at Theodoros and Rooth represent injured victims of medical negligence, including surgical errors, misdiagnoses, failure to diagnose and emergency room errors, in medical malpractice litigation.

If hospitals in Indiana and around the country have begun to feel the heat on their high infection rates, you have medical malpractice lawyers to thank for it. According to a government report released last week, there has been progress in this area, but some kinds of infections continued to increase.

According to the report by the Agency for Healthcare Research and Quality, infections like postoperative blood stream infections and urinary tract infections associated with the use of catheters, have risen over the past year. There was an 8% rise in the case of bloodstream infections. These are serious infections that can lead to a condition called sepsis, marked by high fever, shivering and seizures. There's also been an increase of 6% in catheter-related urinary tract infections in hospitals. Postoperative pneumonia rates were down by 4%, and rates of bloodstream infections caused by placing of catheters in central veins, were the same as the year before.

According to the Agency for Healthcare Research and Quality, progress in controlling hospital-acquired infection rates has been too slow. The problem has been in getting hospitals, doctors, nurses and other healthcare professionals to abandon their rigid approaches to infection control. Studies have shown that simple steps like hand hygiene, sterilization of equipment and use of checklists can prevent hospital-acquired infections. However, in many hospitals in Indiana and around the country, things are still done the way they were a decade ago.

This much is clear - If your hospital invests in sophisticated and aggressive new methods of infection control, you are less likely to have high infection rates in your facility, or come up against Indiana medical malpractice lawyers.

A study by the Insurance Institute for Highway Safety indicates that hundreds of motorcycle accident fatalities every year can be prevented if motorcycles come with antilock brakes. According to the study, the risk of being involved in a motorcycle accident decreases by 37% if the motorcycle is equipped with these antilock braking systems, compared to motorcycles that are not.

Those findings are corroborated by another analysis conducted by the Highway Loss Data Institute. This analysis showed that motorcycles that come equipped with antilock brakes had up to 22% fewer claims for damages, compared to motorcycles that did not come with these systems. Antilock brakes can reduce the risk of motorcycle crashes by releasing the brake pressure that can contribute to accidents when the motorcyclist applies the brakes. In motorcycles without antilock systems, braking can cause the wheels to lock, possibly contributing to a flip over with serious consequences.

The rising rate of motorcycle accident fatalities has been of concern to Indiana accident lawyers for a few years now. In 2008, the number of people killed in motorcycle accidents across the country crossed 5,000. That was the highest figure since the National Highway Traffic Safety Administration began recording such fatalities in 1975. This spike in motorcycle crash realities has continued even in spite of major strides made in controlling other highway accident fatality rates.

Helmet laws have helped prevent such accidents across several states. In Indiana however, motorcycle helmet laws only apply to motorcyclists below the age of 70. Approved helmets dramatically reduce the risk of the motorcyclist suffering a traumatic brain injury in an accident.

The Indiana auto accident attorneys at Theodoros and Rooth represent injured victims of car and motorcycle accidents, and help them recover rightful compensation for their losses.