Indiana Injury Law Blog

Every year, approximately 2 million people contract an infection in a hospital. These infections are the cause of approximately 100,000 deaths every year. There’s one fact that Indiana medical malpractice lawyers know when they come across cases of hospital infections - these are all preventable.

The Wall Street Journal has compiled a list of ten steps to prevent hospital infections. The list includes inputs from doctors, nurses, their health care providers, administrators, the Committee to Reduce Infection Deaths, and the Association for Professionals in Infection Control and Epidemiology. The list contains two parts - one for new technologies that promise great success in preventing infections, and the second part comprising basic simple tasks that don’t take much effort, but can dramatically cut down the risk of infection.

New Technologies
• An epidemiologist in Massachusetts has developed a florescent solution that can be sprayed in patients’ rooms after hospital cleaning crews have done their work, to check how many spots were missed. The fluorescent solution has helped increase cleanliness compliance rates from 44 percent to 77 percent.

• A John Hopkins team has developed a shower-like cubicle, containing a fogging mechanism that can be used to disinfect hospital equipment, including electro cardiogram wires.

• Computer software that can catch a sudden spike in a particular infection on one floor, can allow hospital authorities to zoom in on a potential source of infection. Staff can then take precautions to avoid a spread of the infection.

• Studies indicate that a mild antibacterial soap used for washing, can cut the risk of blood infections.

• Currently, 25 states require hospitals to report infection rates. That is a huge incentive for hospitals to take steps to cut down on their infection rates.

Basic Steps
• Hospital and staff must wash hands using alcohol-based hand sanitizers, and these must be available easily and readily.
• Checklists can be used to ensure that hygiene procedures are followed strictly.
• Hospitals have begun to develop portable kits that contain all equipment needed for simple procedures, like changing a dressing. This minimizes the possibility of errors.
• Cleaning patient mouths can prevent ventilator-associated pneumonia which often occurs in the ICU.
• Quick diagnostic testing allows hospitals to identify infections within hours, instead of waiting for days to see the results.

As Indiana truck accident lawyers, we have strongly opposed the rule allowing truckers to drive for up to 11 consecutive hours, increased from the earlier 10 hours. Now, the Federal Motor Carrier Safety Administration has agreed to revise the 11-hour trucking rule, and has promised to come up with a new rule for trucking hours within the next nine months.

There is no indication yet about what those new working hours will be, but as Indiana truck accident lawyers, we hope that the agency reverts back to the old 10-hour rules that were in place for 60 years before the former administration decided that truckers can do with one additional hour of pressure everyday.

Every year, thousands of truck accidents can be traced to tired, drowsy truckers, fatigued from too many hours spent on the job. Last week, we discussed how the NTSB is recommending sleep apnea screenings to reduce the risk of accidents. Dealing with trucker fatigue is an important part of reducing accident fatality rates, and setting lower maximum working hours for truckers is an important part of those efforts.

For the trucking industry, a rule that allows drivers to drive for one more hour makes strong economic sense. However, for the trucker himself, who is already under strong pressure to make more trips and deliveries in a 24-hour period, the strain can be enough to cause serious accidents. Profits for the trucking industry must not be allowed to take precedence over the safety of motorists and truck drivers.

We hope that the FMCSA will do the right thing here, and eliminate the additional one hour. Thousands of lives may depend on it.

A fiery truck accident last week ended in a massive explosion on the ramp from I-69 to I-456, leading to most lanes of I-465 being closed down. On Monday morning, most ramps were opened for traffic for the first time since the tanker explosion.

The accident occurred on Thursday at about 10:30 in the morning. A semi tanker loaded with liquid propane flipped over on the ramp, after the driver lost control of his rig. The tanker immediately caught fire. Fortunately, for the driver, witnesses at the scene were able to rush to the burning tanker, and pull him out through the windshield. The driver made it out of the tanker just seconds before the tanker exploded.

The explosion resulted in a massive fireball. Several vehicles nearby were damaged, and motorists were injured. Drivers in the vicinity were able to put their vehicles in reverse to avoid the spreading flames. At least one driver suffered second and third degree burns. The damage from the explosion was severe, and several billboards and even a cell phone tower, caught fire.

Meanwhile, Indiana Department of Transportation officials are still working on the strengthening the bridge, which sustained damage in the explosion. One of the support pillars of the bridge was knocked out, and has since been reconstructed.

Fortunately, there were no fatalities in this accident, but several people sustained serious burns, not to mention, survived a nightmarish experience. This accident is just one example of the huge dangers that can result when a commercial truck meets with an accident. Anytime an 18 wheeler or a semi truck crashes, the impact can be severe enough to send other drivers around the semi into a panic, often leading to multi vehicle crashes. As Indiana truck accident lawyers, we know that often, a tractor trailer may not even make contact with another vehicle, but still cause serious injuries. The impact of a tractor trailer tip over or a rig suddenly jackknifing on a busy highway, can be as devastating as a head-on collision.

The National Transportation Safety Board is finally making the kinds of recommendations that Indiana truck accident lawyers have been looking forward to.

The agency has sent letters to the Federal Motor Carrier Safety Administration, recommending screenings for sleep apnea in commercial truck drivers. The NTSB has also sent similar letters to the Coast Guard advising screenings for the disorder in merchant ship pilots, as well as the Federal Aviation Administration, and transit system agencies around the US.

Sleep apnea is a sleep disorder in which a person suffers from periods of breathing difficulties during sleep. These episodes of respiratory difficulties may occur just a few times in an hour, or as many as 30 times in 60 minutes. A person suffering from sleep apnea suffers from interrupted sleep, and as a consequence, feels listless and drowsy the next day.

A condition like this would be dangerous in any motorist, but is especially dangerous in commercial truck and bus drivers, who operate large and heavy vehicles. Fatigued drivers in fact, are linked to some of the deadliest truck accidents in the country every year. Sleep experts and Indiana truck accident attorneys have been aware that that sleep apnea is a major factor in driver fatigue, but we have been disappointed at the lack of serious attention paid to this problem. Now, the NTSB recommendation gives us hope that mandatory sleep apnea screenings for commercial truck drivers will soon be a reality.

Every year, more than 5,000 people are killed in truck accidents across the country. Last year, 136 people died in tractor trailer accidents in Indiana, many of these caused by drivers too tired and drowsy to focus on the road.

As Indiana truck accident lawyers, we believe that mandatory screenings for sleep apnea, combined with stricter enforcement of medical certification rules for truck drivers, can help lower those rates.

As Indiana nursing home abuse lawyers, we are concerned about the risk to residents of nursing homes because of impending cuts in Medicare funding to these facilities. In Indiana and elsewhere in the country, several nursing homes could stand to lose millions of dollars as Medicare payments continue to be slashed. Cuts of up to $1 billion to skilled nursing care facilities have already been implemented. Federal authorities are now considering more drastic cuts to the tune of $1.5 billion.

Funding Cuts will Impact Nursing Home Care, Could Subject Residents to Abuse Risk

According to representatives at the American Healthcare Association, there is definitely a possibility that these funding cuts could force many nursing homes in Indiana to shut down. At the very least, nursing homes may be forced to cut down staffing to deal with the new decreased resources. This could have a detrimental effect on the quality of care residents at these facilities receive.

Indiana has already taken massive Medicare cuts, and ranks at number 11 among US states that have lost huge amounts in nursing home funding.

The funding crisis is not restricted to Indiana alone. Across the country, nursing home facilities are suffering as Congress considers increased healthcare cuts as part of reforms.

There is enough evidence to indicate that the problem will get worse before it gets better. The baby boomer population is aging rapidly, and millions of baby boomers are expected to get to the age where they require nursing home care, over the next few years. Last year, 16,000 nursing homes in the country cared for 1.95 million people. That was an increase from 1.7 million people in 2007.

In Indiana, programs like the Natural Occurring Retirement Communities (NORC) have traditionally provided elderly residents with essentials, like handrails and wheelchair ramps, to encourage them to stay in their homes and relieve congestion in nursing homes. All five NORC programs in Indiana have lost funding. That means that these citizens will have to move out of their homes and into nursing facilities, which will now have to deal with a severe funding crunch and fewer staff. These facilities will hardly be in a position to provide elderly patients with the kind of care they need. Studies show, and Indiana nursing home abuse lawyers will tell you, that when there are funding shortages and staffing crunches, it’s patients who stand to suffer.

Unfortunately, as Indiana continues to reel under funding cuts, it’s the most vulnerable members of our society who will stand to suffer the most.

As Indiana trucking accident lawyers, we regularly follow developments in the trucking industry. It's encouraging to see that the American Trucking Association has thrown its weight behind a new bill that will ban texting for all drivers, including commercial motor vehicle drivers and passenger vehicle drivers.

The texting bill is called the Avoiding Life Endangering and Reckless Texting By Drivers Act, has been introduced by Senator Charles Schumer (D-NY) and will require that states ban texting within the next two years, or risk losing 25 percent of their annual highway funding. The texting ban is especially important in the light of the recent Distracted Driving Summit in Washington, that focused on motorist distractions, including texting and cell phone use.

While the support for Senator Schumer's bill has been good to note, we wish the trucking industry would also recognize the dangers that arise when truckers use computers in their cabs. Trucking groups have been quick to support a texting ban, but not as keen on banning the use of these computerized devices. More and more companies are investing in computers in truck cabs that allow them to send out new orders and messages to truckers around the country. These computers can be a serious distraction to truckers. Studies have shown that truck drivers don’t always pull over when they need to use their computer. This means that the operator of a 57-foot long, 80,000 pound truck could be distracted by the computer in his cab, endangering the safety of motorists nearby.

The American Trucking Association has also adopted policy statements that have the potential to impact truck safety in Indiana and around the country. It has expressed support for the use of onboard safety systems on trucks. These safety systems like brake monitoring systems, automated transmissions and vehicle stability control systems can minimize the risk of accidents. However, the ATA insists that trucking companies be offered financial incentives to adopt these systems.

The ATA is also calling for promoting driving education among new motorists to include awareness of driving safely around 18 wheelers. As Indiana truck accident lawyers, it's a matter of concern to us that motorists may be unaware of basic trucking safety facts, like the fact that an 18-wheeler takes a much longer time to come to a complete stop after the brakes are applied. Besides, truck drivers may not be able to see a motorist if he falls in the trucker's blind spot. New motorists can benefit from learning how to drive safely around a tractor trailer.

A new report shows that the country's largest malpractice insurers, far from bending under the strain of malpractice payouts, are actually earning profits that are higher than those of most Fortune 500 companies.

The report analyzes the annual financial statements of 10 of the largest insurers, and the results show that:

The average profits of these companies are higher than 99 percent of all Fortune 500 companies.
The average profit of these insurers is 35 times higher than the average for Fortune 500 companies in the same time period
The profit margins of these insurers range between 5.9 percent to a maximum of 74.8 percent with an average profit margin of 31.2 percent

That’s not all. The report also indicates that insurers have been showing lower profits than they actually earned, and higher losses than they actually incurred, in order to create a sense of anxiety about the health of the insurance industry, and to support restrictions of patients' rights to justice. According to the report, insurance companies, over the last five years, have incurred losses that are actually 13.5 percent lower than they first reported. They have also enjoyed 5.1 percent higher profits last year on an average, and 12.4 percent higher profits two years ago.

These figures show how hollow insurers' arguments that high medical malpractice payouts are contributing to high costs of health care, really are. They also underscore what Indiana medical malpractice lawyers have been saying all along - insurers seem to be having the last laugh as they enjoy their hefty bottom-lines, while patients have their rights to justice restricted severely in the form of damage caps.

The death of a female patient, who died in a flash fire in an operating room last week, has had Indiana medical malpractice lawyers and safety experts around the country concerned about the frequency with which these fires occur every year.

65-year-old Janice McCall was undergoing surgery at the Heartland Regional Medical Center in Marion in Illinois, when a sudden flash fire in the operating room caused her serious burn injuries. She was rushed to a Tennessee hospital, but died six days later. Heartland's statement after her death says that there was an “accidental flash fire” in the hospital's operating room, and McCall was injured before the fire was put out. Nobody else in the operating room was injured.

The tragic incident has raised focus on surgical fires, which remain a rare, but deadly, occurrence in our hospitals. According to data from the ECRI Institute, every year there are abut 550 to 650 surgical fires that occur in operating rooms. Out of these, up to 30 result in serious injuries, and one or two cases result in a fatality. According to ECRI forensic investigators, most flash fires occur when high oxygen levels cause material like surgical sheets in the operating room, to ignite. High oxygen levels can often be found under these sheets or drapes. Other common causes of flash fires are alcohol-based cleaners. The cleaner must be fully dried before laying out the electronic surgical equipment. Otherwise, the vapors can ignite, causing a sudden flash fire.

Whatever the cause of surgical fires, experts are unanimous that these are 100 percent preventable. Prevention depends on operating room staff controlling conditions in a room to prevent a fire.

There are several steps that hospital staff can take to prevent a fire.
Alcohol-based solutions must be given sufficient time to dry out. Two to three minutes may be sufficient.
Steps must be taken to prevent oxygen build up under drapes.

The Indiana medical malpractice lawyers at Theodoros a& Rooth represent victims of medical negligence, including surgical errors, emergency room errors, diagnostic failures, medication errors and other forms of medical malpractice in Merrillville, and around the state of Indiana.

Every year 98,000 people die of preventable medical errors in US hospitals. In November 1999, the Institute of Medicine released its pathbreaking report “To Err is Human,” which revealed that preventable medical errors cause more deaths every year than automobile accidents, certain forms of cancer and AIDS. Ten years since the report was published, there hasn’t been much of a reduction in the number of deaths from these errors.

Failure to hold doctors, nurses and other healthcare professionals accountable for errors that impact patient safety is the main reason Indiana medical malpractice lawyers come across so many injured patients every year. According to Peter Pronovost of John Hopkins and Robert Wachter of the University of California at San Francisco, punishments are effective at holding these professionals responsible, and for preventing repetition of these mistakes.

The two recommend sanctions for doctors, e.g., losing their privileges for a week for failure to follow safety standards for hand hygiene. They also suggest a loss of privileges for two weeks, for surgeons who don’t mark the surgical site properly to prevent operating on the wrong site. Currently, hospitals tend to play it safe, and are hesitant to blame any one individual physician for any of these errors. In sum, there is very little individual accountability, and typically, administrators look the other way when they come across, say, a doctor who fails to perform a "time-out" before operating to avoid surgical errors.

Every year 4,000 surgeries are performed at the wrong site. These are some of the most preventable surgical errors, yet they continue to frequently occur in our hospitals. Preventing medical errors doesn’t have to involve a heavy investment in time and resources. Following a simple checklist before operating, for instance, can ensure that the patient is operated on at the correct site. Likewise, there are relatively simple procedures that can be implemented for minimizing the risk of infection, and preventing surgical instruments, sponges and gauze from being left behind in the patient's body after surgery. We believe that healthcare professionals do commit these errors, especially on a repetitive basis, they be held accountable. As Indiana medical malpractice lawyers, we believe that such accountablility will help in reducing these preventable, life-threatening errors.