Indiana Injury Law Blog

A new study shows that in spite of increased emphasis on patient safety, here are five to ten incorrect surgical errors performed in Veterans Administration facilities every day.

The study focused on 342 surgical problems that occurred in 130 VA hospitals between 2001 and mid-2006. For comparison purposes, researchers divided these problems into those that occurred inside and outside the operating room.

The researchers examined 212 adverse events that included wrong site surgeries, where the wrong procedure was performed, or procedures performed on the wrong patients. The researchers also examined 132 events where the staff was able to catch a problem before beginning the surgery.

• The researchers found that in most cases of surgical errors, failure in communication among the members of surgical team was the most important contributing factor. That fact doesn’t surprise Indiana medical malpractice lawyers, who frequently come across cases where members of the surgical team fail to coordinate.

• The researchers also found that there was an almost equal distribution of errors inside and outside the operating room. 50.9 percent of the wrong site surgeries, wrong patient surgeries and wrong surgeries occurred in the operating room, while the remaining occurred elsewhere.

• Most of these serious errors occurred during ophthalmology and invasive radiology procedures, followed by orthopedics.

• The most serious patient injuries were caused during pulmonary cases, where fluid was removed from the wrong side of the chest or procedures were performed on the wrong side of the chest. However, it may not be fair to blame these high rates of errors on these specialists. There is a possibility that these specialists either report their errors more honestly, or that errors in these fields are just harder to hide.

VA facilities tend to focus harder on patient safety, but are not without their problems, as the report shows. In fact as Indiana medical malpractice attorneys, we are concerned about the high number of surgical errors in VA facilities. If the situation is so worrisome at a VA facility where standards for patient safety tend to be higher, then it’s worth considering what the numbers are like outside VA clinics.

As Indiana product liability lawyers, we are worried about the increasing hazards linked to drop side cribs. These cribs have been linked to several incidents of suffocation and entrapment, contributing to multiple fatalities.

This week, the Consumer Product Safety Commission announced a recall of 2.1 million drop side cribs manufactured by Stork Craft Manufacturing Inc. The CPSC has asked parents to stop using the Stork Craft cribs and make alternative sleeping arrangement for their babies. According to the CPSC, the problem is a familiar one - the drop side can detach unexpectedly, generating a gap between the wall and mattress, where an infant can easily become trapped and suffocated. There have been 110 incidents of such detachment of the drop side, of which 67 events occurred in the US. Out of these, four infants suffocated to death, and 20 infants fell from the crib, suffering bumps and concussions.

The Stork recall is the largest involving cribs, but it’s the most recent in a series of recalls involving defective drop side cribs. This year alone, there have been several recalls involving these drop side dropsied cribs.

1. In January, 535,000 Stork Craft cribs were recalled.
2. In October this year, Delta Enterprise recalled 600,000 recalls cribs due to suffocation hazards.
3. In July, 400,000 Simplicity drop side cribs were recalled after multiple infant fatalities.

As Indiana product liability attorneys, we are concerned about the frequency with which drop side cribs seem to feature in reports of falls, suffocations, entrapments, and consequently, recalls. Child safety groups are already calling for a ban on drop side cribs. Toys R Us says that it may stop ordering drop side cribs, and may even stop stocking these by the end of 2009. In Suffolk County, NY, there is now a ban on the sale of drop side cribs.

So how unsafe are these cribs? It’s definitely reason to wonder when we see the same styles of cribs subject to recalls for the same types of defects and causing similar injuries. For starters, we would like to see more coordination between the Consumer Product Safety Commission and crib manufacturers and importers about safety standards. Stricter rules have to be set to prevent such accidental detachments that seem to occur so frequently now.

As Indiana auto accident lawyers, we have been very concerned about the high accident risks of texting while driving. Teen motorists in particular, are at particular risk for such behavior. In fact, according to the New York Times earlier this year, American teenagers sent and received a staggering average of 2,272 text messages per month, in the last three months of 2008. That works out to 80 messages a day. It’s fair to assume that at least a few of those messages were sent when the driver was behind the wheel.

Those numbers have been confirmed by a new Pew survey, which shows that at least a quarter of American teens between the age of 16 and 17, have texted while driving. At least 50 percent of teens aged between 12 and 17, say that they have been passengers in cars with an adult driver texting at the wheel. Experts are already speculating that the number of texting teen motorists may be actually much higher than the survey shows.

What is very worrying to Indiana personal injury lawyers is the number of teens who are used to their parents texting while at the wheel. Some of this parenting behavior, as vocalized by the teens in the study, is excessive. One teen told the surveyors that his father frequently texted while at the wheel, gripping the steering wheel with his knees, while using his hands to text. Other teens admitted that adult members of their family frequently and constantly indulged in text messaging while driving.

There are two causes for concern here

Large numbers of American teens admitted to text messaging while driving which, according to a study by the Virginia Tech Transportation Institute, increases the risk of an accident by 23 times
Many of our teens are being initiated into these driving practices simply by observing their reckless parents.

Teen motorists face enough pressure from peers. They don’t need to be exposed to dangerous driving practices by their parents. As Indiana auto accident lawyers, we hope that parents will take their responsibilities of being role models for their children more seriously.

It’s that time of the year when we have to make some very important decisions - buying the perfect holiday gift for the children in your life. Across Indiana, parents and relatives will begin looking for the perfect gift for their kids. Unfortunately, shopping for toys is not the easy hassle-free process it used to be. With 80 percent of toys sold in the US manufactured outside the country, and the revelation of lead content in several popular toys from Mattel and other companies, buying a toy is not just about how much a child will enjoy it, but also how safe it is.

As Indiana product liability lawyers and parents ourselves, we’re constantly looking for resources that can help parents make smart and informed choices while shopping for their kids. We came across this comprehensive safe shopping list on CNet News, which provides parents the tools they need to make a safe decision.

At the top of the list is, not surprisingly, the Consumer Product Safety Commission. The CPSC has come under fire from Indiana product liability lawyers and child safety advocates for its failure to crack down on companies selling defective and hazardous toys. However, the agency’s website is a terrific source of information for parents who want to know if the toys they are considering have been recalled for safety reasons. The website features information and pictures of recalled toys, which may continue to be available on store shelves and online stores for weeks after a recall is announced.

GoodGuide rates toys and several other consumer products for harmful chemicals including lead and mercury. The rating system ranges from green which is the safest rating, to red which indicates that the toy has high levels of lead and other chemicals, and should be avoided.

For those who prefer their toys 100 percent free of chemicals, GreenToys offers a wide range of 100 percent safe toys. .

HealthyStuff is a resource that allows buyers to look for products by name, brand or category and read reviews. Your can find health ratings for a large number of toys, helping you avoid those that have a high toxin content.

As Indiana product liability attorneys and parents, we are particularly impressed with MomsRising, an effective and efficient tool that allows parents to conveniently find out the chemical content level of a toy via cell phone. Simply send MomsRising a text message with the name of the toy, and you will receive a message with information about the chemical content of that particular toy. The Consumer Product Safety Improvement Act made it harder for manufacturers, importers and distributors to shirk liability for defective toys by setting down strict lead content standards and imposing heavy penalties for violations. The law is still in its infancy, and we will have to wait to see if it really does help keep defective toys off the market.

In the meantime, these healthy toy resources will help you make safe and smart choices.

A judge in Terre Haute has declared a mistrial in a civil jury trial involving a fatal log truck accident in 2007.

In November 2007, Max and Joyce Strain were traveling in a car on Indiana 63, just behind a log truck driven by Richard Fulk. The truck flipped as it negotiated a curve, and the logs scattered on to the road. Several logs landed on the Strain’s vehicle. The couple was killed instantly. In 2008, a wrongful death lawsuit was filed against the trucking company that had been contracted to transport the logs, the logging company and Fulk. According to police, Fulk admitted to them soon after the accident that he had been driving between 50 and 55mph on the sharp curve, when the suggested speed at the site was 35mph. The load of logs shifted when Fulk negotiated the curve, causing the driver to lose control and the truck to overturn.

Now, a mistrial has been declared in the civil trial, because Fulk is also facing criminal charges in connection with the fatal accident. The trial will now resume only after the criminal case goes to trail in December.

Speeding is undesirable behavior for any motorist, but when you’re talking about an 18-wheeler driver who is in control of tens of thousands of pounds of cargo and a large delicately balanced trailer, such behavior can be dangerous. Often as Indiana truck accident lawyers, we notice that an accident can be the result of a combination of factors.

Log trucks are at special danger of causing injuries to other motorists when logs slip off the trailer. These logs can weigh tons, and even a single log crashing into a smaller passenger vehicle, can have a strong enough impact to crush the vehicle. The devastating power of an 18-wheeler during an accident is one of the reasons why the Federal Motor Carrier Safety Administration lays down such strict guidelines for cargo loads, securing of cargo, hiring of drivers, testing for drug and alcohol use, and maintenance of trucks.

The Indiana wrongful death lawyers at Theodoros and Rooth represent families of victims who have been killed by others’ negligence, and help them recover the compensation they deserve.

Maclaren is a name that’s probably more familiar to Indiana parents than product liability lawyers. These expensive, sturdy-looking strollers have been the preferred choice for millions of parents around the country, who have depended on these to cart their little bundles of joy everywhere. This week however, there was major cause for concern after Maclaren USA announced that it was recalling about a million baby strollers because of the risk of finger amputations.

According to the Consumer Product Safety Commission, Maclaren USA has received at least 15 reports of children placing their fingers in the stroller hinge mechanism. In at least 12 those cases, the children got their finger tips amputated or suffered other finger injuries when the stroller was folded or opened up. The CPSC has asked consumers to stop using these strollers immediately, and contact the company for a free repair kit that will fix the hinge problem.

As Indiana product liability lawyers, we would like to ask the one burning question that parents around the country want to know from the stroller manufacturer - Why did the company wait until it found out about 12 injured children to get its strollers of the market?

We may not get any answers from Maclaren anytime soon. The company seems to have its hands full dealing with frantic parents who have crashed the company’s website and overloaded its toll free number, seeking answers to their stroller queries. The company is also dealing with an international backslash from customers in the UK, Canada and Australia who want to know why the strollers are not being recalled in their countries too.

It seems negligent that the company waited for 12 children to have their fingertips sliced off before taking any action. Even if Maclaren assumed that parents were not likely to allow their children to place their fingers in the hinge mechanism, they should have allowed for the exuberance of kids, and children being taken out by older siblings or grandparents, who might not be able to keep a firm hand on the child.

The Indiana product liability attorneys at Theodoros & Rooth represent victims injured by the use of defective products in Merrillville, and around the state of Indiana.

It’s the kind of medical error that Indiana medical malpractice lawyers frequently come across. However, even we have to admit that this particular hospital has taken its fondness for wrong site injuries, a tad far. The Associated Press is reporting that a hospital in Rhode Island has been fined $150,000, and been ordered to install video cameras in all its operating rooms, after the 5th wrong site surgery in its facility since 2007.

Rhode Island Hospital is the largest hospital in the state, and is the teaching hospital for Brown University’s Alpert Medical School. The latest incident at the facility involved a patient who was scheduled for surgery on two fingers last month. However, both the surgeries were performed on the same finger. When the team discovered the error, they asked the patient’s family if they could perform surgery again, this time on the correct finger. However, when the team did perform the surgery a second time, they didn’t bother to take a time out to ensure that they were operating on the right site, even after they had made such a serious surgical error the first time. In 2008, three patients who underwent brain injury had their surgeries performed in the wrong site.

The state health director has been galvanized into action by these errors. It has ordered the hospital to assign an independent clinical employee, who is not part of the surgical team, to be present in operating rooms and observe surgeries at least for 1 year. The hospital has also been ordered to have surgeons mark the surgical site. The hospital will also install video and audio recorders in all its operating rooms to record surgeries. Hospitals will require permission from patient and families before they record surgical procedures.

Wrong Site Surgeries are Entirely Preventable
As Indiana medical malpractice lawyers, we know that wrong site surgeries are the most preventable kind of errors. These surgeries are called “never events,” meaning that they are so preventable, they should never occur in a hospital. When these kinds of errors occur again and again, it is a sign of a deep-rooted malaise in the system, one that we hope the hospital authorities here will be able to correct as quickly as possible.

As Indiana product liability lawyers, we have been concerned about the uncontrolled acceleration defect in Toyota vehicles that has already led to the death of 4 people in a Lexus crash, and the recall of 3.5 million vehicles. The automaker this week issued a statement that sought to suggest that the NHTSA had found no defect relating to the accelerator in some of its cars, and was almost immediately rebuked by the NHTSA for suggesting that the agency had given it a clean chit over the defect.

The agency has at least eight times investigated Toyota over complaints that the cars were prone to sudden and unintended acceleration. In at least two of those investigations, the agency announced recall of several Toyota models. In the remaining investigations, the agency cited insufficient evidence to show that the vehicles were prone to unintended acceleration. But it did conclude that there were design problems including throttle control issues, in several models that could contribute to unintended acceleration.

All these concerns were amplified in August of this year, when four members of the same California family died when their Lexus accelerated to excessive speeds and crashed. 911 calls made from the car showed that the gas pedal had jammed in the minuets before the crash. Then followed a massive recall of 3.5 million vehicles for, what Toyota called, floor mat compatibility issues. Toyota blamed the accident on the use of floor mats that were not compatible with the Lexus. It this week released a statement saying the agency had confirmed that there were no defects in the recalled vehicles. The agency has rapped Toyota saying that the automaker needs to figure out the cause of the problem, and devise solutions for this.

Millions of people in Indiana drive Toyota's vehicles. The automaker needs to figure out where the problem lies - floor mat incompatibility, push button ignition, or electronic throttle – and come clean about these. There are far too many incidents of uncontrolled acceleration for Toyota to dismiss these anymore.

The Indiana product liability attorneys at Theodoros & Rooth represent victims injured fro defective products in Merrillville and around the state of Indiana.