Indiana Injury Law Blog

Hundreds of deaths and injuries every year can be traced to tub mix-ups in hospitals, but because there are no well-established reporting mechanisms for these injuries and deaths, many of them go unnoticed. The New York Times recently reported on this silent killer in American hospitals.

The kind of deaths and injuries resulted from these mix-ups have been horrific. In one instance, a pregnant woman and her unborn fetus were killed when a nurse hooked up a food pipe to a tube connected to her vein, instead of the stomach. In another incident, a nurse in Wisconsin put a spinal anesthetic into a vein, killing the victim, another pregnant woman. In yet more horrific instances, IV fluids have been connected to tubes that were meant to deliver oxygen to the patient, resulting in suffocation of the patient. Tubes that were meant to inflate blood pressure cuffs were connected to intravenous lines, causing fatal embolisms.

These are just a few of the tube mix-ups that have been reported from around the country. Since 1996, safety advocates have called for making tubes incompatible for other purposes. This would prevent a tube designed for one purpose from being used for another purpose, or being inserted into the wrong vein or orifice. However, the powerful medical device industry has managed to stall any progress on this issue.

A nurse who works in a typical intensive care unit may have to deal with several tubes inserted into a patient's body. These tubes may be inserted to deliver nutrients and drugs to the patient, or to extract fluids or gases from the lungs and bladder. When mistakes occur, the results are very often deadly.

We would never tolerate such basic and utterly preventable mistakes in any other industry. It makes no sense to Indiana medical malpractice lawyers that we continue to have such bizarre and fatal tube mix-ups in modern American hospitals.

A new study shows that babies delivered a few weeks earlier or later than 40 weeks have a slightly higher chance of developing cerebral palsy.

The results of the study have been published in the September issue of the Journal of the American Medical Association. Researchers considered 1,682,441 babies born between 37 and 44 weeks, and with no birth defects. The babies were monitored over the next few years because cerebral palsy cannot be diagnosed at the time of birth. They found that of the babies that were monitored, 1,938 were ultimately diagnosed with cerebral palsy. The risk of developing cerebral palsy seemed to be higher among babies who were born at 37 and 38 weeks or after 42 weeks, compared to babies born at 40 weeks.

Babies born at 37 weeks had their higher risk of cerebral palsy increase by 90% compared to full term babies born at 30 weeks whose risk increased by 30%, and babies born at 42 weeks who had their risk increase by 36%. The babies born after 42 weeks, had their cerebral palsy risk increase by 44%.

However, researchers and doctors alike agreed that the risk of cerebral palsy is actually very low. Only one in 1,000 births will develop cerebral palsy. However, they also agree on the fact that deliveries a few weeks before term can increase the risk of not just cerebral palsy, but also a host of other complications. That is why it's not recommended that you deliver at 38 weeks, unless there's a medical reason for doing so. The same kind of risks may be seen for babies delivered after 42 weeks.

The researchers insist that although the study does show some risks of suffering cerebral palsy from early deliveries, doctors must not base their decision to perform a C-section on the results of these findings only.

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.

In a few months time, the Consumer Product Safety Commission is expected to announce a complete ban on the manufacture, sale, distribution and import of drop side cribs. That ban will come in response to the dozens of deaths and hundreds of injuries linked to the use of these cribs.

However, it could be a while before we have a complete ban on these dangerous cribs in place. In the meantime, millions of these cribs continue to be sold, gifted, or used in homes, hotels and day care centers. If you already have a drop side crib, and don't want to dispose of it soon, there may be ways that you can use it safely.

Whether it's a drop side crib or a fixed side crib you are buying, make sure that the crib is steady and well constructed. Give the crib a good shake right at the store. If it seems wobbly, shaky or unsteady, look for another crib.

Never buy used cribs or hand-me-downs. Older cribs don't come with many of the safety features that newer cribs have. Besides, it's going to be hard for you to find out whether these older cribs were ever involved in the recall. However, if buying a brand-new crib is not an option, make sure that the used crib you buy. has all parts in place.

Inspect the crib every time you change the sheets. Look for missing bolts and nuts, loose joints and other features that can alert you to a problem. Many of the cribs that were involved in the recent massive recalls were assembled. The problem with assembled cribs is that if the manufacturer’s instructions are not followed properly, it may create suffocation and entrapment hazards that could have lethal consequences for your baby. Follow all instructions while assembling the crib. If you have doubts, call the manufacturer or visit their website to find out how to assemble the crib.

Never try do-it-yourself repairs of your crib at home. If the thought of assembling a crib is intimidating, spend a little more money to buy a fully assembled preassembled crib. These are now becoming more popular, because of all the bad press associated with cribs that require assembling.

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

That's a question researchers from the University of Texas Medical Center at Galveston are asking. According to them, since brain injuries set off a series of complications leading to a number of conditions over a person's lifetime, it's time that we redefine it as a chronic and consistent illness, and not as an injury.

It is a bold concept, and it comes from years of study that reveal the kind of complications patients with a brain injury may be at risk for over the years. A brain injury differs greatly from other kinds of injuries. In the weeks, months and years after suffering a traumatic brain injury, patients may find themselves suffering from a number of other conditions related to the injury. These include neuroendocrine disorders, sexual dysfunction and even depression.

Persons who have suffered a moderate to severe TBI are at a higher risk of developing other complications down the road. The risk of developing new conditions related to the injury increases with the severity of the TBI, but even persons who have suffered a mild TBI may find that they face trouble performing routine activities, like holding things, remembering facts and other aspects of leading a normal life. For this reason, researchers believe it's important to reclassify Traumatic Brain Injury as a chronic disease.

Doing so will have numerous benefits. For one, patients’ families will be able to track the patient's progress after the injury, and look out for any particular symptoms. Doctors and caregivers will also be able to monitor a patient after injury, and look for related conditions that develop. Patients with Traumatic Brain Injury could also be reimbursed more frequently by their insurer as these complications develop.

The Indiana brain injury lawyers at Theodoros and Rooth represent persons have suffered brain injuries in auto/truck accidents, motorcycle accidents, workplace accidents and falls.

More than 3 million Jeep grand Cherokees have come under the scanner at the National Highway Traffic Safety Administration. The federal agency is investigating whether the design and placement of the gas tank in the Cherokees, increase the risks of a gas tank explosion and fire during impact.

The agency is specifically looking at more than a dozen incidents in which the gas tank of the Grand Cherokee caught fire after an accident. In the early stages of the investigation, the agency will focus on accidents that have resulted in 13 fatalities. However, there are other fatal crashes that have involved Jeep Grand Cherokees and gas tank fires.

The Center for Auto Safety a nonprofit auto safety group had petitioned the National Highway Traffic Safety Administration to begin an investigation into the placement and design of the fuel tank. According to the Center for Auto City, the plastic fuel tank in the Cherokee is placed below the rear bumper and behind the rear axle. This makes it especially vulnerable to damage and possible rupture, during an accident. The Center for Auto Safety also alleges that the gas tank is made of a plastic material that is not protected from puncture. The auto safety group informed the NHTSA that its own data from the NHTSA fatality analysis reporting system shows a total of 172 fatal accidents and 254 fatalities involving Cherokees that resulted in fires.

Even a layperson would admit that the possibility of a gas tank explosion and fire after an accident in the Grand Cherokee is one with potentially lethal consequences for the occupants of the car. The last time we had a major nationwide crisis with exploding gas tanks was in the 70s, when hundreds of people were injured and many killed in gas tank fires during accidents involving Ford Pinto vehicles.

The National Highway Traffic Safety Administration currently says there is no information to indicate that the Jeep Grand Cherokee has a higher risk of bursting into flames after an accident compared to other vehicles. However, only a complete investigation will tell.

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