Indiana Injury Law Blog

A new survey by the Centers for Disease Control and Prevention finds that about 4 million Americans drove under the influence of alcohol last year. Further, the survey finds that there were 112 million episodes of intoxicated driving in 2010.

Those figures mark a substantial improvement from 2006. In fact, those numbers are a drop of 30% from 2006. However, 112 million episodes of intoxicated driving placing motorists and other drivers at risk of injuries or death, is too high a number for any Indiana car accident lawyer to stomach. Each one of those 112 million episodes of intoxicated driving had the potential to cause a fatal or injurious accident.

Intoxicated driving continues to remain one of the biggest factors in auto accidents in the United States. In recent years, the focus on distracted driving and other threats may have pushed drunk driving off the spotlight, but the fact is that driving under the influence contributes to the second highest number of auto accident fatalities every year, second only to speeding.

According to the study, there are some categories of drivers who continue to be at a high risk of drunk driving. Approximately 81% of all intoxicated drivers are men. About 85% of drunk drivers are binge drinkers. Young men aged between 21 and 34 constitute one out of every three intoxicated drivers. People in the Midwest are at a higher risk of intoxicated driving than those living in the South, Northeast and west. The most dangerous states for drunk driving are North Dakota, Nebraska and Massachusetts.

In 2009, approximately 1/3rd of all people who were killed in car accidents tested positive for drugs. The federal administration released this data to announce the launch of a new initiative to reduce the numbers of people dying in accidents caused by drugged driving.

The Office of National Drug Control Policy is collaborating with Mothers against Drunk Driving to launch a new initiative against driving under the influence of narcotic drugs. According to the report, the risks of driving under the influence of narcotics are especially high among drivers aged between 15 and 20.

The report breaks down drug use as a factor in fatal accidents, depending on the person’s age and the kind of drug. For instance, the report finds that accident victims aged 45 and above were more likely to test positive for depressants and narcotics. In accident victims aged 24 and below, marijuana seemed to be the most frequently-used drug. Additionally, close to half of the drivers had been driving under the influence of both alcohol and drugs. 40% of the drivers tested positive for both drugs and alcohol.

Indiana auto accident lawyers find that driving under the influence of drugs has the same kind of effect on driving abilities as driving under the influence of alcohol, but drunk driving has somehow not received the same attention by Indiana transportation safety agencies as driving under the influence has. Thanks to law enforcement and statewide awareness campaigns against the dangers of drunk driving, the numbers of people dying in alcohol-related auto accidents has declined substantially over the past decade. However, while all this attention has been focused on preventing DUI deaths, the number of accidents caused by people driving under the influence of drugs has increased.

Teen drivers have a 50% higher risk of being involved in an accident the first month after they begin unsupervised driving, compared to the first year of unsupervised driving. Further, they are almost twice as likely to be involved in an accident in the first thirty days of unsupervised driving, as they are up to two years of driving experience. That information comes from a study called Measuring Changes in Teenage Driver Crash Characteristics during the Early Months of Driving.

The results of the study were released by the AAA Foundation for Traffic Safety. The findings were released in time to mark National Teen Driver Safety Week between October 16 and 22.
The researchers identified the three main factors that increase the risks of accidents involving teen drivers. These include inattention, failure to reduce speed while driving and failure to yield. According to the study, these three behaviors alone were responsible for about 47% of teen driver-related accidents during the first month of driving.

The results of the study show that while teenage driving skills do improve with practice, there are some skills that need further development. The type of accidents that were seen in the survey were not so much the result of a lack of experience, but the failure to develop certain specific driving skills.

The Indiana car accident lawyers at Theodoros and Rooth represent persons injured in automobile and car accidents across Indiana.

Contact lens manufacturer CooperVision Inc. has announced a recall of nearly 600,000 contact lenses, close to two months after reports of eye injuries associated with their use began to emerge. That's not all. The Food and Drug Administration has been very critical of the manner in which the company has gone about the recall, and the limited information it has provided consumers.

The recall was first announced on August 19, when the Food and Drug Administration announced a class I recall of the Avaira Toric lenses manufactured by CooperVision and sold at retailers like Costco, Wal-Mart and others. Class I recalls are the most serious recalls that the agency can announce, and Indiana product liability attorneys expect such recalls only when there is a risk of serious injuries or death associated with the product.

Reports of eye injuries associated with the CooperVision contact lenses began to surface in April, when some consumers began to report problems including corneal infections, scratches, and chronic pain. However, CooperVision announced the recall only in August.

It's highly likely that users in Indiana are not aware of this particular recall, because the company hardly bothered to publicize it at all. For the first few days after the recall was announced, the company had only the minimal information available on its website, merely informing consumers that there had been a recall, and that their contact lenses were likely included in it. There was no mention of lot numbers, and little information that would allow consumers to determine whether their lenses were included in the recall.

The company has now assured the Food and Drug Administration that it will take more steps to publicize the recall. The company’s website now has a checkbox that allows consumers to enter their lot number, to determine whether their contact lenses are included in the recall. There's also an FAQ as well as a consumer hotline number that consumers can call to find if their contact lenses are included in the recall.

A string of recent studies have pointed to various sources of contamination that increase the risk of hospital-acquired infections in Indiana hospitals. First, one study found that doctors’ and nurses’ clothing were home to potentially deadly pathogens. This was followed by another study which found that hospital curtains had alarming amounts of germs on them. There have been other studies that have found that cell phones used by patients and patient visitors are also contaminated with potentially deadly bacteria.

The clothing study found that approximately 60% of doctors’ and nurses’ clothing contained potentially deadly disease- causing germs. Nurses’ clothing was found to be a little more prone to contamination with about 65% of nurses’ uniforms testing positive for pathogens, compared to 60% of doctors’ clothing. Fortunately, the risks of contamination through doctors’ and nurses’ clothing seem to reduce when these personnel change uniforms every day.

Another study analyzed samples of hospital curtains, and found that 95% of the curtains tested positive for disease-causing bacteria, including the deadly methicillin- resistant Staphylococcus aureus (MRSA) and the vancomycin-resistant enterococcus organisms. The researchers installed 13 new curtains, and when they tested these after one week, they found that twelve of them were now contaminated with pathogens.

An earlier study found that 40% of all cell phones belonging to hospital patients or their visitors in hospitals contained dangerous disease-causing germs. About 21% of health-care workers’ phones were also contaminated by bacteria. Out of the 133 phones of patients and their visitors that were tested, seven tested positive for the deadly MRSA bacteria.

These studies indicate to Indiana medical malpractice attorneys that it may not be possible to completely eliminate external sources of bacteria in a hospital. However, doctors and nurses can reduce the risk of contamination and infections by making sure that they follow proper handwashing and hand hygiene practices.

There has been another recall of contaminated alcohol prep pads, the second one by manufacturers in the past year. Indiana medical malpractice lawyers wonder how concerned we need to be about the infection risks from pads and wipes used in hospitals.

This newest recall was announced by New York-based Pacific Disposables International Inc. after the company found that its alcohol pads may have been contaminated with Bacillus cereus. This is a potentially deadly organism that can cause serious infections. The recall was triggered after a patient who suffered from hemophilia, contracted an infection from the use of the contaminated wipes. The alcohol wipes were used before an infusion, causing the patient to contact the Bacillus cereus infection. The Food and Drug Administration had pressured the company to recall its pads in June, when the incident occurred, but the company only announced a recall in September.

This is the second recall involving contaminated alcohol prep pads and wipes that Indiana product liability lawyers have come across. The first recall involved hundreds of millions of alcohol and iodine wipes and pads manufactured by Triad Group and H&P Industries Inc. Those wipes have been blamed for several deaths and infections across the country, and these companies already face lawsuits related to those deaths.

Questions are being raised about the safety of both sterile and non-sterile pads and wipes, and whether there is a need to ban these products altogether in hospital settings. Overall, the market contains about 70% of sterile pads and 30% of non- sterile pads. Part of the problem is that when home kits come with alcohol prep pads, healthcare professionals and homeowners who are using these home kits, may erroneously assume that these prep pads are sterile when they are not. In many cases, the packaging does not mention if the wipes are sterile or not.
Many hospitals are wondering whether it's worth it to continue using these pads, in light of these infection risks.

As Indiana medical malpractice lawyers, we often find that misdiagnosis, wrong diagnosis and failure to diagnose are some of the most underestimated medical errors out there. A new survey by QuantiaMD finds that at least 47% of clinicians found these errors at least once over the past month. Besides, 62% of the clinicians believe that these errors may have caused harm to patients. More than 90% of the clinicians in the study also believe that many of these errors were preventable.

Most diagnostic errors that Indiana medical malpractice attorneys come across involve misdiagnosis of cancers, heart attacks, strokes, infections, cardiac diseases, and psychological disorders,. Some types of diseases are particularly susceptible to misdiagnosis. For instance, cancers are often misdiagnosed. When this happens, doctors may begin the wrong treatment or may leave the patient untreated, while the disease worsens. Some of the most frequent cancer misdiagnoses involve lung cancer and prostate cancer.

Most diagnostic errors are the result of
• Inadequate test results
• Incorrect interpretation of test results
• Inadequate interpretation of scans
• Lack of communication
• Incorrect interpretation of symptoms and signs of serious injuries
• Inadequate follow-up on test results
• Insufficient access to patient records and history

When it comes to preventing diagnostic errors, there are no simple solutions. The clinicians believe that changing physician thought processes may contribute to more accurate diagnosis. 75% also believe that using decision support tools and artificial intelligence aids could help minimize the risk of diagnostic errors.

A new brain injury scanner combining the diagnostic abilities of PET and MRI has just made its debut at the National Institute of Health Medical Center. The Center has begun using the device to look for brain injuries in patients. This is a first-of-its-kind scanner that makes use of both diagnostic procedures in order to diagnose brain injury much quicker.

The scanner, called the Biograph MMR, offers both the whole body simultaneous positron emission topography scan, as well as magnetic resonance imaging capabilities. The Biograph MMR therefore offers doctors a more complete picture of abnormal metabolic activity than is possible through the separate use of PET and MRI scans. Besides, the Biograph MMR also offers a speedier diagnosis of Traumatic Brain Injury (TBI) because there is no need to use separate PET and MRI scans.

With a speedier diagnosis, doctors can begin treatment as quickly as possible to limit the severity and intensity of the brain injury and limit long-term damage. Additionally, patients who undergo a Biograph MMR test may suffer lower exposure to radiation. Traditional PET scanners use imaging and radiation, while the Biograph MMR completely eliminates the need for radiation use.

There are limited treatment options available for brain injury, and beginning treatment immediately is the most effective way to limit the extent of the injury. With quicker diagnosis, doctors can work quicker to limit the severity of damage.

With more than 1.7 million brain injuries being reported every year, Indiana brain injury lawyers have found a crucial need for a device that quickly diagnoses an injury. While there has been a lot of research into brain injury treatment, studies have yielded few benefits to patients. A quick diagnosis and early treatment is still the best treatment for a TBI.

An agreement between the United States and Mexico that would allow Mexican freight trucks to operate on American highways in exchange for lower tariffs has Indiana trucking accident lawyers concerned about the impact on safety. Under the terms of the agreement, over the next three years, hundreds of Mexican trucks will be allowed to haul freight within US borders. The trucks could begin operating as early as September.

There are plenty of reasons to be concerned. For one thing, the trucking industry in Mexico is hardly as regulated as in the United States. Additionally, there are language issues involving Mexican truck drivers. The Department of Transportation says that it will require Mexican truck drivers to speak English in order to be able to read highway signs, and will subject them to alcohol and drug testing. It will also use onboard electronic monitoring devices to track drivers.

US federal trucking safety agencies struggle with inspections of the 18- wheelers that are currently operating on US interstate highways. In a situation like this, it's reasonable to be concerned about the effectiveness of the safety precautions the Department Of Transportation has in mind for Mexican trucks.

Opening up the borders could mean a veritable flood of unsafe commercial trucks. Besides, there is the question of the insurance coverage that these trucks would need to have in order to operate on our highways. In the US, trucking companies are required to maintain accident and injury liability coverage to cover expenses after an accident.

Besides, there are other dangers from widespread hijacking of trucks for drug trafficking in Mexico. It's reasonable to wonder how many of these trucks will find their way across the border.

A report by the US Veterans Health Administration shows that there has been a decline in the number of medical errors at VA hospitals. However, not all is good news. While the number of actual medical errors has gone down, the number of close calls has actually increased.

Indiana medical malpractice lawyers know that preventable medical errors are a major health care problem in the United States, and the hospitals run by the US Veterans Health Administration have not been spared either. New research shows a drop in medical errors, however. According to a study, the numbers of wrong site surgeries, wrong patient surgeries and wrong medical procedures have declined in VA hospitals. The research is based on hospital reports from 2006 to 2009.

The Veterans Administration has taken steps to reduce the number of preventable medical errors at its facilities. These efforts include the introduction of checklists to prevent surgical errors. Besides, the Veterans Administration has also introduced requirements for health care professionals like doctors, nurses and other hospital workers to report medical errors and near-miss adverse events. There was extra focus on encouraging healthcare workers to report medical errors without fear of consequences.

As a result of these strategies, the per month rate of medical errors dropped from about 3 to 2 at the 153 VA centers that are equipped for surgeries. Close calls however increased from 2 to 3.
There is an explanation for why close calls are up. According to the Veterans Administration, doctors and nurses are now much more comfortable about reporting medical errors than they used to be.

A report by the National Transportation Safety Board into a truck rollover accident in Indianapolis has blamed a number of factors, including road conditions and driving errors for the accident. However, the report has made a special note of the lack of stability control on the tanker truck as a major factor in the crash.

The accident occurred in October 2009 when a tanker truck rolled over on the connection ramp at Interstate 69S and Interstate 465S. The truck driver lost control, causing it to flip over. The tanker truck was loaded with thousands of gallons of liquefied petroleum gas, and the vapors quickly exploded. The explosion resulted in a massive fireball that damaged several other cars nearby. The driver of the tanker truck and two other motorists nearby were injured in the accident.

The National Transportation Safety Board has now completed its investigation into the accident. According to the Board, there were several factors that contributed to the crash. The Board has blamed the accident on the fact that there were no rollover accident prevention systems on the tanker truck.

Tanker trucks are susceptible to a higher risk of rollover accidents than other tractor-trailers or 18-wheelers. These trucks carry liquid cargo, which may shift during transportation, leading to a loss of balance. Indiana truck accident lawyers have known for a while now that mandating stability control devices on tanker trucks can prevent more than 3,600 truck rollover accidents every year. In fact, many freight companies have made the decision to install these devices on their trucks in order to avoid rollover risks. However, there is no federal mandate for such devices.

The NTSB wants the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration to develop a rollover accident prevention program. This would include establishing stability control standards for all commercial vehicles above 10,000 pounds in GWR, new performance standards for tanks and better tank designs.

It’s not hard for Indiana medical malpractice lawyers to understand why the average wait times in your local hospital ER have increased the way they have. After all, the number of ERs in the US has decreased by nearly 1/3rd over the past twenty years, while the number of patients has increased by a staggering 40%. This has meant that in hospital ERs around the country, patients spend hours waiting to be looked at.

According to estimates, the number of people who leave a hospital ER without being seen has increased from 1.7% in 1998- 2006 to 2.7% in 2007- 2008. However, many hospitals have taken the initiative to reduce ER wait times with the strained resources they have.

At many hospitals, a system that relies on doctor’s assistants and other healthcare providers to care for less seriously ill patients, has helped free up doctors for the sicker ones. Under the system, nurse practitioners walk around the waiting room, to get basic information about the patients.

Those with less serious illnesses are not given a bed, but are given a recliner, while they are checked by a doctor's assistant. These professionals order tests, and check vitals. Doctors, on the other hand, are reserved for the sicker patients, who are also given beds. This system not only frees up beds for seriously ill patients, but also helps all patients receive emergency treatment without excessive delay.

Another way that hospitals are trying to cut down on wait times is by encouraging patients to look at other hospitals nearby. Many hospitals have started displaying their ER wait times in waiting rooms, and even billboards. This way, patients with a serious illness will know better than to visit a crowded ER.