Missouri Injury Law Blog

Unfortunately, in Missouri and across the country, every summer needless accidental drownings result in wrongful death or near drownings that lead to severe brain injury because of prolonged lack of oxygen to feed the brain. According to statistics from the CDC an average of 3,533 fatal unintentional drowning occur every year in the U.S. That means that every day, about ten people die from unintentional drowning. Of these, two are children aged 14 or younger. Though kids and swimming pools go hand in hand over the long, hot summer months, parents should be on alert when their young children are around water. Additionally, just because yo are at a public pool, such as a hotel or resort pool, don't assume their lifeguards and/or safety rules are enough to ensure the safety of and protect your family.

Though adults can drown too, young children are at a special risk of accidental drowning during the summer months. Children between the ages of 1 and 4 have the highest rate of drowning. Also, nearly 80% of people who die from drowning are male. Among young children, most drowning occurs in home swimming pools.

Beyond death due to drowning, another terrifying prospect is the risk of permanent injury. Debilitating conditions due to brain injury and lax of oxygen can leave a child permanently damaged. According to data, for every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries.

According to the CDC, the main factors that affect drowning risk are lack of swimming ability, lack of barriers to prevent unsupervised water access, lack of close supervision while swimming, location, failure to wear life jackets, alcohol use, and seizure disorders.

Parents should consider the following tips to keep themselves and their young children safe when around the water:

Supervise Your Kids When Around Water - Designate a responsible adult to watch young children while children are swimming or playing in or around water. Supervisors of preschool children should provide "touch supervision," being close enough to reach the child at all times in case of emergency. Because drowning occurs quickly and quietly, adults should not be involved in any other distracting activity.

Learn to Swim - Formal swimming lessons can protect young children from drowning though strong supervision is still required when young kids are near the water.

Learn Cardiopulmonary Resuscitation (CPR) - In the time it takes for paramedics to arrive, your CPR skills could save someone's life.

If you're the owner of a swimming pool then there are additional precautions you should take to ensure that everyone leaves your gathering safe and sound.

Install Four-Sided Fencing - Install a four-sided pool fence that completely separates the pool area from the house and yard. The fence should be at least 4 feet high. Use self-closing and self-latching gates that open outward with latches that are out of reach of children.

Clear the Pool and Deck of Toys - Remove floats, balls and other toys from the pool and surrounding area immediately after use so children are not tempted to enter the pool area unsupervised.

Get Alarms - Install pool and gate alarms to alert you when children go near the water and consider using a surface wave or underwater alarms.

If you or a loved one has been seriously injured in a water-related accident and have questions, call one of our Missouri personal injury attorneys today at 1-314-863-0500.

Source: "Unintentional Drowning: Get the Facts," published at CDC.gov.

See Our Related Blog Posts:

Product Liability and Potentially Dangerous Toys: Magnets represent real danger to unsuspecting children

Major National Retailer Under Fire For Unsafe Products

A recent poll conducted by the AAA Foundation demonstrated results similar to those from the National Sleep Foundation Polls, which showed that a large percentage of Americans report driving under the influence of sleep which can result in car accidents. The most recent poll showed that one-third of those surveyed admitted to driving drowsy in the past 30 days. A 2005 NSF poll of approximately 1,000 people found that 60% of drivers, or about 168 million people, admitted that they had driven while sleepy in the preceding year; and 37% confessed that they had actually fallen asleep behind the wheel.

Though many people know that sleepy driving isn't a good thing, they don't understand just how dangerous it can be. Educating people to the dangers of drowsy driving is a key step in preventing unnecessary injuries. The National Highway Traffic Safety Administration estimates that 100,000 car crashes that are reported to the police each year are the direct result of fatigue and sleepiness. There's no reason for such an enormous number of accidents to take place when simple steps can be taken to eliminate the risk.

The root of the problem is that many American are chronically sleep deprived. According to a study published in The Lancet, a quarter of all adults admit to not being happy with the amount of sleep they get each night. The results show that approximately 10% of adults meet the criteria for full-fledged insomnia.

The dangers of insomnia are great, especially for those on Missouri roadways. Study after study has shown that those suffering from insomnia have symptoms similar to those suffering from severe sleep deprivation. Such sleep leads to an increased risk of car or truck accidents. Those who are surviving on much lesser sleep than they need are more likely to nod off at the wheel, especially when they're driving alone or for long distances, increasing the risks of serious accidents and the possibility of causing harm to others.

Even those without insomnia who are simply tired are at increased risk of being involved in an accident while behind the wheel. Fatigue while driving can cause the following:

• Impaired reaction time, judgment and vision.
• Problems with information processing and short-term memory.
• Decreased performance, vigilance and motivation to focus on the task at hand.
• Increased moodiness and aggressive behavior while on the road.

We all need to be more aware of the danger of drowsy driving and do what we can to reduce the number of driving accidents each year associated with sleep deprivation. The St. Louis car accident attorneys can provide the skilled legal representation needed by those who have been involved in an accident. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call us today at 314-863-0500.

Source: "Insomnia In The U.S. Is Still A Pressing Public Health Problem, Study Shows," by Catherine Pearson, published at HuffingtonPost.com.

See Our Related Blog Posts:

Distracted Driving is Dangerous, but what about Distracted Walking?

Missouri Takes Aim At Distracted Driving

Drunk driving accident lawyers obtained a huge 716 Million dollar judgment, including punitive damages. In 2008 a thirty-two year old mechanic was stopped in his car waiting to exit a restaurant. In the same area a teenage driver was going 95 in a 35 in a Chevy Camaro when he lost control of the car and caused a high speed crash with the mechanic who was just waiting to leave a parking lot. The mechanic dies within minutes at the scene of this tragic drunk driving wrongful death crash. The intoxicated driver had a BAC of .136 one hour after the crash. This means he likely had a .140-.150 BAC at the time of the collision based on the average person's ability to eliminate alcohol from their system. The at-fault and intoxicated driver is serving 5 years for Negligence Homicide.

The evidence was that the underage drunk driver had consumed alcohol purchased by him from a local food mart. The family of the victim filed a wrongful death lawsuit obviously against the driver, but also against the store that sold the underage driver the alcohol. The cause of action is similar to a case against a bar that serves alcohol to a visibly intoxicated person who then goes out and causes a car accident that hurts or kills someone. See Missouri Dram Shop Cases. In this case the store was liable because the drunk driver was a minor and never should have been sold the alcohol to him in the first place. Had the driver been of age, the case against the store would probably not have been viable.

According to the testimony, the store involved in this case was known among teenagers as a place they could buy alcohol and that kids as young as 14 were known to purchase alcohol there. The store owner claimed they always carded and never sod to minors, however at trial it was proven that they sold alcohol to minors before and after the wrongful death case through citations issued against the store for selling to minors.

Our St Louis injury firm handles DWI accident cases in Missouri and Illinois. These cases require experience to be handled properly. Not only do you need a lawyer that understands personal injury law well, but also a lawyer that understands DWI criminal law. This is because the criminal case must be monitored closely as the criminal case is handled by the State, but as your personal lawyer we can make sure the prosecuting attorneys are aware of all the injuries and how they have affected the victim and their family's life. Otherwise, you risk a situation where the prosecutor's office drops the ball and allows a easy probation plea to be entered, which allows the drunk driver to move on with their life with minimal consequence. Additionally, if the criminal case is handled properly it can have a tremendous affect on bolstering the civil damages case.

See:

Drunk Driving Deaths in Maryland Heights Missouri

Missouri Bike Accidents: Common Causes and Proving Driver was Intoxicated

Missouri Drunk Driving Accident Lawyer Obtains St Louis County Judgment of $2.3 Million

In 2006 a bicyclist in Kansas City, Missouri was injured in a Missouri bike accident when he was struck by a police car rushing to an alarm call without his lights or siren on. The injured cyclist's lawyer filed a bike accident lawsuit against the city and the police board as they were the employers of the police officer and the officer was within the scope and course of his employment, therefore, under Missouri law his employers are also liable for the injuries to the biker. At the trial court level the Judge dismissed the police board as defendants agreeing that the board was entitled to sovereign immunity under the public policy doctrine.

See Missouri Car Accident Article: "County Liable for Downed Stop Sign" Additionally, the sovereign immunity doctrine is waived by the negligent operation of a motor vehicle. See Missouri Statute Section 537.600.1(1) which waives that immunity for government entities as to:

"[i]njuries directly resulting from the negligent acts or omissions by public employees arising out of the operation of motor vehicles or motorized vehicles within the course of their employment.

So under the above statute it appears obvious that the Police Board is liable as government immunity is waived by statute in cases involving negligent operation of a car. However, the law also states that the individual police officer is immune from civil suit as the bike accident occurred while he was on duty and the public dutyt exception specifically states that a public officer is not civilly liable for the breach of a duty.

So the argument the police board made and the trial court agreed with was, if the individual officer cannot be sued and found individually liable, then the employer is not liable through respondent superior and thus the police board cannot be sued. As the Court stated it, the issue is:

"whether negligence for the purposes of triggering respondeat superior liability for a government entity under section 537.600.1(1) can be found when the public duty doctrine negates the ability to establish a public officer's negligence."

The Court of Appeals was able to overturn the trial court's dismissal of the Police Board in this case by relying on Southers v. City of Farmington, 263 S.W.3d (Mo Supreme Court 2008). In that case the Missouri Supreme Court held that:

"[g]overment employers cannot claim an extension of the protections of the public duty doctrine from their defendant employees in cases where the alleged negligence is a type covered by a waiver of immunity protections, such as the negligent operation of a motor vehicle." Id. at 613-14

The appeals court agreed that the holding above by the Supreme Court is absolutely applicable to the bike injury case at hand. The Court of appeals reversed the trial court's grant of summary judgement. See Benson v. Kansas City Board of Police Commissioners, No. WD 74283 (May 15, 2012).

Therefore, government entities cannot circumvent liability for bike accidents or other negligently caused injuries by hiding behind respondent superior theories and arguing that since the individual government employee is immune then they in turn should be immune as well. As the court stated, this would distort the intention and purpose of the sovereign immunity statute and lead to injustice for this Missouri bike accident victim and other victims of government entity negligence.

Related Blog Articles:

Head Injury Settlement against Public School protected by Sovereign Immunity

Government Entity Liability for Dangerous Conditions

St Louis Missouri Personal Injury Claims from Injuries that occurred on Federal Property

Continue reading "Missouri Cyclist Could Sue Police Board for Injuries from Bike Accident " »

The successful pursuit of a medical negligence case usually requires an experienced medical accident attorney as medical negligence cases are very complex, even when the negligent act itself seems very simple and straight forward. Many medical negligence cases are "battle of the experts" cases as no matter how egregious the negligence is, the malpractice insurance company will find a doctor that will testify under oath that negligence did not occur and bad outcomes just happen. To strengthen any malpractice case, an experienced med mal lawyer will do a lot of research into authoritative medical texts to find studies and articles supporting the claims of negligence and how the procedure or situations should have been handled.

How to Use Medical Literature Effectively in a Negligence Case against a Healthcare Provider:

Use of medical literature is governed in part by R.S.Mo. § 490.065. This statute governs, in part, the role of expert witnesses in civil trials and explains the types of facts and data upon which an expert may base his opinion. Subsection 3 of the statute states, in pertinent part, as follows:

"The facts or data in a particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing and must be of a type reasonably relied upon by experts in the field in forming opinions or inferences upon the subject and must be otherwise reasonably reliable."

Thus, R.S.Mo. § 490.065(3) makes it clear that an expert witness may rely upon data like medical literature, which has traditionally been thought of as hearsay, so long as the data is "of a type reasonably relied upon by experts in the field ... [and is] otherwise reasonably reliable."

At least three Missouri cases clearly state that it is permissible for a medical negligence expert to rely upon medical literature during their direct examination and in support of their opinions.

Stallings v. Washington Univ., 794 S.W.2d 264 (Mo. App. 1990) is a medical malpractice case wherein the Defendants' experts were asked, on direct examination, whether the medical literature supported their positions, and then proceed to discuss the medical literature and how it supported their position. The Plaintiff objected on hearsay grounds, arguing that medical literature could only be used in cross examination. The trial court denied the objections and allowed the discussion by the expert about the content of the articles. The Eastern District affirmed the case on appeal ruling that under §490.065 and principles established in earlier case law, the use of medical literature in this manner was entirely proper.

The use of medical literature on direct exam is also recognized in Wilson v. ANR Freight Systems, Inc., 892 S.W.2d 658 (Mo. App. 1994), where the Court summarized the point:

Medical journal articles may be used on direct or cross-examination to test the knowledge of the expert and the reliability of his opinion. See Stallings ... (direct examination); Ball v. Burlington Northern RR. Co., 672 S.W.2d 358, 363 (Mo. App. 1984)] (cross examination). This is usually accomplished by reading from the publication and asking the expert if he agrees with the statement, as was done in this case with the three medical articles which were used at trial. (Emphasis added.) Id. at 664. The court noted that the medical literature does not become substantive evidence in the case even when used on direct examination, but it may still be referred to, discussed, and published to the jury as data upon which the expert relies. Id. at 665, but cf. Kelly v. St. Luke's Hosp., 826 S.W.2d 391, 396 (Mo. App. 1992). (Emphasis Added).

In Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852 (Mo. banc 1993), the Missouri Supreme Court held that plaintiff had made a submissible case of causation, and indicated its approval of plaintiff's use of literature to support his position:

"In forming his opinions, Dr. Burmeister relied on his own experience concerning the interaction between viral infections and bacterial infections. He relied on published studies in other areas of medicine indicating that endotoxins in human beings can cause a person's immune system to be suppressed and cause a person to be more susceptible to disease. Furthermore, he relied on the package inserts and Physician's Desk Reference information that accompanies the polio vaccine, which caution against the use of the vaccine in a patient who is suffering from an acute illness; in a patient with genetic immune deficiencies; and in a patient whose immune system was suppressed due to other factors, including steroids, immune serum globulin therapy, radiation, chemotherapy, and leukemia. In combination, this information provides reliable support for each step of reasoning Dr. Burmeister used to conclude that if endotoxins have suppressed a person's immune system, the attenuated polio virus in the vaccine may overwhelm a person's immune system and develop into the polio disease .... Dr. Malone's testimony, based on various immunology studies that reported an immunosuppressive effect following the administration of endotoxins to healthy adults, reached the same conclusion as Dr. Burmeister." (Emphasis added.)

The Statute and cases above make it clear that experts can rely upon medical literature to support their opinions and discuss the content of the literature as an exception to the hearsay rule. What the above case do not discuss is exactly how that information is "published" to the jury. Was the text actually displayed or passed to the jury rather than just read or discussed? Peterson v. National Carriers, Inc., 972 S.W.2d 349 (Mo. App. 1998) is instructive on that point. The court in part relied upon R.S.Mo.§ 490.065 to support it's opinion that it was proper for the expert to rely on hearsay evidence and discuss it during his direct exam because it was of a type experts in his field usually rely on. The Court approvedthe expert witness' use of an enlarged copy of the accident report (with certain redactions) for display to the jury. This of course is consistent with the notion that evidence properly admitted should also be available for proper demonstration so that the jury can best understand it.

Therefore, medical texts reasonably relied upon by experts should be admissible into evidence and thus view able by the jury. This is important because the authoritative test is not biased, it is not being paid by either party, and juries trust publications more than hired experts.

Continue reading "Use of Medical Literature or "Authoritative Texts" in Missouri Medical Malpractice Cases " »

Possible dangers of toys are not obvious, that is why there are legal requirements that the manufacturer test the toys. Additionally, enforcement of product liability injury laws help police the industry. On example of an unsuspected defect was a few months back; one unfortunate couple made a purchase they'll likely regret for the rest of their lives, magnets. They were shopping near their hometown and came across a bag of high-powered magnets that could be used to form various shapes and chose to buy them for a little amusement. When they arrived back at their house they made sure to put the toys away on an upper shelf. Apparently it wasn't high enough to keep their young son, 2-year-old Braylon, away. He found the bag of magnets and ended up swallowing eight of them.

Rather than just simply passing the round balls, they magnets fused together and, in the process, wreaked havoc inside the little boy. The high-powered magnets attached to each other and, in doing so, twisted and ultimately perforated the boy's intestinal tract.

Since the terrible accident the child has been in the hospital, coming up on two months now. Most of the time was spent in the ICU given the severity of his injuries. Braylon has had six surgeries, developed a blood infection and had to be fully sedated for three weeks. He's thankfully supposed to leave the hospital soon, but will have to return for more surgeries. He's scheduled to get an intestinal transplant given the amount of tissue that had to be removed during all his surgeries.

Shockingly, given the horrible damage inflicted on Braylon and other's just like him, there not yet been a thorough study of the impact of magnets ingested by children. The Consumer Products Safety Commission (CPSC) has said that since 2008 it has received some 200 reports of similar incidents involving children and high-powered magnets. As a result, one of the doctors that worked with Braylon, Dr. Adam Noel, decided to conduct a survey of his own. He asked a group of pediatric gastroenterologists for their thoughts on the issue. The 33 physicians who responded to Dr. Noel's survey said that they have seen a total of 82 young patients who have swallowed magnets. Sadly, the vast majority of these children suffered bowel perforations, just like Braylon.

Dr. Noel and a group of other concerned doctors will be meeting with officials from the CPSC to discuss ways to ensure that additional children don't suffer from similar accidents. The companies that make the toys insist that their products are perfectly safe if used per the instructions. Treat them like any dangerous item in a house, like a stove, and the children can be perfectly safe from the danger they present.

Doctors disagree, pointing out that the products often contain hundreds of individual magnets, making it impossible for parents to know if a few went missing. Children can then easily get ahold of the magnets and, possibly mistaking them for candy, swallow them; unaware of the danger they are placing themselves in. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Missouri personal injury attorneys today at 1-314-863-0500.

Source: "Powerful magnets in toys raise risks from swallowing," by Elizabeth Cohen, published at CNN.com.

See Our Related Blog Posts:

Major National Retailer Under Fire For Unsafe Products

Missouri ranked 16th highest number of injury deaths

Pharmacist negligence is most commonly seen by failure fill the proper medicine. One cause is the difficulty in reading the prescription order itself. According to a recent article in the New York Times, it turns out that the often joked about poor penmanship of doctors is really no laughing matter. Doctors' notoriously bad handwriting isn't funny when a patient's health is on the line and carelessness on the part of a physician can lead to long-term trouble.

Medical writing is often done in Latin abbreviations, nearly unintelligible scrawl to an ordinary person. A great example of this is that the abbreviation "o.s." refers to the left eye while "a.s." means left ear. Ok, maybe not such a big deal. Wrong. While it may not sound like a huge difference, two drops of ear infection medication into an eye can cause serious damage to an unsuspecting patient. Though doctors and pharmacists are trained to watch for similar mistakes, nothing is 100% foolproof.

The answer to the problem of poor penmanship may come from technology. It occurred to some hospitals that if bad handwriting is responsible for many medication errors then an electronic, point-and-click system could help to solve the problem. Advances in medical informatics, as medical IT is known, have made it possible for doctors to electronically transmit prescriptions to pharmacists, reducing the chance that a scribbling doctor could lead to medical problems down the road.

In one study from 2010, researchers compared handwritten and electronic prescriptions originating from one clinic. The clinic's doctors, PA's and nurses all used one method or the other over a set period of time while the researchers watched what happened. The results were shocking. For every 100 handwritten prescriptions, the researchers found 37 errors. For electronic prescriptions, only 7 mistakes in every 100 prescriptions were discovered. Nationwide data shows a similar story with only a five percent error rate in hospitals with electronic prescription software.

While the results seem to obviously demonstrate the benefits of such a system, the reality is that only 36% of all prescriptions in the country were filled electronically in 2011. If electronic prescriptions are the answer then why haven't doctors been jumping on board the new system? Two reasons seem to stick out: money and hassle.

Electronic prescriptions are usually part of a larger and very costly electronic medical record system. The cost of such elaborate systems can be prohibitive for smaller medical establishments. Though federal funding is available and can help ease the burden, getting the money takes time and the medical facility must front the money for the first phase of the project.

Beyond just cost, the hassle factor is an important consideration. Shifting from a paper-based system to one that's all computer takes time and lots of adjustment for doctors, as anyone who has had to change computer systems at work can surely understand. Another problem is that the learning curve can even distract medical professionals from their primary job, helping to heal patients, resulting in a short spike in problems.

Whether or not the medical industry rallies around the advances in medical technology which can lead to reduced errors for patients has yet to be seen. In the meantime, if you or some you know has become sick or injured because of a doctor failing to provide an appropriate level of care, you need the help of a St. Louis injury attorney skilled in medical malpractice to help protect your rights and recover damages for your injury. Contact med mal attorney Ben Sansone today for a free consultation at (314) 863-0500.

Source: "Chicken Scratches vs. Electronic Prescriptions," by Randall Stross, published at NYTimes.com.

See Our Related Blog Posts:

Study indicates medical malpractice claims rarely go to trial

Much is lost in translation in Missouri hospitals

Death from car accidents are currently at historic lows. That is great news to know that the safety rules are being enforced through criminal and civil law to make the roads safer for everyone. Particularly stronger law enforcement and more social stigma related to drunk driving and car accidents.

One group that is not see a drop in injuries from accidents is motorcycle riders. In fact, motorcycle deaths have more than doubled in the last 30 years to around 5,000 per year. According to reports by several agencies, the rise of deaths is clearly seen in the states that have loosened or repealed the helmet laws. Currently, only 19 states require every rider to wear a helmet. In 1970, 47 States required helmets for all riders, that is a 28 state difference in 30 years. Most recently was Michigan' s repeal of it 50 year old helmet law. Many groups, myself included, believe the helmet laws encourage public safety on the roadway, much like seat belt laws, which no one tries to repeal, because its just common sense. However, Biker groups argue helmet laws infringe on their personal freedom, and say the government instead should emphasize rider training to prevent crashes from happening in the first place. But isn't requiring more training curtailing personal freedoms as well?

The causal connection is obvious, crashing on a bike hurts, bad! Not having a helmet means the biker suffers head injury leading to severe injury or death. Without a doubt wearing a helmet makes riding a motorcycle safer. Helmet laws are the best way regulators have to reduce deadly accidents. NHTSA estimates that helmets saved 1,483 lives in 2009, and another 732 deaths probably would have been avoided if all riders worn helmets. The social costs of the motorcycle injuries and deaths are also huge: a 2008 agency estimate concluded that $1.3 billion in medical bills and lost productivity would have been saved if all bikers had worn helmets.

I have personally been in 2 motorcycle accidents. I always wear a full face helmet when I ride. In one accident I doubt wearing a helmet or not would have made much difference. However, in another accident, a car pulled out of a parking lot right in front of me, I had to drop my motorcycle and my body slid under the car. While I slid I was holding my head up to see where I was going and after going under the car my head violently struck the side of the car. Had I not been wearing a helmet the side of my head would have been severely injured and probably suffered a severe brain injury.

For detailed article on the arguments for and against helmets and the evidence linking no helmets to increased head injury and death, see "Despite Death Toll, Motorcycle Groups Strive to Muzzle U.S. Regulators"

Related Missouri Injury Law Articles:

Motorcycle Injuries on the Rise: Causes, Prevention, and Resolution

St Louis Missouri Motorcycle Accident Lawyer - Cases in the News

Continue reading "Motorcycle Deaths Rise in States that Repeal Helmet Laws " »

If you've ever picked up a paper or watched cable news you've surely heard heated debates regarding the importance of tort "reform". Some commentators (usually lobbyists bankrolled by major insurance companies) will launch into a tirade about the large and unfair verdict jurors force doctors and hospitals to pay for negligent care. These same people allege that the broken legal system is to blame for the ballooning cost of healthcare in this country, what with doctors practicing defensive medicine and paying exorbitant insurance fees. The fact is insurance company profits and operating expenses have far more to do with the healthcare problem than an occasional verdict meant to compensate an injured plaintiff.

The numbers, provided by the Center for Medicare and Medicaid Services, a government agency, are shocking. In 1960, the United States spent a grand total of $27 billion on healthcare. By 1998, this number rose fifty fold to a breathtaking $1.2 trillion. Defying all sense of proportion (and belief), the number kept on rising, more than doubling to $2.6 trillion by 2010, only a little more than a decade later.

According to Kaiser Healthcare (a major national health insurance provider), at least 7% of the 2.6 trillion dollars goes towards insurers in the form of profits and administrative expenses. This means according to the insurance industry's own numbers, almost $200 billion goes to pay their profits and overhead costs.

According to an article in the New York Times from a few years back the consulting firm Towers Perrin says that medical malpractice tort costs amounted to $30.4 billion in 2007. While that may seem like a lot of money, and it is, a little perspective is needed. That $30.4 billion is out of a total $2+ trillion in healthcare spending. That means the litigation costs associated with malpractice claims contribute between 1 and 1.5 percent of total medical costs. Out of that large of a pie the med mal money barely amounts to a rounding error.

Putting aside the fact that the sheer numbers are insignificant to the vastly larger healthcare system, it's important to note that the verdicts that make up some of those med mal costs do a lot of good for some terribly injured people. Such cases allow victims of life altering medical accidents to be compensated for their injuries and to avoid having to go on government welfare programs. Moreover, the verdicts handed down by juries across the country help ensure that doctors pay for their mistakes, one way of ensuring that quality stays high by holding the healthcare system accountable for its mistakes.

If you or some you know has become sick or injured because of a doctor failing to provide an appropriate level of care, you need the help of a St. Louis injury attorney experienced in medical malpractice to help protect your rights and recover damages for your injury. Contact med mal attorney Ben Sansone today for a free initial consultation at (314) 863-0500.

Source: "Would Tort Reform Lower Costs?," by Anne Underwood, published at NYTimes.com.

See Our Related Blog Posts:

Harvard University Statistics Prove Medical Malpractice and Tort "Reform" Myths are Wrong

Much is lost in translation in Missouri hospitals

With over 10 years of practicing as an accident attorney handling Missouri motorcycle accidents, I often see what most people know, injuries sustained in a bike accident are generally much more sever than when a car crash occurs. Though it sounds simple, one very easy way to reduce the number of motorcycle accidents is to be more aware of the traffic surrounding your car. Something as small as paying attention could save a motorcyclist's life. Yet another in a long line of tragic accidents took place recently in Mexico, Missouri and resulted in the death of one man.

Officers have said that a motorcycle, driven by 48-year-old Michael Woodruff and carrying 41-year-old Kimberly Holmes, hit the back of a pick-up truck, driven by 52-year-old Harold Welschmeyer. Woodruff is now dead and Holmes is in the ICU. Around sundown, Mexico police officers responded to calls about a crash at Highway 22 and Curtis Street.

Officers have said that the truck was slowing while attempting to turn left when the motorcycle struck the rear of the truck. The motorcycle caught fire following the accident but was easily extinguished by emergency responders. The driver of the truck was not injured in the wreck and word on Holmes' condition has not yet been released.

Tales of such tragic accidents can make the idea of going for a ride seem like a death wish. While that's of course not true, there are far too many things that can go wrong when riding. The fact remains that motorcyclists are far more exposed than those in vehicles and lack any real protection, making them significantly more vulnerable to death or serious injury.

It is estimated that 100,000 motorcyclists were injured in motorcycle crashes last year, The GHSA said that preliminary numbers reported by states indicate that motorcycle fatalities remained at about 4,500 in 2011, close to the same level as 2010. The National Highway Traffic Safety Administration (NHTSA) says that, after declining in 2009 for the first time in 12 years, traffic accidents resulting in motorcyclist deaths increased slightly in 2010 to 4,502. The GHSA surmises that the increase in deaths occurred due to more people buying motorcycles as the economy improved in 2011 and 2012. Higher gas prices also contributed to the increased demand for bikes.

Given this uptick in demand it's crucial that drivers be on the lookout for those on the road who are more likely to be harmed in the event of a collision. Motorcycles are less safe than enclosed automobiles as they are less visible and less stabile than their four-wheeled counterparts. That does not mean that other motorists do not owe bikers a duty when they are out on the road. It is a driver's job to exercise due care and attention, and if they fail to live up to that duty, they should be held responsible for the consequences, such as paying medical bills, lost wages or damages for a wrongful death.

For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our St Louis Missouri accident attorneys today at 1-314-863-0500.

Source: "Fatal motorcycle crash under investigation," by Kate Lauman, published at ConnectMidMissouri.com.

See Our Related Blog Posts:

Missouri ranked 16th highest number of injury deaths

Failure to use turn signals contribute to 2 million car accidents each year

We've all read about the multitude of dangers associated with distracted driving and how risky the behavior can be for everyone on Missouri roadways. But what about distracted walking?

According a recent article in the publication Injury Prevention, the injury or death rate of pedestrians distracted by their electronic gadgets - headphones, cell phones, and iPads - who are hit by moving vehicles has tripled in the United States since 2004.

One of the most vulnerable groups are those listening to incredibly loud music. Pedestrians wearing headphones or ear buds can become so absorbed in their activity that they completely forget about what's going on around them, just like distracted drivers engrossed in text messaging. When distracted, pedestrians are more likely to walk slower, not pay attention to traffic before crossing a road, and are more likely to walk in front of an oncoming vehicle.

Researchers dealing with the issue of distracted walking at the University of Maryland reviewed 116 incidents that occurred from 2004 to 2011 in which injured pedestrians were found to have been using headphones. The mortality rate was shocking: 70% of such accidents resulted in death. The study also revealed that there is one particular group that is most likely to engage in distracted walking: young males. More than two-thirds of victims of these accidents were males under the age of 30.

As our ever-increasing array of tools for distraction increase, so does our risk of possible injury. Drivers and walkers alike enter their own world and forget about the one around them, the one where innocent bystanders can have their lives changed in an instant due to careless actions. As children are set to begin their summer breaks now's an important time to remind kids about the dangers of both distracted driving and distracted walking or bike riding. Take the following tips to heart if you're a driver or a pedestrian.

Drivers:

Make sure to pay special attention to bicyclists and pedestrians, even if they appear to be safely off the road.

Avoid distracted driving. That means no texting or email checking while cruising down the road.

When you're in residential neighborhoods watch your speed, children can dart out into the road at any time, leaving you only seconds to come to a complete stop.

As always, yield to pedestrians in crosswalks.

Pedestrians:

You too have to avoid distractions such as talking, texting, and wearing headphones. Be aware of your surroundings.

Stop and carefully look both ways before crossing the street.

Follow posted traffic laws and pay special attention on busy roadways.

Try hard to make eye contact with drivers to ensure that they know you are there.

Multi-tasking on our roadways whether in a car or on foot is dangerous activity and we should all work to reduce the instances of accidents that occur as a result. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Jefferson County car accident attorneys today at 314-863-0500.

Source: "Headphone use and pedestrian injury and death in the United States," by Richard Lichenstein, published at InjuryPrevention.BMJ.com.

See Our Related Blog Posts:

The biggest driving distraction might just be... your car?

Missouri Takes Aim At Distracted Driving

Accident attorneys must prepare every case as if it were going to go to trial. However, in Missouri and most other states, the majority of personal injury lawsuits settle prior to an actual trial. Medical Malpractice cases, however, must be strong cases or the defense will likely force a trial on the issue, especially since juries generally favor hospitals and doctors and often forgive negligence by healthcare providers. A recent study by the AMA claims medical malpractice cases rarely make it to trial; however, my experience has been if you do not have an extremely strong claim handled by an experienced medical negligence attorney, the case will likely go to trial.

A recent study published in the American Medical Association's issue of Archives in Internal Medicine says that medical malpractice claims across the country rarely ever make it in front of a judge. The lead researcher of the study, Dr. Anupam B. Jena, used date from cases closed between 2002 and 2005. Only those cases that involved a cost to the defense were studied, meaning the cases that went past the introductory Complaint stage of the lawsuit process.

The final results of the study indicate that while medical malpractice claims usually go begin to make their way through the litigation process they seldom make it all the way to trial. Unfortunately for plaintiffs, the study found that of those that do make it to trial, they are typically resolved in favor of the physician.

Most interestingly, the study showed that there were variations in the frequency of final-stage litigation between various medical specialties. Overall, 54.1% of all medical malpractice cases between 2002 and 2005 that involved some defense costs were dismissed by courts. The difference in rates of dismissal for various specialties is even more surprising: 61.5% of claims against internists were dismissed as compared to only 36.5% of cases against pathologists that were dismissed. Again looking only at those two specialties, 33.3% of claims against internists were settled prior to heading to trial while 46.9% of claims against pathologists were dispensed with before ever going in front of a judge.

Though the new statistics make for interesting reading, the underlying message of the study is nothing new. The vast majority of lawsuits and criminal prosecutions never make it to the final stage of the litigation process. The way our legal system works requires that the bulk of the cases be settled or otherwise resolved prior to trial. If not, the court system would not be able to handle the resulting backlog of cases. The study does indicate differences in conducting med mal claims against doctors of various specialties, something that skilled Missouri med mal attorneys should be aware of.

An experienced Missouri medical malpractice lawyer would use this information to help prepare for his next major medical malpractice case. If you or some you know has become sick or injured because of a doctor failing to provide an appropriate level of care, you need the help of a St. Louis injury attorney skilled in medical malpractice to help protect your rights and recover damages for your injury. Contact med mal attorney Ben Sansone today for a free consultation at (314) 863-0500.

Source: "Most medical malpractice claims litigated, but few go to trial: Study," by Judy Greenwald, published at BusinessInsurance.com.

See Our Related Blog Posts:

Much is lost in translation in Missouri hospitals

Defective Defibrillator Sparks Fear Among Missouri Heart Patients

A personal injury lawyer has settled a lawsuit initiated by the parents of a Texas boy who sustained serious injury in a car accident. The offending driver is a restaurant patron and is alleged to have been drunk at the time of the accident. The parents of the young boy, who is now six years old, sought $10 million in the personal injury case, with some of the money coming from the establishment serving the man alcohol and some of personal injury money from the offending driver himself. The restaurant was a branch of franchise, Applebee's which is based in Kansas City, Missouri, and the final personal injury settlement amount was undisclosed. See Missouri Dram Shop Laws regarding liability of the restaurant for over serviung the drunk driver.

The lawsuit accused the restaurant of serving the customer with around 23 drinks in a period of time said to be under two hours. The man then got behind the wheel and proceeded to drive home, crashing into the family's car en route. The family's lawyers stated that the law firm's investigation into the car accident was a key component in securing the compensation they were looking for. The personal injury lawyer's investigation was one of incredible depth, and they managed to collected a great deal of evidence for case, including the drunken driver's receipts showing that he paid for almost two dozen drinks over the two-hour time period.

A parallel investigation undertaken by the police determined that, at the time of the car accident, the man's blood alcohol level was more than three times the legal limit, which is around 0.08 per cent. The family instigated legal action against both Appleby's and the driver for the serious personal injuries which their son sustained in the car accident. It transpired that the driver was a repeat DWI offender, and he now faces criminal charges in relation to the crash with a criminal trial pending as a result of his reckless actions. At this stage, medical examinations suggest that the young boy sustained damage to around 80% of his brain in the car accident, a diagnosis which has meant that his family incurred astronomical medical expense bills and will likely continue to do so as the boy grows older.

The lawsuit initiated for $10 million will go towards covering for round-the-clock medical care, future loss of earnings, pain and suffering and also mental anguish, all of which are quite typical of such serious personal injury cases. As is the case with a number of states, there is legislation in places called the Dram Shop Act which means that damages can be claimed from businesses who are guilty of servicing excessive quantities of alcohol to customers which later get involved in incidents such as car accidents. The family lawyer stated to reporters covering the case that the settlement is a reminder to establishments which have a licensed to serve alcohol to do so responsibly and carefully. He went on to state that the family of the young boy would be buying a specially modified van for transport and also a round-the-clock nurse in a bid to make the boy's life as comfortable as possible.

On April 17, 2012, a drunk driver was speeding down Missouri Route 364, the Maryland Heights Expressway, collided with the rear of another vehicle causing the van he was driving to flip over several times before coming to a stop. The St Louis area drunk driving crash needlessly resulted in the death of several of the passengers. As usual, the drunk driver survived.

Just recently, drunk driving injury attorney Ben Sansone filed a wrongful death lawsuit against the driver. See PETITION - St Louis DWI Wrongful Death Accident. The lawsuit was filed on behalf of the family of the 17 year old female passenger and against the driver for compensatory and punitive damages in excess of 10 million dollars. The driver has not been criminally charged yet, however, we expect St Louis County to file felony charges in the near future.

The tragic deaths of the teenage passengers were reported by local news outlets:

KMOV: Teen dies after rollover wreck on Highway 364

STLToday.com: St. Charles man arrested for DWI in fatal crash in Maryland Heights

CBS News: Caseyville Man Killed In Hwy. 364 Crash

The Clayton personal injury firm of Sansone / Lauber routinely handles drunk driving related injuries from car accidents, bike accidents, and truck accidents. See Drunk driving law for recent blog article related to personal injury and drunk driving accidents. Contact us at (314) 863-0500; via email, or online.

Aggressive pursuit of these cases is important for many reasons. The victims or their families need to be involved in the criminal process, through victim advocates and their personal lawyer, to make sure the State takes the victim's interests into consideration when making major decision ont he handling of the criminal case. Additionally, drunk drivers often have low insurance limits, therefore, it is important to have an experienced DWI injury lawyer investigate additional sources of insurance through negligent entrustment or Missouri dram shop laws.

Case Example of why expert legal representation is required in these matters:

We currently represent a Wentzville biker that was struck and almost killed by a drunk driver. The driver was charged with DWI and failure to maintain a safe distance when passing a bike. The driver plead guilty to the charges, therefore, he cannot contest that he was drunk in the St Charles bike injury case because he admitted his intoxication when he plead guilty. However, about 6 months after the driver entered his plea of guilty, his criminal defense attorney filed a motion with the court to amend his plea of guilty to an "Alford Plea" commonly known as a "No Contest plea". The only party the criminal defense lawyer is legally required to give notice to about this motion is the prosecutor's office, not the victim or his personal lawyer, me! Luckily, my office monitors these types of things and caught the motion and will be at court to represent the victim to try and prevent this amendment. Why is this important you may ask? As stated above, in the civil case a guilty plea is admissible as an admission of guilt, i.e. the driver admitted he was drunk. However, a "No Contest" plea is technically not an admission of guilt. Therefore the drunk driver can attempt to deny his intoxication despite entering into a plea deal on the criminal side. A very sneaky move by the defense, however, since we expect these types of slimy moves we were able to catch it before it could have done any damage to the civil personal injury case.