Missouri Injury Law Blog

We have all heard the word frivolous to describe lawsuits, particularly medical malpractice lawsuits, and usually it is by one political group describing all lawsuits they do not like. Fact is, a "frivolous lawsuit" means a lawsuit without legal merit or factual merit. Study after study shows that the vast majority of cases filed are not "frivolous" and the ones that are, are dismissed early on by the Judge because they lack factual and/or legal merit. Additionally, rising insurance rates is the other excuse to enact reforms to curtail lawsuits, another myth.

A recent report from the consumer advocacy group Public Citizens, indicates that payments associated with medical malpractice claims hit a record low in 2011. The group said that the number of malpractice payments on behalf of doctors (9,758) was the lowest since 1991, the first full year that data was collected. This represented the eighth straight year of a decline in the number of payments. The average size of medical malpractice payments (approximately $327,000) amounted to $3.2 billion. When adjusted for inflation, this figure also comes in at the lowest amount on record.

The organization was quick to note that this reduced number of payments does not mean that patients should assume medical care has gotten correspondingly safer. Instead, the report should be seen as evidence that doctors are increasingly practicing defensive medicine to avoid litigation and working hard to avoid reporting incidents to the database at all.

The data collected by the group found that most lawsuits are not frivolous, as many opponents to medical malpractice lawsuits often insist. Instead, it found that 80% of payments are for cases involving either med malpractice death or catastrophic harm. The report further indicates these lawsuits do not contribute to the increasingly enormous cost of healthcare these days. Public Citizen found that med mal litigation costs came to only a tiny fraction of total national healthcare spending in 2010, 0.36% in fact.

The report also calls into question the accuracy of the National Practitioner Data Bank, where such reports of medical malpractice payments are compiled. The group says many instances of disciplinary action and money paid to patients are never recorded in the database. For instance, in cases that have settled it's possible to remove the physician's name from the case entirely, shielding the doctor from reporting the incident. Brian Atchinson, current president of the Physician Insurers Association of America (PIAA), said this kind of underreporting is increasing. Even the director of the NPDB, Cindy Grubbs, admitted that the practice is happening. She told one reporter that she's aware that doctors are dismissed before settlements are reached as a way to avoid reporting the payment on their medical record but said that the NPDB has "no way of knowing how often it occurs."

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: "Malpractice payments hit record low," by Karen Cheung, published at FierceHealthcare.com.

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Some of the victims have already filed civil lawsuits arising from the tragic attack at the batman showing in Aurora Colorado. See James Holmes Massacre First Lawsuit. According to this particular victim's personal injury lawyer, he sees three defendants:

1. the theater for negligent security;
2. the gunman's doctor for not properly monitoring him; and
3. Warner Brothers because the film was particularly violent.

The first claim, negligent security, may have merit, however, the second two claims are absurd. As a St Louis lawyer that has handled negligent security cases in the past, I believe the best argument is against the theater for negligent security. However, this is still a very difficult case to pursue. I am not certain about Colorado law, but under Missouri law the Plaintiff must show that the maintenance, functionality, or security of the door was negligent and the crime was also foreseeable. How is foresee-ability proven? Typically through experts that rely on crime statistics for that specific property and in the general area. For example, what was the rate of violent crime in the area? If there is a high rate or above average rate of violent crime, then maybe violent crime was foreseeable, thus the shooting was foreseeable and better security measures should have been in place.

Additionally, was the outside door the shooter entered through a security door? In Missouri under the case Keenan v Miriam Foundation, the Plaintiff does not have to establish prior violent crime if the Defendant assumed the duty to provide exterior security doors.

"One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person or his things, for physical harm resulting from his failure to exercise reasonable care to protect his undertaking, if:

(a) his failure to exercise reasonable care increases the risk of such harm,
or
(b) he has undertaken to perform a duty owed by the other to the third person,
or
(c) the harm is suffered because of reliance of the other or the third person upon the undertaking."

Therefore, once a duty is assumed there is an obligation to reasonably fulfill that duty. So did the movie theater know of prior crime or problems with that outer door? Were they aware of people in the past bypassing that door from the inside or outside? See, Legal elements of 3rd party criminal act injury cases. See also, Missouri Law on Suing a Property Owner for Negligent Security after a Criminal Attack - Assumption of the Duty , also see, Defective and Unmaintained Security Doors - Rape of woman inside her own apartment.

Lastly, the theater has a strong defense based on an unforeseeable attack. The attacker went through such extensive preparation and planning that the defense will argue that the victims were targeted months in advance and that a higher level of security would not have prevented this crime, and that the attacker would have just found another was to pull of his scheme.

Can the negligent security claim be successful? yes, but it depends on a lot of evidence that we do not know about yet. A far as the other two claims, they will likely be dismissed by the court long before they ever get in front of a jury.

Continue reading "Batman Movie Shooting Lawsuits - Can they be Successful? " »

Many Missouri and Illinois accident lawyers, including myself, often refer to Texting and Driving or distracted driving from the use of the web or email function on a cell phone the new drunk driving. Some studies have shown that testing and driving is more dangerous and causes more car accidents than drunk driving. See Injury Attorney article: Driving While Texting or Driving While Intoxicated...Which is Worse?

By now many of us have either heard or had the opportunity to experience Apple's helpful gadget dubbed "Siri." The technology company had a major announcement about everyone's favorite helpful robot, but it had nothing to do with the iPhone.

The company instead said that Siri would shortly be coming to a steering wheel near you. Several car companies have signed on to implement the new "Eye's Free" feature in their vehicles. These companies include several of the big boys: BMW, General Motors, Toyota, Mercedes-Benz, Honda, and Audi. The carmakers will allow drivers to integrate Siri with their car's electronic systems and thus be able to access Siri through a steering wheel-mounted button.

Given this integration, it seems likely that such devices will also allow people to sync other features of their Apple products with their vehicles. This could include music, calling features, maps, text messaging and email, all with the helpful, voice-activated assistance of Siri.

Some believe such a system would be welcome to drivers who grow tired of having to manually enter in their destinations in the GPS. By making use of Siri's natural language voice control system, drivers will supposedly be better able to keep their hands on the wheel and their minds on the task at hand, thus limiting the dangers associated with distracted driving.

Apple never got around to mentioning what, if any, restrictions would placed on Siri's use in the car. Currently, Siri can be used to read and send text messages, get directions, find restaurants and movies, play music, get weather reports, answer random questions as well as a multitude of other tasks. This plethora of entertaining possibilities could become a liability rather than a benefit to drivers as the door becomes open to even more distractions.

Some see this a proof that the auto industry is working hard to crack down on distracted driving. Just a few weeks ago, U.S. Transportation Secretary Ray LaHood issued a blueprint for ending distracted driving. Much of the burden was placed on the automakers to help craft solutions to reduce distractions while behind the wheel. The question remains whether the benefits of Siri will actually work to reduce distractions or if it will instead pose many of the same threats to drivers.

The tragic consequences of distracted driving are why we at Sansone / Lauber repeatedly stress vigilance and awareness while operating motor vehicles. It only takes one or two seconds of distraction to cause irreparable harm to yourself and others. For information on how to protect your legal rights if you or a loved one has been seriously injured, call one of our Missouri car accident attorneys today at 1-314-863-0500.

Source: "What Siri's 'Eyes Free' feature means for cars," by Liane Yckoff, published at CNET.com.

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In an attempt to try and prevent car accidents, a number of auto manufacturers have started to put fancy new crash avoidance technologies in vehicles. Early on these new technologies were only in luxury vehicles, but now the systems are starting to be introduced into mainstream vehicles. However, while some technologies appear to be reducing the number of motor vehicle accidents on Missouri roadways, others don't seem to have had much of an impact at all.

According to CNN, a study conducted by the Highway Loss Data Institute that looked at insurance claims that were connected to these technologies found that some are working better than others. For example, when it comes to adaptive headlights, which are headlights that shift while steering, there was as much as a 10% decrease in property damage claims. According to the study, the data for personal injury claims also showed a significant decrease. Adaptive headlights on Acura, Mazda, Mercedes, and Volvo vehicles performed better than expected, and were found to reduce collisions by as much as 10 percent, significant considering only about 7 percent of police-reported crashes occur from 9 p.m. to 6 a.m. and involve more than one vehicle.

Another promising technology was the forward collision avoidance systems. These systems warn drivers as they are approaching an object that could result in a car collision and injury. In some systems, if the driver continues toward the object, the brakes automatically engage. The HLDI found that the technology reduced the frequency of collisions, especially if the vehicle was equipped with auto braking. Acura and Mercedes vehicles equipped with auto braking systems were 14 percent less likely to get into accidents.

The less than impressive safety systems include the lane departure systems, which alert a driver to drifting. The data shows that there has actually been an increase in claims as a result of its introduction. The HLDI found that lane departure systems, particularly on Buick and Mercedes vehicles, caused more accidents than they prevented, though not in a statistically significant way. The Institute has said it will need to look into what is responsible for the increase.

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 car accident attorneys today at 1-314-863-0500.

Source: "New auto safety technologies appear successful," by James O'Toole, published at CNN.com.

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Passenger vans are common sights on roadways across Missouri during the busy summer months. Colleges, church youth groups, camps and others keep the vehicles full. The National Highway Traffic Safety Agency ("NHTSA") recently urged the users of such 15-passenger vans to take certain steps to keep drivers and passengers safe from van accidents as the vehicles hold a special danger if not operated properly.

These larger passenger vans handle very differently from smaller passenger vehicles because they are typically longer, higher, wider, and heavier (especially when fully loaded). They require trained drivers who are comfortable and experienced with the unique driving challenges associated with larger vehicles. Some of these differences include a greater reliance on side mirrors and the difficult job of changing lanes and longer brake distances. Passenger vans also have a higher risk of crashes and rollovers if they are not properly operated.

These vans are especially sensitive to improper loading which is why the NHTSA warns that drivers should never overload the vans, no matter what. Users should make sure that the tires are inflated and have been inspected before any major trip. Spares should never be used as long-term replacements given the special dangers of such vans.

The NHTSA provided the following list of tips if you're planning a trip using such a passenger van in the near future:

• Owners should make sure that drivers are properly licensed, well trained, and experienced in operating passenger vans.
• Drivers should be well rested. Fatigue can affect driving and response times.
• Vehicle weight should never exceed the Gross Vehicle Weight Rating.
• Drivers should inspect the vehicle before every trip. Tires should be properly inflated and should not show signs of wear or damage.
• Passengers should be warned not to stand up or move about the vehicle while the van is in motion.

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 accident attorneys today at 1-314-863-0500.

Source: "Consumer Advisory: NHTSA Offers Tips for Safe Travel in 15-Passenger Vans," published at HNTSA.gov.

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The U.S. Consumer Product Safety Commission (CPSC) recently announced that the number of people who die or are injured using ATVs each year is on the rise and put out a special request that riders stay safe on the trails this summer.

The summer is an incredibly dangerous time for ATV riders and statistics show death and injury rates skyrocket as the temperatures increase. On average for 2004 to 2006, the deaths of children younger than 16 rose a shocking 65% from March to April. Adult deaths rose 85% over the same period. The peak of ATV-related injuries occurs in July and the CPSC is trying to put the word out early that drivers must stay aware of their surroundings and practice safe ATV driving habits to avoid a similar rise this summer.

On average, each year from 2004 to 2010, there were nearly 700 ATV-related fatalities. Each year also saw close to 136,000 injuries that required emergency room visits. Though these thankfully did not result in death, many such injuries can be life altering.

This year alone the CPSC says that it has received reports of some 130 adults and 28 children under the age of 16 who have died in ATV-related incidents across the country. The busy summer holiday season sees a huge increase in the number of ATV accidents and this year is off to a bad start with the Memorial Day holiday weekend alone accounting for the deaths of 14 adults and 3 children. The government is urging caution while out on the trails as the July 4th holiday weekend is coming up.

Most of the deaths and injuries occur when an inexperienced driver loses control of an ATV, is thrown from an ATV, overturns the vehicle, or collides with a fixed object. Those drivers with more than on year of experience operating an ATV have dramatically lower risk of injury and death than brand new drivers. Practice really does help in the case of ATV accidents as drivers develop comfort behind the wheel and experience with how to properly operate the device. Off-road driving is very different than cruising down the street and, as such, it requires special training to understand how to best operate an ATV.

The CPSC offers the following tips to help riders have a fun and safe riding experience this summer:

• All ATV drivers, whether young or old, should take a hands-on ATV safety course from a certified instructor.
• Always, and this can't be stressed enough, always wear protective gear, especially a helmet.
• Do not put more people on an ATV than is recommended. If you're driving a single-rider ATV do not carry a passenger.
• Do not drive ATVs on paved roads. Though this may seem like odd advice, ATVs have solid rear axles, which makes turning on paved surfaces difficult and dangerous. Driving on paved roads actually increases the chance that the ATV will overturn.
• Do not allow children younger than 16 years old to drive or ride on adult ATVs. Children younger than 16 years old lack the skills to safely drive such a vehicle and more than 90% of all injuries to children occur from their presence on an adult ATV.
• Finally, children younger than 6 should not be on an ATV at all.

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: "Annual Rise in Summer ATV Deaths Prompts CPSC to Urge Safety on the Trails," published at CPSC.gov.

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One new social networking company is setting out with pretty lofty goals: help reduce fatal mistakes in the medical industry. They say that good communication between health care professionals goes a long way toward preventing the errors that can result in medical malpractice claims. A new service known as Doximity, will allow doctors an opportunity to meet their need for communication with other medical professionals.

Doctor errors are the fifth most common cause of death, and miscommunications between doctors often lead to these fatal mistakes. According to the co-founder of LinkedIn - and founder of Doximity - one of the goals of the social network is to improve communication between doctors to prevent communication breakdowns that lead to medical errors. The hope is to improve patient care overall and to ultimately save lives.

Unlike other popular social networking sites, Doximity was built exclusively for doctors and other health care professionals and intends to stay exclusive. This feature will enable doctors quickly to find valuable information, which the network's advocates believe could help prevent a patient's injury or death by allowing doctors to contact their fellow physicians and other medical experts within the Doximity network. The service also allows doctors to send encrypted messages to each other that comply with federal and state privacy laws such as HIPPA. As it stands right now, doctors often have to resort to less efficient means of communication, like a fax or a pager, because HIPPA and other laws limit their ability to share a patients' medical information by other means.

The service appears to be off to a good start with over 700,000 physicians already signing on. While the service is promising, it remains to be seen whether Missouri doctors will sign on in droves and whether this will actually lead to fewer unnecessary deaths among patients. Poor communication is, after all, only one possible why doctors make serious and sometimes fatal 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 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: "Doctors' Social Network Can Help Save Lives: LinkedIn Co-Founder," by Cadie Thompson, published at CNBC.com.

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Given that June is National Fireworks Safety Month and many are looking forward to a July 4th break and the ensuing fireworks displays, now's a good time to discuss the many dangers the flashy products present. Though there are many kinds of fireworks which are legal to possess, this does not mean they are risk free. According to one study by the U.S. Fire Administration, at least 92% of all fireworks-related injuries each year are caused by legally purchased fireworks.

Those at most risk for injury are, not surprisingly, young children. Children under age 15 are at the highest risk for fireworks injuries. Their love of the bright lights attracts them but they are often too young to understand they danger they present. Even seemingly safe hand-held fireworks can cause serious burns as some sparklers can reach temperatures of 2,000 degrees Fahrenheit while burning, hot enough to melt copper. For children under the age of five, sparklers accounted for the largest number of estimated injuries, 36 percent of the total injuries in that age group.

During the 30 days surrounding July 4, fireworks sent about 1,900 injured consumers to emergency rooms. The Consumer Product Safety Commission's statistics show that in 2010 about 8,600 consumers ended up in hospital emergency rooms due to injuries involving legal and illegal fireworks. In 2011, 9,600 people were treated in emergency departments for firework-related injuries, an increase of 1,000 injuries in only one year. The CPSC's annual death and injury report on fireworks also indicates that approximately 40% of estimated injuries occurred to children younger than 15 years of age. In addition, CPSC received reports of three fatalities related to fireworks.

The part of the body most often injured were hands and fingers (estimated 2,900 injuries), eyes (1,100 injuries), head, face, and ears (1,100 injuries), and legs (700 injuries). The products that cause the most harm include sparklers (1,100), firecrackers (800), and bottle rockets (300). The major causes of injuries are due to delayed or early fireworks explosions, bottle rockets that go off course, falling debris from exploding fireworks and mishandling sparklers.

The Consumer Product Safety Commission recommends the following tips to ensure you and your family stay safe this holiday season:

• Never permit young children to play with or light fireworks.
• Avoid buying fireworks that are in brown paper which is a sign that they were designed for professional displays and could present special danger to your family.
• Always have an adult supervise fireworks activities.
• Never place any part of your body directly over a fireworks device when lighting the fuse. Once a device has been lit, make sure to back up a safe distance.
• Never try to re-light or look at fireworks that have not ignited fully.
• Never point fireworks at another person.
• After fireworks have been lit and exploded, pour plenty of water on them before throwing away to prevent a possible trash fire.

If you or someone you love has been injured by fireworks this year, don't hesitate to call one of our Missouri personal injury attorneys today at 1-314-863-0500.

Source: "Dangers of back yard fireworks: Safety tips," by Kim Wendel, published at WKYC.com.

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The presence of inspectors from the Occupational Safety and Health Administration (OSHA) at a company's door is usually the cause for concern for employers. A new study out of Harvard Business School finds that this probably shouldn't be the case. The data suggests that regular inspections by OSHA actually help employers reduce their workers' compensation claims and actually add money to their company's profits. This is great news for Missouri workers as many preventable workplace injuries occur everyday. Hopefully word that OSHA's presence actually helps employers too can help increase their presence and effectiveness in offices across the state.

The research was co-authored by professors from Harvard Business School and the UC-Berkeley School of Business. The researchers started their study by examining several of workplace safety inspections that were conducted by the California branch of the OSHA, and focused on the impact of these inspections on workers' compensation claims and costs.

The study, Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss, found that when OSHA conducted safety inspections, it actually reduced the number of injuries that occurred in the workplace, helping employees and, in the long run, employers. This is because a reduced number of injured workers result in a reduced cost to employers for time spent out of work and the expenses associated with workers' compensation claims.

The study also showed that there was no detectable harm to the company's profits as a result of any of the OSHA inspections. On the contrary, the researchers say that frequent inspections by OSHA could actually help boost a company's profits, because the company would be consistently spending less on workers' comp claims.

The study showed that certain high-risk industries that had the highest number of injuries were the ones that benefited most from frequent inspections. Workplaces that were placed under regular inspection by OSHA were able to reduce their workers' compensation claims by a surprising 39.4%. These same high-risk companies were also able to save 26% on their workers' comp costs over the span of the four-year study. On average, researchers found that companies that had been through the regular inspection process were able to save as much as $355,000.

Employers should be looking closely at the results of the study. As the study indicates, it makes clear business sense for employers to be investing in work place safety, and, as hard as it is to believe, actually looking forward to inspections by OSHA. The company's bottom line can benefit as well as the safety and security of workers. Truly a win-win.

As Saint Louis workers' compensation attorneys we routinely see the devastating aftermath of accidents at the workplace and worry about protections for employees being diminished. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Missouri accident lawyers today.

Source: "Researchers: OSHA Inspections Saving Employers Billions," by Sandy Smith, published at EHSToday.com.

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Below is a Guest Author post regarding what to do after a hit and run collision. Missouri Hit and run car accidents carry with them unique problems and issues that need to be addressed early on. Identification of the driver or vehicle, witnesses that can confirm the hit and run, and applicability of UM (Uninsured Motorist) coverage to cover harms and losses caused by the hit and tun driver. See Missouri Uninsured Motorist Accident article.

GUEST ARTICLE:
Being involved in an automobile accident can be stressful, and this is even more so when you are the victim of a hit and run accident. Unfortunately, this is a frequent occurrence that often takes place when the other driver is either intoxicated or does not have insurance. There are some measures to take so that you can preserve your rights and potentially recover any losses you are entitled to.

Take Care of Yourself

The most important thing to consider when you are involved in a hit and run automobile accident is your own injuries. While it may be tempting to follow the other vehicle, you could end up making matters worse if you were hurt during the impact. If you suspect injuries, call for emergency services and remain at the scene until help arrives.

Gather Information

If you are able to make notes, this can help you provide information to police about the hit and run driver. Write down as much information as you can about the other vehicle so police will have a basis for their investigation. This can also be helpful later, as you may need to file a formal report in order to recover damages under your own insurance policy.

Try to locate any witnesses as soon as possible. Ask them to write down the information they observed and give it to law enforcement. Make sure to get the names and addresses of these witnesses in the event they need to be contacted for additional information.

File a Claim

Most insurance companies include a provision that kicks in whenever a policyholder is involved in an accident and the negligent party is uninsured. In a hit and run accident, this provision can often be used to cover your medical expenses and any damage that occurred to your own vehicle. It is important you talk to your agent as soon as you can after the accident in order to begin the claims process. Expect to provide a claims adjuster with a written or oral statement, which may be taken under oath. The claims adjuster may also want information about the hit and run driver, so passing along witness information might also be necessary.

Consult an Attorney

You may feel it is unnecessary to contact an attorney when you have done nothing wrong. In instances of a hit and run accident, there are several reasons why you may need to do so. You should not assume that because you were not at fault, that you will have no problems with your insurance company or law enforcement officials. Some reasons why it may be necessary to contact an attorney include:

• Making sure the insurance company treats you fairly
• Initiating a tort action against the at-fault driver should he or she be located
• Filing disability claims if the accident resulted in long-term health issues

Hit and run accidents can be devastating for those who are victims of these unscrupulous drivers. Thinking about how to handle the situation before it occurs can make you better prepared to deal with the stress associated with a hit and run accident.

Thomas Hall is a freelance blogger who writes for http://www.kanetix.ca, a car insurance company that can help if you were the victim of a hit and run. If you are looking for car insurance in Alberta, Thomas recommends looking into Kanetix.