Missouri Injury Law Blog

As a medical malpractice attorney, I am well aware of the tort reform arguments that doctors are forced to perform unnecessary tests because of personal injury lawyers and medical negligence claims. Simply put, if it is medically necessary and the symptoms require further testing then do it, if not, then then don't do it. It is not complicated. A recent opinion piece argues that more tests lead to more injuries. In a recent op-ed in The New York Times, Dr. Sanjay Gupta explored the relationship between the increase in treatments and tests ordered by many doctors and the possibly corresponding rise in the number of medical errors made by doctors. These medical mistakes, many of which can be life threatening to patients, might be able to be avoided if doctors simply stopped ordering unnecessary medical treatments.

Medical errors, often caused by doctor or hospital negligence, are a serious concern all across the country. In 1999, the Institute of Medicine reported that approximately 98,000 people died each year as a result of medical errors. Gupta discussed figures that are more recent and says that he believes about 200,000 people die each year because of medical mistakes. Gupta says that if those figures are accurate, it makes medical mistakes one of the leading causes of death in the United States.

Gupta points out the fact that as the number of treatments and tests performed increase, the likelihood of physician errors also rises. He says that many people would be surprised to know that doctors routinely request tests or treatments that they know are unnecessary. According to one recent survey of orthopedic surgeons, of all the tests they order to be performed on their patients, 24% are not "medically necessary." Gupta says that the danger of such overuse of things like CT and MRI scans can lead to false positives and unnecessary operations. Along with these unnecessary procedures comes the risk of complications, including infection and bleeding.

To avoid these potentially deadly mistakes, hospitals have tried to implement various policies, such as completing a checklist prior to beginning surgery to avoid surgical errors such as operating on the wrong body part. Despite these efforts, medical errors continue to occur, sometimes leaving patients badly injured. More needs to be done by the medical community to reduce the unnecessary tests which can lead to unnecessary harm to patients.

Those who have suffered injuries at the hand of their doctor should be aware that legal remedies might be available to them. If you or a family member have suffered needless injury or death as a result of hospital or doctor neglect please contact the experienced Missouri medical malpractice lawyers at Sansone / Lauber by phone (314) 863-0500 or contact us online.

Source: "More Treatment, More Mistakes," by Sanjay Gupta, published at NYTimes.com.

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A Marthasville, MO truck driver was convicted last week of involuntary manslaughter for the wrongful death of two women when a bulldozer fell off his truck and crushed their vehicle. The man, Adam L. Steinmann, was found guilty for the July 8, 2009 crash after the jury deliberated for about four hours.

Prosecutors said that the reckless truck driver chose to improperly properly secure a bulldozer he was hauling and that he was driving too fast. It was this combination of reckless behavior that cost the two women their lives.

Police say that Steinmann was driving eastbound on Highway D when the bulldozer fell off his trailer. It bounced and landed on a Mercury Grand Marquis headed in the opposite direction. The driver, Judith Ulery, died 44 days after the crash and her passenger, her mother, Elsie Sherman, died nearly nine months later.

The prosecutor in charge of the case accurately portrayed Steinmann's tractor-trailer as a loaded gun with a 42,000-pound bullet in the shape of a bulldozer. The prosecution argued that the driver should have better secured the bulldozer, given that the two binders used to hold it in place were "grossly inadequate."

Beyond this failure to properly secure his cargo, Steinmann was also driving faster than the speed limit along a dangerous curve. The posted 30 m.p.h. limit applied to passenger vehicles and something as large as a tractor-trailer should have been going even slower. To top off his list of bad behavior, prosecutors demonstrated that the commercial vehicle had more than two-dozen other violations, including a flat tire and other tires that were bald.

Steinmann's defense attorney called the crash an act of fate and said the odds of the tragic accident occurring were a million to one. The problem with this reasoning is that it tries to excuse the truck driver's negligent conduct. The fact is if the driver had done his job properly there would have been no such accident. It wasn't fate, but Steinmann's actions that set the stage for tragedy.

A civil suit filed by relatives of the two women killed is pending which is not surprising given the wrongful deaths of the innocent motorists. As this report clearly demonstrates, traffic collisions that involve a commercial vehicle can be catastrophic. The large size and extreme weight of commercial trucks represents a significant danger to people in automobiles. Missouri tractor-trailer accidents and other traffic collisions that involve commercial vehicles are on the rise across the state. As evidence of this, Missouri's 2010 Traffic Safety Compendium concluded that there were 4.3% more fatal commercial vehicle accidents in 2010 than in 2009.

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

Source: "Marthasville truck driver found guilty in double-fatal crash," by Susan Weich, published at STLToday.com.

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Medical malpractice cases, at least in Missouri and Illinois, are very expensive to pursue. In order to have a good medical negligence case there must be sufficient liabilty and damages. First, liability, there must be negligence by a doctor, hospital, or other healthcare provider (for more info see: St Louis Medical Malpractice lawyer information page). Second, the damages or harm to the patient must justify the expense and cost of pursuing a medical malpractice case. Meaning the patient's injury must be significant enough to make the case economically feasible to pursue. Permanent injury is typically necessary. Below is an article submitted to my website by a guest author discussing some examples of medical malpractice. Additionally, this blog has a Medical Malpractice Category for further information and other articles on this topic.

The results of medical malpractice are at best inconvenient and at worst, tragic. When you trust yourself or a family member to the care of a certified physician or other healthcare personnel, and they in turn, treat you with negligence and carelessness, you need a personal injury attorney to protect your rights.

Medical malpractice can alter a patient's life completely and even cause death. If this happens, there should be some compensation to the person or their family to help cope with this difficult situation. This kind of case is difficult to prove, so there needs to be proof that the medical error caused permanent injury in the patient.

Five examples of medical malpractice are:

1. Negligence when giving an anesthesia - Anesthesia given to a patient who has previously had a problem with that anesthetic. The patient may suffer liver damage or even die. The anesthesiologist has not brought enough oxygen and it runs out before the surgery is finished. Because of this, the patient has cardiac arrest.

2. Negligence when delivering a baby - If there are complications during delivery and a C-section is required, the doctor must not delay. The child could develop Cerebral Palsy as a direct result of the delay. Failing to diagnose a baby with Rh incompatibility-antibodies .

3. Negligence for not diagnosing properly -- When a patient complains of chest pains, if the patient is sent home and subsequently suffers a heart attack that kills or debilitates, it would be considered medical malpractice. If the patient goes to another doctor and receives a correct diagnosis and treatment, the first doctor is still negligent; however, since the patient was properly treated and injury was avoided, there would not be any damages for which to get compensation.

A doctor failing to diagnose abdominal pain as appendicitis, with the result of the patient suffering shock and death .

Misdiagnosing cancer is also a case for medical malpractice. If a person sees a doctor about a lump or other cancer related symptom, the doctor must test for cancer. If the doctor fails to test for cancer and, because of this, it is discovered later by a second doctor that the disease has spread to other parts of the body, the first doctor is liable.

4. Negligence in prescribing medication -- If a patient's prescribed medication is inadequate or even the wrong one and the doctor does not change the medication, the result could be long-term damage or death. Even if the correct medication is prescribed, a healthcare provider may give the wrong drug. If, as a result of this, the patient suffers permanent damage from a reaction to the wrong drug, it is medical malpractice.

5. Negligence for obtaining informed consent - the doctor is responsible to get prior informed consent from patients before they give medical care including surgery, treatments and other procedures. This means the doctor must inform the patient of any possible negative outcomes due to the medical procedure such as paralysis or loss of function. An injury lawyer should be consulted so the patient, or in the case of death, the family can receive compensation from the person or institution responsible.

BIO of Guest Author:

David Benowitz is one of the founding partners of Price Benowitz LLP and selected as one of the Top 100 attorneys of Washington, DC by the National Trial Lawyers association. He has more than 13 years of experience as a Washington, DC attorney and is licensed to practice law as Maryland injury attorney. David Benowitz spent his career fighting for the rights of his clients.

For at least the last 20 years, one of the most commonly used types of rail tankers has been allowed to transport hazardous materials across the country, this despite the fact that transportation officials knew of a dangerous design defect. The design flaw all but guarantees that the rail car will tear apart in the event of an accident, thus spilling cargo that could catch fire, explode or harm surrounding residents.

One reason the issue has become more pressing is recent spike in accidents due to the greatly increased demand for ethanol, a highly flammable fuel typically transported by rail. One recent derailment triggered a massive chemical spill and explosion over the summer in Columbus, Ohio. One eyewitness said the resulting explosion was so intense that it looked like the sun had blown up.

The tanker, known as the DOT-111, has a soda-can shape and is one of the most commonly seen cars on rail freight routes. Though the car itself is not the cause of derailments, the National Transportation Safety Board (NTSB) notes that the steel shell is too thin to resist puncture in accidents. Furthermore, the ends of the car are especially vulnerable to tears and the unloading valves and other fittings can break off during rollovers.

The flaws are nothing new and have been noted since as far back as a 1991 safety study. Sadly, the potential for things to go wrong has also not been newly discovered. A report found that ethanol tankers have been punctured in at least 40 serious accidents since 2000. The human toll is also very real given that accident reports indicate that since 1996 at least two people have been killed by explosions from railroad accidents and dozens more suffered injuries.

The example of how things can go terribly wrong became a reality in 2009 in Rockford, Illinois. A Canadian National freight train moved through town carrying more than 2 million gallons of ethanol. The crew was unaware that just ahead, rain had washed away a portion of the track. When the tankers rolled over the damaged track, the engineers could tell the train was going to derail.

The cars began falling from the tracks and flying into the air one by one. A driver parked at a nearby railroad crossing sat helpless as the waves of explosions washed over him and his family. One of several cars parked at the crossing belonged to Jose Tellez whose wife, Zoila, was killed. A witness reported seeing Zoila run from the family van in flames before dying. Jose suffered severe burns while his adult daughter, who was five months pregnant, lost the baby she was carrying at the time.

In addition to the fatality, 11 people were injured in the derailment, making it the nation's single worst ethanol tanker accident. Nineteen of the 114 cars derailed. Thirteen released ethanol and caught fire. In the final accident report, the NTSB listed the "inadequate design" of the tanker cars as a factor contributing to the severity of the accident.

It is incidents like the one in Illinois that have some communities worried about the potential dangers associated with the continued presence of the flawed tankers on America's railways. According to recent reports, the railroad industry has so far agreed to change all cars built after October 2011 to a safer design. The improvements will mean thicker shells and shields on the ends of the tanks designed to prevent punctures. While this is certainly goods news, the 30,000 to 45,000 existing tankers that will remain unchanged present real concerns to innocent Americans in the path of the railroads.

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: "Common type of rail tanker has dangerous flaw that risks hazardous cargo spills," by The Associated Press, published at WashingtonPost.com.

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Recently we obtained a very favorable settlement for a Illinois Wrongful death case arising from medical negligence. The case involved the death of an elderly woman from respiratory disease within 24 hours of visiting her doctor and complaining of respiratory symptoms. The medical negligence allegation was misdiagnosis of a specific respiratory disease and failure to properly treat the patient pursuant to the symptoms she presented with.

The amount of the medical malpractice settlement and the parties involved is confidential pursuant to the settlement agreement and to protect the privacy of the victim's family. The case settled a few months before the trial was to begin in October 2012. This case was filed in 2009 and was hard fought for several years to result in an excellent settlement for our clients.

This case not only involved failure to diagnose, but the doctor attempted to cover up the medical negligence by using white out on the original office visit note as well as changing entries int eh medical record as well. We were able to discover this as the defendants must have forgotten that they produced the original unaltered medical records to our client a few weeks after her mothers death and many months before retaining our law firm. We believe the medical record alteration occurred after we contacted the hospital and requested the medical records, at this point they suspected a lawsuit and attempted to hide the negligence in the medical records. Based on the alteration to the medical records, we filed a detailed motion for sanctions against the defense doctor and hospital, this aggressive motion was a significant issue in the settlement negations and made a large difference to the value of the case. See MOTION - Sanctions - Altered Medical Record and White Out.pdf

This settlement was the justice that our clients deserved, they lost their mother due to a doctor being careless and not paying attention to her patient's obvious respiratory symptoms. She either chose not to perform a simple respiratory exam or was not listening as the basic respiratory exam we have all had done during a physical or doctor visit. A properly performed respiratory exam would have detected her severe respiratory symptoms and prompted a competent doctor to provide additional medical treatment rather than simply send the patient home with instructions to take Tylenol.

In this case the doctor made a choice to gloss through a routine respiratory exam, this routine exam is performed to ensure the safety of patients, particularly ones presenting with respiratory symptoms and complaints. The doctor violated patient safety standards and needlessly endangered this patient when she chose not to do a proper respiratory exam.

Favorable results in medical malpractice cases serve as enforcement and reminders to healthcare providers that they must follow patient safety rules and properly care for their patients, as failure to do so needlessly endangers them and even leads to wrongful death. Enforcement of the patient safety rules through civil lawsuits helps ensure the safety of everyone in the community who puts their trust and life in the hands of their healthcare providers.

If you or a family member have suffered needless injury or death as a result of hospital or doctor neglect please contact the experienced Missouri medical malpractice lawyers at Sansone / Lauber by phone (314) 863-0500 or contact us online.

The major national auto insurance company, Allstate, has announced its recent list of best drivers in the country. The list features the group of cities ranked according to their expected chance of a car accident.

The 2012 list includes three Missouri cities: Kansas City, MO., Springfield and St. Louis. Springfield comes in strong, as the tenth safest driving city in the country. According to Allstate, the average driver in Springfield is 17.4% less likely to be involved in a Missouri car accident and will experience a collision every 12.1 years. Kansas City, MO ranks 16 on the list with drivers 14.6% less likely to be involved in a car crash. For Missouri, St. Louis car accident ranking pulls up the rear, ranking 101 on the list. Drivers in St. Louis were found to be 8.8% more likely to be involved in a wreck than the national average.

Though these aren't terrible showings, the safest city by far is Sioux Falls, South Dakota which has an auto crash likelihood that is approximately 27.6% less likely compared to the national average. The average driver in the city has approximately 13.8 years between car accidents. Some of the other top performing cities on the list include Boise, Idaho; Fort Collins, Colorado; Madison, Wisconsin; Lincoln, Nebraska; and Huntsville, Alabama.

The bottom of the list is, perhaps unsurprisingly, made up of several California cities. San Diego ranked at number 124, and had a car or truck crash likelihood that was 14% higher compared to the national average. Drivers in the city had only 8.8 years between accidents. Los Angeles drivers had an accident rate that was 48.5% higher than the national average with only 6.7 years between accidents. The worst drivers appear to be in Philly where motorists are 64.1% more likely to be involved in a car collision compared to the national average.

The report offered some tips for those driving in larger cities like St. Louis. Allstate recommends that drivers allow plenty of time to reach their destination. Given the number of drivers on the streets, it's important to avoid stop-and-go traffic which presents an excellent opportunity for accidents. It's also important in cities to stay alert, being prepared to frequently stop or slow down for pedestrians and other drivers. Finally, make sure to get directions where you're going before you leave. Knowing where you're headed can reduce distraction and stress when you're behind the wheel and make for a safer overall drive.

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 and Jefferson County car accident attorneys today at 314-863-0500.

Source: "Three Missouri Cities Rank in Eighth Annual "Allstate America's Best Drivers Report," published at Finance.Yahoo.com.

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As a St Louis car crash attorney, I have many clients that are injured by drivers without insurance. This can have a devastating affect on the victim as without and insured driver the injured victim's recovery options are severely limited. Based on my experiences as a Missouri personal injury lawyer, my strong recommendation is to have the maximum amount of uninsured and under-insured motorist coverage you can get to protect you and your family from drivers without insurance or drivers with only minimum coverage.

When shopping for car insurance, many people are put off by not knowing which of the many varieties of coverage they may actually need and which ones are merely there to line the pockets of insurance companies. The names don't help much either given that ordinary people don't often readily understand the mechanics of a typical uninsured/underinsured motorist policy.

A recent car insurance article by Yahoo Finance analyzed some standard insurance policies to come up with a guide for what kinds of coverage the average consumer needs. The Yahoo article gave each variety of coverage a ranking according to color: red meaning the policy is urgent, orange to signify important and yellow meaning least critical. First things first, liability coverage:

• Liability Coverage
• Urgency: Red

Liability coverage exists to pay for bodily injury and property damage that you or others cause while operating your vehicle. Liability coverage will also cover court costs if you're sued as a result of an accident. Given the description, the necessity of the policy is pretty obvious. It's this coverage that is designed to protect your assets and future earning power if you are ever involved in a bad accident. A bit of good news is that it typically doesn't cost much (less than $50 every six months) to double your current liability coverage, so it's probably better to be safe than sorry.

• Collision Coverage
• Rating: Yellow

Collision coverage is what pays to fix your car in the event of an accident. The value of this policy depends almost entirely on money; how old and how much your car is worth, how much a repair might cost and whether you're able to afford the repair on your own without collision coverage.

While collision coverage is important, as your car ages and depreciates, it might not be a bad idea to increase your deductible so that your monthly premiums go down or even consider dropping collision all together. This is an instance where leasing your car will result in a guaranteed purchase as companies will require you to carry collision coverage.

• Medical Payments Coverage
• Rating: Orange

Medical-payments coverage ensures that reasonable medical expenses are paid for those in your vehicle, regardless of who caused the wreck. The importance of this policy depends on your situation, if you don't have insurance or are lacking, move the color up to red and carry the maximum that your company will allow. If you're an avid carpooler then you'll also want increased coverage to ensure that everyone in your car has his or her medical care covered in the event of an accident.

• Uninsured/Underinsured Motorist Coverage
• Rating: Red

Uninsured/underinsured motorist coverage, or UM/UIM, exists to pay for injuries that results from an accident caused by a driver who either totally lacks or does not have enough insurance coverage of their own. The number of uninsured drivers in Missouri is significant, estimated at nearly 12% who lack proper coverage. Given the risk of running into one of these drivers (pardon the pun), this kind of coverage is absolutely critical for drivers in the state. Even if you're in an accident with someone who has insurance, a lot of times they might not have enough insurance to cover the injuries you actually sustain.

A good rule of thumb is to match your UM/UIM coverage to the bodily injury limits of your car insurance liability coverage. Even doing this much shouldn't cost a fortune as this coverage is the cheapest of all, sometimes coming in at $1 a month.

This last variety of coverage is especially important given Missouri's confusing uninsured motorist laws which can make pursuing financial compensation from an uninsured or underinsured driver tricky. An experienced St. Louis car accident attorney can help you in navigating the state's uninsured motorist laws so you can gain the maximum amount of compensation you're entitled to. If someone you know has been the victim of such an accident and you need assistance, contact a lawyer today or call (314) 863-0500.

Source: "Car Insurance: When Not to Skimp on Coverage," by Jay MacDonald, published at Finance.Yahoo.com.

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Though everyone knows about the danger and irresponsibility of getting behind the wheel after drinking, few people talk about the similar risks associated with drugged driving. It's about time that changes given the increasing occurrence of medication-related wrecks or Drugged driving accidents on Missouri roadways.

One recent example includes the car wreck involving a Missouri man who suffered very serious injuries last month when he crashed outside La Russell in Jasper County. The Missouri Highway Patrol said the man was headed westbound on Route F when his car drifted off the road, struck a fence and eventually slammed into a utility pole. The police report lists an undefined medical condition as the cause of the terrible accident. Thankfully the man lived after being taken to Freeman Hospital West in Joplin, MO to be treated for his injuries.

According to the National Institutes of Health, the problem of impaired driving is not limited to alcohol. Driving under the influence of prescription drugs raises many of the same concerns given that powerful medication can act on the brain to impair a person's motor skills, reaction time and judgment. Drugged driving is a public health concern because it puts not only the driver at risk, but also passengers and others who share the road.

According to the National Highway Traffic Safety Administration's (NHTSA) 2007 National Roadside Survey, more than 16% of weekend, nighttime drivers tested positive for illegal, prescription, or over-the-counter medications while more than 11% tested positive for illicit drugs. Another NHTSA study found that in 2009, among fatally injured drivers, 18% tested positive for at least one, a number that marked a 13% increase from 2005. These results indicate that not enough has been done to educate the public about the true danger of driving under the influence of medication.

Despite the information available regarding the danger of drugged driving, the nation's laws have yet to reflect the severity of the crime. Though alcohol detection is relatively easy, the presence of illicit drugs is more difficult to measure and there is no agreed upon impairment limit. Many states, including Missouri, don't list specific requirements for what measurements of substances amount to intoxicated driving the way that 0.08% blood alcohol concentration is specified for alcohol-related arrests. Instead, Missouri Revised Statutes Section 577.010 vaguely says that a person is guilty of driving while intoxicated if he or she "operates a motor vehicle while in an intoxicated or drugged condition." This certainly is not clear and the statute goes on to poorly define an "intoxicated condition" as when a person "is under the influence of ... a controlled substance, or drug, or any combination thereof."

As St. Louis car accident attorneys who handle drinking and driving automobile accidents routinely, it's tragic to see increasingly frequent instances of yet another category of impaired driving in the state. Sadly, we too often see the life changing results that occur when people make the deadly decision to drive while impaired. For more information on this matter please, see our DUI car accidents page. If you've been injured due to the irresponsible actions of another, call one of our Missouri drunk driving accident attorneys today at 1-314-863-0500.

Source: "Miami man dies in motorcycle crash south of town," published at JoplinGlobe.com.

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