San Antonio Personal Injury Lawyer

Texas Tort Reform: A Good National Model?

Beth Janicek — Mon, 16 Nov 2009 15:10:19 GMT

In 2003, the Texas Legislature passed medical liability reforms that capped non-economic damages for injured patients at $250,000, and brought the number of malpractice lawsuits down dramatically.

The conservative position on health care reform is that medical malpractice claims drive up health care costs and require doctors to practice “defensive medicine” which is costly and wasteful. They believe that medical malpractice lawsuits are a leading cause of rising health care costs. However, health economists and independent legal experts believe that malpractice liability costs are only a small fraction of the costs of the U.S. heath care system, and that medical errors are a huge cost to both the injured patients and the health care system as a whole.

Governor Rick Perry boasted that tort reform that capped injured patients damages was the answer to Texas’ problems. Contrary to his claim, McAllen, Texas is one of the most expensive health care markets in the country, with Medicare spending almost twice the national average per person. Harlingen and Corpus Christi also made the top ten list of expensive cities in the country to receive healthcare.

Caps do not prevent the numerous preventable medical malpractice injuries that occur in America. The caps on medical malpractice damages only limit that who are most seriously hurt by medical errors and does nothing to prevent “frivolous lawsuits”. Limiting damages did not reduce the medical costs in Texas and it won’t limit the costs on a national level either.

Originally posted at InjuryBoard by Beth Janicek

Power Windows: Risk for Children?

Beth Janicek — Mon, 09 Nov 2009 15:26:29 GMT

Since the introduction of power windows in the late 1950’s and early 1960’s, injuries and deaths have occurred due to safety hazards related to strangulation. The consumer group KidsandCars.org in Leawood, Kansas said in a press conference on November 2, 2009, that the National Highway Traffic Safety Administration (NHTSA) is greatly underestimating the number of people injured or killed by power windows. They want the federal agency to require automakers to equip all power windows with an auto-reverse feature that would automatically stop and open if it encountered an obstruction while closing. However, the NHTSA says that several new safety requirements involving power windows show it is doing a good job tackling what it describes as “a small, but persistent problem.”

Despite the discrepancy over specific numbers, the agency has recently required automakers to make power windows safer. Starting Oct. 1, 2008, all passenger vehicles required power switches that are recessed, and by Oct. 1, 2010, power windows may be closed only by pulling up on a switch. The Cameron Gulbransen Kids Transportation Safety Act of 2008 requires the agency to consider whether to require an auto-reverse feature on all power windows.

After looking at several alternatives the agency has concluded that auto-reverse is not needed on all power windows and that the earlier changes to the switches will eliminate “50 to 75 percent of all power window-related fatalities.” In its deliberations, that agency is focusing on two possibilities. First, require all one-touch windows to have auto-reverse, and second, require those one-touch windows to meet a tougher United States standard that would stop the window more quickly.

Originally posted at InjuryBoard by Beth Janicek

Hospital Fined for Wrong-Site Surgery

Beth Janicek — Fri, 06 Nov 2009 10:10:42 GMT

The Health Department has fined Rhode Island Hospital for $150,000, after a surgical team violated safety policies when it operated on the wrong finger of a patient. This October incident was the fifth-wrong site surgery at this hospital since January 2007. Health Director David R. Gifford said,

“This pattern of surgical errors is completely unacceptable and must be corrected to protect the safety of all patients at the hospital.”

The surgery team failed to properly mark the fingers and failed to follow the rules for “time out,” a pause before the surgery to verify the patient, procedure, and site. The report also said that the hospital was not even following the error-prevention protocol that was adopted statewide on July 1^st. The Health Department reprimanded the hospital, mandated observation of every surgery for a year, required full adoption of the statewide surgical protocol and required the installation of video and audio monitoring in every operating room. The hospital was also given a fine, which was only the second time the state has fined the hospital.

These medical errors should never occur, so five wrong-site surgeries since January 2007 is completely unacceptable. Every facility should have policies and procedure in place to prevent these types of errors from occurring. There should be retribution through the civil court system and through the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) for people and facilities that violate these procedures.

Originally posted at InjuryBoard by Beth Janicek

Death at Calaveras Lake

Beth Janicek — Mon, 02 Nov 2009 18:14:44 GMT

For the second time this year, someone working on the new CPS Energy coal plant on Calaveras Lake fell to their death.

In January, a scaffolding builder with Calaveras Power Partners, died in an accident while working at the construction site. He was working early in the morning so his fall wasn’t seen or heard by other employees. It is unknown whether or not the fall killed him immediately.

Last week, another employee died of head injuries after falling about 30 feet while building a catwalk at the JK Spruce II site. Coworkers told police that he stepped onto an unsecured portion of the walkway and it tipped causing him to lose his balance and fall. The police incident report states that he was wearing a safety harness but did not secure it to anything.

Jeff Coyle, spokesmen for the contractor, said that they have a “100 percent fall protection policy,” which requires employees working at elevated heights to be secured with two harnesses.

“Our employees are the heart and soul of this project, and it is our highest priority to ensure that every one of them returns home safely to their families at the end of each work day.”

OSHA recently revealed the preliminary top 10 most frequent workplace safety violations for 2009. The report showed that the number of top 10 violations has increased almost 30 percent over the same time period in 2008. The top 10 violations are:

1. Scaffolding – 9,093 violations: Scaffold accidents most often result from the planking or support giving way, or from the employee slipping or being struck by a falling object.
2. Fall Protection – 6,771 violations: Any time a worker is at a height of four feet or more, the worker is at risk and needs to be protected.
3. Hazard Communication – 6,378 violations: Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import and prepare labels and safety data sheets to convey the hazard information to their downstream customers.
4. Respiratory Protection – 3,803 violations: These hazards can cause cancer, lung impairment, other diseases, or death.
5. Lockout-Tag – 3,321 violations: “Lockout-Tag out” refers to the specific practices and procedures to safeguard employees from the unexpected start up of machinery and equipment, or the release of hazardous energy during service or maintenance activities.
6. Electrical (Wiring) – 3,079 violations
7. Ladders – 3,072 violations: The U.S. Department of Labor (DOL) lists falls as one of the leading causes of traumatic occupational death, accounting for 8 percent of all occupational fatalities from trauma.
8. Powered Industrial Trucks – 2,993 violations: Each year, tens of thousands of injuries related to powered industrial trucks, or forklifts, occur in U.S. workplaces.
9. Electrical (General) – 2.556 violations
10. Machine Guarding – 2,364 violations: When the operation of a machine or accidental contact injures the operator or others in the vicinity, the hazards must be eliminated or controlled.

Two deaths at this site in less than a year is unacceptable. OSHA needs to investigate to ensure the safety of all of the employees working at this location.

Originally posted at InjuryBoard by Beth Janicek

Medical Malpractice Insurers’ Profits Higher than 99% of All Fortune 500 Companies

Beth Janicek — Sat, 31 Oct 2009 17:58:31 GMT

The American Association for Justice (AAJ) recently released a statistic claiming that medical malpractice insurance companies’ average profits are higher than 99 percent of all Fortune 500 companies. AAJ points out that medical malpractice lawsuits only account for a small percentage of unnecessary costs. The bigger problem is medical errors and the profits of malpractice insurers.

The report released by the AAJ also states that the average profit of medical malpractice insurance companies is 35 time higher than the Fortune 500 average for the same time period, and that malpractice insurers have seen their profit margins range from 5.9 percent to 74.8 percent, with an average of 31.2 percent. In addition, the report finds that malpractice insurers have publicly overestimated their losses and underestimated their profits in an attempt to suggest that insurance business and medical practices face a crisis that must be resolved by tort reform. This report released by the AAJ shows that insurance companies profit the most, and obviously need Tort Reform the least.

AAJ President Anthony Tarricone said,

Insurance companies are gouging doctors on their premiums to mislead lawmakers…And today, injured patients are often left with no avenue to pursue justice, while health care costs continue to skyrocket.”

Originally posted at InjuryBoard by Beth Janicek

Feds to Conduct an Intensive Study on Motorcycle Deaths

Beth Janicek — Thu, 15 Oct 2009 14:46:26 GMT

The Federal Highway Administration and Oklahoma State University will conduct an intensive study into the cause of the growing number of motorcycle crashes and deaths on America’s roads. The study will be the first of its kind in nearly 30 years, and was required by a 2005 federal law, the “Safe, Accountable, Flexible, Efficient Transportation Equity Act.”

Researchers will evaluate data to help identify common factors for motorcycle crashes, including road configurations, environmental conditions, and rider experience. The main focus of the study is on countermeasures that could reduce motorcycle crashes or lessen their harm.

The National Highway Traffic Safety Administration conducted a pilot study in order to develop the protocols for the full-scale causation research. In July, the NHTSA said that it was considering requiring new safety features on motorcycles, such as anti-lock brakes. A study done by the Insurance Institute for Highway Safety showed that the rate of fatal crashes was 28 percent lower for motorcycles equipped with optional anti-lock brakes.

According to the Transportation Department’s Fatality Analysis Reporting System, between 1997 and 2008, motorcycle fatalities jumped from 2,116 to 5,290, which is a 150 percent increase. Hopefully, this new study on motorcycle deaths will identify which factors most influence motorcycle accidents, and figure out what can be done to prevent them.

Originally posted at InjuryBoard by Beth Janicek

Meeting Tonight in San Antonio for Cyclists to Voice Their Concerns

Beth Janicek — Wed, 14 Oct 2009 12:51:19 GMT

After three people were struck and killed within a week of each other while cycling legally, cyclists and pedestrians are asking what can be done to improve safety. Tonight, a Metropolitan Planning Organization (MPO) meeting will be held so people can come and voice their concerns. The MPO has a Bicycle Mobility Advisory Committee that is charged with conducting a continuous planning process to improve transportation systems.

Currently, Texas does not have any safe passing laws or any set penalties in the case of an accident. Recently, the Safe Passing Bill was surprisingly vetoed by Governor Rick Perry. He said,

“While I am in favor of measures that make our roads safer for everyone, this bill contradicts much of the current statute and places the liability and responsibility on the operator of a motor vehicle when encountering one of these vulnerable road users. In addition, an operator of a motor vehicle is already subject to penalties when he or she is at fault for causing a collision or operating recklessly, whether it is against a ‘vulnerable user' or not.”

The veto outraged the bill’s supporters, who argued that the point was to make drivers aware that they have to share the road.

Rep. Linda Harper-Brown, R-Irving, who sponsored the legislation said,

“We know that cyclists and motorcyclists and tow truck drivers are more vulnerable and by passing this law you are acknowledging that…I think people forget cyclists have a right to our roadway.”

She went on to say that victims and their families again feel victimized when they learn that the legal system doesn’t automatically consider what happened to them a crime.

Since I am an avid cyclist and jogger, this is an issue that I have blogged on frequently. I am always surprised by the amount of responses received from people on both sides of the argument. Safe Passing Laws are usually controversial and many people are very passionate about them. For more information on the meeting go to the Bicycle Mobility Advisory Committee link on the Metropolitan Planning Organization website.

Originally posted at InjuryBoard by Beth Janicek

Elderly women choked at San Antonio Nursing Home

Beth Janicek — Tue, 13 Oct 2009 10:58:23 GMT

Janice Maier, 77, was a sleep in her bed at a senior care facility when she was awaken early Saturday morning when a man entered her room, climbed into her bed and began to choke her and repeatedly hit her in the face. The attack occurred at Clare Bridge Specialized Memory Care, a Brookdale Senior Living facility on the Northeast side. Maier was transported to the hospital and was in stable condition on Saturday night.

The San Antonio Police Department incident report said that Maier had never seen her alleged attacker before. Daniel Villarreal, 25, was arrested at the scene after employees called police when they saw him covered in blood in the living facility and then discovered Maier, also covered in blood, on the floor of her bedroom. Maier told police that Villarreal hit her and choked her until she huddled inside a blanket on the floor beside her bed, where he started kicking her. It is unclear how Villarreal gained entry to the facility, which requires key code access.

The police asked Villarreal why he was there and he stated that he was “looking for something.” When asked what he was looking for, he replied, “A lady to choke.” He was “mad at his life and wanted to choke someone.” As of Saturday evening, Villarreal was in the Bexar County Jail on a first-degree felony charge of injury to the elderly with serious bodily injury.

This incident needs to be investigated and the facility should be held responsible for lack of security. Residents are entrusted to their care, and it is their obligation to provide a safe living environment. In addition, an employee should have spotted Mr. Villarreal before he ever made it into a resident’s room. This may be an issue of lack of training, or even a sign that the facility is understaffed. Whatever it is, there is no excuse for this type of attack to occur.

Originally posted at InjuryBoard by Beth Janicek

Honda Expands Driver’s Air Bag Recall

Beth Janicek — Mon, 12 Oct 2009 10:32:59 GMT

The safety recall of the driver’s air bag in certain Honda vehicles is being expanded to include certain 2001-2002 Honda Accords, 2001 Civics, and 2002-2003 Acura TL’s. The recall is due to a potential deficiency in the airbag’s inflation system. According to the American Honda Motor Co., 440,000 additional vehicles are included in the expanded recall.

The recall requires the replacement of the driver’s steering wheel mounted air bag inflator. The air bag inflator can produce over-pressurization of the driver’s front air bag during air bag deployment. If an affected inflator deploys, the increased internal pressure could cause the inflator casing to rupture. Honda released a statement saying that metal fragments could pass through the cloth air bag cushion material, and could possibly cause an injury or fatality to vehicle occupants.

Registered owners of vehicles that are included in the recall will receive a notice in the mail over the next couple of months, which will include further instructions on how to schedule a repair. Honda issued a Press Release stating that owners can confirm their vehicle’s recall status by visiting the Honda or Acura “Owner link” website.

Originally posted at InjuryBoard by Beth Janicek

Texas Helmet Laws

Beth Janicek — Thu, 08 Oct 2009 22:33:39 GMT

I recently blogged on motorcycle accidents and helmet laws and I wanted to go a little more in detail about how the laws apply in Texas.

Research has shown that states that either reinstate or enact universal motorcycle helmet laws showed an increase in helmet use and a decrease in motorcyclist deaths and injuries. States that repealed or weakened their universal helmet laws saw a decline in helmet use and a rise in motorcyclist deaths and injuries.

For example, Texas had a universal helmet law from 1968 to 1977 that was estimated to have saved 650 lives. The law was amended in 1977 to a partial law that only applied to riders younger than 18, resulting in a 35 percent increase in motorcyclist fatalities. Then in September 1989, Texas reinstated its helmet law for all motorcyclists. With that change, the helmet usage rate went from 41 percent to 90 percent during the first month, and had risen to 98 percent by June 1990. Serious injury crashes per registered motorcycle also decreased 11 percent. However, again in September 1997, Texas weakened its helmet law, requiring helmets only for riders younger than 21. By May 1998, helmet use dropped to 66 percent, and operator fatalities increased 31 percent in the first full year following the repeal.

In addition to the partial helmet law, Texas also had a law requiring a person to be covered with a minimum of $10,000 in health insurance to cover any injuries incurred in a motorcycle accident to be eligible for an exemption for the offense of operating or riding a motorcycle without a helmet. However, on September 1, 2009, Senate Bill 1967 became effective that repealed the helmet exemption sticker program. The new law removes the minimum amount required in health insurance and requires the Texas Department of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by an applicable health insurance plan.

I think that it is interesting that Texas is constantly changing their regulations in regards to helmet laws even when there is an obvious trend linking the increase of fatalities with reduced helmet laws. I believe that the universal helmet law would provide the most safety and would greatly reduce the amount of motorcycle fatalities in Texas.

Originally posted at InjuryBoard by Beth Janicek