Posted by Daniel Clayton in Personal Injury
According to the American Academy of Pediatrics, riding a bike without a helmet significantly increases a bicyclist’s risk of sustaining a head injury in the event of a crash. I have seen studies asserting that wearing a helmet can reduce head-injury chances by 85%. Of course, the most significant head injuries are those involving brain bleeds and skull fractures. Intracranial bleeds can cause death or catastrophic injuries.
In 2010, more than 600 people on bicycles were killed in collisions with motor vehicles across the country, according to the Insurance Institute for Highway Safety. At least 70 percent of the victims were not wearing helmets.
Other than motor vehicle accidents, bicycle injuries are linked to more childhood injuries than any other product.
Don’t Forget the Helmet!
If you are a bike rider – always wear a helmet. Tennessee does require those under the age of 16 to wear a helmet while riding a bike. (To view helmet laws listed by state, please visit www.iihs.org. This site also provides the statistics for cycling fatalities). Naturally, it is important to make sure the helmet fits properly. If you’re not sure if it fits, then ask a pro.
In Hermitage, I recommend The Bike Pedlar, owned by Kerry Roberts. (http://www.facebook.com/bikepedlar)
In Franklin, a great bicycle shop is MHB bike shop (http://macsharpethbikes.com). A couple of weeks ago, I bought a bike from them - and they were awesome!
Also, you might try Harpeth Bikes (http://harpethbikes.com).
Tags: Bike Accidents, Personal Injury, Catastrophic Injuries
A Tennessee Personal Injury, Medical Malpractice, Wrongful Death Lawyer blogging on important issues involving community interests, safety and legal matters. Daniel Clayton is an attorney serving all of Tennessee with offices in Nashville.
Monday, June 4, 2012
Saturday, June 2, 2012
Study: Tired Drivers as Dangerous as Drunk Drivers
Posted on behalf of Daniel Clayton in Car Accidents
Although a lot of attention is given to the dangers associated with drunk driving, a recent study has found that drowsy driving is just as dangerous.
The Archives of Internal Medicine published a study which looked at data from hospital patients who had been admitted into care for more than 24 hours after getting into a motor vehicle accident. Police reports, blood alcohol levels and patient questionnaires were also analyzed. Specifically, patients were asked questions related to how tired they were before getting in an accident. They were also asked whether or not they were taking any medications.
In this study, a main focus was the effect of a driver taking a medication that carries a warning about side effects that could affect a person's driving ability. Surprising to the researchers was that those on these types of medications actually had a lower risk for causing an accident. The lead researcher said this could be due to the fact that people taking these medications are more cautious since they know about the possible side effects.
However, when it came to being drunk or sleepy, the study found that both factors make a driver at least twice as likely to cause an accident. Of course, this can result in injuries to not only the driver, but also other people who are also out on the roadways.
The study analyzed data from 679 drivers who were in accidents. According to the study, around half of those drivers were the ones responsible for causing the crashes. Of those, it was determined that those between the ages of 18 and 29 who had either been drinking or were tired had an increased risk of being the one to cause an actual accident.
What this means for the general public is that it's important to make sure to obviously never drive after drinking, but to also take driving tired just as serious. This means that if you are tired, take a short nap or drink some coffee - and wait for it to kick in - before driving. Realize, however, that caffeine will wear off!
Additionally, remember things like rolling down the window, turning on the air conditioning or blasting loud music masks how tired you are, but does not take away the risk of getting into an accident.
I had previously written about how up to 31% of Truck/Bus Accidents were caused by driver fatigue.
Source: Reuters, "Sleepy, drunk driver equally dangerous: study," Andrew Seaman, May 30, 2012
Wounded Warriors Amputation Alternative - NewsChannel5.com | Nashville News, Weather & Sports
Wounded Warriors, or others who have had severe injuries to their legs, have a potential alternative to amputation.
The Intrepid Dynamic Exoskeletal Orthosis (IDEO) was designed by prosthetist Ryan Blanck at the Center for the Intrepid. The device is made from carbon and fiberglass and is custom fit so that it supports the foot and ankle and resembles an amputee's running prosthetic. IDEO, along with an extensive rehabilitation program, is allowing some wounded warriors who previously had difficulties walking or standing due to lower leg injuries to run again.
Read more about it:
Wounded Warriors Amputation Alternative - NewsChannel5.com | Nashville News, Weather & Sports
The Intrepid Dynamic Exoskeletal Orthosis (IDEO) was designed by prosthetist Ryan Blanck at the Center for the Intrepid. The device is made from carbon and fiberglass and is custom fit so that it supports the foot and ankle and resembles an amputee's running prosthetic. IDEO, along with an extensive rehabilitation program, is allowing some wounded warriors who previously had difficulties walking or standing due to lower leg injuries to run again.
Read more about it:
Wounded Warriors Amputation Alternative - NewsChannel5.com | Nashville News, Weather & Sports
Thursday, May 31, 2012
Facts on Unintentional Drowning
Posted by Daniel Clayton in Personal Injury
Every day, about ten people die from unintentional drowning. Of these, two are children aged 14 or younger. Drowning ranks fifth among the leading causes of unintentional injury death in the United States.
LESSONS. Quite frankly, I am not a very good swimmer – but I wanted my children to be good swimmers. So, at a very early age, we put them into swimming lessons. Research shows that formal swimming lessons significantly reduce the risk of drowning among children ages 1-4. Start them young.
SUPERVISION. Drowning can happen quickly and quietly anywhere there is water (such as bathtubs, swimming pools, buckets), and even in the presence of lifeguards.
CPR. Seconds Count. CPR performed by bystanders has been shown to save lives and improve outcomes in drowning victims. The sooner CPR is started, the better the chance of improved outcomes. Just last week, 2 jurors in a trial going on in Memphis, Tennessee saved a 6 year old from drowning at a hotel pool.
For More Information, visit The CDC Website on home and recreational water safety.
Every day, about ten people die from unintentional drowning. Of these, two are children aged 14 or younger. Drowning ranks fifth among the leading causes of unintentional injury death in the United States.
- From 2005-2009, an average of over 3,500 fatal unintentional drownings (non-boating related) each year in the United States. In other words – about ten deaths per day. An additional 347 people died each year from drowning in boating-related incidents.
- About one in five people who die from drowning are children 14 and younger. For every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries.
- Among children ages 1 to 4, most drownings occur in home swimming pools.
- Drowning is responsible for more deaths among children 1-4 than any other cause except birth defects.
- Among those ages 1-14, fatal drowning remains the second-leading cause of unintentional injury-related death behind motor vehicle accidents.
- More than 50% of drowning victims treated in the hospital emergency departments require hospitalization or transfer for further care. These nonfatal drowning injuries can cause catastrophic brain damage that may result in long-term disabilities such as memory problems, learning disabilities, and permanent vegetative state.
LESSONS. Quite frankly, I am not a very good swimmer – but I wanted my children to be good swimmers. So, at a very early age, we put them into swimming lessons. Research shows that formal swimming lessons significantly reduce the risk of drowning among children ages 1-4. Start them young.
SUPERVISION. Drowning can happen quickly and quietly anywhere there is water (such as bathtubs, swimming pools, buckets), and even in the presence of lifeguards.
CPR. Seconds Count. CPR performed by bystanders has been shown to save lives and improve outcomes in drowning victims. The sooner CPR is started, the better the chance of improved outcomes. Just last week, 2 jurors in a trial going on in Memphis, Tennessee saved a 6 year old from drowning at a hotel pool.
For More Information, visit The CDC Website on home and recreational water safety.
Wednesday, May 30, 2012
Give them Three Feet! - Bicycle Safety Laws in Tennessee
Posted by Daniel Clayton
While I was driving home Wednesday through Franklin, Tennessee, I came across multiple bicycle riders out near Arno Road. I am somewhat jealous of bike riders – because that is a sport I would like to take up at some point in time.
The country roads around the area I live are prime places for the bike riders. As a result, I have to be very diligent in making sure I am exercising care while driving. Those bike riders have a right to be on those roads, and I fully support their right to be on the road.
I have had several friends who have been involved in serious bike accidents. Most bike accidents are not the fault of the bike rider, but by the automobile driver.
With the summer upon us, and more people riding bikes, I thought I would post some basic Tennessee bike law information.
three-feet law
In 2007, Tennessee passed a “three-feet” law, requiring automobiles to give cyclists three feet of space when passing them on highways. This became an issue as two men were killed in separate accidents on highways in the state in 2006.
Bicycles are considered vehicles just as automobiles are and, when necessary, may occupy an entire lane of traffic. Cars may not occupy the same lane of traffic if they cannot give the cyclist three feet of clearance space.
In 1994, Tennessee passed a law requiring the use of helmets for cyclists under the age of 16.
The Tennessee Department of Safety has a Bicycle/Pedestrian Program. More information can be found on that website.
Read more at Trails.com: Bicycle Safety in Tennessee | Trails.com
Tags: Bike Accidents, Car Accidents
Tuesday, May 29, 2012
Facts on Texting and Driving
Posted by Daniel Clayton in Car Accidents
Did you know…
* Over 28% of car accidents occur when people talk on cellphones or send text messages while driving, according to a study by National Safety Council
* CTIA- The Wireless Association reports that text messaging has increased tenfold over the last three years
* 72% of teens text daily
* Teens text more than 3000 times a month
* According to studies done by the National Safety Council, 81% of the driving population has admitted
to texting while driving
* 37% of cognitive reasoning and ability to respond to driving situations is taken away when you text and drive, giving you 23 more times the risk of being in a car crash than non-texting drivers
* Distracted driving is dangerous
* Approximately 342,000 auto accident injuries each year are caused by texting and driving
* The National Safety Council states that fatalities caused by texting and driving are more than double the amount that those as a result of drunk driving
Texting is convenient, but distracting. And when you drive distracted, you’re dangerous. And when you’re a danger on the road, there’s nothing to “LOL” about. Please put away the phone while you are driving.
Tags: Distracted Drivers, Car Accidents
Did you know…
* Over 28% of car accidents occur when people talk on cellphones or send text messages while driving, according to a study by National Safety Council
* CTIA- The Wireless Association reports that text messaging has increased tenfold over the last three years
* 72% of teens text daily
* Teens text more than 3000 times a month
* According to studies done by the National Safety Council, 81% of the driving population has admitted
to texting while driving
* 37% of cognitive reasoning and ability to respond to driving situations is taken away when you text and drive, giving you 23 more times the risk of being in a car crash than non-texting drivers
* Distracted driving is dangerous
* Approximately 342,000 auto accident injuries each year are caused by texting and driving
* The National Safety Council states that fatalities caused by texting and driving are more than double the amount that those as a result of drunk driving
Texting is convenient, but distracting. And when you drive distracted, you’re dangerous. And when you’re a danger on the road, there’s nothing to “LOL” about. Please put away the phone while you are driving.
Tags: Distracted Drivers, Car Accidents
Monday, May 28, 2012
Safe Boating Tips! - Enjoy Your Memorial Day Weekend on the Lake
Posted by Daniel Clayton on May 28, 2012
Spent a great day on Center Hill Lake yesterday with Bonnie Cribbs (follow @boatingBonnieC). My daughter and son enjoyed tubing, and my son did some skiing as well. I even did some tubing and skiing and I am not too sore this morning :)
Bonnie loves the lake. He is one of the most safety conscious boaters I know.
With so many people on the lake this weekend - and with it being the official start of the summer boating season - I thought it would be good to post some boating safety tips.
- Boater's fatigue is real, and it can wear you down. The US Coast Guard warns people about this condition, created by the combination of wind, noise, heat, and vibration of the boat. All these elements can mentally and physically fatigue boaters and subsequently impair their judgment.
- Personal flotation devices, otherwise known as life jackets, are vitally important for everyone on board the boat, be it a canoe or a speed boat. Some states even require children under a certain age to wear life jackets, so if the little ones complain about wearing the big orange life vest, tell them it's the law.
- Boating and alcohol don't mix. Alcohol impairs your judgment, balance, and coordination, affects your swimming and diving skills, and reduces your body's ability to stay warm. Coupled with boater's fatigue, folks on a boat will feel the effects of alcohol faster than they would on land. Plus, driving a boat while intoxicated is illegal.
- The wind can keep you cool and make you forget you're in the sun, but don't forget to reapply sunscreen every two hours and always after swimming. Lube up even if it's overcast since UV rays can still damage your skin through clouds.
- Watch the weather to keep an eye on local weather conditions, and be prepared for electrical storms. Water conducts electricity, so you don't want to find yourself on the open water during a lightning storm.
Let's have a great Memorial day weekend and a Safe Summer boating and enjoying the lake!
Source, http://www.safeboatingcampaign.com
2012 Tennessee Legislative Update - Tort Bills
Posted on behalf of Daniel Clayton
Recently, the Tennessee Legislature concluded its session. In 2011, The Tennessee Civil Justice Act - which substantially changed 200 years of Civil Justice Tort Law in Tennessee was passed. This year, there were numerous attempts to make it more difficult to hold corporations and individuals accountable for their actions. Below is a sampling of some of the bills impacting Tennessee tort law that were passed.
PLEASE NOTE: All the Public Chapter (PC) references contain a direct link to the final legislation as passed by double clicking on the reference. Currently, the Senate bills and House bills do not contain direct links because these bills are not in a finalized format and may contain many amendments to the original bills. Please utilize the Tennessee General Assembly website,http://www.capitol.tn.gov/ to research any Senate or House bill.
PASSED LEGISLATION
Loser Pays:
Senate Bill (SB) 2638/House Bill (HB) 3124 (Johnson/Dennis) makes it mandatory for a judge to award reasonable fees to a party who prevails on a motion to dismiss for failure to state a claim upon which relief may be granted. The fees are capped at $10,000. The sanctions do not apply to: (1.) Actions filed by or against the state. (2.) Any claim that is dismissed by the granting of a motion to dismiss that was filed more than 60 days after the moving party received service of the complaint. (3.) Any claim that the party against whom the motion to dismiss was filed withdrew or in good faith amended. (4.) Pro se litigants who have not acted unreasonably in bringing or refusing to withdraw the claim. (5.) Specified non-frivolous claims brought in good faith to change or challenge existing law. (6.) Any claim for which relief could be granted under a law in effect at the time the motion was filed.
Insurance:
This law potentially impacts car accident cases. The Farm Bureau and the insurance industry coalition amended a caption bill in the last few weeks of the session to overturn the precedent in the TN Supreme Court cases Allstate and Morrison. SB2271/HB2452 (Tracy/Sargent) provides that the signature of a party to an insurance contract on an application, amendment, or other document shall create a rebuttable presumption that the statements provided by the person bind all insureds under the contract and that the person signing such document has read, understands, and accepts the contents of such document. It also creates a rebuttable presumption that the payment of a premium is acceptance by the insured of the coverage provided under an insurance contract.
Judiciary:
After years of debating about whether appellate judges should be elected in TN, a constitutional amendment to establish a selection system was passed this year. SJR710 (Kelsey) is an amendment to the Tennessee Constitution that proposes a modified federal system where the Governor appoints a candidate, the Legislature then confirms the candidate and the candidate is elected by a retention election thereafter. This is the first step in placing it on the ballot for all voters in 2014.
Health Care Liability:
SB2789/HB2979 (Kelsey/Dennis) as originally filed allowed defense attorneys to obtain all the plaintiff’s mental health and drug treatment records as well as talk ex parte to any of the plaintiff’s doctors without court approval. As amended and passed, the bill permits the defendant to get a protective order from the court to talk ex parte to the plaintiff’s treating physicians about relevant information. The plaintiff can object to the order, and it sets out procedures for that process. This bill impacts medical malpractice cases (now known as health care liability action) in Tennessee
SB2528/HB2813 (Barnes/Sontany) now Public Chapter PC678 adds physician assistants to the list of medical professionals who are exempt from subpoena to trial.
Workers Compensation:
A few changes occurred this year in workers compensation law.
SB2923/HB2808 (Overbey/Dennis) allows either party to file suit in the county in which the employee resided at the time of the injury.
SB3315/HB3372 (Johnson/White) makes changes to Pain Management procedures. The bill authorizes a physician to order pain management for an employee determined to have persisting pain as it applies to workers' compensation law. It entitles an employee to a panel of physicians if the treating physician makes a referral for pain management treatment. The bill requires the injured employee to sign a formal agreement with the physician acknowledging the conditions under which the injured or disabled employee may continue to be prescribed such controlled substances and agreeing to comply with such conditions. If the employee violates the agreement the employer may terminate the pain management. The employee then has the right to file a request for assistance from a workers compensation specialist or petition the court for further treatment.
Immunity bills:
Ice Skating Rinks: SB250/HB182 (Overbey/Montgomery) gives immunity to skating rink operators from claims by ice-skaters who are injured. The operator must maintain at least $1 million dollars in liability insurance and post guidelines and warnings. This legislation provides an exception for gross negligence.
First Responders: SB2480/HB2215 (Johnson/Casada) now Public ChapterPC844 Jaclyn’s law gives immunity to first responders who use force to enter a premises to render medical assistance after using reasonable efforts to summon the occupant.
Natural Gas Providers: SB2705/HB2976 (Ketron/Matheny) now Public Chapter PC711 gives immunity to natural gas providers if the proximate cause of an injury or damage was caused by the actions of the consumer.
White Water Rafting Companies: SB3179/HB3294 (Bell/Faison) now Public Chapter PC862 provides immunity to white water rafting companies for an injury or death resulting from the inherent risks of whitewater rafting. The company must post warning signs and include the warning and limitations of liability in the service contract. This legislation provides an exception for gross negligence.
Car Dealerships: SB2950/3274 (Kelsey/Elam) provides that any automobile dealer who provides a loaner vehicle to a customer without charge shall not be vicariously liable to any person injured as the result of an accident caused by a customer driving a loaner vehicle when the dealer was provided with proof of insurance by the customer prior to the customer being provided with the loaner vehicle.
Miscellaneous:
Statutory Private Right of Action: SB2140/HB2809 (Kelsey/Dennis) now Public Chapter PC759 provides that no statutory private right of action or affirmative duty of care is created unless a statute contains express language creating the right or duty.
Civil Justice Act revisions: Several changes were made to last year’s Civil Justice Act. SB2120/HB2161 (Barnes/Dennis) adds that the caps on noneconomic and punitive damages will not apply if the defendant is convicted of a felony. SB3101/HB3294 (Norris/McCormick) now Public Chapter PC798 is a cleanup bill that deletes all outdated references to “medical malpractice” and changes them to “health care liability.”
Tennessee Consumer Protection Act: SB3301/HB3659 (Barnes/Stewart) adds language providing that engaging in Ponzi schemes or securities fraud are now considered unfair or deceptive acts or practices under the TCPA.
Post Judgment Interest: SB2705/HB2982 (Kelsey/Dennis) changes the current 10% post judgment interest rate to 2% less than the formula rate per annum published by the commissioner of financial institutions, which is essentially the federal prime loan rate + 2%. The rate will be posted on the Administrative Office of the Courts website (www.tncourts.gov) and will be calculated in six month increments from January 1 to June 30 and July 1 to December 31.
Trespassers: SB2719/HB2983 (Kelsey/Dennis) codifies the liability of a landowner to a trespasser. The bill provides a land owner owes no duty of care to a trespasser except for attractive nuisances for children and for willful behavior that causes injury to the trespasser unless they are trying to stop a criminal offense.
Sunday, May 27, 2012
Communication among Health Care Providers is Key to Preventing Medical Malpractice
Posted by Daniel Clayton, named 'Nashville's 2012 Medical Malpractice Lawyer of the Year' by Best Lawyers in Medical Malpractice
Atul Gawande is a surgeon, a medical school professor and an accomplished author. He is also one of the health care system's most articulate critics - calling, for example, for greater use of checklists to prevent surgical errors.
In a commencement address at Harvard Medical, Gawande aimed his thoughtful, reform-minded criticism at the way medical care is delivered in America.
Some of the dire statistics about medical mistakes that Gawande cites can be listed in bullet point form:
• 2 million patients every year who pick up infections in hospitals because workers didn't follow proper anti-septic sanitation procedures.
• 40 percent of heart disease patients, and 60 percent of those suffering from asthma, receive care that is either insufficient or inappropriate.
• Half of all "major surgical complications" could be avoided if existing medical knowledge were properly used.
Gawande points out that many of these problems result from the sheer growth in the amount of medical knowledge available. Medicine, for better and often for worse, has entered the information age - and all the different specialists within it do not do a good enough job of talking with one another or with patients themselves.
In short, doctors, nurses and other medical staff need to learn to work together better. As Gawande puts it, they have to stop being cowboys, trying to do everything on their own. Instead, they need to recognize their role as part of the medical equivalent of a car-racing pit crew, working together as a team to improve care for the patient.
Source: "Cowboys and Pit Crews," The New Yorker, 5-26-11
Saturday, May 26, 2012
Do I REALLY need a Lawyer for my Car Wreck Case in Tennessee?
Posted on behalf of Daniel Clayton in Car Accidents
Do I need a Lawyer? From time to time I am asked that question by people who have been involved in a car accident. The answer is not always the same. Sometimes you do need an attorney. Sometimes you don't. I have been handling car accident injury claims in Tennessee for over 25 years, and I have no problem telling people that they might not need a lawyer.
Generally speaking, whether you need an attorney depends on what happened and what injuries were suffered, and to whom. If you and your family members have not been hurt, then most likely you do not need an attorney. If you or a family member have been significantly injured in the car accident, then you likely will need one.
Oftentimes, a simple fender bender where nobody is hurt can usually be appropriately handled through your insurer.
Remember, most attorneys who handle car wreck in Tennessee offer a free initial consultation. That consultation should give you an opportunity to see whether you like the attorney and you want that attorney to handle your potential claim. Likewise, the attorney should be deciding whether or not he or she wants to represent the client. Attorneys - or at least good, reputable attorneys - do not agree to take every case that comes in the door.
Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned.
Here are some tips for when you should consult an attorney who handles car wreck injury cases in Tennessee early on:
- An injury has occurred where there has been serious injury, broken bones, hospitalization, or where injuries are likely to be permanent (paralysis);
- Any kind of brain injury;
- A death has resulted from the accident;
- The accident occurred in a construction area;
- Your accident involves a trucking company and injuries are involved;
- Your insurer involves its own attorney;
If possible, there are several things that should be done following an accident, including:
- Get the other driver's insurance information
- Get the other driver's personal information
- Contact the police
- Contact your insurance carrier
Also, please keep in mind that you have a time limit in which to file a lawsuit involving a car accident. Those time limits differ from state to state. In Tennessee, under most circumstances, an adult has one year from the date of the car accident in Tennessee to file a lawsuit, otherwise, his or her claim will be forever barred.
In another post, I will go into more detail as to the things I suggest you look for in hiring an attorney to represent you for your car accident in Tennessee. But, in a nutshell, I suggest you consult with an attorney who has all of the following credentials:
- Rated AV- Preeminent by Martindale-Hubbell
- Listed in Best Lawyers in America
- Certified as a Civil Trial Specialist
Tags: Car Accidents, Do I need a Lawyer
Friday, May 25, 2012
Teen Drivers - The Dangerous Days of Summer Driving
By Daniel Clayton posted in Car Accidents
For young drivers, May marks the beginning of the season of high danger. It’s prom and graduation time, when many teenaged drivers receive expanded driving privileges. It’s also near the start of summer vacation, when the stakes are extremely high for young drivers.
That’s why the period between Memorial Day and Labor Day has been dubbed by auto club AAA and Volvo as “The 100 Deadliest Days” for teen drivers.
Seven of the 10 deadliest days of the year for teens fall between those holidays, according to AAA. July and August are the deadliest months for 16- and 17-year-old drivers, according to the AAA Foundation for Traffic Safety.
This year, the deadly season for young drivers rolls around at a time when there is growing research by the AAA Foundation and others that the young drivers who engage less frequently in risky driving behavior are those who spend the most time talking about driving with their parents. The research also shows that more needs to be done to encourage those talks on safety: Vehicle crashes are still the leading cause of death for young Americans.
This year, the deadly season for young drivers rolls around at a time when there is growing research by the AAA Foundation and others that the young drivers who engage less frequently in risky driving behavior are those who spend the most time talking about driving with their parents. The research also shows that more needs to be done to encourage those talks on safety: Vehicle crashes are still the leading cause of death for young Americans.
On an average day in the USA, more than 11 teens die in crashes. In 2010, the four deadliest months for teen crash deaths, in order, were August, July, May and June, according to the Insurance Institute for Highway Safety, an insurance trade group. Many times these wrecks are the result of distracted driving, driver error or driver fatigue.
So this month lends urgency to that discussion – call it The Conversation – between parents and their young drivers. “Parents’ involvement and influence in the teen driving experience can literally mean the difference between life and death for their child,” says Susan Duchak, who leads The Allstate Foundation’s teen safe driving program.
Buckle up for Safety - Be Careful Driving this Memorial Day Weekend
Posted on behalf of Daniel Clayton in Car Accidents
The Tennessee Highway Patrol has announced that it is planning on cracking down on drivers who don't buckle up over Memorial Day weekend, authorities said on Tuesday.
“Memorial Day marks the beginning of the summer holiday travel season. It’s the perfect time to remind all motorists to buckle up. Tennessee State Troopers will be working around the clock to enforce the seat belt law in an effort to ensure the safety of the motoring public,” Department of Safety and Homeland Security Commissioner Bill Gibbons said.
Last year, 19 people died on Tennessee roadways over the holiday weekend, up nearly 50% over the previous day. Half of those people killed weren't wearing seat belts, officials said, adding that alcohol played a part in the death of six of them.
“More traffic-related fatalities can be prevented if motorists would simply wear their seat belt,” THP Colonel Tracy Trott said. “Wearing a seat belt will cost you nothing, but wearing one may just save your life. We can’t stress the importance of seat belt usage enough. Buckle up every time you get into a vehicle.”
Please enjoy your Memorial Day weekend. Please don't drink and drive. and - Buckle up for Safety!
http://www.volunteertv.com/news/headlines/THP_to_crack_down_on_those_who_dont_buckle_up_this_weekend_152688125.html
Tags: Car Accidents, Drunk Driving, Seat Belts
The Tennessee Highway Patrol has announced that it is planning on cracking down on drivers who don't buckle up over Memorial Day weekend, authorities said on Tuesday.
“Memorial Day marks the beginning of the summer holiday travel season. It’s the perfect time to remind all motorists to buckle up. Tennessee State Troopers will be working around the clock to enforce the seat belt law in an effort to ensure the safety of the motoring public,” Department of Safety and Homeland Security Commissioner Bill Gibbons said.
Last year, 19 people died on Tennessee roadways over the holiday weekend, up nearly 50% over the previous day. Half of those people killed weren't wearing seat belts, officials said, adding that alcohol played a part in the death of six of them.
“More traffic-related fatalities can be prevented if motorists would simply wear their seat belt,” THP Colonel Tracy Trott said. “Wearing a seat belt will cost you nothing, but wearing one may just save your life. We can’t stress the importance of seat belt usage enough. Buckle up every time you get into a vehicle.”
Please enjoy your Memorial Day weekend. Please don't drink and drive. and - Buckle up for Safety!
http://www.volunteertv.com/news/headlines/THP_to_crack_down_on_those_who_dont_buckle_up_this_weekend_152688125.html
Tags: Car Accidents, Drunk Driving, Seat Belts
Posted by Daniel Clayton in Car Accidents
Car manufacturers keep talking about improved safety features on their vehicles, but some people in Tennessee may be wondering how manufacturers and car companies are coming up with these advanced safety features. For example, how do they know that a side air bag is going to provide greater protection in a side-impact accident than some other type of door?
Tennessee drivers who were around in the 1980s may remember the crash-test dummies Vince and Larry who made appearances in public service announcements to encourage passengers to wear their seatbelts. Vince and Larry were just two of a host of different crash-test dummies that allowed manufacturers to study developing automobile safety issues.
There is a new type of dummy - the Hybrid III - that is being used to help researchers tackle such issues as distracted driving, texting while driving and drunk drivers. The Hybrid III, which is made of steel, rubber and vinyl, is a long way from what researchers have previously used. Before the invention of the crash-test dummy in 1949, scientists used human volunteers, animals, cadavers and sandbags to test a car's safety.
Although automobile manufacturers are working hard to keep Nashville drivers and passengers safe, their safety is sometimes dependent on the driving of other people on the road. It doesn't matter how safe a vehicle is if a drunk driver blows through a stop sign and causes a side-impact accident. When these kinds of accidents do happen, however, a driver can always hold the motorist who hit him or her responsible for the damage or injuries the victim sustained in the accident.
Source: New York Times, "Who Made That Crash-Test Dummy?"Hilary Greenbaum and Dana Rubinstein, May 18, 2012
Tags: Car Accidents, car safety
Car manufacturers keep talking about improved safety features on their vehicles, but some people in Tennessee may be wondering how manufacturers and car companies are coming up with these advanced safety features. For example, how do they know that a side air bag is going to provide greater protection in a side-impact accident than some other type of door?
Tennessee drivers who were around in the 1980s may remember the crash-test dummies Vince and Larry who made appearances in public service announcements to encourage passengers to wear their seatbelts. Vince and Larry were just two of a host of different crash-test dummies that allowed manufacturers to study developing automobile safety issues.
There is a new type of dummy - the Hybrid III - that is being used to help researchers tackle such issues as distracted driving, texting while driving and drunk drivers. The Hybrid III, which is made of steel, rubber and vinyl, is a long way from what researchers have previously used. Before the invention of the crash-test dummy in 1949, scientists used human volunteers, animals, cadavers and sandbags to test a car's safety.
Although automobile manufacturers are working hard to keep Nashville drivers and passengers safe, their safety is sometimes dependent on the driving of other people on the road. It doesn't matter how safe a vehicle is if a drunk driver blows through a stop sign and causes a side-impact accident. When these kinds of accidents do happen, however, a driver can always hold the motorist who hit him or her responsible for the damage or injuries the victim sustained in the accident.
Source: New York Times, "Who Made That Crash-Test Dummy?"Hilary Greenbaum and Dana Rubinstein, May 18, 2012
Tags: Car Accidents, car safety
Cracking Down on Texting and Driving in Tennessee
On behalf of Daniel Clayton posted in Car Accidents on Friday, May 11, 2012
Even though it is against the law in Tennessee to text while driving, sadly many teen drivers still skirt the rules by sending off a quick message. This post specifically talks about teen drivers. However, I recognize that adults text while driving at an alarming rate too. In my law practice, I have seen the devastating consequences of drivers texting while driving.
Of course, Tennessee is not unique in this regard, and rather teen drivers around the country choose to talk or text while driving. However, it does appear that even though many still participate in this distracted driving behavior, more and more teens are acknowledging — and in some cases — even speaking out against using a phone to text, or talk, while driving.
According to a recent survey by Consumer Reports magazine, the majority of drivers between the ages of 16 and 21 reported knowing that texting while driving is dangerous. However, 29 percent still admitted that they had texted while behind the wheel in the past month.
And while this certainly does show a disconnect between realizing a behavior is dangerous and doing it anyway, the good news is that many drivers did report lessening or all together stopping their distracted driving behaviors due to the known danger. Additionally, texting bans and family members asking them to stop using their cellphones while driving also reportedly played a role in the decrease.
Another surprising find in the survey was that younger drivers are less likely to text or talk on a cellphone if they have a friend in the car. Of course, one could look at this as not wanting to be rude, or already engaging in conversation with their passenger. But, 50 percent surveyed said they had personally asked a driver to stop using a phone while driving due to safety reasons. This could lead one to believe teen drivers are listening to their teen friends and not using their phone.
Source: The Wall Street Journal, “Young Drivers Can’t Resist Text in Cars,” May 8, 2012
posted in PERSONAL INJURY | tagged CAR ACCIDENTS, CELLPHONE USE, DISTRACTED DRIVERS, TEEN DRIVERS, TEXTING AND DRIVING
Memorial Day Weekend - Please Drive Carefully - Tennessee has had increase in Traffic Fatalities
On behalf of Daniel Clayton posted in Wrongful Death
Law enforcement in Tennessee is gearing up to crackdown on a number of different risky driving behaviors like distracted driving, drunk driving and not wearing a seatbelt. The hope is that the increased focus will help to combat the recent spike the state has seen in the number of motor vehicle related fatalities.
According to the director of the Governor’s Highway Safety Office in Nashville, the number of traffic fatalities for the first three months of the year is up 28 percent from the same time period in 2011. Specifically, there have already been 238 fatal motor vehicle accidents in 2012. Last year there were 186.
Broken down by numbers for this year, in January there were 67 fatalities, followed by 71 deaths in February and 100 motor vehicle fatalities last month.
When looking at why there has been an increase, one Tennessee sheriff said reasons could include the fact that weather turned warmer earlier this year, and the economy has also gotten better, which has led to people driving more.
In the past, law enforcement agencies throughout the state have only targeted one dangerous driving behavior at a time, like drunk driving or speeding. However, a recently approved demonstration project will allow officers and deputies to target a number of issues at the same time.
The project is with the National Highway Traffic Safety Administration and will go on for two years.
Officials are hopeful that participation in this demonstration project will lead to preventing injury and fatality causing accidents from even happening in the first place.
Source: The Commercial Appeal, “Rise in traffic fatalities fuels crackdown on traffic violations in Tennessee,” Kevin McKenzie, April 9, 2012
posted in WRONGFUL DEATH | tagged CAR ACCIDENTS, FATAL ACCIDENTS, TRUCKING ACCIDENTS,WRONGFUL DEATH | LEAVE A COMMENT
Thursday, May 24, 2012
Sleep Apnea and Commercial and Truck Drivers: A Deadly Combination
Posted by Daniel Clayton, www.DanielClaytonLaw.com in motor vehicle accidents
People who experience pauses during sleep could possibly have a life-threatening breathing disorder called sleep apnea. These breathing interruptions can occur up to 400 times a night and last for 10 seconds or more. It is difficult for people to recognize the symptoms of sleep apnea in themselves, so it often goes undiagnosed.
According to the Federal Motor Carrier Safety Administration (FMCSA), around 28 percent of commercial truck drivers may have obstructive sleep apnea, which is a scary combination. Around 17 percent have mild sleep apnea, while close to 6 percent have a moderate form and almost 5 percent have severe sleep apnea.
One study noted that drivers with untreated sleep apnea have a higher risk of being involved in a truck accident. The study also indicated that during a series of performance tests, drivers with untreated sleep apnea fared worse than those with higher than legal blood alcohol concentrations for commercial truckers. This research shows that for any commercial drivers with symptoms of sleep apnea, being on the road is a dangerous and potentially fatal situation.
Typical symptoms of sleep apnea are a combination of loud snoring, daytime fatigue, sleeping at odd times, memory difficulties, lack of focus, irritability and morning headaches. While sleep apnea can afflict men or women of any age, people who are overweight, smoke, drink alcohol, have large neck sizes or who are over 40-years-old are at an increased risk. Additionally, people with family members who have sleep apnea are more likely to develop it. After sleep apnea is diagnosed and treated, many commercial drivers can once again take to the road to perform their jobs safely.
For commercial truck drivers who suspect they may have sleep apnea, it is best to visit a qualified state medical examiner for a medical fitness evaluation. Many states have medical requirements for commercial drivers that include sleep apnea as a disqualifying condition when it is moderate to severe and prevents safe driving practices. Drivers with mild to moderate sleep apnea can undergo treatment, however, to requalify for their commercial driving licenses.
It is safer for both commercial truckers and others on the road if those operators with moderate to severe sleep apnea have limited driving privileges.
Source: “Sleep Apnea and Commercial Drivers,” Federal Motor Carrier Safety Administration
According to the Federal Motor Carrier Safety Administration (FMCSA), around 28 percent of commercial truck drivers may have obstructive sleep apnea, which is a scary combination. Around 17 percent have mild sleep apnea, while close to 6 percent have a moderate form and almost 5 percent have severe sleep apnea.
One study noted that drivers with untreated sleep apnea have a higher risk of being involved in a truck accident. The study also indicated that during a series of performance tests, drivers with untreated sleep apnea fared worse than those with higher than legal blood alcohol concentrations for commercial truckers. This research shows that for any commercial drivers with symptoms of sleep apnea, being on the road is a dangerous and potentially fatal situation.
Typical symptoms of sleep apnea are a combination of loud snoring, daytime fatigue, sleeping at odd times, memory difficulties, lack of focus, irritability and morning headaches. While sleep apnea can afflict men or women of any age, people who are overweight, smoke, drink alcohol, have large neck sizes or who are over 40-years-old are at an increased risk. Additionally, people with family members who have sleep apnea are more likely to develop it. After sleep apnea is diagnosed and treated, many commercial drivers can once again take to the road to perform their jobs safely.
For commercial truck drivers who suspect they may have sleep apnea, it is best to visit a qualified state medical examiner for a medical fitness evaluation. Many states have medical requirements for commercial drivers that include sleep apnea as a disqualifying condition when it is moderate to severe and prevents safe driving practices. Drivers with mild to moderate sleep apnea can undergo treatment, however, to requalify for their commercial driving licenses.
It is safer for both commercial truckers and others on the road if those operators with moderate to severe sleep apnea have limited driving privileges.
Source: “Sleep Apnea and Commercial Drivers,” Federal Motor Carrier Safety Administration
Tags: sleep apnea, truck accidents
Risky Driving by Teen Drivers
Posted on behalf of Daniel L. Clayton, selected as the ‘Nashville Best Lawyers Medical Malpractice Law – Plaintiffs Lawyer of the Year’ for 2012, in motor vehicle accidents
Any parent of a young, newly-minted driver knows that teen drivers are a high-risk group – and as a result, adding them to a car insurance policy can double, or even triple, the rates that they pay.
In order to determine why this is the case, the U.S National Institutes of Health (NIH) conducted a study that observed the driving habits of 42 new teenage drivers in Virginia, as well as their parents, for 18 months. Before the study began, the NIH installed participants’ cars with internal and external cameras, GPS devices, and systems that collect data on when the cars accelerated and how many miles the cars were driven.
After observing participants for 18 months, the NIH found that:
“This is the first naturalistic or objective assessment of teenage risky driving,” said lead researcher Bruce G. Simons-Morton in a statement. “Sadly, it points out the teenage driving dilemma, which is that newly licensed drivers of all ages, but particularly teenagers, are a high risk for accidents early on.”
Why Teen Drivers Get Into More Accidents
In addition to engaging in risky behaviors, teen drivers are less likely to accurately assess how dangerous a situation is, which causes them to proceed normally in cases where they should use more caution. They also tend to drive during nighttime hours, which increases the risks of being in an accident. And when teenagers are involved in car crashes, they are more likely to sustain serious personal injuries because they tend to avoid using seat belts.
Source: “Why Teen Car Insurance is Expensive: They’re Bad Drivers,” Fox News, 1/6/12
Any parent of a young, newly-minted driver knows that teen drivers are a high-risk group – and as a result, adding them to a car insurance policy can double, or even triple, the rates that they pay.
In order to determine why this is the case, the U.S National Institutes of Health (NIH) conducted a study that observed the driving habits of 42 new teenage drivers in Virginia, as well as their parents, for 18 months. Before the study began, the NIH installed participants’ cars with internal and external cameras, GPS devices, and systems that collect data on when the cars accelerated and how many miles the cars were driven.
After observing participants for 18 months, the NIH found that:
- there were 37 crashes among the study’s teens, and 2 accidents that involved the adults
- the teen drivers were involved in 242 near-accidents, compared to the 32 near-crashes that involved their parents
- the more experience that teen drivers gained, the fewer near-accidents they were involved in – although they did not come close to reaching the near-accident rates of the adults during the time of the study
- teens were five times more likely to engage in risky behaviors, such as driving too fast and making rapid turns and hard stops
- after teen drivers were involved in an accident, or a close call, it did not deter them from engaging in risky driving behaviors
“This is the first naturalistic or objective assessment of teenage risky driving,” said lead researcher Bruce G. Simons-Morton in a statement. “Sadly, it points out the teenage driving dilemma, which is that newly licensed drivers of all ages, but particularly teenagers, are a high risk for accidents early on.”
Why Teen Drivers Get Into More Accidents
In addition to engaging in risky behaviors, teen drivers are less likely to accurately assess how dangerous a situation is, which causes them to proceed normally in cases where they should use more caution. They also tend to drive during nighttime hours, which increases the risks of being in an accident. And when teenagers are involved in car crashes, they are more likely to sustain serious personal injuries because they tend to avoid using seat belts.
Source: “Why Teen Car Insurance is Expensive: They’re Bad Drivers,” Fox News, 1/6/12
Reducing Distractions for Commercial and Truck Drivers
Posted on behalf of Daniel L. Clayton, selected as the ‘Nashville Best Lawyers Medical Malpractice Law – Plaintiffs Lawyer of the Year’ for 2012, in motor vehicle accidents
According to research conducted by the Federal Motor Carrier Safety Administration (FMCSA), drivers of commercial vehicles are three times more likely to be involved in a crash if they are reaching for a cell phone or similar object. That accident risk increases to six times more likely if the drivers are dialing. It is clear; when drivers of commercial vehicles such as large trucks and buses take their eyes off the roadways, the outcomes can be deadly.
To decrease distracted driving accidents stemming from cell phone use, the FMCSA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) have issued a joint final rule banning drivers from use of hand-held cell phones while operating commercial motor vehicles.
When announcing the new regulation last fall, U.S. Department of Transportation Secretary Ray LaHood said, “I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel.”
Effective January 3, 2012, the new rule carries stiff federal penalties for drivers and companies who violate the law. For each offense, drivers will face a civil penalty of up to $2,750. If a driver commits multiple offenses, s/he may be disqualified from operating commercial vehicles. More specifically, drivers who commit two serious violations within a three-year period will be disqualified for commercial driving for at least 60 days. With three or more violations in three years, the penalty extends to 120 days of disqualification.
In addition to federal efforts, states have stepped up to stop distracted driving, too. Though no state has completely banned the use cellular telephones, many states have enacted laws preventing the use of cell phones in certain commercial vehicles such as school buses and motor coaches.
Carrier companies who fail to enforce the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMR) will not go unpunished. Specifically, companies that allow drivers to use hand-held mobile devices while driving may be fined up to $11,000.
The mobile telephone rule allows drivers of commercial vehicles to use hands-free devices including wired or wireless earpieces to initiate, answer or end a call by touching a single button. Drivers are also allowed to use other push-to-talk communications equipment as long as it does not require drivers to remove their eyes from the roadways and allows them to communicate without having to hold, dial or reach for the device.
Source: “Starting Jan. 3, Commercial Drivers Banned from Hand-Held Cell Phone Use,” Business Fleet, 12/28/11
According to research conducted by the Federal Motor Carrier Safety Administration (FMCSA), drivers of commercial vehicles are three times more likely to be involved in a crash if they are reaching for a cell phone or similar object. That accident risk increases to six times more likely if the drivers are dialing. It is clear; when drivers of commercial vehicles such as large trucks and buses take their eyes off the roadways, the outcomes can be deadly.
To decrease distracted driving accidents stemming from cell phone use, the FMCSA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) have issued a joint final rule banning drivers from use of hand-held cell phones while operating commercial motor vehicles.
When announcing the new regulation last fall, U.S. Department of Transportation Secretary Ray LaHood said, “I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel.”
Effective January 3, 2012, the new rule carries stiff federal penalties for drivers and companies who violate the law. For each offense, drivers will face a civil penalty of up to $2,750. If a driver commits multiple offenses, s/he may be disqualified from operating commercial vehicles. More specifically, drivers who commit two serious violations within a three-year period will be disqualified for commercial driving for at least 60 days. With three or more violations in three years, the penalty extends to 120 days of disqualification.
In addition to federal efforts, states have stepped up to stop distracted driving, too. Though no state has completely banned the use cellular telephones, many states have enacted laws preventing the use of cell phones in certain commercial vehicles such as school buses and motor coaches.
Carrier companies who fail to enforce the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMR) will not go unpunished. Specifically, companies that allow drivers to use hand-held mobile devices while driving may be fined up to $11,000.
The mobile telephone rule allows drivers of commercial vehicles to use hands-free devices including wired or wireless earpieces to initiate, answer or end a call by touching a single button. Drivers are also allowed to use other push-to-talk communications equipment as long as it does not require drivers to remove their eyes from the roadways and allows them to communicate without having to hold, dial or reach for the device.
Source: “Starting Jan. 3, Commercial Drivers Banned from Hand-Held Cell Phone Use,” Business Fleet, 12/28/11
Cerebral Palsy - Causes and Treatments
Posted on behalf of Daniel L. Clayton, selected as the ‘Nashville Best Lawyers Medical Malpractice Law – Plaintiffs Lawyer of the Year’ for 2012, in medical malpractice
About two to three children out of every 1,000 in the United States suffer from cerebral palsy. It affects people of all ethnicities, sexes and socioeconomic groups. Cerebral palsy is a physical disability of the brain that causes many hardships, both financial and emotional, for children and their families.
Types:
There are three different types of cerebral palsy. The first is spastic cerebral palsy in which the child is stiff and has difficulty with movement. The second type is athetoid cerebral palsy where the child has uncontrolled and involuntary movements. The last type is ataxic cerebral palsy where the child has difficulty with balance and depth perception.
Symptoms:
Symptoms of cerebral palsy appear within the first three years of life. Common symptoms include:
•· Abnormal muscle tone resulting in slouching
•· Delay of developmental milestones, including speaking or crawling
•· Problems with feeding and sucking
•· Unusual crawling
•· Stiff or floppy movements
•· Poor balance
•· Easily startled
•· Awkward positioning when lying down
•· Coordination problems
•· Hearing or eyesight issues
•· Problems with bowel or bladder control
•· Seizures
•· Limited range of motion
•· Swallowing problems
Causes:
Cerebral palsy is caused by damage to the cerebrum. The cerebrum is the part of the brain responsible for many things including: muscle control, learning ability, memory and communication. It can be caused by complications before the baby is born.
Cerebral palsy is sometimes caused by the negligence of doctors or nurses during labor and delivery. If the doctor improperly uses forceps, fails to properly monitor the baby’s heartbeat or fails to ensure that the baby is receiving oxygen, it can cause damage to the cerebrum, causing the baby to develop cerebral palsy.
Treatments:
Cerebral palsy cannot be cured and treatment usually involves multiple medical professionals who help parents to assist in their children’s development. Treatment can include therapy, medication, braces or surgery. Treatment will be different for every child and may be very expensive depending upon the child’s needs.
What Can You Do:
Raising a child with cerebral palsy is often a very expensive undertaking due to the necessary treatment. If your child has cerebral palsy and you believe negligence caused by doctors or nurses during delivery is the cause, consider contacting an attorney specializing in medical malpractice.
Source: “Cerebral Palsy,” emedicinehealth.com
Types:
There are three different types of cerebral palsy. The first is spastic cerebral palsy in which the child is stiff and has difficulty with movement. The second type is athetoid cerebral palsy where the child has uncontrolled and involuntary movements. The last type is ataxic cerebral palsy where the child has difficulty with balance and depth perception.
Symptoms:
Symptoms of cerebral palsy appear within the first three years of life. Common symptoms include:
•· Abnormal muscle tone resulting in slouching
•· Delay of developmental milestones, including speaking or crawling
•· Problems with feeding and sucking
•· Unusual crawling
•· Stiff or floppy movements
•· Poor balance
•· Easily startled
•· Awkward positioning when lying down
•· Coordination problems
•· Hearing or eyesight issues
•· Problems with bowel or bladder control
•· Seizures
•· Limited range of motion
•· Swallowing problems
Causes:
Cerebral palsy is caused by damage to the cerebrum. The cerebrum is the part of the brain responsible for many things including: muscle control, learning ability, memory and communication. It can be caused by complications before the baby is born.
Cerebral palsy is sometimes caused by the negligence of doctors or nurses during labor and delivery. If the doctor improperly uses forceps, fails to properly monitor the baby’s heartbeat or fails to ensure that the baby is receiving oxygen, it can cause damage to the cerebrum, causing the baby to develop cerebral palsy.
Treatments:
Cerebral palsy cannot be cured and treatment usually involves multiple medical professionals who help parents to assist in their children’s development. Treatment can include therapy, medication, braces or surgery. Treatment will be different for every child and may be very expensive depending upon the child’s needs.
What Can You Do:
Raising a child with cerebral palsy is often a very expensive undertaking due to the necessary treatment. If your child has cerebral palsy and you believe negligence caused by doctors or nurses during delivery is the cause, consider contacting an attorney specializing in medical malpractice.
Source: “Cerebral Palsy,” emedicinehealth.com
Posted in Medical Malpractice|Tagged cerebral palsy, Medical Malpractice, medical mistakes|Leave a comment
Some Birth Injuries Don't Have to Happen
Posted on behalf of Daniel Clayton, selected as the ‘Nashville Best Lawyers Medical Malpractice Law – Plaintiffs Lawyer of the Year’ for 2012, in Medical Malpractice
No soon-to-be parent even likes to think of it, but the truth remains that sometimes a doctor of medical staff’s negligence during the delivery of a baby can lead to injury. And while some of these birth injuries are rather minor, like a bruise or a scratch, others are quite severe and can end up affecting a child for the rest of his or her life.
According to studies, birth injuries affect one out of every six babies born in the U.S. This statistic does include those minor injuries, but also includes fractured bones, facial paralysis, cerebral palsy and Erb’s palsy.
Overall, a baby being born with a fractured collar bone is one of the most common injuries. Fortunately, once the child is fixed to a certain position, the bone tends to heal without any further complications.
However, in some birth injuries the child is not as lucky. For example, sometimes during delivery the baby’s shoulders get stuck behind the mother’s pubic bone. When this happens, in some cases doctors and nurses do not react appropriately, and the baby can end up with damage done to the nerves in their shoulder, arm and hand. After this, the child may go on to need surgery, and in some instances never regains the full range of motion in their arm.
Medical malpractice can also lead to cerebral palsy. This can happen for a number of reasons, including a cesarean section not being ordered soon enough, the improper use of forceps, umbilical cord compression and improper fetal heartbeat monitoring.
Overall, it’s important to remember that while some birth injuries are unpreventable, others happen due to medical negligence on behalf of doctors, nurses and anesthesiologists. Because of this, when a baby suffers a birth injury, it is a good idea to fully examine the cause of the injury, to see if negligence was the root cause.
Source: ABC Action News, “How medical malpractice leads to birth injuries,” Ed Greenberger, Jan. 27, 2012
According to studies, birth injuries affect one out of every six babies born in the U.S. This statistic does include those minor injuries, but also includes fractured bones, facial paralysis, cerebral palsy and Erb’s palsy.
Overall, a baby being born with a fractured collar bone is one of the most common injuries. Fortunately, once the child is fixed to a certain position, the bone tends to heal without any further complications.
However, in some birth injuries the child is not as lucky. For example, sometimes during delivery the baby’s shoulders get stuck behind the mother’s pubic bone. When this happens, in some cases doctors and nurses do not react appropriately, and the baby can end up with damage done to the nerves in their shoulder, arm and hand. After this, the child may go on to need surgery, and in some instances never regains the full range of motion in their arm.
Medical malpractice can also lead to cerebral palsy. This can happen for a number of reasons, including a cesarean section not being ordered soon enough, the improper use of forceps, umbilical cord compression and improper fetal heartbeat monitoring.
Overall, it’s important to remember that while some birth injuries are unpreventable, others happen due to medical negligence on behalf of doctors, nurses and anesthesiologists. Because of this, when a baby suffers a birth injury, it is a good idea to fully examine the cause of the injury, to see if negligence was the root cause.
Source: ABC Action News, “How medical malpractice leads to birth injuries,” Ed Greenberger, Jan. 27, 2012
Posted in Medical Malpractice|Tagged Birth Injuries, cerebral palsy, Erb's Palsy, Medical Malpractice|Leave a comment
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