Personal Injury and Social Security Disability Blog

Federal Regulators Continue Push to Require Rearview Cameras in All Cars by 2014

I've written before, and expressed my approval of the National Highway Traffic Safety Administration's effort to require back-up cameras in all cars sold in the United States. Now NHTSA is back in the news because the agency is planning to send their final draft of that rule to Congress today. Whether Congress will have the nerve to fight the auto manufacturers and actually pass such a requirement. The manufacturers oppose it because it would raise the price of each auto.

This latest part of the story was reported in the Los Angeles Times. Here are excerpts:

By 2014, every new passenger car on the road will have a rearview camera, if federal regulators have their way.

The final draft of the rule, which the National Highway Traffic Safety Administration is expected to send to Congress on Wednesday, would require automakers to install the backup function.

And it’s not just to prevent curb-hopping and love-tapping. Each year, 228 people die after being struck by passenger vehicles going in reverse – including about two children a week, according to the New York Times. Accidents caused by drivers backing up also injure 17,000 people annually.

The mandate to build in cameras and viewing screens – first proposed in 2010 – could cost automakers between $160 and $200 for each car, or as much as $2.7 billion total each year.

The camera is currently standard on fewer than half of model-year 2012 vehicles.

Hospitals Increasingly Under Pressure to Reduce Errors

The AP reports, "More than a dozen serious medical errors were reported at Middle Tennessee hospitals over the past three years - and federal statistics indicate probably 80 more were not reported." Previously, "hospitals have been reluctant to admit mistakes, fearing malpractice lawsuits." However, "hospitals are increasingly under pressure to reduce errors, and to do that, they have to recognize them."

Data indicate lingering resistance to open discussion of medical mistakes. American Medical News reports, "For more than a decade, patient safety leaders have urged medicine to shift from an approach that shames and blames individual doctors and nurses for medical errors to a 'culture of safety' where open discussion and reporting about adverse events, mistakes, disruptive behavior and unsafe conditions are prized rather than punished." An increasing "body of evidence is showing that higher safety culture scores are correlated with better clinical outcomes and lower rates of hospital-acquired conditions." However, "data released in February by the Agency for Healthcare Research and Quality show that most physicians, nurses, pharmacists and other health professionals working in hospitals believe their organizations are still more interested in punishing missteps and enforcing hierarchy than in encouraging open communication and using adverse-event reports to learn what's gone wrong."

From the American Association of Justice press release.

 

Consumer Group Seeks Texas Insurance Data to Identify "Junk" Policies

I've written before about the decrease in coverage of "standard" insurance policies in Texas, and the blind eye turned to this practice by the state agency charged with oversight. An update on this story has been reported in the Dallas Morning News. Here are excerpts:

A leading consumer group, trying to prove its argument that many Texas drivers and homeowners have “junk” insurance policies, filed an open records request seeking detailed information on all current policies sold in the state.

Texas Watch filed the unusual request with the Texas Department of Insurance, asking for all residential and automobile insurance policy forms and endorsements now in use. An endorsement is used by an insurer to add or subtract specific coverage in the original policy.

“Research conducted by the Texas Department of Insurance demonstrates that deregulation of policy forms in the state has led to significantly less coverage for most homeowners, who are being forced to pay good money for what are aptly described as ‘junk policies,’” said Alex Winslow, executive director of Texas Watch, referring to a department report from early 2011.

Winslow said the report indicates that when comparing current homeowner policies with the uniform, comprehensive policies used in Texas in the early 2000s, about 87 percent have less coverage for continuous leakage from plumbing or air conditioning.

Nearly 72 percent provide less coverage for backup of sewers and drains, and 67 percent give less coverage for damage to slabs and foundations. Some policies also offer less coverage today for damage caused by theft, freezing pipes, falling trees, mold and sudden discharge from AC systems.

“The bottom line is that consumers are hard-pressed to find a policy that offers the same level of protection they had 10 years ago” even though premiums have gone up, Winslow said.

Industry representatives disputed the criticism, saying that insurance consumers in Texas know upfront what their policies cover and don’t cover — and most are satisfied.

Mark Hanna of the Insurance Council of Texas said policies sold in Texas offer a variety of choices that have “all kinds of coverages, deductibles and rates” as well as a multitude of different companies to choose from.

The criticism of “junk” policies has gotten the interest of some lawmakers, including at a recent meeting of the Senate Business and Commerce Committee.

“Many consumers don’t know what they’re getting,” said Sen. Leticia Van de Putte, D-San Antonio. “All they know is they’re getting a raw deal.”

Texas Watch said one answer is to standardize policies using forms that provide comprehensive coverage for those who buy auto and homeowners insurance.

Friday Fun

Here's a funny commercial for Carlsberg beer:

Misconceptions Regarding Asbestos Ban in the U.S.

This guest post is from the New Jersey car accident law firm of Console & Hollawell.

The recent report from the U.S. Geological Survey (USGS) on the amount of asbestos consumption in 2011 may come as a surprise to some. What many fail to realize is that asbestos is not totally banned, but rather there are regulations limiting or banning it only in certain aspects.

There is an outright ban on mining asbestos in the United States, but there is nothing saying that we cannot import it. In fact the majority of the asbestos consumed in 2011 came from Canada where there are little or no regulations regarding asbestos which has gained them worldwide scrutiny, especially from the European Union. The report illustrated that the consumption of asbestos has risen more than 25 percent since 2009. It was estimated that there were 1,100 tons of asbestos used in the U.S. in 2011 (compared with only 869 tons in 2009).

The reason many falsely believe that no one purposely uses asbestos anymore is because of the known health risks. There is a direct link between asbestos exposure and a deadly cancer known as mesothelioma. Since it is such a well-known fact that asbestos and mesothelioma are linked, that further fuels the belief that Canada is careless in its failure to ban or regulate the production and exporting of the dangerous carcinogen.

The revisions to the Clean Air Act in 1990 only limited the use of asbestos, it did not ban it. The revision explicitly states that it, “prohibits spray-on application of materials containing more than one percent of asbestos to buildings, structures, pipes, and conduits unless the material is encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying.”

It went on to explain that more than one percent asbestos is still acceptable when sprayed on machinery.

The effects of asbestos exposure are severe. Mesothelioma was once a rare cancer, but now has become more common. Each year 10,000 people die from complications related to asbestos exposure. If you or someone you love is suffering from an asbestos-related illness contact an accident lawyer in New Jersey today to find out your legal rights and options.

NHTSA Proposes New Device Guidelines to Combat Distracted Driving

The New York Times reports that the National Highway Traffic Safety Administration "formally urged carmakers on Thursday to stop equipping automobiles with entertainment and navigation systems that can distract drivers," specifying that the proposed guidelines were not meant to stop the features, but rather make their designs safer. Transportation Secretary LaHood said, "The choice between ensuring drivers are safe and including cutting-edge features in cars is false."

USA Today adds that under the guidelines, "drivers could not 'visual-manual' text message, browse the Internet, look at their Facebook accounts, key in an address into the navigation system, input a phone number or see more than 30 characters of any incoming message unless the car is stopped and out of gear." The NHTSA will hold hearings on the country on the proposed rules, according to USA Today. NHTSA Administrator David Strickland commented, "There are some automakers that have no strategy at all" for device safety.

From the American Association of Justice press release.

Study Finds High Levels of Arsenic in Some Baby Formulas and Cereal Bars

Premises liability injuries can happen almost anywhere — from broken staircases that were never repaired to unmarked slippery floors. Hazardous situations that result in personal injury are normally the responsibility of the property owner.

Property owners are required by law to maintain safe conditions for visitors to their premises. This includes warning visitors about dangerous conditions and resolving the problem in a reasonable amount of time. If property owners do not provide sufficient warnings or take care of hazards on their property, their negligence can result in a visitor’s injury.

However, the property owner is not always willing to admit to their negligence, in which case a personal injury lawyer is needed to represent the rights of the victim.

Defining a Premises Liability Claim
A premises liability claim is a civil lawsuit in which the victim of a personal injury may file against the owner of the property where the accident occurred. However, as property owners cannot be held responsible for every loss suffered on the property, negligence of the property owner is usually a key factor in the claim.

In order to prove negligence, the injured victim must show that the property owner knew about the hazardous condition that caused the accident and did not take action to fix the problem. For example, the property owner may have failed to repair a broken step or label a slippery floor. A premises liability injury may also be caused by criminal activity that was left undetected due to insufficient security on the premises.

Types of Injuries
There are many different types of injuries that a victim of a premises liability accident may suffer. These include:

-        Broken Bones: A slip-and-fall accident may result in a broken arm, leg, shoulder, or hand. Elderly victims who slip and fall often suffer hip fractures that cause permanent damage.

-        Bumps and Bruises: These minor types of injuries are common in slip-and-fall accidents. While they may not require medical attention or civil litigation, victims should still consult with a medical professional to ensure that the injuries aren’t serious.

-        Head Injuries: A head injury from an accident can possibly cause a fractured skull or a traumatic brain injury, which can result in symptoms such as headaches, blurred vision, and even a permanent loss in physical or mental ability.

-        Lacerations: Lacerations may result from an accident involving a sharp object lying on the ground in a frequented area. These injuries usually need medical treatment and may sometimes require surgery.

-        Spinal Damage: The spine and spinal cord can be damaged in an accident that causes the victim to twist or strain the spine or neck. Such injuries may cause severe back pain or even paralysis

-        Sprained Wrists and Ankles: A fall caused by uneven flooring or a broken step may easily result in sprained wrists or ankles when victims try to catch themselves from falling.

Compensation
The compensation that a victim can receive from a premises liability claim depends on the extent of the injuries. Losses to be considered in a civil lawsuit may include hospital bills, prescription drug costs, therapy fees, lost wages, and suffering related to the accident. Working with an experienced premises liability attorney can speed up the process toward receiving compensation.

This guest post is courtesy of Jesse Harwell, a former private investigator who now owns and manages the site Master of Homeland Security. It is a resource for students looking to earn a Master's Degree in Homeland Security.

Understanding Premises Liability Injuries

Premises liability injuries can happen almost anywhere — from broken staircases that were never repaired to unmarked slippery floors. Hazardous situations that result in personal injury are normally the responsibility of the property owner.

Property owners are required by law to maintain safe conditions for visitors to their premises. This includes warning visitors about dangerous conditions and resolving the problem in a reasonable amount of time. If property owners do not provide sufficient warnings or take care of hazards on their property, their negligence can result in a visitor’s injury.

However, the property owner is not always willing to admit to their negligence, in which case a personal injury lawyer is needed to represent the rights of the victim.

Defining a Premises Liability Claim
A premises liability claim is a civil lawsuit in which the victim of a personal injury may file against the owner of the property where the accident occurred. However, as property owners cannot be held responsible for every loss suffered on the property, negligence of the property owner is usually a key factor in the claim.

In order to prove negligence, the injured victim must show that the property owner knew about the hazardous condition that caused the accident and did not take action to fix the problem. For example, the property owner may have failed to repair a broken step or label a slippery floor. A premises liability injury may also be caused by criminal activity that was left undetected due to insufficient security on the premises.

Types of Injuries
There are many different types of injuries that a victim of a premises liability accident may suffer. These include:

-        Broken Bones: A slip-and-fall accident may result in a broken arm, leg, shoulder, or hand. Elderly victims who slip and fall often suffer hip fractures that cause permanent damage.

-        Bumps and Bruises: These minor types of injuries are common in slip-and-fall accidents. While they may not require medical attention or civil litigation, victims should still consult with a medical professional to ensure that the injuries aren’t serious.

-        Head Injuries: A head injury from an accident can possibly cause a fractured skull or a traumatic brain injury, which can result in symptoms such as headaches, blurred vision, and even a permanent loss in physical or mental ability.

-        Lacerations: Lacerations may result from an accident involving a sharp object lying on the ground in a frequented area. These injuries usually need medical treatment and may sometimes require surgery.

-        Spinal Damage: The spine and spinal cord can be damaged in an accident that causes the victim to twist or strain the spine or neck. Such injuries may cause severe back pain or even paralysis

-        Sprained Wrists and Ankles: A fall caused by uneven flooring or a broken step may easily result in sprained wrists or ankles when victims try to catch themselves from falling.

Compensation
The compensation that a victim can receive from a premises liability claim depends on the extent of the injuries. Losses to be considered in a civil lawsuit may include hospital bills, prescription drug costs, therapy fees, lost wages, and suffering related to the accident. Working with an experienced premises liability attorney can speed up the process toward receiving compensation.

This guest post is courtesy of Jesse Harwell, a former private investigator who now owns and manages the site Master of Homeland Security. It is a resource for students looking to earn a Master's Degree in Homeland Security.

Friday Fun

I've never used a plain joke or a list like this for a Friday Fun post. But this was emailed to me by my 92-year-old mother, so I feel obligated. Plus, it's funny.

Puns for Educated Minds:

1. The fattest knight at King Arthur's round table was Sir Cumference. He acquired his size from too much pi.

2. I thought I saw an eye doctor on an Alaskan island, but it turned out to be an optical Aleutian .

3. She was only a whiskey maker, but he loved her still.

4. A rubber band pistol was confiscated from algebra class, because it was a weapon of math disruption.

5. No matter how much you push the envelope, it'll still be stationery.

6. A dog gave birth to puppies near the road and was cited for littering.

7. A grenade thrown into a kitchen in France would result in Linoleum Blownapart.

8. Two silk worms had a race. They ended up in a tie.

9. A hole has been found in the nudist camp wall. The police are looking into it.

10. Time flies like an arrow. Fruit flies like a banana.

11. Atheism is a non-prophet organization.

12. Two hats were hanging on a hat rack in the hallway. One hat said to the other: 'You stay here; I'll go on a head.'

13. I wondered why the baseball kept getting bigger. Then it hit me.

14. A sign on the lawn at a drug rehab center said: 'Keep off the Grass.'

15. The midget fortune-teller who escaped from prison was a small medium at large.

16. The soldier who survived mustard gas and pepper spray is now a seasoned veteran.

17. A backward poet writes inverse.

18. In a democracy it's your vote that counts. In feudalism it's your count that votes.

19. When cannibals ate a missionary, they got a taste of religion.

20. If you jumped off the bridge in Paris , you'd be in Seine .

21. A vulture boards an airplane, carrying two dead raccoons. The stewardess looks at him and says, 'I'm sorry, sir, only one carrion allowed per passenger.'

22. Two fish swim into a concrete wall. One turns to the other and says 'Dam!'

When Doctors Ditch Pens, Medical Errors Drop

Here's a very interesting article from the Washington Post writer Ezra Klein on his WonkBlog. The gist is that when doctors use computerized systems to prescribe medication, the error rate drops by 60%.

There’s a lot of interest in health care right now in digitizing doctors’ decision-making, using computer databases to assist in diagnoses and treatments (Exhibit A: Wellpoint’s pilot project using Dr. Watson, the Jeopardy-winning super-computer, to assist doctors in the exam room). NPR flags new research that underscores how much that kind of technology could improve the quality of care we receive.

The study, published this week in the online journal PLoS One, examined medical errors at two Australian hospitals before and after implementing an e-prescribing system, where doctors use a computer to assist with ordering medications. The computer system studied here reviewed the patient’s current medications, alerted the prescriber to any potential conflicts, and then sent the order off, electronically, to the pharmacy.

When hospitals ditched pens, and switched to e-prescribing, the impact was pretty impressive. Error rates in prescriptions dropped by 60 percent, the researchers found. That’s huge, especially when you consider the scope of errors in hospital care right now. By one estimate, one in seven hospital patients will experience a mix-up in their medical experience. As the lead study author tells NPR, “People can actually read the prescribing orders now. You’re not relying on trying to interpret handwriting.” And that means more accurate, and error-free, medical care.