Personal Injury and Social Security Disability Blog

Disability Clinical Negligence Rife in the UK's NHS

This guest post is from my English friend Mr. Jim Loxley of My Compensation, who is getting as frustrated as I am about the state of affairs for injured and disabled people in both our countries.

As somebody who deals with disability discrimination cases, the topic of this blog really struck a chord with me when I first found it. I have a number of friends in the legal profession who are clinical negligence solicitors and personal injury experts who also now keep up to date here. P.I.S.S.D indeed. One of the issues is that precisely that, that there are so many issues. It seems alarmingly easy to write a great many articles poking holes in both UK and US politics and the processes surrounding how injured and disabled people are treated. During a conversation with a clinical negligence solicitor about these issues I decided that this time round I would browse the Internet and see what positive action had been taken toward such issues in order to put a more optimistic spin on this difficult and often frustrating topic.

In spite of my determination to bring a positive spin on the usual frustration which is disability law, I was met with a great deal of resistance by the search engines. Browsing around the internet slowly saw me meeting with bad news after bad news story. I'd be lying if I said there was no good news whatsoever but the instances were often for countries outside the US and UK and rarely were the stories tackling the problem at the root cause or making any significant contribution to a solution.

Perhaps inevitably, I found a story which was prime material for the theme of P.I.S.S.D. It transpired that a clinical negligence solicitor report published earlier this year showed that there were some 74 deaths of disabled patients within the UK’s NHS health service. It seemed that their deaths had been caused either directly or via complications of NHS staff members who were unaware of the best way to treat these disabled people. On occasion, NHS staff members had failed in their basic task of caring and actually outright ignored disabled people who needed their attention. The report issued by the clinical negligence solicitor also held a quote from a spokesperson for a UK disabled persons organisations stating that “too many parts of the National Health Service still do not understand how to treat people with a learning disability.” Alarming stuff

The real question here for me is: what can we do to move forward so that in the future there will be more positive news stories to find surrounding issues of disability? I think that blogs such as this one are a great way to the start raising awareness and many non-profit organisations and groups are doing a great job too. With a national health service currently a very real possibility for the US, I hope that consideration of disabled individuals is higher on the agenda than it appears to be on our NHS. I’m going to put some thought into what might be done to raise awareness of these issues but, in the meantime, I can only hope that our societies get better in the future.

Dallas-Area Drivers Lead Texas in Deadly Road Rage

I've written several times about Road Rage, and how to prevent becoming a victim of it. Now we learn from a report in the Dallas Morning News that the Dallas area leads the state in fatal road rage incidents. Here are excerpts from the article:

Young drivers, in construction-heavy, rush-hour traffic, are paying little heed to Texas’ motto of friendship.

They’re the chief cause for making Dallas and Tarrant counties combined the worst place for road rage crashes statewide over the last five years, statistics show.

The accident-prone hot spots locally include Interstate 635, the spaghetti mix of highways near downtown Dallas and Dallas/Fort Worth International Airport.

Although road rage incidents represent a small part of the overall number of accidents, law enforcement officers, highway engineers and researchers are looking for more ways to keep drivers from overreacting — and avoiding the often deadly results.

“Our signs on the roadway say ‘Drive Friendly’ … but sometimes we forget our common courtesy,” said Lonny Haschel, a Department of Public Safety spokesman.

Road rage — defined as an assault with a motor vehicle or a weapon during or after a car crash — is yet another concern among safety advocates who have pressed for limits on cellphone use by drivers, texting and other distractions.

Between 2007 and 2011, law officers cited road rage as a contributing factor in more than 4,500 crashes, according to Texas Department of Transportation statistics.

Dallas County leads all other urban areas in fatal road rage accidents — five in the last five years.

Authorities have discretion to classify an accident’s cause as road rage when writing reports.

Based on those in the Texas Department of Transportation database, Dallas County had about 180,000 traffic accidents in the last five years, and 329 involved road rage. Tarrant County had 559 crashes attributed to road rage out of more than 130,000 accidents.

Together, the neighboring North Texas counties had more road rage crashes than any other area, according to a San Antonio Express News analysis of the reports. It also found:

Most road rage crashes statewide occurred between 4 and 7 p.m., the height of rush hour.

A third of all drivers accused of road rage were in their 20s, responsible for more accidents that any other age group.

San Antonio’s Bexar County reported more road rage accidents, 680, than any other single county.

Often, aggressive driving is a catalyst for road rage, but the two are different, said Lt. Scott Bratcher with the Dallas Police Department’s traffic division.

“Aggressive driving is more of an issue. It’s the people that are in a hurry that don’t care about anybody else,” he said.

Bratcher and other officials say it’s no surprise that many accidents happen on the interstates around Dallas and near D/FW Airport.

“Those are the freeways here that are subject to congestion and where a lot of people will lose their tempers,” Bratcher said.

Congestion also can push drivers over the edge, a risk made greater in North Texas by the current LBJ Freeway construction.

TxDOT’s list of most congested roadway segments includes five in North Texas.

Friday Fun

I've seen lots of flashmob videos, but this has to be the sweetest ever.

Hot Weather Can Mean Burns at the Playground

As we get into the heart of 100 degree days in Dallas, we need to be aware of the various ways our young kids or grandkids can be affected. One type of injury some of us may not think about is burns suffered at playgrounds. Fortuntely the days of the old metal play equipment are gone now, but even the new plastic materials can get hot enough to blister young children. A good explanation of this was given by a story from a Denver TV station. Click here to watch the video.

 

Hundreds of Thousands of Strollers Recalled for Safety Defects

There have been hundreds of thousands of baby strollers recalled this week dues to injuries and even one death. Details are contained in an article in the Los Angeles Times:

Peg Perego recalled hundreds of thousands of strollers Tuesday because children can become trapped and strangled between trays on them. One death has already been reported.

A 6-month-old boy from Tarzana died of strangulation in a stroller in 2004, and a 7-month-old girl from New York was nearly strangled in 2006, according to Peg Perego USA Inc. The company said entrapment and strangulation can take place, particularly among those younger than a year old, when the child is not harnessed into the stroller. If unharnessed, children can pass through the opening between the tray and the seat bottom and the child's neck and head can become trapped by the tray.

Peg Perego is recalling about 223,000 strollers, which include Venezia and Pliko-P3 strollers in various colors, made from January 2004 to September 2007.

Only strollers with a child tray and one cup holder are part of the recall. Strollers with a bumper bar in front of the child or a tray with two cup holders are not included in this recall.

The company said the strollers were made before a voluntary industry standard was implemented in January 2008 that addresses the height of the opening between the stroller's tray and the seat bottom. The voluntary standard requires larger stroller openings that prevent infant entrapment and strangulation hazards.

The Pliko-P3 strollers sold for $270 to $330, while the Venezia strollers sold for $350 to $450. The strollers were sold at various retailers, including Buy Buy Baby and Babies R Us.

Consumers are advised to immediately stop using the strollers and contact Peg Perego for a free repair kit at http://www.PegPeregoUSA.com.

Separately, Kolcraft Enterprises Inc. is recalling some strollers because of potential falling and choking hazards.

The company is recalling about 5,600 of the Contours Options LT double strollers with model number ZT012 sold from February to July. However, no injuries have been reported.

The front wheel assembly can break, which could lead to a child's falling out of the stroller. And the nuts that hold the stroller's basket support screws in place can detach on strollers made in January and February. The detached nuts are a potential choking hazard.

Consumers should immediately stop using the strollers and contact Kolcraft for free replacement wheels. Those with strollers made in January and February will also receive replacement nuts. The company can be contacted online at http://www.kolcraft.com.

Lawmakers Discuss New Safety Standards for Urban Transit Systems

WUSA-TV Washington reports on its website, "After a horrific Metro Red Line tragedy in 2009 that killed nine people and injured 76, Maryland's Congressional delegation led the way in pushing for reform, insisting on national safety standards." Up "until now, there was not a single federal safety regulation for Metro trains or any other passenger train nationwide." Peter Rogoff, Administrator of the Federal Transit Administration, commented, "Since 1964, there has been a gaping loophole in transit safety oversight." In addition, NTSB Chairman Deborah Hersman commented, "The legislators have done what they needed to do-give the authority to establish these safety standards. It's now up to Metro, the operators and the regulators to make sure that that promise is fulfilled."

NEWS 8-TV Washington, DC  reports, "For the first time, there are federal safety standards for subway systems like Metro." Congress "has passed and the president signed off on the new federal transportation safety bill." The NTSB "is recommending requirements like better evacuation and rescue routes, black box data recorders, and limits on the number of hours train operators can be on the job."

The AP reports, "Lawmakers and transportation officials gathered Monday to discuss the new law, which mandates the establishment of federal safety standards for subway, bus, light rail and streetcar systems." Deputy Transportation Secretary John Porcari said, "This will mean lives saved." The NTSB is assisting in the development of safety standards, and "among other things, the NTSB will push for minimum crashworthiness standards for subway cars, a requirement that subways carry data recorders and limits on the number of hours that train conductors can work." Rogoff said "the government would not take the step to withhold grant funding lightly because transit agencies need money to make systems safer."

WAMU-FM, DC  reports on its website, "The proposed standards, which will include guidelines for crashworthiness and improved evacuation measures in case of an emergency, will also include recommendations made by the NTSB." Officials say "regulations could take up to a year to establish."

The Gaithersburg (MD) Gazette reports, "Congressional and federal transportation officials staged a news conference Monday at Metro's training center to tout the first-ever national safety standards for transit systems, even as Metro wrestles with ongoing safety concerns." The conference had been "scheduled before the weekend's software glitch, in which personnel lost track of two trains, and dozens of trains had to idle in stations." The incident "follows the recent mishaps in which a subway car's doors opened in route and a heat-related kink in the track caused a derailment."

From the American Association for Justice news release.

Taking Away Right To Sue When Wrong Has Been Done Isn't Helping Texans

Tort reform never seems to accomplish its purported goal of reducing medical costs for patients, but always accomplishes its real goals — denial of consumer rights and protection of insurance companies and corporations. This editorial in the Austin American Statesman is by the consumer group Texas Watch.

While the state is crumbling under a real health care crisis, Gov. Rick Perry and his friends in the special interest lobby continue defending a lobbyist-driven health care battle from a decade ago that has failed Texas patients.

They want you to believe that taking away the legal rights of patients is good medicine. Try as they might, though, there is no disputing the facts:

Texas ranks dead last in the quality of health care, our health care costs are soaring at a rate faster than the national average, we rank near the bottom in the number of doctors who actually see patients, and we have the highest rate of people without health insurance. These are facts, not spin-doctored anecdotes like the ones the governor and his cronies in the insurance lobby like to use.

Back in 2003, politicians and lobbyists made a pack of promises about what they alleged would happen if voters approved a ballot proposition that severely and arbitrarily restricted the legal rights of Texas patients.

Among them was that what you spend on health care would go down. Turns out, they lied. Now, they are trying to cover their tracks.

Insurance industry lobbyist John Opelt recently said, "We did not and have not led voters astray."

Really? Numerous political mailers paid for by Opelt's group during the 2003 campaign tell a different story.

One mailer said the ballot initiative would "reduce ... health costs." Another said it would make "health care more affordable and available for all Texans."

All of this comes from a playbook they've been using for decades: Claim there is a crisis of some sort, say that restricting individual legal rights is the solution, promise Texas families and small business owners the moon, and attack anyone who disagrees.

Texans are smart, though. We know when someone is pulling a fast one.

How can it be that eliminating accountability for polluters, careless nursing homes, insurance companies, Wall Street bankers and big drug makers is good for the public? The answer is that it can't be.

Numerous academic studies by independent organizations and legal scholars prove that it is a fallacy to claim that taking away the legal rights of individuals will benefit the public at-large.

Whether we are talking about patients, policyholders or small business owners, we have seen time and again that when lobbyists succeed in stripping or curtailing individual legal rights, the public is harmed.

The only ones who benefit are a narrow group of special interests.

Yet every time one of these proposals comes to the Texas Legislature, the lobbyists claim this will be good for all Texas citizens.

Texans know better. We believe that accountability is good and necessary. This is a basic value we teach our children.

When a person or corporation causes needless harm, they should be held responsible for it. Plain and simple.

When wrongdoers succeed in getting away with the harm they cause, the rest of us are left to pick up the pieces and pay the tab.

Texas faces a host of real-world problems, including a broken health care system. It has been a decade since the governor signed away the rights of Texas patients under the false promise of better, cheaper, and more accessible care.

Sadly, rather than admitting he was wrong, Perry has chosen to be campaigner-in-chief and head lobbyist for the special interests.

Texans deserve real solutions from leaders who understand the importance of personal and corporate responsibility, and who want to find answers to our state's problems that improve the lives of everyday Texans — not just a narrow group of powerful interests.

Friday Fun

Guys, focus on the pool shots. Yeah, you may have to watch it twice to do that. I understand.  

Dog Bite Injuries Are a Bigger Problem Than You Might Think

Dog bites are not what you think of first when the term "personal injury" occurs. But over the years our firm has seen many terrible injuries caused by vicious dogs, including many to young children. Now an article from Yahoo points that in 2010 alone, one insurance company paid over $100 million on dog bite claims. Here are excerpts:

State Farm Insurance, one of the nation's largest home insurers, paid more than $109 million on about 3,800 dog bite claims nationwide last year, spokesman Eddie Martinez said Wednesday. In 2010, there were about 3,500 claims and $90 million in payouts.

The Insurance Information Institute estimated that nearly $479 million in dog bite claims were paid by all insurance companies in 2011, spokeswoman Loretta Worters said. In 2010, it was $413 million.

State Farm is still working to determine reasons for the spike, Martinez said.

About 4.7 million people are bitten by dogs each year and more than half of the victims are children, the Centers for Disease Control and Prevention said. About 800,000 people seek medical attention for the bites. Less than half of those people require treatment and about 16 die, the agency said.

After children ages 5 to 9 years old, the agency said that seniors represent the largest group at risk, followed by letter carriers.

Heredity, training, socialization, health, and the behavior of humans around it can all contribute to a dog's tendency to bite, Martinez said.

The ASPCA predicts half of all children in the United States will be bitten by a dog before 12. The majority of bites will be from the family dog or the dog of a neighbor or friend.

People across the country own about 78.2 million dogs, according to the American Pet Products Association.

State Farm's figures listed the top 10 states by number of claims, claims paid and claim average.

California was tops in the first two categories, then came Illinois, 309 claims, $10 million; Texas, 219 claims, $5.1 million; and Ohio, 215, $5.4 million.

At the bottom of the claims per state list were Maine, New Mexico, Montana, Hawaii and South Dakota, Martinez said.

The average cost per claim nationally in 2011 was $28,799, Martinez said.

California had a per-claim average of $38,500 but New York came in first because the company paid an average of $45,900 per claim there. Michigan was second with an average $38,700 per claim.

In 2010, California led the way with 369 claims and total payouts of $11.3 million. But the average cost per claim in the state was $30,000, placing it second behind Florida, where the average cost per dog bite claim was $38,400. Florida had 146 claims for a total of $5.6 million.

There are ways to help a child avoid dog bites, the ASPCA says.

A youngster should never stare into a dog's eyes, tease a dog, approach a chained dog, touch an off-leash dog, run or scream if approached by a loose dog, play with a dog while it is eating or touch a dog while it is sleeping. If a loose dog comes close, children should stand very still and be very quiet. Always ask a dog's owner for permission to pet it and let the dog sniff your closed hand before you start touching it.

Sad Commentary On Patient Rights In Texas

What does it say about the patient protection laws in Texas when a Kentucky corporation that owns 21 skilled nursing facilities in that state is willing to transfer ownership to a Texas corporation just so they don't have to worry about being sued for negligence?

The company, Extendicare, says that "tort reform" laws in Kentucky aren't strong enough, at least compared with the laws in Texas, which come close to giving nursing home operators almost complete immunity from medical negligence lawsuits.

So Extendicare is going to lease all 21 of its nursing homes in Kentucky to a Texas corporation. The homes will, obviously, stay in Kentucky. How sad that Texas has such a reputation for valuing the rights of businesses over the rights of the elderly and disabled who reside in nursing homes.