Archive for February, 2010

Recommendations to Prevent Doctor Fatigue, Improve Patient Safety

Thursday, February 18th, 2010

doctor fatigue malpractice 219x300 Recommendations to Prevent Doctor Fatigue, Improve Patient SafetyFatigue is an issue that affects many professionals, including airline pilots, commercial tractor-trailer truck drivers and bus drivers.   Indeed, our Chicago truck accident lawyers have represented families of those killed when their vehicles were struck by tractor-trailers whose drivers had either fallen asleep or were fatigued — as evidence by driver violations of hours of service  safety regulations.

Although transportation industry-related professions have received most of the attention from regulators concerning fatigue prevention, and with good cause, the effect of fatigue on doctors and medical professionals is moving to the forefront of patient safety.  Doctor fatigue is one potential cause of patients becoming permanently injured or killed by medical malpractice.

Earlier this month, a coalition of public safety and public interest groups, including Public Citizen and Mothers Against Medical Errors, launched WakeUpDoctor.org as part of its “campaign to increase public awareness and gather stories about patients who have received inferior medical care from fatigued physicians.” The campaign is an effort to make give voice to patients who have suffered preventable medical errors while under the care of a doctor suffering from fatigue.

Serious medical error caused by physician fatigue may be actionable negligence. If you suspect a permanent injury or death was caused by medical negligence, contact the Chicago medical malpractice attorneys of Passen Law Group today at (312) 527-4500 for a Free Consultation.

The Accreditation Council on Graduate Medical Education (ACGME), the organization responsible for regulating residency training programs, is set to come out with new guidelines this year on safer work hours and better supervision. The forthcoming guidelines are in response to December of 2008 Institute of Medicine (IOM) report titled “Resident Duty Hours: Enhancing Sleep, Supervision, and Safety.”

The report focused on residents, who are doctors-in-training. Residency programs last from three to five years, during which resident doctors work shifts of 24-30 consecutive hours, then a 12-hour shift followed by another 24-30 hour shift. And 24-30 consecutive hour shifts are often scheduled ten times a month. Such scheduling leaves little room for residents to sleep, leading to fatigue and otherwise preventable medical errors.

The report made a series of recommendations, including:

•    Defined off-duty periods between shifts based on the timing and duration of shifts
•    Increase number of mandatory days off
•    Restrict medical moonlighting by residents during their off-hours

Stricter reporting rules were also recommended, such as more frequent and unannounced visits to check for compliance.

For a Free Consultation with one of our Chicago medical negligence lawyers, call Passen Law Group at (312) 527-4500.

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Army Study Investigates IED-Related Traumatic Brain Injury

Tuesday, February 16th, 2010

ied induced traumatic brain injury 300x224 Army Study Investigates IED Related Traumatic Brain InjuryA new study on traumatic brain injury (TBI) is being conducted by the U.S. Army Tank Automotive Research, Development and Engineering Center, in conjunction with Joy Hirsch, professor at Columbia University.  The study focuses on soldiers who have suffered a traumatic brain injury from roadside bombs.  For a free consultation with an experienced Chicago brain injury lawyer, call Passen Law Group at (312) 527-4500.

The US Army study notes that the number of Improvised Explosive Device (IED) casualties and serious injuries has grown significantly in recent years, especially in the Afghanistan and Iraq wars.  Often times, soldiers are unaware they have suffered a TBI, especially a mild brain injury.  Other times, TBI is not properly diagnosed and treated and soldiers are sent back into active duty, placing their lives and the lives of others in even greater risk.

Therefore, with the stated goal of understanding the “neurophysiology that underlies the behavioral disabilities,” the study looks at pre and post-deployment functional magnetic resonance imaging (fMRI).  fMRI provides high resolution images of the brain, and measures the changes in blood flow related to neural activity in the brain to help identify active areas when patients are asked to perform specific cognitive, language and memory tasks.  The results of the study will measure the extent of various levels of traumatic brain injury, monitor treatment and therapy, and prevent furthering brain injury by multiple IED blast exposures.

Traumatic brain injuries are serious injuries and can require life-long care. They are caused by many factors, such as car accidents, falls and lack of oxygen to the brain. They can also be the result of someone else’s negligence, so it is important to contact a top Chicago brain injury attorney.

One proposal from the study is to have soldiers undergo a fMRI scan before being deployed in order to provide a baseline comparison when they return.  This is analogous to recent calls for high school football players to have baseline test done in order to better diagnose and assess concussions, which are a type of TBI.  Since effects from TBIs may not be immediately noticed, such as changes in behavior, a baseline provides a measure to help identify and treat TBIs earlier, reducing the chance for life-long effects.

Another idea is to install sensors onto military vehicles to record information about a roadside bomb blast, such as magnitude and location. The data collected can be used to develop better treatments as well as safer vehicles.

For a Free Consultation with one of our Chicago brain injury attorneys, call Passen Law Group at (312) 527-4500.

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Technology Causing Distracted Driver Accidents?

Thursday, February 11th, 2010

high tech vehicle dashboard 300x194 Technology Causing Distracted Driver Accidents?In 2010, distracted driving will remain a hot topic and rightly so. Technology has become an integral part of our every day lives and has transformed methods of transportation, such as automobiles, into remote offices.  The problem that our Chicago car accident attorneys are beginning to see, however, is what happens when drivers become distracted by certain technology in their vehicles and become distracted, resulting in catastrophic crashes.

The majority of stories written about distracted driving, both here and in major media outlets, have focused on  conduct of drivers.  People talk on cell phones; people send text messages; people check email; people surf the internent while driving, all while driving. Indeed, in an effort to curb the actions of people, states like Illinois have passed laws curbing or outright banning such activities.  The federal government has passed similar bans for certain commercial drivers.

What has been given far less scrutiny is the continued proliferation of car dashboard and console gadgets that contribute to driver distraction.  Our Chicago truck accident attorneys believe more thought should be given to the premise that “more” technology in our vehicles is necessarily better.

The U.S. Department of Transportation defines distracted driving as any non-driving activity, which distracts the driver’s attention away from the task of driving.  For years, experts have found that hundreds of people have been seriously injured or killed in a truck accident caused by drivers whose attention were distracted for a split second while changing the radio station.

In this new era of technology, drivers are bombarded with many more potential driving distractions that simply the radio.  Whereas vehicle dashboards, for example, used to simply display information such as gearshift position, speed, and how much gas was left in the tank, today microprocessors make it possible to display much more information digitally, and provide an array of sensors that light up, make a noise or even talk to the driver.

Vehicle consoles, like dashboards, used to be simple. Whereas the console previously had a radio station with five or six stations, many of today’s vehicles are equipped with satellite radio, which has thousands of stations to choose from.

Indeed, the console has become a multitude of technical gadgets, from 6-disc CD changers and DVD players, to satellite radio and navigation systems.  Many new cars are now equipped with either permanent or portable GPS devices, which often focus the driver’s attention away from the road to the dashboard.

Changing tracks on a CD, changing CDs, changing satellite stations and listening to the navigation system talk you through turn-by-turn directions all demand attention. And that demand for attention means there is less attention available to concentrate on driving.

As more research is done on distracted driving, let’s remember that it is not just the driver bringing in distractions like a cell phone, there are distractions already built into the vehicle.  Vehicle manufacturers must be mindful that incorporating too many technological distractions into their vehicles may result in catastrophic consequences for their drivers.

For a Free Consultation with one of Passen Law Group’s Chicago personal injury lawyers, call us at (312) 527-4500.

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