Archive for April, 2011

Good News on Traffic Safety

Tuesday, April 26th, 2011

With the seemingly never-ending flow of motor vehicle accidents in the United States, including many that lead to fatalities or permanent, severe disability, the Chicago car accident attorneys of Passen Law Group are encouraged by recent reports in the area of traffic safety.

This month, the National Highway Traffic Safety Administration (NHTSA) released a report analyzing data from 1949 through 2010. The report revealed that American traffic deaths are now at the lowest level since that date.

This decline in fatalities is particularly impressive because Americans are now driving far more than in the past.  In 2010, for example, Americans drove an astounding 21 billion miles more than they did in 2009.

So why the decline? The NHTSA attributes the decline to the fact that cars have become progressively safer.  Take, for example, the Ford Pinto, put on the market almost forty years ago.  The Pinto was a safety disaster.  Since that time, much has been done to improve the safety of the cars placed on American roads, from better technology and safety features to more aggressive regulations.  That begs the question: why have cars become safer?

Our car accident lawyers know one answer: civil litigation.  Holding corporate manufacturers and distributors accountable through the civil justice system for unnecessarily placing the public at risk with unsafe vehicles serves as a huge deterrent.  The threat of litigation has forced manufacturers to place consumer safety ahead of profit.

Litigation moves automotive safety forward: revealing safety defect and forcing manufacturers to correct them.  Over the years, litigation has uncovered and corrected a number of the biggest safety issues in automobiles, including the Pinto defects, acceleration issues, “rolling” parked cars, and the dangers of strangulation and amputation to children from rocker-style power windows.

In the case of power window problems, the technology was available – cars marketed in Europe and Asia already used safer alternatives – and regulation had utterly failed.  European and Asian regulators already required the safer options, but the NHTSA did not.  It was not until after costly litigation on the issue that American cars were forced to adopt safer power windows and save the lives of countless children.

Yet the automotive industry continues to maintain that suits should be prohibited if the vehicles in question comply with federal standards.  Our car injury attorneys recognize the appeal of such a proposal to these manufacturers, and also recognize that such a proposal would lead to disaster.  The Pinto, the power windows that strangled hundreds of children – all these vehicles complied with the federal regulations of their day.

If it were not for the courage of victims, and the efforts of the attorneys who represent them, automotive safety would never have come this far.  We also know that these numbers are deceiving — take, for instance, the sudden acceleration recall involving Toyota vehicles that have been linked to dozens of deaths — every day hundreds of people are seriously injured or killed in motor vehicle accidents.

For a free consultation with an experienced Chicago car accident lawyer at Passen Law Group, call us at (312) 527-4500.

Disabled Railroad Crossing Again Leads to Injuries

Friday, April 22nd, 2011

railroad crossing Disabled Railroad Crossing Again Leads to InjuriesIn another recent Chicago train accident, last month two cars hit a stopped train on the South Side, close to Halsted and 90th.  The train, which had been traveling East, was stopped on the tracks at around 3:00 a.m. when two cars collided with it, one from each side.  One car became wedged under the train, the other hit a connecter between two cars.  Four people were injured in the accident.  Although all survived, all four had to be hospitalized for varying lengths of time at Stroger and Christ hospitals.

Those who live and work in the Chicago area have become accustomed to the regular, periodic reports of collisions between automobiles and trains — especially those injured at dangerous railroad crossings.  Many of these accidents hardly catch our notice, as they are the result of careless, wanton drivers attempting to beat a train or ignoring a signal.

But this accident falls into another category of accident, one which occurs less frequently but regularly, as well:  accidents that occur when the gates and safety signals designed to protect motorists and pedestrians are inoperative.

In this case, the train’s engineer reportedly noticed that the crossing lights were inoperative, then complied with federal “stop and flag” rules by stopping the train and putting out flares to warn approaching motorists of the train’s presence.  The victims, however, reported that they did not see any flares as they approached the tracks.

Unfortunately, compliance with federal “stop and flag” rules turned out to be the more dangerous course in this case.  As federal investigators have now concluded, only these particular safety signals were malfunctioning (as a result of the buildup of road salt from the winter snows, which had caused interference with the electrical circuits needed to power the signals).  Thus proceeding through the intersection may have been the safer course.

Moreover, stopping the train left a pitch-black tanker car parked across the road, with no visible lights or warning signals.  The accident occurred in the early morning hours, when a black train car was nearly impossible to see.  Even local Fire Department Deputy Chief Arriel Gray, one of the emergency officials who responded, noted that due to the disabled lights, the fire department also had difficulty seeing the black train car.

In spite of the unfortunate result, our experience Chicago train injury attorneys certainly do not blame the engineer for complying, or at least attempting to comply, with the applicable federal rules.  But we are suspicious of how the circumstances leading to the accident came to pass at all.

Locals reported that the gates and signals at this location had actually been malfunctioning for several months at the time of the accident.  Thus, proper precautions and responses by any number of individuals could have prevented the accident.

For example, had regular maintenance or checks been occurring, the problem could have been caught and corrected.  Likewise, it is inconceivable that this was the first train to pass through this busy intersection in months.  If even one prior train had noticed the nonfunctioning signals and followed the federally-mandated “stop and flag” policy – or at least reported the malfunction – the the problem would have been corrected long before this accident occurred.

The failure of multiple train operators to report this problem over the course of several months is almost certainly negligence.  Our Chicago train accident lawyers are appalled at the lack of concern shown by the railroad and its officials.  Fortunately, their negligence did not result in any deaths – this time.  We hope that the victims will hold the railroad accountable, and that the railroad will thereby take greater precautions in the future.  Because next time, the victims may not be so lucky.

For a Free Consultation with a top-rated Illinois railroad injury attorney at Passen Law Group, call us at (312) 527-4500.

Workplace Injury Rates in Decline

Thursday, April 21st, 2011

labor statistics Workplace Injury Rates in DeclineOur workplace injury lawyers commonly represent people who have been seriously injured, or even killed, in the scope of their employment.  For many years, the incidence of employment-related injuries was left completely unchecked, and seemed to increase year after year.  More recently, however, rates of nonfatal workplace illness and injury have fortunately been in steady decline.

The latest data released by the U.S. Department of Labor’s Bureau of Labor Statistics from 2009  — the most recent year analyzed — shows the rates of nonfatal occupational illness or injury per 100 full-time employees dropped from 3.9 in 2008 to 3.6 in 2009.   This represents the sixth straight year of declining illness and injury rates.  There has now been a decline in every year since 2003, the first year in which the Bureau of Labor Statistics first began compiling and reporting this data. 

Our personal injury attorneys are encouraged that rates of workplace injuries have been in decline.  However, we know all too well that there is still room for serious improvement.  For instance, there are many contexts in which workplace injuries can have devastaing consequences, particularly when heavy machinery is involved, such as construction site accidents or factory injuries.

We stand, as always, ready to provide legal assistance to those who suffer severe, preventable injury or illness in the workplace, although we know that the best possible outcome for any worker is to avoid the injury in the first place.

For a Free Consultation with a top-rated Chicago workplace injury lawyer at Passen Law Group, call us at (312) 527-4500.

Study Finds Chicago Hospitals Fall Short on Basic Safety

Wednesday, April 20th, 2011

Medical errors occur all too often — and with devastating consequences for patients and their families.  Indeed, as recently reported by the Chicago Tribune, if the current national rates of medical malpractice apply here in Chicago, then every day in Chicago-area hospitals medical errors claim the lives of ten patients and injure one hundred others.

Take, for example, hospital-acquired infections as a result of medical care, generally from catheters or IV lines.  As our top medical malpractice attorneys have previously written, these infections are generally not only preventable, but easily preventable.  Studies have shown that such simple, common-sense measures as routine handwashing and proper sterilization would effectively eliminate such infections.  Yet they continue to occur at alarming rates at hospitals and medical centers across the country, leading to serious illness and death.

Likewise, bedsores (otherwise known as decubitous ulcers) are a completely preventable medical complication. Bedsores are an extremely painful complication caused when a patient is left for far too long in one position. Just as it sounds, this complication can be easily prevented by the simple expedient of regularly repositioning those patients who are immobile.

A third common medical complication, post-operative sepsis (a bacterial infection), is not quite as easy to prevent, but can be effectively treated if caught promptly.  Like hospital-acquired infections, rates of post-operative sepsis can be greatly reduced by proper sterilization and sanitation practices (such as routine handwashing).  But perhaps even more importantly, when post-surgical patients are properly monitored, infections can be identified and treated early, before they have a chance to develop into life-threatening conditions.

The methods of preventing or reducing these problems are so simple, so common-sense, that it would be easy to assume that top Chicago-area hospitals, prominent hospitals with good reputations, have comparatively low rates of these conditions.  As our Chicago malpractice attorneys are all too well aware, however, this is not the case.

The recent Tribune article examined rates of complications in eight prominent local hospitals.  This information was derived from publicly-available data on whynotthebest.com, a site designed to “motivate” and enable hospitals to provide better care, and was presented to local health care executives.  The hospitals the author looked at were:

•    The University of Chicago
•    The University of Illinois
•    Northwestern
•    Rush
•    Loyola
•    Lutheran General (the flagship hospital for the Advocate system)
•    Evanston (the flagship hospital for NorthShore University)
•    Stroger (Cook County’s public hospital)

The data available was adjusted for the condition of the patient – how sick he was to begin with, and thus how susceptible he would be to additional complications, and severity of those complications.  The site also adjusted for statistical significance, meaning that only those hospitals who were demonstrably better or worse than average were reported as such.

For rates of infections caused by medical care, three of these hospitals – Loyola, the University of Chicago, and the University of Illinois, were all ranked as “significantly worse” than average. Not one of these eight local hospitals ranked significantly better than average in rates of these largely preventable infections.

For rates of bedsores, Loyola was again ranked as significantly worse than average.  Indeed, Loyola’s rate of patient bedsores was nearly nine times the average, a shocking rate even to our experienced medical malpractice lawyers.  Again, not one of these eight prominent Chicago hospitals ranked above average in this area.

As to the third category, post-operative bacterial sepsis, only the University of Chicago was ranked significantly worse than average.  Interestingly, Stroger (a public Cook County hospital) ranked “significantly better” than average in this category.

This data is truly telling.  While many of these hospitals are renowned for their innovative and effective care, what these data demonstrate is that, in many cases, they are simply not taking care of their patients.  It is, quite simply, of no use to a patient to have her cancer cured through a cutting-edge treatment if she passes away from a preventable IV-borne infection.

We urge each of these hospitals – and others – to examine their patient-care practices, and to truly make patient safety a priority.

For a Free Consultation with a top-rated Chicago serious injury lawyer at Passen Law Group, call us at (312) 527-4500.

Misinformation Key to Tort Reformers

Monday, April 18th, 2011

Our medical malpractice attorneys in Chicago have often written about the falsehoods and misinformation behind the movement for so-called “tort reform.”  One area of misinformation has gotten some play recently:  the idea of “defensive medicine.”

Defensive medicine is a term coined by proponents of “tort reform” to describe the supposed overuse of unnecessary or unjustified tests and procedures, simply to avoid a future malpractice lawsuit.  As our medical malpractice lawyers have previously discussed, the practice of defensive medicine may itself constitute fraud, if the doctor is billing federal or state Medicare or Medicaid programs for these tests and services.  Submitting a bill to these programs for services which were not medically necessary or justified is fraud on the government, and is not only unethical, it is a crime.

More fundamentally, however, there is absolutely no evidence that: (1) doctors are practicing “defensively” to the detriment of their patients’ health; or (2) medical malpractice lawsuits have anything to do with it.

For instance, in a recent New Yorker article, Dr. Atul Gawande quoted his discussions with McAllen physicians of various specialties, and talked to them about why McAllen had the most expensive health care in the nation.  The physicians initially blamed malpractice suits, claiming that the town was “legal hell.”

But when pressed about the fact that Texas’ tort reform laws had so curtailed patient’s rights that malpractice lawsuits in the state had dropped “practically to zero,” the physicians admitted that these arguments were “bullshit.”  Medical care in the town was expensive, they admitted, because doctors increased fees and charges by ordering extra tests, procedures, and other medical services.

In other words: (1) doctors and hospitals made more money by ordering extra tests and providing additional medical services; and (2) those tests and medical procedures, if anything, improved patient care; and (3) the irrational fear of medical malpractice had no impact on this practice.

Indeed, a new study out of the University of Iowa, led by David Katz, M.D., found that physicians’ reported fears of being sued for malpractice are in fact irrational — because doctors are not being sued, and are not held liable, for conduct that falls within the agreed-upon standard of care within the medical community.

Nevertheless, the hype and lobbying over tort reform has become so pervasive that physicians believe they are in constant peril of being sued for “frivolous” lawsuits, even when this is not the case.  There is absolutely no mention of all of the safeguards in place to prevent against inappropriate lawsuits, such as: (1) the requirement in nearly every state, including Illinois, that a doctor must file a sworn affidavit that there is a merit to the malpractice lawsuit before such a suit can be filed; (2) judges can sanction inappropriate lawsuits; (3) lawyers representing plaintiffs typically have contingency arrangements with their clients — meaning if the plaintiff loses, his or her lawyer gets nothing — and is out all of the expenses paid with respect to the lawsuit.

Conversely, what fears are completely rational?  Those of patients.  As our medical malpractice attorneys have previously reported, according to the U.S. Department of Human Services, when a patient enters the hospital she has a one in seven chance of being harmed there, including medical injury that leads to severe, permanent disability or death.

Clearly, the proper solution to a misperceived defensive medicine epidemic is not to take away the legal rights of the one in seven patients whom these doctors injure.  It is time to end, once and for all, the specter of “tort reform” and move forward with real reforms to reduce malpractice suits – instituting and following proper procedures that will prevent medical malpractice in the first place.  In the meantime, our attorneys stand ready to defend the rights of the victims of this plague of bad medicine.

For a free consultation with an experienced Chicago malpractice injury lawyer at Passen Law Group, call us at (312) 527-4500.