Posts Tagged ‘personal injury attorney’

Distracted Driving Leads to Injury and Wrongful Death

Tuesday, June 22nd, 2010

Our Chicago wrongful death attorneys have previously discussed some of the recent incidents in Illinois highlighting the dangers of distracted driving.  Although some still take distracted driving lightly, experts estimate that engaging in distracted driving is roughly comparable to driving after drinking four alcoholic beverages.  Distracted driving, while dangerous at all times, is particularly dangerous at high speeds.  At about 55 miles per hour, a driver who takes his eyes off the road for 5 seconds essentially drives the length of an entire football field with his eyes closed.

Some estimates put the percentage of automobile accidents in the United States caused by distracted driving as high as 80%.  Indeed, a distracted driver is 23 times as likely to be in an accident.  When drivers take their eyes off the road for as little as 2 seconds, crash risk doubles.  As many as 28% of accidents in the United States are caused by drivers distracted by cellphones and texting.  And while much of the media attention lately has focused on texting, the very real danger of driving while using a handheld cellphone should not be ignored.  Drivers using a handheld cellphone have a risk of causing an accident four times greater than those who refrain, and comparable to a drunk driver.  Yet studies show that 81% of Americans use a handheld cellphone while driving.

Additionally, many Americans mistakenly believe that driving while on a hands-free cellphone is no different than talking to a passenger in the car.  Yet science shows that this is false:  our brains process information differently depending upon whether we are talking to a live person or using a cellphone, and are unable to multitask as effectively while doing the later.  If you doubt this, ask yourself if, while having open-heart surgery, you would be comfortable with your surgeon chatting on a hands-free cellphone.  Your intuition should give you all the answer you need.

Distracted driving is a particular problem among teens and young drivers.  Our Chicago personal injury lawyers urge parents to carefully discuss distracted driving and its consequences with young drivers, and monitor their driving habits closely.  Drivers under 20, especially inexperienced drivers, have the highest rate of fatal crashes caused by distracted driving.  Drivers under 21, and those with less than 6 months experience, engage in a great number of bad driving practices.  As well as engaging in distracted driving, they are more likely to drive to quickly and drive too close to the car in front of them.

Legislation recently introduced in the Senate Commerce Committee could help to reverse this disturbing trend.  The legislation, called the Distracted Driving Prevention Act, aims to reduce distracted driving by encouraging state action.  If passed, the Act will provide grants to states who enact state legislation banning texting and the use of handheld cellphones, and the use of any cellphones by those under 18.  The bill’s other provisions are aimed at public education on the dangers of distracted driving, and research into safer mobile communications. The legislation is supported by the National Safety Council.  Our Chicago car accident attorneys join their voice with that of the NSC and urge the Senate to pass this legislation as soon as possible.

Allstate Insurance Company has also launched a campaign against distracted driving – but in Canada.  It calls the campaign “Action against Distraction.”  The campaign is focused on teenagers, and works with schools to reach them.  It tries to make students aware of the many simple distractions, from using a GPS, to talking on a cellphone, to adjusting the radio, to applying makeup, to simply talking to friends, which can lead to a fatal auto accident.  The campaign also includes a video of teens sharing the worst examples of distracted driving they have witnessed, and an online pledge against distracted driving that teens and their parents can sign.  Teens who sign the pledge are entered to win an IPAD – and they are entered again if they share the pledge with friends.

Likewise, a British public service announcement available on Youtube targets teenage drivers with a gruesome, realistic staging of a texting teen driver who crashes her car and kills two of her friends.  The U.S. Department of Transportation has also launched a website, www.distraction.gov, aimed at educating the public about the dangers of distracted driving.

We profoundly hope that these combined efforts will influence the public to drive safely and undistracted.  In the meantime, distracted drivers will continue to injure and kill themselves and others, to the tune of 1.6 million accidents in the United States each year.  Those injured by distracted driving should take legal action against those who injured them.  Perhaps the threat of civil liability, if nothing else, will convince American drivers to act responsibly.

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

Inaccurate Translations on Medical Labels: Pharmacy Malpractice

Monday, April 26th, 2010

pharmacy medical label malpractice 300x202 Inaccurate Translations on Medical Labels: Pharmacy MalpracticeA study released in the current issue of Pediatrics has brought to light an extremely dangerous form of medical malpractice facing a large portion of the U.S. population:  inaccurate translations on medicine labels provided to Spanish-speaking patients at pharmacies.  According to the study, incomplete translations and mistranslations occur at an alarming rate, even in areas where the Spanish-speaking population is large.  These errors, while at times innocuous, have the potential for disastrous consequences.  The personal injury lawyers of Passen Law Group are deeply concerned by this troubling news, and stand ready to take action on behalf of those seriously injured or killed by these medical errors.

The study examined prescription labels issued at pharmacies located in the Bronx, New York – an area with a large Spanish-speaking population.  There are 316 pharmacies in the study area, and 91% voluntarily participated in the study.  Of the participating pharmacies, 71% had a practice of providing medicine labels translated into Spanish for patients who spoke Spanish.  Interestingly, independent pharmacies were more likely to have a translation practice than larger pharmacies.  While 88% of independent pharmacies practiced Spanish translation, only 57% of hospital pharmacies did so, and a mere 32% of chain pharmacies provided translation.

There were three different methods of translation used by pharmacies participating in the study.  By far the most common method of translating medicine labels was the use of a computer program (with three programs representing 70% of the market) – 86% of translating pharmacies used this method.  An additional 11% used a lay staff member to translate the labels, and only 3% used a professional interpreter.

Unfortunately, the computer program generates abysmally poor and potentially dangerous translations.
When both incomplete translations and translation mistakes are considered, the translated Spanish labels had an error rate of 50%.

One of the more dangerous problems with these labels was incomplete translations.  Such phrases as “dropperfuls,” “apply topically,” “once a day,” “take with food,” and “for 7 days” were not translated into Spanish at all.  The implications for safety are profound.  First, and most obviously, if a Spanish-speaking patient does not understand any English, then he will be unable to understand the complete instructions on the label.  But the problem runs deeper.  When these English phrases are surrounded by Spanish, they may be misinterpreted as Spanish words, with frightening results.

For example, English speakers read “once” as meaning one time, so that the untranslated phrase “once a day” means one time per day.  But in Spanish, “once” means eleven.  A Spanish-speaking patient could thus misread the English phrase “once a day,” when surrounded by both English and Spanish words, as meaning eleven times per day.  It does not take much to imagine the consequences should a pharmacy patient take her medicine, or administer medicine to her children, 11 times a day instead of one.  It is not difficult to imagine even wrongful death resulting from such an error.

Other types of errors were also present.  Simple errors such as misspellings can also create confusing and dangerous labels.  The Spanish word “poca,” for example (which means “little”) was used in place of the Spanish word “boca” (which means “mouth”).  Although only one letter is in error, “by mouth” and “by little” have two very different meanings.

A 50% error rate in medical labeling is simply unacceptable, particularly with a population and a language which pharmacies are well aware that they will need to service.  It is not difficult to imagine the outcry that would follow if any pharmacy provided prescription medicine labels to English-speaking customers which contained errors half of the time – let alone if all pharmacies in a region did so.  Our Chicago medical malpractice  attorneys urge pharmacies who service Spanish-speaking patients to begin providing accurate, complete medicine labels to those patients.

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

Railroad Company Knew of Crossing Malfunctions in Amtrak Crash

Wednesday, April 21st, 2010

Yesterday, our Chicago personal injury lawyers discuss the tragic train crash at a University Park railroad crossing on Friday evening, which killed Katie Lunn, a 28-year-old Chicago dance instructor who was driving home from a dance performance at nearby Governors State University.  According to a new Chicago Tribune report in which various anonymous investigators were interviewed, Canadian National (CN) Railway workers knew the railroad crossing gates and warning lights were malfunctioning, and were conducting a “test run” at the time of the accident. According to one investigator, “The CN crew came back specifically to test the crossing system with that northbound Amtrak train at about 9:30 pm.”

In other words, CN let the Amtrak train pass through the intersection at 78 miles per hour in peak vehicle traffic hour — and when the railroad gates and warning lights malfunctioned once again, a helpless Katie Lunn, stuck in traffic in her SUV in the middle of the railroad intersection, was struck and killed by the Amtrak train.  A CN technician who witnessed the accident even tried to run up to Ms. Lunn’s car to save her, but was too late.

Questions have soon turned to outrage at how the railroad company could have allowed this Amtrak train to run full speed through this intersection despite its knowledge that the grade-crossing protection system was not working properly.  The investigation seems to indicate that the railroad crossing warning system was inadvertently turned off by track maintenance crews installing a nearby interlocking system.

This story epitomizes the degree of negligent conduct, which too often results in catastrophic injury or wrongful death.  According to investigators, earlier that day the railroad company (knowing the crossing warning system was not working) instituted an order requiring trains to either stop short of the railroad crossing and await instructions from personnel holding flags, or reduce their speed to 15 mph through the intersection.   Either process likely would have prevented this crash from occurring.  However, railroad officials thought they had fixed the defective railroad crossing warning system, and lifted the order several hours before the accident.

As stated by one investigator, “Where was the fail-safe to prevent this tragedy?  That’s where the problem is.  [CN] didn’t do it right.”  And they should be held accountable for their careless or reckless conduct.

As for Amtrak, it is too early in the investigation to know whether it shares in responsibility for this accident.  The Tribune noted an important train technology that could prevent these sorts of accidents in the future.  “Positive train control” is installed on board locomotives and notifies the train’s engineer when vehicles are sitting on the tracks and when the railroad crossing system is not working.  The train would automatically stop the train in this type of situation.

Hopefully, the individuals and entities responsible for allowing this tragic accident to occur , which took the life of a promising young Chicago woman, will be held accountable in the civil justice system through a wrongful death lawsuit.

For a Free Consultation with a top Chicago train accident lawyer with Passen Law Group, call us at (312) 527-4500 or fill out a Free Case Evaluation.