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Morgantown Personal Injury Lawyer

NHTSA proposes stability control systems for all new trucks, buses

On Wednesday, the National Highway Traffic Safety Administration (NHTSA) announced a new proposal that would require manufacturers to install electronic stability control systems in all new trucks and buses, a move they say could drastically reduce the number of serious and/or fatal truck accidents and bus accidents in the United States.

According to the NHTSA, these stability control systems could stop nearly 2,329 accidents a year (preventing 649 to 858 injuries in the process), and, more importantly, save the lives of up to 60 people a year.

Specifically, the technology could prevent 56 percent of all rollover accidents -- the single most deadly type of accident -- and 14 percent of all loss-of-control accidents.

Stability control systems are made of a group of sensors that warn the vehicle's onboard computer when there is an actual or impending shift in weight. The onboard computer responds to the warning by applying the brakes to the appropriate wheels in an attempt to restore balance.

Will the medical community make the switch from prescription pads to e-prescriptions?

When you go to a hospital, clinic or other health care facility, you trust that the medical professionals taking care of you -- physicians, nurses, physician assistants -- will prescribe the appropriate medications to treat your condition. Any failure to do so may be considered medical malpractice if it results in serious or even fatal injuries.

Believe it or not, one of the most common ways in which prescription errors occur is through poor penmanship. Here, sloppy handwriting by medical professionals can lead to a patient getting the wrong dosage, the wrong amount of medicine or even the wrong medication.

In the medical community, this can result in what is referred to as adverse drug events, ranging from minor issues (rash, upset stomach, etc.) to potentially deadly complications.

While you may think the danger posed by the sloppy handwriting of medical professionals is negligible, consider the following study by researchers at Weill Cornell Medical College in 2010.

Here, the researchers examined the incidence of prescription errors among medical professionals in outpatient settings, comparing handwritten prescriptions with electronic prescriptions.

Are returning military personnel more prone to serious motor vehicle accidents?

Some of the most inspiring and heartwarming stories on the news are those detailing military families being reunited after a long deployment to either Iraq or Afghanistan. While we are well aware that many of these returning men and women may encounter difficulty readjusting to civilian life, we tend to think of this difficulty as perhaps being isolated to work and/or the home. As it turns out, some returning military members also encounter difficulties on our nation's many roads and highways, and are actually at an increased risk of being involved in a serious car accident.

According to a recent study by USAA -- an insurance company that specializes in serving military personnel and their families -- service members returning from deployment are 13 percent more likely to cause a car crash in the six months after their return than the six months prior.

Breaking the numbers down, the USAA study found the following:

  • Army personnel returning from deployment were 23 percent more likely to cause an auto wreck in the 6 months after their return from deployment
  • Marine personnel returning from deployment were 12.5 percent more likely to cause an auto wreck in the 6 months after their return from deployment
  • Navy personnel returning from deployment were 3 percent more likely to cause an auto wreck in the 6 months after their return from deployment
  • Air Force personnel returning from deployment were 2 percent more likely to cause an auto wreck in the 6 months after their return from deployment

OSHA fines Charleston area IHOP over chemical cloud incident

Back in February, our personal injury blog discussed how a cloud of toxic gas emanating from a dishwasher sent both employees and diners scrambling for the door of a Charleston IHOP. The reason? An employee accidentally mixed two cleaning products and started the wash cycle.

Nine employees ultimately had to be taken to the hospital to be treated for inhalation injuries from what was later determined to be chlorine gas. The gas was produced when an employee combined chlorine bleach and a product called Delimer, which contains phosphoric acid.

For those unfamiliar with chlorine gas, it has a very strong odor and can cause irritation of the eyes and respiratory system.

In recent developments, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has officially handed the IHOP restaurant five serious safety violations and a proposed fine of $25,000 for the incident.

Update: FMCSA gives medical examiners guidance on sleep apnea in truckers

Last week, we reported on how the Federal Motor Carrier Safety Administration (FMCSA) -- the federal agency charged with the task of preventing serious commercial motor vehicle/truck accidents via "strong enforcement of safety regulations" -- made headlines in the trucking industry with its announcement concerning sleep apnea evaluations.

Here, the FMCSA published a notice in the Federal Register announcing that it was adopting the recommendations of two agency panels -- the Medical Review Board and the Motor Carrier Safety Advisory Committee -- that all truck drivers with a body mass index (BMI) of 35 or higher, or who have been involved in a fatigue-related truck crash undergo an evaluation by medical examiners for sleep apnea.

In addition to announcing that it was adopting these recommendations, the notice also solicited comments on screening and treatment of sleep apnea.

Now, it appears as if the FMCSA had second thoughts about its adoption of the panel's sleep apnea evaluations.

Experts urge motorcyclists to be safe this spring

Now that spring is finally here, motorcyclists across West Virginia will be dusting off their helmets, revving up their engines and hitting the roads to do some long overdue cruising. However, safety experts stress that it's extremely important to remember a very basic safety tips before hitting the road as doing so can prevent serious or even fatal personal injuries in a motorcycle accident.

First, experts advise that motorcyclists must always be on guard for inattentive motorists, meaning those who simply don't look out for motorcycles when changing lanes or merging, and/or those who are distracted (i.e., talking on a cell phone, texting, changing the radio station, eating, etc.).

"As bikers, we assume they don't see you, and when you're on a motorcycle you want to take the precautions and be prepared in the event they don't," said Zippy Shearer, a safety instructor at a Morgantown-area motorcycle dealership.

Accordingly, motorcyclists should attempt to share the road with cars and trucks, meaning maintain an adequate distance so that they can safely stop and pass.

FMCSA gives medical examiners guidance on sleep apnea in truckers

The Federal Motor Carrier Safety Administration (FMCSA) -- the federal agency charged with the task of preventing serious commercial motor vehicle/truck accidents via "strong enforcement of safety regulations," and the "strengthening of ... equipment and operating standards" -- is once again making headlines in the trucking industry following its recent announcement concerning sleep apnea evaluations.

Last Friday, the FMCSA published a notice in the Federal Register announcing that it was adopting the recommendations of two agency panels -- the Medical Review Board and the Motor Carrier Safety Advisory Committee -- that all truck drivers with a body mass index (BMI) of 35 or higher, or who have been involved in a fatigue-related truck crash undergo an evaluation by medical examiners for sleep apnea.

In addition to announcing that it was adopting these recommendations, the notice also solicited comments on screening and treatment of sleep apnea. In fact, it is highly likely that these recommendations and comments will soon be incorporated into a permanent federal rule.

Study explores new drug to treat cerebral palsy

In medical malpractice-related news, a recently published study in the journal Science Translational Medicine suggests that a new drug targeting specific brain cells may be effective in treating the devastating birth injury cerebral palsy.

While much is still unknown about all of the causes of cerebral palsy, the scientific community has identified bacterial infections in the womb as a primary risk factor. Here, the baby's brain cells trigger an exaggerated response to combat the bacterial infection that can also cause severe brain inflammation. This exaggerated inflammatory response can kill brain cells, causing brain damage that ultimately emerges as diagnosable cerebral palsy when the child is two or three.

The researchers developed a drug that is designed to help lower this exaggerated inflammatory response of the baby's brain, which can carry on for months. Specifically, they theorized that such a drug could be administered after a child is born prematurely because of an infection in the mother and tests determine that some brain inflammation has occurred.

When the scientists administered the drug to newborn animals exhibiting cerebral palsy symptoms one day after birth, they showed marked improvement in their ability to move and walk.

Studies show inexperience a major factor in motorcycle accidents

If asked to identify what types of drivers were perhaps the most likely to be involved in a car accident resulting in personal injuries, you would more likely answer young drivers because of their lack of experience behind the wheel. As it turns out, the same can probably be said of motorcycle riders.

According to studies performed by the Highway Loss Data Institute -- which is affiliated with the Insurance Institute for Highway Safety -- riders are at the greatest risk of being involved in motorcycle accidents during their first year on their bikes, particularly during their first month.

Specifically, the institute studies found the following eye-opening statistics:

  • A motorcyclist's first 30 days of riding are four times more dangerous than their entire second year of riding
  • From 2003 to 2007, 22 percent of the 57,000 motorcycle collision claims submitted were for accidents that occurred within the first 30 days of an insurance policy taking effect
  • From 2003 to 2007, over half of the claims on sport bikes -- often favored by young riders for their light weight and speed -- were filed during the first three months of an insurance policy taking effect

Mayo Clinic technology helps prevent serious surgical errors

Most people who have to undergo some type of surgical procedure naturally have many concerns regarding potential medical malpractice. What are the risks of the surgery? Will they operate on the right side or right body part? What are they doing to prevent anesthesia errors? Are the surgical instruments properly sanitized? How will they make sure they aren't leaving foreign objects inside my body?

Interestingly, one of the top medical facilities in the United States -- The Mayo Clinic -- has been using technology called SurgiCount to address the problem of foreign objects -- i.e., sponges -- being left inside patients since 2009.

Specifically, surgeons at the Mayo Clinic are using sponges packaged in a container outfitted with a bar code, which is scanned at the start of the procedure using a basic bar code reader.

The individual sponges -- all of which are also outfitted with a bar code -- are then scanned at the end of the procedure, alerting the surgical team if one is missing. A manual count is also performed.

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