North Carolina Personal Injury Lawyers Blog

On February 22nd, 2013, the Wall Street Journal tackled an important question. The question was whether medical residents are dangerously exhausted. Our Winston-Salem injury attorneys were very interested in the analysis and information presented in the article because we know that medical residents are often overworked and not given sufficient time to sleep. Sleep deprivation can compromise your faculties and cognitive abilities, and these overtired residents may, therefore, be dangerous if they are not equipped to provide reasonable patient care due to their fatigue.

The Rules on Medical Residents and Rest Periods

Before the year 2003, there were no laws, rules or regulations in place that set limits on the number of hours that a medical resident could work. This means that residents could theoretically work straight through all night and into the next day and could be kept working even as they grew more and more tired. The author of the Wall Street Journal article indicated he had experienced this himself, remaining awake for as long as 36-hours-at a time as a medical resident and becoming so tired by the time he left work that he fell asleep at stop lights on his ride home.

This situation was, of course, untenable since a doctor who is falling asleep on his feet is unlikely to provide the best quality of patient care. In 2003, the Accreditation Council for Graduate Medical Education took action and imposed an 80-hour-per week work limit for residents. Because this Accreditation program is in charge of determining which U.S. medical residency programs are accredited, this essentially created a de facto industry standard rule imposing a maximum 80-hour work week.

In 2011, the Accreditation Council decided that the 80-hour limit wasn't sufficient to protect the public from an overtired doctor. As such, they mandated that first year interns/residents could not work overnight or 24-hour shifts.

All of these limitations are, hopefully, going to help save lives. It is very clear that being awake for too long can be seriously impairing (in fact, this is why truck drivers have maximum drive time limits and why drowsy driving has become such a major concern). If limits are imposed on other professionals like truck drivers to avoid fatigue, it stands to reason that limits should be imposed to ensure that those who perform life-saving medical treatments don't do so after getting no sleep.

Unfortunately, as the Wall Street Journal author points out, there are costs to imposing limits like this as well. One issue is that handoffs from one doctor to another can be dangerous as crucial information vanishes in each shift. In some cases, it is even possible that the actual patient will become lost in the shuffle and may not get the necessary care.

The Wall Street Journal author also argues that the residents who are limited in their work time may not get sufficient exposure to the medical procedures they are expected to perform and the concepts they are expected to learn.

These are very valid concerns, and should be dealt with through appropriate policy adoptions including having strict guidelines on the handoff procedure and taking concrete steps to ensure that residents get real hands-on experience. It is clear, however, that having an overtired hospital worker is not good for anyone and could put the patient at risk. Every solution needs to be considered in light of what it takes to keep a patient safe from medical negligence or medical malpractice that causes harm.

Continue reading "Dangerously Exhausted Medical Residents and Patient Safety" »

Auto accidents remain one of the top causes of death for teen drivers, and younger drivers face a significantly greater risk of becoming involved in a car wreck than their older peers. This is why our South Carolina personal injury attorneys were so happy to read the recent data indicating that young teen driver deaths had fallen in the state in 2012.

While it is great news that fewer teenage drivers died in 2012, however, the decline in deaths was only a small one. We still have a long way to go in making the roads as safe as they can be for young drivers and we encourage all teens and parents to remain vigilant about driver safety.

Teen Car Accident Deaths Declines in 2012
On March 5, 2013, The State published an article highlighting the good news from the Office of Highway Safety about the decline in the teen car accident death rate. According to The State, the number of deaths among drivers ages 16 and 17 declined slightly in 2012 as compared to 2011.

The change was in keeping with the long-range South Carolina trends on teen accident deaths. The number of young drivers ages 17 and 18 being killed in auto accidents has been on the decline since 2003.

The change is not an insignificant one. In 2003, there were 29 deaths among those ages 16 and 17 in the state. By 2012, there were only 13 deaths within the same age group over the year.

The ongoing decline in South Carolina teen car accident fatalities is at odds with the national average. Throughout the United States as a whole, the number of teen deaths has been rising. Predictions were also made that the death toll of young drivers was expected to go up for all of 2012.

South Carolina beat these expectations and had fewer drivers die for many reasons, but some of the most important include:

• The mandatory seat belt law, which became effective in 2006. Today, almost 60 percent of teenagers who are killed in wrecks are not wearing seat belts but The State indicates this number used to be much higher.


• The Alive at 25 Program, which is a 4 ½ hour course that is taught at eleven high schools and reaches 3,511 students. The program was started in 2007 and works to connect with students emotionally to foster safe driving habits.


• Putting onto tickets clearly displayed traffic safety information dealing with the issues of texting and driving; drunk driving; speeding and seat-belt use.


• Rollover simulators and driving simulators, which an estimated 15,000 people used last year. The simulators show teens how easy it is to become distracted and become involved in a wreck.


• The Families of Highway Fatalities Program, in which parents of teens killed in avoidable car wrecks speak to students. This program reached over 15,000 students last year.

The laws and outreach efforts are clearly working as the rate of car accident deaths continues to decline among South Carolina's youth.

Continue reading "Death Rate of Teen Drivers Down in South Carolina" »

Sheets of pouring rain stretching from Anderson to Augusta were reported to be a factor in numerous serious accidents along U.S. 278 and across both states.

Our Anderson personal injury lawyers understand that authorities are attributing about five back-to-back crashes on low visibility and slick roads caused by the inclement weather. In truth, the responsibility lies with those drivers who failed to respond appropriately to the conditions.

The bottom line is that while no one controls the weather, we can control our reactions to it. Every single person who gets behind that wheel must take this responsibility very seriously, not only for their own personal safety but for all of the rest of us who share the road.

According to the South Carolina Highway patrol, a recent Thursday morning saw at least five crashes along the rain-soaked expressway. One was reported on Silver Bluff Road just after 6 a.m. As crews were responding to that scene, another wreck was reported on Herndon Dairy Road about a half hour later. Then a third accident followed on U.S. 278 around 7:30 a.m. By 8 a.m., there was a fourth crash on Sudlow Lake Road, and then a fifth crash was reported a short time later at Pear Orchard Road.

Morning commuters were left to cope with major delays, but we don't have any immediate word on the extent of the injuries.

In March, the weather table in South Carolina indicates that we see anywhere from 3.8 to 5.3 inches of rain, depending on the location.

We hear an awful lot about safe winter driving hazards, but rain doesn't get as much attention, even though it's equally perilous. In particular, teen drivers need to be educated about how to operate and control their vehicles in poor conditions - especially when they crop up unexpectedly.

SmartMotorist.com officers a long list of rainy safe driving tips that we have found to be especially on point:

• Slow down. This is a good idea anytime you face an altered road condition. In the rain, it's going to take you longer to stop or adjust gears. Play it safe by lowering your speed.


• If you can, stay in the middle lanes. We know that rainwater has a tendency to pool along the edges of the roadway, and this can cause you to skid (especially if you're going fast!).


• Keep a fair distances from big tractor trailers or buses, which have a tendency to have the propensity to kick back visibility-reducing spray.


• Try to avoid slamming on the brakes. In wet conditions, it's usually more effective to ease your foot off the accelerator if you need to slow down.


• Flip your headlights on, even if there's only a light rain. It helps you see and it helps other drivers to see you.


• Prepare for potentially rainy weather by replacing old wipers.


• If you can, try to avoid off-road driving. Puddle depth can be tough to judge from inside a vehicle, and you risk potentially getting stuck.


• If you find your visibility is significantly reduced - especially at night - pull over and wait it out. This might seem an inconvenience, but consider that in these conditions, wildlife, pedestrians and sometimes even other cars, can be difficult to see.


• If you approach a puddle, do so slowly. If the rainwater is higher than the bottom of your doors, turn around and find another route.

Continue reading "South Carolina Car Accidents: Blame it on the Rain" »

Too many times in this line of work, our Greenville personal injury lawyers have seen instances where people who were involved in an accident - whether in a motor vehicle or a slip and fall or an athletic activity - who failed to get immediate medical treatment.

We tend to see this quite a bit with men in particular, who don't want to worry their family members or appear as if they aren't tough enough to handle it.

But here's the thing: Even if you feel Ok in the few minutes after it happened, you could have incurred serious and potentially life-threatening or life-altering injuries that aren't immediately apparent. In many of these cases, early detection could actually save your life. Furthermore, having hard, medical proof and documentation of these injuries can go a long way in bolstering your success if you choose to later file a personal injury lawsuit.

South Carolina emergency workers have been driving home the point in a public awareness campaign, recently published by local Gannett affiliate, WLTX in Charleston. The crews say that those involved in accidents should almost always seek immediate medical treatment because in the aftermath of an incident, you may not be the best judge of whether you are actually injured.

For example, certain kinds of head injuries may not reveal themselves for days or even weeks. It's estimated that head injuries account for some 250,000 annual hospital admissions and some 50,000 deaths. Motor vehicles and sports accidents account for 9 out 10 of these cases, and children under the age of 14 account for 2,500 of them.

The Centers for Disease Control recommend that certain symptoms or factors increase the urgency to seek medical attention following a blow to the head:

• Headache;


• Short term memory loss;


• Vomiting;


• Seizure;


• Alcohol intoxication;


• Being over the age of 60;


• Obvious physical trauma to either the neck or head.

Know too that the longer you wait to seek medical help, the more difficult it will be to prove that the injuries you are suffering are in fact a direct result of the incident. You may also consider taking photographs of any scrapes, cuts, bruises or other visible injuries.

South Carolina emergency medical professionals responding to an accident or injury scene operate on two principles when deciding whether to transport you to the hospital: Expressed consent and implied consent. You may expressly communicate that you want to be treated or there may be implied consent. That happens either when someone is under 18 and has no one to sign consent for him or her or when the individual is not mentally capable of making those decisions. In making that call for an adult, emergency workers will try to assess whether you are alert. It's best to simply go with them if there is any doubt.

Even if you are alert and feel fine following an injury, particularly one to the head, a precautionary medical evaluation is not something to take lightly. Trying to "wait and see" or "sleep it off" could potentially result in a rapid deterioration of your condition.

Continue reading "South Carolina EMS Urge Immediate Medical Attention After Accident" »

Our Rock Hill medical malpractice lawyers have learned there has been a marked shift in the kinds of plastic surgeries being conducted in this country.

It used to be, breast and buttocks enhancements were the norm. Now, for the first time in six years, they are down significantly. Instead, CNN reports, more people are opting for facial plastic surgery. Procedures like lifts, injections and laser corrections.

No surgery is risk-free, and most people know that going in. These types of procedures come with very real risks that should be clearly communicated by your surgeon. But perhaps what he or she won't tell you about is the possibility of malpractice in the form of egregious errors on the part of the medical team.

By conducting these procedures and rendering care to their patients, surgeons imply that they have the education, training and skills necessary to carry out these procedures safely. Unfortunately, this is not always the case.

Some of the plastic surgery complications we have seen include:

• Infection;


• Prolonged sedation leading to injury;


• Disability or disfigurement;


• Anesthesia errors;


• Over or under-correction;


• Scars;


• Hematoma;


• Nerve damage and numbness;


• Excessive skin removal;


• Excessively dry eyes or inability to close eyes;


• Blistering or burning;


• Medication interactions or reactions.

The American Society of Plastic Surgeons released an annual report indicating that last year, more than 14.6 million Americans underwent cosmetic procedures. That's a record, and an overall increase of 5 percent from the previous year. There was actually a 2 percent decline in the number of surgeries, but that was offset by the fact that there was a 6 percent increase in minimally invasive procedures, such as Botox injections, which increased 8 percent within the past year.

The number of face lifts increased by 6 percent, cheek implants also by 6 percent and eyelid lifts by 4 percent.

A big part of the reason for this shift, it's been determined, is Baby Boomers. Older patients are more likely to seek facial tightening cosmetic procedures, rather than breast or buttocks augmentations. But it's worth noting that older patients in general are at greater risk of surgical complications than their younger counterparts, even when they are relatively healthy. Surgeons have a critical responsibility to carefully vet each patient prior to the procedure to ensure that certain obvious complications don't arise.

Even minimally invasive procedures are not without risk. Facial laser treatments, for example, can potentially cause skin discoloration or extensive burns and blisters. And last year in Virginia, a jury awarded more than $210 million to a man who suffered brain injury as a result of Botox injections.

Some victims of botched procedures may be less likely to file suit out of embarrassment or shame. But when these things happen, they are not your fault, and you may be entitled to compensation.

Continue reading "Rock Hill Injury Lawyers Warn of Rising Plastic Surgery Risks" »

A woman has filed suit against an Air Force base hospital and a former North Carolina doctor, claiming her pregnancy was terminated under the erroneous determination that she was suffering a molar pregnancy.

As our Charlotte medical malpractice lawyers understand, that turned out to be false. A molar pregnancy is one in which the tissue that would normally develop into a fetus instead becomes an abnormal and sometimes cancerous growth.

According to the Virginian-Pilot, the woman was diagnosed with the condition when she was 12 weeks along. Doctors had no reason to immediately believe that the tissue had become cancerous, but indicated there was grave potential for it to become a rapidly-progressing and potentially terminal illness. They advised an immediate suction dilation and curettage, which is a type of abortion procedure used to extract tissue from the womb.

She underwent an immediate series of tests - blood work, ultrasounds, exams and x-rays.

She and her Air Force husband had been ecstatic about the pregnancy, and the news of the molar pregnancy was devastating. But as a mother, she did not want to risk not being there for her son to grow up. She underwent the procedure.

She would later reveal in court documents that the procedure was emotionally gut-wrenching and physically painful. But that was little, she would later say, compared to what she learned afterward: The tissue that was removed was actually a healthy fetus.

Because the incident occurred in a military hospital, the lawsuit had to be filed in federal court. But similar cases have been noted in other parts of the country. In 2011, a Colorado woman filed suit after her pharmacist mistakenly gave her an abortion pill, as opposed to the antibiotic she was actually there to pick up, while she was six-months pregnant.

A recent study published in the journal Surgery combed through a federal database of medical malpractice claims to determine how often problems were caused by surgeons either performing performing the wrong procedure, leaving a foreign object inside a patient or operating on the wrong person. The researchers found that between 1990 and 2010, some 9,745 medical malpractice settlements were reached after these kinds of situations, which resulted in payments totaling $1.3 billion.

It's unclear how many instances involved pregnancy-related malpractice, but we do know that birth injuries are exceedingly common. The Centers for Disease Control reports that 7 out of every 1,000 babies born in the U.S. suffer some form of birth injury. Most of these happen at non-profit hospitals. Additionally, 6 out of 7 will suffer mild to severe complications as a result, including erb's palsy, fractures, cerebral palsy, facial paralysis and spinal cord damages.

About 135 out of 100,000 live births result in death due to medical malpractice. Some of the more common mistakes include:

• Failure to recognize fetal distress;


• Improper use of vacuum or forceps;


• Untimely C-sections;


• Instrumental births.

Continue reading "21/2Malpractice Watch: Case Involves Mistaken Pregnancy Termination" »

A Greensburg man who was in the middle of moving to North Carolina was killed in a recent one-vehicle accident. According to TribLive, the man died on scene on Route 17 right by River Bend. State Highway Patrol reports that the man was a passenger in the vehicle.

Media reports indicate the vehicle was heading south just before 4:00 a.m. when the accident happened. The vehicle reportedly veered off the road, into the median and the driver lost control. After traveling in the median, the driver completely lost control, flipped over and slid sideways into lanes of oncoming traffic. The passenger was ejected from the vehicle and was pronounced dead on scene. The driver was taken to Vidant Medical Center in Greenville. Officers say that the driver was speeding when the accident happened. Charges are currently pending.

Our Greensburg car accident lawyers understand that the faster a driver is traveling the higher their risks are for an accident. Speed is actually considered a factor in about a third of all accidents. According to Smart Motorist, exceeding the speed limit by only 5 mph in the wrong place can be dangerous. Local governments and traffic engineers have spent plenty of time working on creating appropriate speed limits for roadways across the nation. The speed limits are not there to slow you down, but they're there to help to keep you safe. Still, about 90 percent of drivers admit to speeding at least once during their driving career. About 75 percent of drivers say that they commit this offense regularly.

Traffic engineers maintain that speed limits should be established according to the 85th percentile of free flowing traffic. What this means is that the limit should be set at a level at or under which 85 percent of people are driving. Numerous studies have shown that the 85th percentile is the safest possible level at which to set a speed limit.

Drivers who speed are more likely to engage in other dangerous driving habits, too. Some of the most frequent dangerous driving behaviors include tailgating, horn honking, Frequent or unsafe lane changes, light flashing, deliberate obstruction, failure to signal, drunk driving and more.

Speed Limits in the state of North Carolina:

-Rural Interstates: 70 mph

-Urban Interstates 70 mph

-Other Limited Access Roads: 70mph

Just because these are the speed limits on interstates and other fast-traveling roadways, that doesn't mean it's the speed limit everywhere. You're urged to remain aware of speed limits on all roadways that you travel. In residential areas, remember that the speed limit is usually 30 miles per her. Keep an eye on your speed and help to improve your safety! When traveling on high speed limit roadways, make sure you're keeping your distance from other vehicles. The closer you're traveling to another vehicle the less time you have to react to a roadway danger. Travel cautiously, travel the speed limit and travel with safety in mind.

Continue reading "Speedy Mover Accused of Killing Passenger in NC Traffic Accident" »

Common child cold remedies are being recalled by the Consumer Product Safety Commission (CPSC). We're talking about Triaminic and Theraflu products. According to CNN, officials are taking these products off the market because the caps aren't working properly. These medicines are required by law to come with a functioning child-resistant cap. Unfortunately, they're not working as they're supposed to.

More specifically, it's the Triaminic Syrups and Theraflu Warming Relief Syrups that fall under this recall. The products were voluntarily recalled by the manufacturer, Novartis Consumer Health. They were too easy to get into for children and were posing serious poisoning risks.

Our Asheville child injury attorneys understand that our young ones don't always know what they should and should not be playing with. When presented with something new, there's no doubt that they're going to explore -- even if that "explore" means tasting. When they get their hands on candy- and fruit-tasting syrups, the outcome can be disastrous. This is why it's important for parents and guardians to keep these dangerous products out of sight and out of reach.

The company says that the last batch of these medicines was distributed in the U.S. more than a year ago. They believe that there is not much left on store shelves but home medicine cabinets may be a different story.

The problem with these products is that they contain both diaphenhydramine and acetaminophen. Acetaminophen is an ingredient that is used as an anti-inflammatory and is used to treat pain. Diaphenhydramine is an antihistamine that is used to treat both colds and allergies.

Products that contain these ingredients are required under federal law to come with child-resistant caps. These caps are to help to reduce the risks of child poisonings, which affect over 300 children each and every day here in the U.S. Each day, there are two children under the age of 19 who die from these kinds of accidents.

If you have any of these products in your home, you're urged to stop using them immediately. You're asked to safely throw them out. If you want, you can contact Novartis for details regarding a refund, too. It's also important that you routinely go through your medicine cabinets to make sure that you have no unused or expired medications. These products can be deadly and should not be stored in your home.

Altogether, there are 24 kinds of products involved in this recall. It all started because of a complaint that was filed by a consumer late last year. All of the products that fall under this recall are in the U.S., although some are being recalled in Canada as a safety precaution.

So far, the company has reported that they've received about a dozen reports of children getting into the bottles. There were four reports of children consuming the medicine as a result of the faulty caps.

Continue reading "Recall Highlights Child-Proof Caps and Poisoning Risks " »

A tour bus crash in California has claimed eight lives and resulted in dozens of hospitalizations, with more than 40 people injured.

Our North Carolina personal injury lawyers are heartbroken for the families of those lost, and will continue to hope for a swift recovery for those who were hurt.

Perhaps the most disturbing thing about all of this is that the crash was likely entirely preventable. The investigation is ongoing, but initial reports are beginning to paint a picture revealing the company that owned the motor coach may have prized profits over people - underscoring the critical importance of thoroughly researching any transportation firm when planning your next road trip.

According to local news reports, the passengers on the bus were on their way back to Mexico, following a daylong trip to a ski resort in Southern California. The driver reportedly lost control of the vehicle, potentially due to a brake failure, and the bus careened down the hill at a high rate of speed. The vehicle allegedly slammed into a car heading the same direction before swerving into the opposite lane and striking a pick-up that was towing a trailer. The bus ultimately flipped over in a complete 360, ejecting passengers and crushing in portions of the roof.

Making matters worse was the fact that the mountainous terrain where the crash occurred made it difficult for rescuers arrive quickly and transport the injured.

At least one passenger who survived told investigators that people inside began to panic when the brakes began smoking and the driver screamed for someone to call 911. However, the remote location of the roadway meant no one could get a clear signal on their cell phones.

Investigative reporters have discovered that the company that owns the bus - one of just three in its entire fleet - had a somewhat spotty safety record. While the Department of Transportation reports that the national average for motor coach inspections resulting in out-of-service actions is 21 percent, this company's rating was 36 percent. This was in addition to the fact that the company had been flagged on the DOT's safety watch list, primarily due to ongoing problems with vehicle maintenance.

And yet, the company was still given a safety rating of "satisfactory" by the Federal Motor Carrier Safety Administration - which goes to show more improvements are needed in federal oversight.

The FMCSA advises all persons planning bus or motor coach trips to verify the following before purchasing tickets:

• Review the company's safety performance history;


• Check the company's FMCSA safety rating, noting that firms with a "conditional" rating could be higher risk and those with an "unsatisfactory" rating shouldn't even be operating;


• If you're traveling out of state, make sure the company has federal operating authority and if it carries more than 16 people at a time, make sure it carries a minimum of $5 million worth of insurance.

Continue reading "NC Motor Coach Safety Driven Home By Fatal Crash in CA" »

Vision enhancement surgery, such as LASIK, was hailed as near miraculous when it became commonplace in the late 1990s.

However, our South Carolina personal injury lawyers know there is a dark side to it as well, though risks and complications haven't been widely reported to the public or even patients, until recently.

Now, the U.S. Food and Drug Administration has issued a warning to five of the country's top surgery centers - two of those in nearby states - to immediately halt false advertising practices and begin appropriately advising patients of the potential adverse outcomes. The warning letters were sent to eye surgery centers in Indiana, California, Florida, Texas and Georgia.

A report by National Public Radio in the summer of 2010 indicated that some 17 million people globally had undergone LASIK eye surgery, with about 700,000 in the U.S. opting for the procedure each year.

Specifically, the goal of the surgery is to use lasers to reshape the cornea to improve or correct a number of vision-related problems, such as nearsightedness, farsightedness and astigmatism. While the American Academy of Opthalmology has reported that most patients are happy with the results, an increasing number of people have suffered serious side-effects. In a number of cases, the FDA has indicated patients may not have been adequately warned of those risks.

The regulator's Center for Devices and Radiological Health said patient awareness is paramount.

Among the most common risks posed by the procedure, some patients have reported severe dry eye syndrome, the need for contact lenses or glasses afterward and vision problems such as glare, double vision, starbursts and halos. In some cases, patients have been known to lose their vision entirely.

One of the greatest problems is that patients aren't being told when they are not a good candidate for the surgery, which could be the case for a number of reasons.

This most recent warning to those in the industry is by no means the first. The FDA first issued warning letters to 17 eye surgery centers in 2009 after they were found to have failed in adequately reporting patient complications to authorities. Similar problems prompted warning letters also in September 2011 and again in March of last year.

Those centers that don't follow the FDA's guidelines could face additional sanctions, such as monetary penalties or injunctions forcing them to close.

A $180 million federal class action lawsuit lawsuit was filed in South Carolina three years ago, alleging that some 30 branches of TLC LASIK Centers conducted the procedure on patients who should have been disqualified, causing them to suffer severe problems. The plaintiff alleged he had suffered vision loss and had to undergo a cornea transplant as a result of undergoing LASIK, which he said he should have never been allowed to have due to a pre-existing eye condition.

That case was initially dismissed, but is now pending appeal.

The bottom line for you is that if you are considering LASIK surgery, make sure your doctor thoroughly explains the procedure and potential risks and has conducted a thorough examination to determine whether you are in fact a good candidate.

Continue reading "FDA: Eye Surgery Centers Warned To Inform Patients of Risks" »

As a North Carolina woman has made headlines for her arrest following the reportedly intentional burning of a 3-month-old infant for whom she was caring, our Charlotte personal injury lawyers know that most burns, while preventable, happen as a result of negligence, not abuse.

In this case, the 19-year-old suspect has been charged with intentional child abuse caused by serious bodily injury after the child was found to have suffered serious burns caused by scalding hot water on 8 percent of his lower body.

Coincidentally, the incident occurred during National Burn Awareness Week, in which scalding was made a primary focus by the American Burn Association. This is a serious criminal matter, but most child burns are caused by accident, though they are almost always entirely preventable.

According to the ABA's 2011 fact sheet, approximately 450,000 burn injuries required medical treatment, with about 45,000 of those requiring in-patient hospitalization. An estimated 3,500 people in the U.S. were killed that year as a result of burn injuries, mostly from residential house fires. The rest were a result of contact with chemicals, electricity or hot liquids.

With regard to the overall number of burns (not just those that resulted in fatalities), 70 percent occurred in the home and 33 percent were attributable to scalding. These incidents often stem from cooking, but they may also result from bath water that's far too hot or a child pulling hot liquid off a surface down onto himself.

Taking care to implement certain safety measures around your home - especially if you have small children or occasionally host small children - can make all the difference.

The American Burn Association recommends heeding the following:

• Make sure the thermostat on your home water heaters is set at a maximum 120 degrees. If you aren't sure whether yours is set too high, allow the water to run for about five minutes on hot and then use a water or meat thermometer to test it. Make adjustments as necessary.


• Keep hot liquids, candles and appliances (and their cords) out of reach and away from surface edges where they could be easily pulled down by little hands.


• When filling up a bathtub for your child, run the cold water first, and then the hot. Turn the water off completely and mix the water thoroughly, checking the temperature as you do, before you place the child in it.


• If someone else in your home is showering, bathing or washing dishes, avoid flushing the toilet or running the washing machine.


• When you're cooking, use the back burners and keep the handles of the pots turned toward the back.


• If you are supervising small children while cooking or doing dishes, set up a safe area in your line of sight and out of the path of hot surfaces and liquids.


• Never drink or carry a hot liquid while you're holding or carrying a child. Kids can be quick and sudden movements can potentially result in the liquid spilling and causing a serious burn.

Continue reading "North Carolina Injury Lawyers Encourage Child Burn Awareness" »

We trust in this country that when we consume prescribed or over-the-counter medication, we are taking action to improve our health.

But in fact, as our Rock Hill personal injury attorneys know, those medicines could end up making us sicker.

From October 2011 through March 2012, there were some 1,200 drug recalls issued in the United States. That's slightly less than the more than 1,600 drugs that were recalled the year before, but keep in mind there were just 870 medicine recalls the year before.

We reported last November in our South Carolina Personal Injury Lawyer Blog that one of these recalls involved a New England compounding pharmacy that produced injectable steroids that ended up sickening 650 people and killing at least 40.

Another recall involved the cholesterol drug Lipitor, when batches manufactured in India were found to have been contaminated with glass.

Those two recalls alone affected millions of people. The U.S. Food and Drug Administration has often proven ineffective in releasing timely information about the potential risks of certain medications, as the agency often relies on manufacturers to self-report problems. Unsurprisingly, not many are eager to do so.

It's important for you as a consumer to understand too that just because a drug company has issued a recall, that firm is not free of liability if you have suffered some illness or injury as a result. Ultimately, these businesses are still responsible for the harm they cause.

As you strive to be a smart consumer, it's important to understand that there are actually three different categories of recalls - Class I, Class II and Class III.

Class I recalls are the most egregious, meaning use or consumption could result in serious harm or death. (The New England steroid recall was a Class I.)

Class II recalls are those issued when use of a drug could result in a temporarily adverse effect to your health.

Class III recalls are those in which the medicine may not have been produced according to certain standards, but it's unlikely to cause you harm.

So far this year, the FDA has announced two Class I recalls.

One of those involved a drug called Ferrous Sulfate, which is a natural iron supplement given to those with iron deficiencies. It was discovered that least one lot that was produced actually contained Meclizine HCI, which is an antihistamine that when taken in large doses has the potential to cause impaired alertness, confusion, low blood pressure, breathing trouble, coma and even death.

The second Class I recall announced so far this year involved a drug called Mitosol, a drug used to treat glaucoma, after the manufacturer alerted the FDA that some of the batches were found to have contained yeast, and were therefore possibly not sterile.

Keep in mind, though, the FDA's website might not always contain up-to-date information. If you are concerned about whether a medication you are taking may have been recalled, ask your pharmacist to confirm before you consume another dose. Most pharmacies will offer you replacement medications if the one you are taking has been recalled.

And if you have suffered some serious negative side effect as a result of taking a drug that has been recalled or that is later recalled, contact a personal injury lawyer as soon as possible, as you may be entitled to compensation for what you have endured.

Continue reading "South Carolina Injury Lawyers Warn of Thousands of Drug Recalls Annually" »

Although a shotgun owner won't be charged with any crime, after the weapon accidentally fired and injured three people - including a retired sheriff's deputy - at a recent gun show, our North Carolina personal injury lawyers know that both the owner and the show's organizers may have to contend with civil liability issues.

Such incidents have been historically rare, but they appear to be increasing in the midst of the debate over gun control measures at both the federal and state level, following the deadly shooting at a Connecticut elementary school.

In this case, the owner of a 12-guage shotgun accidentally fired the weapon as he was removing it from a case at a security checkpoint at the weapons show held at the fairgrounds in Raleigh. The retired deputy and two others were hurt, though their injuries were not expected to be life-threatening.

That same day, which was deemed the first annual Gun Appreciation Day, two other similar shootings occurred in other states.

At a fairground in Iowa, a gun dealer was reportedly testing what he thought was an unloaded pistol when the weapon fired, resulting in a gunshot wound to his own hand.

Also that day at a gun show in Ohio, a gun dealer was opening a case containing a gun when the weapon fired and a single shot struck the man's partner in the arm and thigh.

In yet another incident in Indiana, a man leaving a gun show was reportedly attempting to load his own handgun when the weapon fired, causing him to incur a gunshot wound to the hand.

In each of these cases, it appears authorities intend to clear the individuals of any criminal wrongdoing, as none of the incidents were apparently intentional and the individuals didn't break any criminal laws in bringing the weapons - even loaded - to the events.

At this point, no civil lawsuits have been filed, but it's possible, particularly in cases where someone besides the gun's handler was injured. In cases like these, there could be liability on the part of the owner, for not properly securing a weapon, the handler, for negligently or recklessly handling the weapon and possibly even the event organizers, for failing to ensure the safety of those in attendance.

However, its worth noting that the majority of unintentional firearm injuries don't occur at gun shows. Most such incidents occur in private residences, and about 20 percent of all firearm-related fatalities involve children under the age of 14.

Some 220 million Americans possess firearms, including about one-third of families with small children. There are a variety of reasons for owning a gun - including protection, hunting and recreation or crime prevention.

However, with that weapon comes a great responsibility. Safe storage of a firearm is key to preventing unintentional injury. The National Rifle Association advises the following:

• Store your firearm in a well-concealed gun safe or lock box. Prevent unauthorized access by keeping it in a place that is hidden, but easily accessible to you.


• Make sure your safe or lock box includes a secure locking device - most often a cable lock or a trigger lock.


• Keep the gun unloaded. This is particularly important when you have it stored in your home or when you intend to take it to a show. This way, even if it falls into inexperienced hands, the consequences won't be deadly.


• Take the time to educate yourself on gun safety, and pass that knowledge onto your children as well - or any other children who may be in your home. Guns often arouse a great deal of curiosity, but children need to be taught early that handling a weapon should only ever be done under the supervision of a responsible adult.

Continue reading "North Carolina Gun Show Operators, Gun Owners, Could Face Liability for Injuries" »

Toyota is making headlines once again for vehicle defects - this time issuing a recall for more than 1.3 million vehicles across the world for two defects that could lead to injury.

Our Greenville personal injury lawyers are dismayed at this news for several reasons, not the least of which is that this top-selling manufacturer issued a dozen recalls last year for 5.3 million vehicles - the most of any other auto company in the world.

This is actually the third major recall involving more than 1 million vehicles that the company has issued since October. As it stands, the company is already struggling to better its battered reputation, following numerous recalls two and three years ago involving vehicles that improperly accelerated, contributing to some 89 deaths and even more injuries. In December, the company agreed to a $1 billion settlement in those cases, though there are still hundreds more personal injury and wrongful death lawsuits pending.

Then last fall, the company recalled some 7.4 million cars due to a window problem that created a risk of fire. The very next month, nearly 3 million hybrid vehicles were recalled for steering problems.

So this latest news is not surprising, but it's troubling that Toyota continues to fail in its responsibility to produce safe vehicles for their millions of consumers.

The most recent recalls include more than 750,000 Corolla and Corolla Matrix cars in the U.S., sold between 2003 and 2004. According to the company, these vehicles are affixed with airbags that reportedly have the potential to deploy inadvertently. There is apparently a chip in the bags' control units that can cause it to malfunction when there is electrical interference. The chip was reportedly produced by an outside company, though officials with the company declined to say which one.

So far, this problem has caused injuries in roughly 20 cases.

To fix the problem, Toyota has instructed Corolla owners to bring their vehicles in to have an additional signal filter installed.

The second recall involves faulty windshield wipers, and it involves some 270,000 Lexus IS vehicles. The company has indicated that the wipers have the potential to be rendered inoperable in conditions with heavy snow. Of course, this is especially troubling as we contend with dangerous winter storms across the country. Snow and salt inevitably contribute to visibility issues for drivers in these conditions, but having your windshield wiper fail altogether has the potential to prove fatal. Already, there have been more than 25 reports of problems due to this, but thankfully so far no serious injuries or deaths.

The company says that a certain nut on the wiper arm may not have been tightened correctly at the factory.

As we recently reported in our Greenville Injury Lawyer Blog, the company's top-selling Camry models performed rather poorly in crash tests conducted by the Insurance Institute for Highway Safety. Researchers found that in instances of collision, the Camry's front wheel was pushed back by the impact, and the passenger compartment footwell was pushed inward.

Toyota sales topped 9.75 million last year, making it the top-selling auto manufacturer in the world.

Continue reading "Toyota Recalls 1.3M Cars for Various Defects" »

Bed rails, the metal frames or bars affixed to your elderly loved one's bedsides to prevent her from toppling onto the floor, might actually kill her or seriously injury those they are meant to protect.

Our North Carolina nursing home negligence attorneys understand that a federal study of adult bed rails by the U.S. Consumer Product Safety Commission was launched late last year - but only after more than a decade of complaints.

The truth is, the government has known since at least 1995 that elderly people were dying and suffering major injury as a result of getting their heads and necks caught in between the slats. Yet no decisive action, such as a recall, was ever taken.

Why?

The reason is multi-pronged, but much of it has to do with the slow wheels of government bureaucracy.

For starters, no one could decide how these devices should be classified - as a medical device or as a consumer product. The reason this matters is because regulation of medical devices is done by the U.S. Food and Drug Administration, while consumer products are regulated by the CPSC. Without a definitive classification, neither agency was eager to take charge on the issue.

Secondly, there was a great deal of push back from the bed rail and nursing home industries, as a redesign of the products and mandatory replacement would have cost millions of dollars.

And finally, when the regulatory agencies first became aware of problems, Congress was in anti-regulation mode. Legislation passed in the 1990s would have required multiple layers of approval, which both agencies decided they would be unlikely to get anyway.

Meanwhile, hundreds were dying and tens of thousands were being injured. Since 1995, when a bioethics professor in Minnesota first issued an alert to federal regulators regarding problems with bed rails, some 550 people have died as a direct result of their use. Additionally, it's estimated that roughly 4,000 people a year suffer injuries - most of those elderly patients requiring either home health care assistance or full-time care in a residential nursing home facility.

In all likelihood, these are low estimates, as not all bed rail injuries and deaths are reported as such by hospitals and medical examiners. These are only the those that regulators were able to cull together from incidents that were reported.

Back in 2006, the FDA did push the bed rail industry to adopt "voluntary guidelines" with regard to the design of the devices, but injuries and deaths continue.

So why study the issue now?

Like many agents for change, this one was prompted by a tragedy. In late 2006, an 81-year-old woman living in Washington state was suffering from dementia, and her husband could no longer manage her care. She was placed in a nursing home where she could receive 24-7 care.

But five months later, she was found dead in her bed - having been strangled when her neck was caught in the bed rail.

Her daughter began writing to both the FDA and the CPSC, only to learn that these entities already knew of the dangers. She stayed persistent, conducting her own research of the issue, which she forwarded to local officials.

It paid off, and the CPSC agreed to study the issue.

Still, the agency called that the first step. Definitive action has yet, at this point, to be taken.

Continue reading "Adult Bed Rails Lead to North Carolina Wrongful Deaths, Injuries" »