Rhode Island Hospital Has a History of Botched Surgeries

Friday, October 30, 2009

When seeking medical attention a great deal of trust is placed in the doctor and the surgeon. As patients, we hope that the medical practitioners know exactly what they are doing–it truly is a blind faith. It is disheartening when care providers at  a specific medical center has a history of making grave mistakes during surgeries. Since 2007, this Providence, Rhode Island has had five operating room errors, the last occurring just a few weeks ago.

According to the Associated Press, the health officials from the State Department of Health are  looking into the most recent case, during which a surgeon accidentally operated on the wrong area of the patient’s hand. The operating room error happened late last week, in which the surgery that was meant for a joint on one finger, mistakenly occurred on another.

It was also noted by the Associated Press that the same hospital was fined in 2007 after there were three separate cases of brain surgery operating room errors. In each, the brain surgeon operated on the wrong side of the patient’s head. In two of the most recent instances, the patient was a senior citizen, who ultimately suffered severe injuries as a result of the mistake.

An eighty-six year old man was brought to the hospital three days after a fall, and it was determined that he was internally bleeding between his brain and his skull. The attending neurosurgeon never checked the CT scans to see which side of the patients head to work on. Instead, he began operating based upon his recollection of the case. After realizing his mistake, the neurosurgeon switched  sides, but to no avail. The man died shortly afterward, resulting in the removal of the neurosurgeon’s license and hospital privileges.

It is disappointing to see that a place of medical expertise and practice, such accidents are so reoccurring. Emergency and operating errors are serious, and can have fatal and life-changing consequences. The Law Offices of Bredell and Bredell have years of experience fighting for those who have been severely injured in emergency and operating room errors. Should this apply to you or a loved one, please do not hesitate to contact us.

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Fatal Fall in Operating Room Results in Wrongful Death Suit

Thursday, October 29, 2009

Following  hip surgery at Boston Medical Center, patient Catherine O’Donnell died when she fell from the operating table. The family sued the hospital for wrongful death, and was all set to go to trial. However, a settlement of $900,000 was reached and halted the proceedings. This also rescued Boston University’s teaching hospital an embarrassing trip to a superior court. Although the Boston Medical Center refused to comment, the counsel for the plaintiff’s maintain that this victory will promote further change in health care policy and protocol.

O’Donnell was eighty-six years-old when she died on October 13th, 2007. As she was being transferred from the operating room to her hospital bed following hip surgery, she fell off the table causing massive head injuries–including fracture of the skull and severe internal bleeding.

O’Donnell was lying on a surgical table designed for hip surgeries, according to court documents. This special table is designed to have boots at one end that secure a patients feet, while the other side has an opening that allows doctors to take X-rays. Nurse Harvinder Miller removed the belt on the table in order to prepare O’Donnell to move to the next table. However, as she walked around to the other side of the table, she witnessed the patient slip off the table. The nurse held her ground that there was nothing she could have done to prevent the fall.

However, the state Department of Public Health investigated this case in fall, 2007 and disagreed with the medical practitioner. It was determined that the fall led to O’Donnell’s death, and that there were errors in the procedure. The Boston Medical Center’s own investigations show that the operating staff was busy and/or preoccupied during the procedure. Additionally, the removal of the safety belt securing the patient was not verbally communicated, and therefore not recognized.

Dr. Carlos Guzman, an anesthesiology resident, Dr. John Pryor, an orthopedic resident, along with Nurse Miller and Nurse Ingrid Rush were all named as defendants in this wrongful death suit. The family insists that the medical staff present were negligent in keeping a close eye on O’Donnell, and they delivered below average care. Additionally, the hospital did not inform the family of the severe head injury until after they reported to the success of the hip surgery. In that way, the family of the deceased also felt that the Boston Medical Center was insensitive to their loss and grieving.

Wrongful death accidents are devastating, especially if they result from a simple accident that was preventable. It is even more disheartening when those we trust to take the utmost care of our loved ones are the ones who prove to be negligent. The Law Offices of Bredell and Bredell have years of experience handling wrongful death suits and are here to help you. Should such a situation have occurred to you and your family, please do not hesitate to contact us.

Filed under: Catastropic Injuries, Medical Malpractice Incidents, Wrongful Death Incidents—Tags: , , , , , — Comments (0)

Beat the Cold! Winter Weather Driving Tips Everyone Should Consider

As the temperatures cool and the leaves fall, the opportunities for car accidents increase. Weather conditions should play a factor in the way that you drive when hitting the road this winter season. Here are a few tips to keep in mind to ensure that you and your loved ones arrive at all your destinations safely, regardless of the weather.

  • Rain and snow create wet road conditions. Slowing down in inclement weather is crucial to avoiding car accidents in the winter months. Simply put, it is a matter of physics: vehicles are not able stop as fast, nor turn as accurately on wet or icy pavement.
  • Always wear your seatbelt, whenever you get into the car. It really is small action that can be lifesaving.
  • Prepare for the bad driving conditions by leaving early. Allowing yourself plenty of time to get where you are going will give more incentive to drive slower on icy or wet roads. Additionally, it is important to stay updated with the weather reports from your local media to prepare for the conditions outside.
  • Make sure your gas tank is full, should detours in your trip be required. 
  • Always make sure that your windshield wipers are in working condition. Some states even have laws that when windshield wipers are on continuously, your headlights are also required to be on.

Keeping these tips in mind can help keep you and your family safe when driving in poor weather conditions this winter. Car accidents occur more frequently when the temperatures drop, and it is important to be prepared. Should you or your loved ones be injured in a car accident this winter, The Law Offices of Bredell and Bredell are here to help.

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Beware of Phony Miracle H1N1 Medications Online, Warns the FDA

The H1N1 virus continues to be a problem for communities across the Untied States. Children are among the most likely to be inflicted with the virus as they are prone to sharing germs with other children at school and play. Unfortunately, there are people that are taking advantage of a fearful public.

According to the Better Business Bureau, there are several fake pharmacies and websites marketing products that claim to either prevent or cure the H1N1 virus. The BBB team up with the Food and Drug Administration in warning consumers to be careful when purchasing products such as these online. Some websites aren’t pharmacies at all–they may deliver products that have expired, contain dangerous ingredients, or be a fake version or a reputable medication.

According to a FDA investigation, one website that claimed to sell the drug Tamiflu, actually delivered something else. When the product arrived, it was unlabeled white tablets placed between two sheets of paper. It only contained talc and acetaminophen, but absolutely none of the active ingredient of the claimed medication. Shortly afterward, the site disappeared. Four other websites were also investigated, and each did not live up to their claims.

Any products that are for sale online must be fully evaluated before consumed. Those medications that are bought from illegal websites put shoppers at a higher risk because there is a greater likelihood that the products will not be what they claim to be. It is likely that the medication will be impure, contaminated, counterfeit, or imbalanced.

The Law Offices of Bredell and Bredell join the Food and Drug Administration in encouraging everyone to only buy products from FDA-approved medications that come from licensed pharmacies located inside the United States. Additionally, if you have concerns about any prescription drugs, you should speak with your health care provider immediately. Should you receive faulty medications please do not hesitate to contact us for help.

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Massive Toyota Recall Due to Sliding Floor Mats

Tuesday, October 27, 2009

Toyota will be launching a massive recall on the floor mats that rest under the seats. While mats are meant to maintain the cleanliness of one’s car, they have also been known to slide and jam accelerator pedals. This is the believed cause of a recent Lexus car accident killing four.

At the end of September, Toyota cautioned the owners of older model Toyota and Lexus vehicle to immediately remove any drivers side at. This message was directed at approximately 3.8 million Americans owning such products. In addition, the national government has issued its public safety alert on the mats, citing 102 reports of jammed accelerators in aforementioned models. Of those reports, thirteen resulted in car crashes in which five people died and seventeen people were severely injured.

The most recent of these crashes occurred on August 28th. An off-duty California police officer was driving a Lexus that crashed after traveling 120 m.p.h. Prior to impact, the terrified passengers phoned 911, exclaiming that the they were unable to turn off the engine because of a jammed accelerator. Unfortunately, all of the passengers in the car died as a result of the auto accident.

Toyota certainly has taken note, as reports of “unintended acceleration” have been coming in since the 2004 model, the Prius. After instances of coming loose, all-weather mats in Toyota Camrys and Lexus ES 350s were recalled in September, 2007. This problem was believed to be fixed after installing more secure points for the mats. The second time around, Toyota is doing a full recall on any driver’s side mat. Currently the company is working on a safe and effective solution to this problem.

No one vehicle is crafted perfectly, and each is bound to run into problems at some point. Car accidents such as these remind us that it is important to stay up to date with the latest recall notices. This way, accidents due to defective or insecure materials will not occur. The Law Offices of Bredell and Bredell join Toyota in encouraging all vehicle owners (including Lexus) to immediately remove their driver side floor mat. Be sure not to replace the missing mat with a paper one, as it could just as easily slide and jam the accelerator.

Should you or a loved one be injured in a car accident due to defective machinery, please do not hesitate to contact us. We have years of experience fighting for the rights of those injured in similar accidents, and are ready to do the same for you.

Filed under: Auto, Truck, and Motorcycle Accidents, For Your Information, Product Deficiency Matters, Safety Matters and Tips—Tags: , , , — Comments (0)

Witches Crossing! Tips for Pedestrian Safety this Halloween.

Halloween night is full of treats each and every year. However, there can be tricks as well. This is especially true on a night when many children are walking around in the dark, in such close proximity to streets and moving cars. And because twice as many kids are killed while walking on Halloween, pedestrian safety should be a top priority for parents and drivers alike.

This year, Halloween is on the same night that the clocks are pushed back due to daylight savings time. However, children will wait until it is dark to go trick-or-treating for candy. This will make it harder for drivers to see them. Therefore, it is important to slow down and keep a keen look out for trick-or-treaters, especially near crosswalks. Additionally, it is important to minimize all distractions, and focus all attention on the road.  Preventing pedestrian accidents this Halloween is not just the responsibility of drivers–it is also the obligation of the parents to reinforce safe pedestrian behaviors to remember while hunting for candy.

Parents, please remember:

  • Children under the age of twelve should not be trick-or-treating without adult supervision. Make sure that a mature adult will be present to ensure the safety of the younger children.
  • More mature children should still not trick-or-treat alone. Make sure that your child will be traveling in a group, as well as staying to a route that is brightly lit and close to home.
  • It is important to emphasize the necessity of crossing the street at corners, and not in the middle of the street. Additionally, all traffic signals are to be obeyed. This will increase the ability of drivers to see pedestrians as they navigate through their communities. Always look both left and right, and walk across the street.
  • While moving along their trick-or-treating route, children are to stay on the sidewalk and paths at all times. If there are no sidewalks available, then walk on the left most side facing traffic. However, this should try to be avoided as much as possible when predetermining a route with your children.
  • Encouraging your child to wear a brightly colored costume can also increase their visibility to oncoming traffic. Additionally, remind your children that it is unsafe to dart in the streets in front of traffic and between parked cars.

Keeping children safe this Halloween should be a top priority of all drivers and parents this year. Following the aforementioned tips can help to prevent pedestrian accidents in your community. The Law Offices of Bredell and Bredell wants to raise awareness for the increased chance of injury on Halloween, and encourage every trick-or-treater to use extreme caution. Should you or a loved one be injured in a pedestrian accident, please do not hesitate to contact us for help.

Filed under: Bicycle and Pedestrian Accidents, For Your Information, Safety Matters and Tips—Tags: , , — Comments (0)

Montana State Senator Charged with 3 Felonies After Boat Crash

Thursday, October 15, 2009

Although boating is a very enjoyable activity, recreational accidents can and do happen–especially if the driver of the boat was intoxicated. Last week, felony charges were filed against Montana State Senator Greg Barkus after he crashed a boat at high speed into a rocky barge after a night of drinking.

On August 27th, 2009 Senator Barkus was drinking scotch and wine during a dinner with other fellow legislators U.S. Representative Denny Reheberg, as well as his state director, Dustin Frost. The waitress who served him reported that she gave him two scotch drinks, while others at the restaurant report that Senator Barkus was drinking red wine following dinner.

Although those at the dinner maintained that he did not seem intoxicated or impaired when they left the restaurant, Senator Barkus had a blood-alcohol level of .16 when tested two hours later at the hospital. His level was twice the legal limit. When Senator Barkus was tested a second time, almost four hours later, he was still legally drunk with a blood-alcohol level of .12.

The boat involved in the crash did not have a spotlight, nor any other form of lighting. To navigate it was using a GPS system, traveling as fast as 45 miles per hour. One of the passengers reported that he was traveling at full speed. Additionally, another passenger has said that at one point during the trip Senator Barkus seemed confused about their direction. Because of this, he made a huge change in course direction. Almost immediately afterward, the boat went airborne, and then crashed onto a rocky embankment.

When Senator Barkus crashed the boat in Flathead Lake, Representative Rehberg suffered a broken ankle, among other injuries. However, he received the least injury. Frost spent ten days in a coma, and has been left with catastrophic brain injuries. Senator Barkus broke his pelvis and ribs, and two other passengers were also hurt.

Because of the boating accident, Senator Barkus faces charges of criminal endangerment and two counts of negligent vehicular assault. According to court documents, each of these have a penalty of up to ten years in prison, along with significant fines. However, one of the negligence counts cites the serious injuries to Representative Rehberg, and the other concerns the severe injuries to Frost.

Representative Rehberg, as well as Frost’s family, maintain that this was an unfortunate accident, but nothing more. Because this case is very high-profile, the judges in Flathead County decided to send the crime lab evidence out of state in order to avoid favoritism for the state senator.

However, Senator Barkus’ record is not a clean one. He was arrested in 2004 for suspicion of drunk driving, but was ultimately convicted of reckless driving. Although his term ends in December, if convicted of a felony before his term ends he will be forced from office early.

Driving a boat has the potential to be very dangerous, and requires the utmost attention at all times. Adding darkness and alcohol to the combination makes that possibility much more likely. It is important that everyone, not just those in the public eye, are careful not to drive any vehicle while under the influence of alcohol. Drunk driving accidents are even more devestating because they are completely preventable. The Law Offices of Bredell and Bredell has years of experience handling both recreational accidents, as well as drunk driving accidents. If you or a loved one have been injured in such an accident, please do not hesitate to contact us.

Filed under: Catastropic Injuries, Drunk Driving Accidents, For Your Information, Recreational Accidents—Tags: , , , , , — Comments (0)

Los Angeles Metrolink System Drastically Needing Reform

Wednesday, October 14, 2009

Last year, twenty-five people were killed in a head-on collision while riding on the Los Angeles’ Metrolink system. And although that made national headlines, many more people have died since due to pedestrian and automobile collisions with the train. Clearly, a solution to this problem is needed.

From 1993-2008, a reported 244 people have been killed on the Metrolink rail system. However, hundreds more people suffered severe, but non-fatal injuries. Those who are critical of the Metrolink believe that it has not done enough to make safety changes, much like the Metropolitan Transportation authority, a sister company.

There are several crossings within the Metrolink system that present a serious safety threat–many are complete with sharp turns and confusing signals that allow hardly any time for drivers to move. It is asking for an accident.  It is not surprising that many Metrolink intersections have all seen prior accidents.

Despite the number of incidents, Metrolink rail system has yet to do anything about the problem. Additionally, following each accident, the organization denied any responsibility, instead blaming the deaths on the motorists who attempted to beat the train. Even after the National Transportation Safety Board heavily criticized their crossing design and signal system, no change was made. Because they faced no legal obligation to follow federal recommendations, only minor issues were modified. The attention has largely been focused on gaining riders, rather than improving safety.

This is all in complete contrast to the MTA, the largest of the five agencies. They also had numerous accidents and deaths after initiating their service in 1990. Since then, they have dedicated a large amount of their resources to analyzing the causes of such incidents, and what to do to prevent them. After proceeding to make several changes, the amount of accidents has dramatically decreased.

Public transportation can be useful, but can also be dangerous with the mass amount of people that utilize it. In areas that have high accident numbers, it is important to make the necessary changes so that all people who use the system can go to their destination safely. The Law Offices of Bredell and Bredell are experienced attorneys who have the resources to fight for you, should you be injured in a public transportation accident. If this applies to you or a loved one, please do not hesitate to contact us.

Filed under: Bicycle and Pedestrian Accidents, Catastropic Injuries—Tags: , , , — Comments (0)

Philadelphia Construction Worker Dies After 125 Foot Fall

Construction sites are filled with perils where an accident can occur. An example of a recent construction accident occurred last week when a tall construction lift fell over and struck an apartment building. In the process, a  worker was killed after falling 125 feet.

James Wilson, 40, who has been described as a passionate father and a generally safe guy may not have been strapped into the bucket of the boom lift according to investigators. The vehicle tipped over after riding over a sidewalk grate, ultimately causing the grate to give way. If Wilson was not harnessed in, which is likely, he would have free fallen to the ground. He was then pronounced officially dead at Hahnemann University Hospital after 1:30 p.m. In addition to Wilson, three people in cars were also struck and treated for minor injuries. Fortunately, the top-floor apartment that suffered the most damage was empty at the time of impact.

According to the U.S. Occupational Health and Safety Commission, this type of construction accident (crane accidents) kill up to 82 workers on average each year in the United States. Unfortunately, most of these deaths are preventable. This is the case in the Wilson accident. Although the details are not confirmed, it is likely that he was not strapped into the harness. This is a prime example of why always taking the necessary and proper precautions can come in handy. Had he been hooked into the bucket of the boom, he may not have died as a result of the accident. Construction site accidents can take severe tolls, and those injured may be entitled to compensation for their injuries. If this applies you or a loved one, please do not hesitate to contact us at The Law Offices of Bredell and Bredell.

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Loose Lips Can Put You In Hot Water With Your Insurance Company!

In the event of any sort of accident, watching the terminology that one uses is crucial to avoiding a long and drawn out battle with your insurance company. Over the past fifteen years or so, insurance companies have had a more corporate philosophy to not make payments to its customers. And, using the wrong words when dealing with auto, health care, and home insurance can give the companies reason to not pay up.

New Jersey resident Melissa Cruz was driving her four-door car behind a pickup truck when she had to quickly slam on the breaks. She was driving five miles per hour under the speed limit, while the driver of the pickup truck was clearly speeding. Cruz did everything right–she remained at the scene of the accident, and gathered her documents. However, when she got out of her car, she apologized to the truck driver. “I thought apologizing was the right thing to do no matter whose fault it was. It turned against me though,” she explains. Even though the truck driver was at fault, Cruz’s apology was taken as her taking responsibility for the accident. Because of this, she went into a lengthy battle with her insurance company to fix her vehicle. At first, they insisted that Cruz was partly at fault for the accident, even though she was not the one speeding. It took her four months to get her insurance check to fix her car.

Another example of misused terms is when homeowners use the word “flood.” As defined by insurance companies, a flood is when water reaches a home because of a lake, stream, or river overflow. Otherwise, it is not considered a flood. Many might be inclined to say “flood” should a pipe burst in the home and caused knee-high water levels. Flood insurance is complex–although private insurance companies write the policies, the coverage is guaranteed by the federal government. Therefore, the insurance companies have a very narrow definition of the word “flood.” Using it improperly could be considered an exaggeration or fraudulent claim.

Lastly, those looking for health insurance payments also want to watch what they say. Using the words “experimental,” “investigational,” or “clinical trial” when a needed medical treatment is not common. If the insurance companies do not believe that it is a necessary or valid procedure, they are likely to refuse coverage. Additionally, it is important to refrain from using the word “whiplash” to describe neck pain, unless it has been medically diagnosed. Like “flood,” using such terminology can be seen as falsifying an insurance claim.

According to Amy Danise, editor of the web site Insure.com, a few words can make a very big difference. She highlights the importance of not saying anything to delay your claim. In terms of auto accidents, apologizing in any way can be admitting fault. Instead, Danise suggests that drivers should be neutral and just attempt to describe the events to the best of their ability. It is confusing to insurance companies when one apologizes–the last thing that anyone wants to do is backtrack in order to explain what happened.

Being injured in any accident can be devastating to those involved. Insurance companies are meant to provide coverage when it is needed most, but have lately been backing out of their responsibilities. It seems as if any possible excuse is being looked for to avoid having to pay up–and, what you say can help them delay or deny your compensation. The Law Offices of Bredell and Bredell have years of experience fighting for insurance payments for those who have been injured in a variety of accidents. If you’ve been injured, please do not hesitate to contact us.

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