We are all well aware of the negative impact of impaired driving on human beings. Operating a motor vehicle requires attention and decision making ability on the part of the individual. When a driver is high on alcohol or drugs, it will be difficult for them to focus on what is happening on the road and make decisive actions. The National Highway Traffic Safety Administration reported that 33,561 people died in traffic crashes in 2012.
The 2013 National Survey on Drug Use and Health (NSDUH) revealed that 9.9 million people more than 12 years old reported driving under the influence of illicit drug a year prior to the survey. Alcohol, drugs, and driving do not mix and will often have negative consequences. According to the website of Karlin, Fleisher & Falkenberg, LLC, impaired , driving impaired can have tragic effects on the life of the plaintiff. DUI/DWI is a crime and may have serious repercussions on the offender.
Both alcohol and drugs can affect the various human abilities needed for driving. Alcohol is a depressant that can slow down the functions of the central nervous system. It can affect a person’s information processing and cognitive skills as well as their hand-eye coordination or psychomotor skills. Drugs, on the other hand, can affect their judgment, reaction time, motor skills and memory. Aside from that, it can affect perception, motor skills, and memory.
The good news is that the number of alcohol-impaired fatalities has declined over the years. From 1982 – 2014, fatalities have decreased by 53%. But while alcohol impairment has declined, driving under the influence of drugs or DUID continues to increase. A driver’s level of intoxication is determined by their blood alcohol content (BAC). The threshold level for BAC is either 0.5% or 0.8%. Anything greater than that is punishable and may subject an individual to fines and even imprisonment.
Whenever walk-in patients make a consultation visit to a doctor, the questions they usually ask are centered only on what their illness is, what medicine they should take and how often they should take the prescribed medicine.
It is natural for patients to trust doctors due to their expertise when it comes to health. Too much trust, however, blinds patients from the reality that even the best doctors can commit mistakes. In fact, more than a quarter of a million people die every year due to medical mistakes, making these the third leading cause of death in the U.S.
Wrong diagnosis is just one of the many different types of medical mistake or medical malpractice. Failure to correctly diagnose a patient’s real condition is due to failure in detecting the warning signs of a real and more severe health condition, like one that can lead to a stroke.
Stroke, also known as Cerebral Vascular Accident (CVA), is caused by a pause in the flow of blood to any area of the brain. This can be caused by a blood clot in the blood vessels or in the Cholesterol plaque (these are the products of heart disease; these begin in artery walls and continue to grow over the years. This growth of cholesterol plaque slowly blocks the blood to flow in the arteries. If it suddenly ruptures, the sudden blood clot that may form can cause a heart attack or stroke). Before a major or large stroke, a patient usually suffers a Transient Ischemic Attack (TIA) first. TIA is what medical professionals identify as a warning stroke or mini stroke; it usually last for only about 20 minutes, as the flow of blood usually resumes afterwards.
A stroke is definitely preventable, but only if its symptoms are get detected early and the person given proper treatment. Failure to diagnose it and render proper treatment, however, can easily result to paralysis or patient’s death. In fact, according to the American Stroke Association, more than 500,000 individuals suffer a stroke every year. About 200,000 of those who suffer stroke end up disabled, while the many more others end up dead.
The symptoms of stroke are sometimes hard to determine due to their resemblance with other types of serious health conditions, like severe migraine attack or diabetic hypoglycemia. The presence of other warning signs, though, like unexplained severe headaches, dizziness, loss of coordination or balance, difficulty in understanding or speaking, difficulty in walking and in seeing either from one or both eyes, and weakness or numbness on one side of the body, may be interpreted as signs of stroke; but to be more certain, requiring the patient to undergo more tests may be called for. These symptoms, especially TIA, should never be taken lightly. On the contrary, patients displaying these symptoms should be given emergency care.
In the website of the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., it is said that doctors are charged with the very lives of those in their care and that even the smallest oversights or mistakes in the medical field can have devastating effects on unsuspecting patients. Though no doctor would intend to harm any patient, it is also important to send a strong message to the medical community that carelessness resulting to harmful mistakes will not go unnoticed or unpunished.
Millions of people in the United States purchase different products every day, whether those things are something they want or need. Since people pay for those things with their hard-earned money, it is just right to expect that they get their money’s worth. These products are expected to be manufactured and marketed properly before they even hit the shelves. Unfortunately, there are products that are proven to be defective even after they’re sold. Some discover the fault in production and informs the public, and some are overlooked and only reviewed after reports of injuries surface. Fortunately, the United States government has two federal agencies that protect consumers from such situations: the U.S. Food and Drug Administration (FDA) and the U.S. Consumer Product Safety Commission (CPSC).
The U.S. FDA, a federal agency of the U.S. Department of Health and Human Services, deals with the inspection and supervision of food- and medical products. There are federal standards implemented by the FDA that manufacturers are required to follow. The product recalls are classified based on the severity of possible adverse reactions to the consumed product. Typically, once a defect is discovered by the FDA, the manufacturer is forced to stop the production until the source of the problem is known.
The U.S. CPSC, on the other hand, is the agency that handles the public’s protection from possibly dangerous consumer products, from simple dysfunctional cooking pans to faulty recreational vehicles. Cases of injuries are usually what prompt the agency or the company to recall the product, and just like the FDA, CPSC sets a federal standard for production.
Generally, if you were affected by a product and you have probable cause for filing a lawsuit against the liable party, your claim might have a higher chance of winning when the alleged product was deemed defective by these agencies.
One of the very important tasks of the National Highway Traffic Safety Administration or NHTSA is to save lives by passing and enforcing traffic safety rules that will reduce road accidents, and prevent injuries and/or untimely death. The NHTSA, which is an arm of the US Department of Transportation, partly accomplishes this task by making sure that designers and makers of cars comply with federal standards on vehicle safety and excellence.
The federal government imparts on car manufacturers the major and legal obligation of seeing to it that all their vehicles, prior to leaving the manufacturing plant, will never put any lives at risk and that no unit has any defective design or has been equipped with a defective part; well, at least these are how things really should be. However, the contrary is what usually happens. This is why, in 2013, NHTSA’s records show as many as 22 million vehicles recalled by more than 10 car manufacturers due either to defective design or parts, which included seat belts, tires, steering wheel, child seats, brake pads, wipers, and air bags that just deploy despite the vehicle not crashing. There was also a case where gas leaked from the engine, thus increasing the risk of fire. Well, if it’s any consolation, the 22 million in 2013 was still quite low, considering the fact that, in 2004, vehicle recall hit a high or 30.8 million.
There are different occurrences that can lead to a vehicle recall. It can be: through an investigation by the NHTSA to confirm complaints filed by consumers; the manufacturers making the recall themselves after discovering the defect; or, through reports (from insurance companies) that are received by the NHTSA or by the manufacturers of the cars that most frequently figure in accidents. Many times, however, recalls only happen after customers find out about the defect. Sadly though, they discover it after they themselves have been in an accident, wherein they suffer often fatal injuries.
As mentioned in a website, called the Tuscon personal injury attorneys of Russo, Russo & Slania, P.C., a car accident can result to serious and long-lasting physical and emotional consequences especially for the victim and his/her family. And while it is true that the effects of injuries sustained in it can no longer be undone, vehicle defects should be taken into serious importance in order to limit these issues in the future.
The side effects of morcellators were apparently known long before the Food and Drug Administration (FDA) issued its first official warning in 2014. This is a disturbing revelation for those who are already suffering the consequences as patients or their families.
Power morcellators were considered an important breakthrough back in 1991 for routine hysterectomies or myomectomies because it was minimally invasive. The device was a drill-like apparatus that could slip through a 2-centimeter incision or through the vagina canal to remove and excise uterine fibroids or other abnormal tissue. This method was more efficient and clean than traditional surgical methods for the surgeon, and the healing time was quicker for the patient. About 600,000 hysterectomies are performed in the US every year. Morcellation understandably became the method of choice for many gynecologists.
However, doctors noticed as early as the late 1990s that tissue fragments often were left behind, and in 2003 there were indications that at least some of these fragments may have been malignant. It is standard practice in most surgical procedures to use a surgical bag to contain suspect tissue—uterine fibroid are usually benign, but not always—but this was not the case with morcellators. This is because manufacturers did not include a surgical bag as part of the device’s equipment nor warn doctors about the risks, so doctors believed the risk was low.
These two things contributed greatly to the number of preventable deaths and cases of uterine sarcomas that developed over the years. As it is turning out, the risks are very high; to the tune of one in every 350 cases, in fact. Considering that about 12% of 600,000 women chose morcellation for their procedure, this means that of the 72,000 or so patients every year, about 200 women will end up with uterine cancer. Since morcellators has been in use since 1991, a conservative estimate would still put these preventable cancers in the thousands.
If you suffered serious injury or loss from power morcellators, you are not alone. You have the right to sue for compensation, just as others have done, because the manufacturers failed in their duty of care. Contact a competent morcellator lawyer in your area as soon as possible to get the best possible assessment of your case.