Bentonville Personal Injury Lawyer

Dangerous ATVs

Sach Oliver — Fri, 23 Oct 2009 12:34:20 GMT

Unsafe ATVs

ATV’s are useful tools. Whether you are a farmer, hunter, or trail rider, these vehicles can make your recreation or work more enjoyable. However, these vehicles can sometimes be unsafe. In fact, on March 31, 2009, the United States Consumer Product Safety Commission issued a warning that the 450, 660, and 700 models of Yamaha’s Rhino off-road vehicles need certain upgrades in order to ensure that they are safe.[1] The company has agreed to do a free repair program to address the problems with the vehicle. Furthermore, Yamaha agreed to suspend the sale of the models until repairs were made. The repairs are in an effort to reduce the risk of rollover for these vehicles. The repairs include: 1) installation of a spacer on each of the rear wheels and 2) removal of the rear anti-sway bar. Both Yamaha and the CPSC suggest that these vehicles should not be operated until these repairs are made.

The CPSC has investigated 50 incidents involving the Yamaha Rhino, with reports of 46 driver and passenger deaths.[2] Of these incidents, two-thirds have involved rollovers with unbelted drivers and/or passengers.[3] What is even more shocking is the fact that many of these rollovers have occurred on turns at relatively low speeds on level terrain. The Rhino also has been involved many accidents that did not kill, but mangled those who were injured.[4]

Sadly, one such rollover accident involving the Yamaha Rhino killed a 31-year-old man and injured five children under the age of 9.[5] It is always a tragedy when people are killed or injured because of unsafe products. If you own one of these Yamaha Rhinos, by all means, please go get the safety upgrades for it. Also, look at the websites below, one of which contains some video showing how easily this machine turns over.

[1] “Yamaha Motor Corp. Offers Free Repair For 450, 660, and 700 Model Rhino Vehicles
CPSC advises consumers not to use the off-road vehicles until repaired” available at: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09172.html, (accessed October 22, 2009).

[2] Id.

[3] Id.

[4]“Yamahas Rhino: For Some a Deadly Ride” available at: http://www.cbsnews.com/stories/2009/08/04/cbsnews_investigates/main5213784.shtml, (accessed October 22, 2009).

[5] “Garden Grove Man Killed, 5 Children Injured in Off-Road Crash,” available at: http://www.ocregister.com/articles/old-year-children-2429745-officials-broken, (accessed October 22, 2009).

Originally posted at InjuryBoard by Sach Oliver

Physician Well-Being Equals Patient Well-Being

Sach Oliver — Tue, 20 Oct 2009 17:26:39 GMT

Physician Well-Being Equals Patient Well-Being

We’ve all been there. You’re so tired and burned out from a day’s work that you all you can think about is making to the end of the day so you can go home and finally relax. Perhaps you’ve even noticed that your work quality tends to slip once you reach this point. Well, doctors are no different. They put in many hours for their profession, and there is no doubt that they too, suffer from burnout and fatigue.

Studies show that doctors who suffer from fatigue and burnout are more likely to make errors in their work.[1] Based on surveys given to doctors, the study found that for every point increase in a doctor’s fatigue score, he or she was 14% more likely to commit a medical error.[2] Further, for every point increase in a doctor’s sleepiness score, he or she was 10% more likely to commit a medical error.[3]

This can be likened to the controversy a few years ago about pilot fatigue. The gist behind that ordeal was that tired pilots can be dangerous. The same can be said for doctors. Many times, they help us co-pilot our body, and keep it going in the right direction. If they suffer from fatigue and burnout, they are more likely to commit errors that can be very costly.

The services that doctors provide to us are invaluable. Just like many people, when they are at their peak, you could not ask for better service. However, if the next time you are in to see the doctor, you see dark circles under his/her eyes, you might want to wait until they have had a nap. Better yet, go see them after a long vacation.

[1] “Tired, Stressed Docs Make More Mistakes, Study Finds,” available at: http://www.ajc.com/health/content/shared-auto/healthnews/docs/631236.html. (accessed September 24, 2009).

[2] Id.

[3] Id.

Originally posted at InjuryBoard by Sach Oliver

Nursing Homes In Arkansas

Sach Oliver — Tue, 29 Sep 2009 09:00:00 GMT

Many people dream of the “Golden Years,” when they will be able to retire and reap the fruits of many hard years of labor. Unfortunately, many people are forced for various reasons into nursing homes where they are under supervision in order to promote their well-being.

This is not the ideal situation many had planned for the latter part of their life. While this is sad enough in itself, what compounds the problem is the fact that many nursing homes provide woefully inadequate service to their patrons. Sadly, the majority of nursing homes in this state fail to meet federal standards for adequate care.[1]

In 2003, over 90% of Arkansas nursing homes violated federal health standards.[2] Furthermore, one-third of these nursing homes had violations that caused actual harm to patrons or placed them in danger of death or serious injury.[3] The violations in Arkansas nursing homes varied. However, in failing to meet standards for adequate care, nursing homes were cited for failing to provide proper medical care, including failure to prevent and treat pressure sores, failing to ensure that residents receive adequate nutrition and hydration, and for failing to prevent abuse, mistreatment, and neglect of residents.[4] Compounding these problems is the fact that 92% of nursing homes in Arkansas failed to meet minimum staffing levels.[5]

Only 13 nursing homes in Arkansas in 2003 were found to be in full or substantial compliance with federal health requirements.[6] Given these facts, it is disconcerting to realize that the study conducted in Arkansas may not fully disclose the extent of the problem. The study mentioned that “one-third of state inspections occurred on a predictable schedule.”[7] Because of this, homes had adequate notice to “conceal problems if they chose to do so.”[8]

Many of us have had to go through the situation of putting a loved one in the nursing home. This is a sad situation, because we know that this is not the way that our loved one wanted to spend the rest of their life. In insuring that this sad situation is not made worse through inadequate care, it is important that one remain abreast of the facts about nursing home care in this state. Further, we should make frequent visits to our loved ones to ensure that they are receiving adequate care. No one should spend his or her “Golden Years” in neglect.

[1] “Nursing Home Conditions in Arkansas: Many Nursing Homes Fail to Meet Federal Standards for Adequate Care,” available at http://oversight.house.gov/documents/20040624112120-66634.pdf, (accessed September 27, 2009).

[2] Id.

[3] Id.

[4] Id. at 2.

[5] Id. at 3.

[6] Id. at 10.

[7] Id. at 11.

[8]Id.

Originally posted at InjuryBoard by Sach Oliver

Hazing

Sach Oliver — Mon, 28 Sep 2009 18:27:56 GMT

Hazing

School has officially started back, and most students have been back to the grind for almost a month now. Many college students decide during their first year of college to become part of Greek and various other organizations. Most of these organizations provide students with great opportunities to make life-long friends. There are however, uglier sides to some of these organizations, discovered when it is time to initiate new members. Watching a movie such as Old School makes such activity seem comical, but outside of a Hollywood college campus, hazing activities can, and often do take dangerous turns.

Approximately 55% of college students involved in clubs, teams, and organizations experience hazing.[1] Hazing activity includes alcohol consumption, humiliation, isolation, sleep-deprivation, and sex acts.[2] Some of these activities simply involve what most would simply call mischief, while some of these activities are downright dangerous. For example, 12% of students hazed drink alcohol to the point of getting sick or passing out, and 26% participate is some kind of drinking game.[3] Further, 11% of those hazed are required to deprive themselves of sleep.[4] While such activities are dangerous on their own, these statistics do not take into account the number of students who get behind the wheel of a car while in a drunken or sleep-deprived state as a result of taking part in hazing activities. Some initiates even endure harsh weather conditions without appropriate clothing.[5]

While activities like those listed above can have dangerous consequences, so can seemingly less dangerous activities. Take for example, Matthew Carrington, a Chi Tau pledge at Chico State University who died in 2005 as a result of hazing activities.[6] Matthew did not die from drinking too much alcohol. Instead, he died from water intoxication that caused the swelling of his brain and lungs, after he and another pledge were ordered to drink from a five-gallon jug of water that was continually refilled.[7] His death was the result of a pointless initiation activity that included among other things exercising in raw sewage.[8]

While studies show that hazing is a common activity, it is imperative that the dangers of this activity are understood. Young adults should not be injured nor have their lives ended abruptly because of such senseless behavior.

[1] “Hazing in View: College Students at Risk,” available at http://www.hazingstudy.org/publications/hazing_in_view_web.pdf, (accessed September 16, 2009).

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Elaine Korry, “A Fraternity Hazing Gone Wrong,” available at http://www.npr.org/templates/story/story.php?storyId=5012154, (accessed September 16, 2009).

[7] Id.

[8] Id.

Originally posted at InjuryBoard by Sach Oliver

“It’s Not a Tumor!”: Cell Phone Use and Brain Cancer

Sach Oliver — Mon, 28 Sep 2009 09:00:00 GMT

For those of you who cannot reference this title check out this link first (http://www.youtube.com/watch?v=8xqZnmESuiw&feature=related). In this clip, the Governator himself seems to be echoing the sentiment of the cell phone industry. The convenience of cell phones has caught on with a rapid pace in our society. It used to be that you only witnessed busy professionals jabbering away on cell phones. Today however, kids in elementary school are carrying them around, talking and texting their way through the day.

All along, the safety of cell phones has been studied, often with the results ending in the same “inconclusive” category. All the while, cell phone companies insist that their products are safe. A recent report entitled “Cellphones and Brain Tumors: 15 Reasons for Concern,” suggests that regular cell phone use can “result in a “significant risk of brain tumors.”[1] Despite this, there is no real conclusive evidence that one can point to in order to say whether cell phone use is directly related to brain tumors.

There is concern however, with the “biological effects resulting from electromagnetic radiation” on a person.[2] Noted, is the “higher risk of brain tumors for people who use a cell phone for at least 10 years and who typically hold the device to the same side of their head.”[3]

However, as noted, “there are gaps in knowledge that have been identified for further research to better assess health risks.”[4] This is a very interesting topic to ponder. The more our society turns to the use of cell phones, the more we are likely to find out about the health risks resulting from their use. If masses of people continue using this method of communication, data will be more prevalent, thus, easier to obtain. This is sure to be an emerging issue over the next 5-10 years, and one which warrants our full attention. I encourage you to read the David Lazarus article linked below.

[1] David Lazarus, “Cellphones and Brain Tumors: Report Revives Nagging Questions,” available at http://www.latimes.com/business/la-fi-lazarus9-2009sep09,0,7825195.column?track=rss, (accessed September 27, 2009).

[2] Id.

[3] Id.

[4] Id.

Originally posted at InjuryBoard by Sach Oliver

Protecting Our Children Part II

Sach Oliver — Wed, 16 Sep 2009 09:00:00 GMT

In my previous entry, I covered some general toy buying tips that people should consider before buying toys for their children. Today I would like to discuss a few of the more popular yet dangerous toys that you are likely to encounter in the marketplace.

Crash and Burn

If you have a child who is into things that fly, you may want to take a look at what runs their toy planes and helicopters. The Air Hogs RC Helicopters contain lithium ion and lithium polymer batteries that can burst into flames or explode of not handled correctly or are not charged with precision.[1]

Magnetic Earrings

I briefly mentioned this in my last entry. If a child swallows one of the small magnets in this product, the consequences can be very unfortunate.[2]

Phthalates ?

What in the world are Phthalates you may ask? These are chemicals used in everything from children’s makeup sets to bath toys and teething rings.[3] They are often used in children’s toys in order to make them soft and flexible.[4] The problem however, is that these chemicals have been proven to pose risks to children’s reproductive and endocrine systems.[5]

The Buzz about Dora the Explorer

Dora is a sensation with children, and you can even purchase a Dora lamp for your child. There is a potential problem with this though. A young child may mistake the lamp as a play toy, and if the lamp is plugged in, this exposes the child to risk of electric shock.[6]

Lead Dangers

Lead is a dangerous substance which can cause developmental problems in children.[7] Fairy backpacks and bags made by Tyrrell Katz have been found to contain dangerously high amounts of lead, as well as traces of arsenic and mercury.[8]

Highs School Musical Rockerz

Tests have shown that the High School Musical Rockerz toy guitars achieve volume in excess of 90 decibels.[9] Exposure to sounds that loud can cause hearing damage within 2 hours.[10]

Strangulation/Choking Hazards

Toys with long strings/cords pose strangulation hazards to young children. Two such popular toys are the Yo-Yo Ball and the Pull and Pop Pelican.[11] From 2002 to 2006, there were sixteen incidents of children losing consciousness because of the Yo-Yo Ball wrapping around their neck.[12] In addition, toys such as the Polly Pocket and Barbie Peek A Boo contain really small parts which if swallowed, can cause young children to choke.[13]

The previously mentioned products are some of the more dangerous toys that your children may come into contact with. We should be aware of potential dangers that threaten our kids. Taking proper precautions such as informing ourselves about dangerous toys is just a small, yet very important part of protecting our children.

[1] “10^th Annual Toy Safety Campaign: 10 Most Dangerous Toys of 2008,” available at: http://www.keenanskidsfoundation.com/downloads/ToyList1108.pdf, (accessed September 15, 2009).

[2] Id.

[3] Id.

[4] Id.

[5]Id.

[6] Id.

[7]Id.

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Id.

Originally posted at InjuryBoard by Sach Oliver

Protecting Our Children

Sach Oliver — Tue, 15 Sep 2009 17:39:16 GMT

If you did not know it, the Christmas season is upon us. Although it is only September, a walk around some local stores will fill your views with the likeness of the jolly fat man. It seems like Christmas starts earlier and earlier every year. One good thing about this however, is that we can really take our time in selecting those special gifts for our little ones. To this end, I would like discuss some tips I have found for selecting safe toys for our children.

According to the Consumer Product Safety Commission, choking is the most common toy related cause of death among children.[1] From the years 2005 to 2007, thirty-three (33) children choked to death on toys, balloons, or toy parts.[2] Obviously, the tip to be heeded here is to avoid toys that a young child can fit in their mouth.

Other toy related dangers include noise, magnetic parts, and lead and toxic chemicals.[3] Are you ever in another room and find yourself annoyed by that constant noise from a child’s toy? If you are, you may want to think about it another context other than your annoyance. Children’s ears are sensitive, and if you can hear a toy from another room, chances are it is too loud for your child.[4] Magnetic parts in some newer toys are very strong, and if swallowed (some resemble shiny candy) by children can cause serious intestinal complications.[5] Perhaps most dangerous however, are the chemicals found in some children’s cosmetic sets. [6] Some sets contain chemicals known to cause developmental hazards.[7] Lead in the paint on children’s toys is also a concern. When exposed to lead, children can suffer from lower IQs, developmental delays, or death.[8]

These are just some general tips to think about when you begin picking up presents for your kids. I will follow this entry with a discussion of some of the more popular, yet dangerous toys you are likely to encounter. Until then, keep these considerations in mind, and tell Santa to do the same.

[1] “Tips for Toy Safety,” available at https://www.uspirg.org/uploads/He/tx/HetxSglnkweWIYEY35-w0A/tips-for-toy-safety-2008.pdf, (accessed September 14, 2009).

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] Id.

Originally posted at InjuryBoard by Sach Oliver

Regulating the Health Care Market

Sach Oliver — Fri, 11 Sep 2009 08:55:00 GMT

Tort reform is a touchy subject. Many people argue that tort lawyers who take on medical malpractice claims are just trying to ruin doctors and get rich quick, all while driving up healthcare costs for others. However, looking at actual research, rather than repeating tired dogmas reveals the truth behind this subject.

The actual cost of medical malpractice claims equates to less that 2% of overall healthcare costs.[1] This percentage of spending is arguably low when one considers the benefits provided by this private sector regulation of doctors. In fact, the number of doctors who have ever been responsible for malpractice payments is very low. To be precise, 82% of doctors have never had a malpractice payment.[2] This proves that malpractice claims are much less common than many people think. Further, since 1991, 6% of doctors have been responsible for 58% of malpractice payments.[3]

With these numbers in mind, it is evident that many doctors will go through their entire career and will never be responsible for a malpractice payment. Does this prove that the healthcare market should be subject to less liability? I think that this would lead one to the opposite conclusion. Doctors know that they are subject to liability, and this gives them an incentive to perform adequately. Consumers of healthcare deserve to know which doctors are performing adequately, and those who are injured by inadequate performance deserve to be compensated.

The argument is often heard that those who are compensated force others into higher healthcare costs because doctors are then forced to pay higher premiums, and pass this cost on to the consumer. However, there is little correlation between malpractice premiums and malpractice payouts.[4] Rather, doctors’ premium increases can be attributed to declining interest rates and investments.[5] These are some important considerations for us during these times. Assumptions should not guide us. We should look at the facts of this subject ourselves, and encourage others to do the same.

Our firm believes the overwhelming majority of doctors are wonderful people and fantastic physicians. It is the minority of doctors who are negligent and should be held accountable for their actions.

[1] “Malpractice a Tiny Percentage of Health Care Costs,” available at http://www.justice.org/cps/rde/xchg/justice/hs.xsl/8686.htm, (accessed September 7, 2009).

[2] “By the Numbers- Few Doctors Responsible for Malpractice Payments,” available at http://www.justice.org/cps/rde/xchg/justice/hs.xsl/8692.htm, (accessed September 7, 2009).

[3] Id.

[4] “No Correlation Between Malpractice Payouts and Insurance Premiums,” available at http://www.justice.org/cps/rde/xchg/justice/hs.xsl/8689.htm, (accessed September 7, 2009).

[5] Id.

Originally posted at InjuryBoard by Sach Oliver

Gambling on the Road - 18 Wheelers

Sach Oliver — Thu, 10 Sep 2009 08:45:00 GMT

One in five chances in the lottery would not be so bad. Would you take the same chances on the road? Chances on what? A recent study (June 2009) conducted by the Commercial Vehicle Safety Alliance shows that for every large truck on the road, one in five were unable to pass inspection, and thus had to be removed from service.[1]

Passing an inspection might not seem like a huge deal, until you consider the fact that over half of these violations were accounted for by defective brakes.[2] That is right -- big, heavy trucks with defective breaks. This is not really what one would consider a “winning hand.” The problem does not stop there. One-percent of truck drivers were also found to be under the influence of alcohol or drugs.[3]

How Does Arkansas Weigh Up?

Arkansas has a relatively low population when considered nationally, but astonishingly, comes in 9^th (ninth) on the list of states with the most companies in violation of safety requirements per 100,000 people, with 23 companies having violations in 2009.[4] Nationally, it is estimated that there are over 200,000 trucks operating with safety violations.[5] These safety violations do not stop with big trucks, with a significant number of these violations coming from buses, cargo tankers, and motor coaches.[6]

At What Cost?

It is disturbing to find out that so many trucks with safety violations are on the road. The question must be asked as to why this is the case. Those involved in the trucking business see very low profit margins, and violating safety standards allows these companies to maximize profits.[7] Illegally overloading trucks, exceeding speed limits and maximum driving hours, as well as failure to maintain tires and brakes are just a few of the ways that trucking companies cut costs.[8] There can be serious consequences however, for such conduct. “Fatalities per miles driven are 56% higher for trucks than for all motor vehicles combined.”[9] Sadly, in 2007, trucks accounted for 4,808 fatalities across the U.S. with 114 of those deaths in Arkansas.[10]

This just covers the surface of some disturbing findings about trucks across the nation. I would encourage you to read the whole report for yourself at www.justice.org/trucksafetyviolations. Awareness is an important factor in promoting trucking safety, and while the odds of running across a truck with safety violations will never be as low as those of winning the lottery, that should be our goal.

[1] “Warning! Safety Violations Ahead: Motor Carrier Companies Keep Unsafe Trucks on U.S. Roads,” pg. 5, available at: www.justice.org/trucksafetyviolations, (accessed September 3, 2009).

[2] Id.

[3] Id.

[4] Id. at 4.

[5] Id. at 3.

[6] Id.

[7] Id.

[8] Id.

[9] Id. at 2.

[10] Id.

Originally posted at InjuryBoard by Sach Oliver

Protect Yourself as A Consumer

Sach Oliver — Wed, 09 Sep 2009 08:44:52 GMT

Protect Yourself as A Consumer

Many times we go to the local supermarket and do not think twice about the food that we grab. This is usually not a problem. Even if we happen to grab a “bad apple,” it might not be so bad. A few days of sickness, and we are over it. However, we are consumers of many products besides food. Yes, tainted food can be dangerous, even deadly, but as consumers, there are more dangerous products that we should keep close tabs on.

I am sure you have seen the many reports on recalled products on the evening news, or even the special reports dealing with the same. However, it may be dangerous if the first time you see such reports is on the evening news. The news does not report on every recalled product.

We are consumers of everything from automobiles to prescription drugs. The two previously mentioned products are perhaps some of the most dangerous products that we consume. Just because something is in the marketplace, should we assume that it is safe to use? I would venture to say that such assumptions would not be wise.

My point is that we should be well-informed consumers. It is probably unwise to assume safety. Sure, many products on the market place are safe, but it is probably wise to do some research. If you are about to buy a new car, check out the safety specks on it. If you are taking prescription drugs, do your own research on it. Know potential side effects etc. Also, keep a check on FDA recalls. Do not be the last to be informed that your new prescription is unsafe.

The following are just a few of the websites that will help you in your quest to become an informed consumer.

http://www.fda.gov/Safety/Recalls/default.htm

http://www.cpsc.gov/

http://www.ftc.gov/bcp/consumer.shtm

http://www.ct.gov/dcp/site/default.asp

http://www.docboard.org/

http://www.consumeraction.gov/

Originally posted at InjuryBoard by Sach Oliver