In recent years, a controversy has evolved over when, and perhaps even whether, doctors should screen patients for cancer. Unnecessary screenings are expensive and burdensome for patients. Wait too long, though, and the patient's life could be in danger. In addition, the doctor could be faced with a malpractice lawsuit for failure to diagnose cancer.
In large part, the confusion boils down to problems with statistics. It can be hard to measure cancer screening effectiveness in an easily understandable manner.
]]> Take, for example, a scenario posed by researchers at the National Cancer Institute: There are three hypothetical patients, all of whom are diagnosed with cancer at age 67. They all die at age 70, making the five-year survival rate 0 percent. Three other hypothetical patients are screened and diagnosed with the same cancer at age 60. Like the patients in the first group, they also die at age 70.In the second case, the five-year survival rate would be 100 percent, even though the patients saw no actual increase in longevity.
Most cancer screening studies draw a link between effectiveness and increases in the five-year survival rate. However, as the above example shows, this statistic may not always mean much.
Screening healthy people can result in overdiagnosis, which can artificially inflate cancer survival rates. Still, it may be the safer option for many patients. It can protect doctors too - they may find it better to screen than to risk a medical malpractice lawsuit.
In the end, researchers say that the medical community needs to do more to provide doctors with reliable evidence about cancer detection.
]]>It is estimated that the cameras could prevent more than 100 fatal accidents every year.
Each week, on average, two children are killed and 50 more are injured when a driver accidentally backs over them. In the vast majority of cases, the children are hidden in the vehicle's rear blind spot. Even if the driver looks in the rearview mirror, he or she can't see these children.
]]> Some vehicles, especially SUVs, trucks, and passenger vehicles with high trunk lids, have enormous blind spots. The vehicle testing firm Edmuds.com measured a blind spot of about 40 feet behind most Toyota and Honda minivans. By contrast, a Cadillac CTS-V coupe has a blind spot that is more than 100 feet long.Over the last several decades, automakers and regulators have made a number of improvements designed to protect vehicle occupants from the dangers of car accidents. However, this is one of the first major safety moves intended to protect people outside the vehicles.
In an interview with the New York Times, the director of the Center for Auto Safety admitted that backover deaths account for a relatively low number of fatalities when compared with other types of auto accidents. However, he noted that "in terms of emotional tragedy, backover deaths are some of the worst imaginable. When you have a parent that kills a child in an incident that's utterly avoidable, they don't ever forget it."
Indeed, many back-over deaths happen as a result of what experts call "bye-bye syndrome," in which a child is killed after running outside to wave goodbye to a departing vehicle.
The cameras are not expected to be too expensive. On average, they should cost between $160 and $200 per vehicle. This is certainly a small price to pay to save the life of a child.
]]>The seven year study found that 49 percent of ER patients over the age of 75 were given pain medication compared to 65 percent of ER patients under the age of 75. The study did not include patients who were cognitively impaired or unable to tell medical staff that they were in pain.
]]> The reasons for the disparity are not clear but researchers suggest that emergency room physicians are more cautious about giving pain medication to elderly patients because of the adverse effects pain medications can have on older people. Many elderly people suffer from liver or renal disease, which weakens their ability to metabolize certain drugs.The study also found that emergency room personnel are more concerned with diagnosing an elderly patient's condition and less concerned with relieving his or her pain. While there are side effects of pain medications, doctors can still provide pain relief for elderly patients by using appropriate medications or reducing the dose, said Dr. Timothy Platts-Mills, lead author of the study. Pain medications can also have additional health benefits which include preserving mobility and function, which can be critical for elderly patients.
Elderly patients visiting the emergency room are encouraged to bring a list of their medications so medical staff can see if any of their routine medications may interact with what they receive during their visit. It is also helpful for elderly patients to have someone with them who can explain what meds they are on and what pain problems they currently have if they are unable to do so themselves. This will help hospital staff feel more at ease with dispensing pain meds to these patients.
]]>The report, "Injury Underreporting Among Small Establishments in the Construction Industry," was published in the American Journal of Industrial Medicine. The report determined that a major reason for the BLS's underestimation is that, out of all construction companies, small construction companies are the most likely to fail to report or underreport their workers' injuries. According to the report, small firms also have a higher percentage and greater severity of construction accident injuries than medium or large companies.
]]> The report concluded that small companies underreport their injuries across the board, but are more likely to underreport injuries to non-white workers. Some of the findings that supported this conclusion include:•· Although the 45 percent of the workers at small companies are Hispanic, only 8-16 percent of injuries among Hispanic workers are reported.
•· On the other hand, 36 percent of the workers at small companies are white, but 21-25 percent of injuries among white workers are reported.
The Effect of Underreporting
"Data accuracy is extremely important for occupational safety and health surveillance...," the report said. Without complete and accurate data, the report indicated, there is no way to determine whether safety measures are working. In addition, accurate data is essential to safety regulations and policy processes. Finally, accurate data ensures that funding and other resources are distributed in the most efficient and effective manner.
If underreporting continues, it is likely that worker safety will suffer, as the inaccurate data will stymie efforts to provide necessary resources and safety regulations. If you have been injured while working on a construction site, contact an attorney experienced in construction site accidents to ensure that your rights are protected.
]]>The study determined that pedestrians who used mobile devices while crossing intersections were more likely to be hit by cars, and that listening to music provided the greatest distraction.
]]> The study tested 125 students in a "virtual environment lab that simulated cars moving in multiple directions." The students were required to cross a two-lane street with cars traveling at 30 mph, under different sets of circumstances, including "without any distractions; while texting; while talking on a cellphone; and while listening to music with earphones."Because the issue of fault is so deeply complex in cases involving distraction, pedestrians and motorists alike should seek the advice of an experienced attorney if injured in an accident.
]]>To reduce the number of lead poisoning cases, the U.S. Consumer Safety Commission has decided to lower the limit of lead allowed in toys and other children's products. Beginning August 14, 2011, the limit was reduced by two thirds, from 300 parts per million to 100 parts per million of lead.
]]> Questioning the decision, some retailers and manufacturers of children's goods have called for proof indicating that the lower limit is safer. Though the Commission has been unable to quantify the benefits of the reduction, it stands by its decision. In a statement about the decision, Chairman Inez Tenenbaum said, "consumers can rest assured that lead should be virtually nonexistent in toys and other children's products."The Commission's recent decision resulted from years of study and safety advocacy. Having overseen several recalls of dangerous or defective products for children due to high lead content, the Commission began developing legislation to protect consumers. A result of the Commission's efforts was the 2008 Consumer Product Safety Improvement Act, which included the prompting to reduce lead levels by August 2011.
A petition process is in place for companies to request a waiver for their products. The Safety Commission will review petitions to determine if it is "technologically feasible" for the companies to comply with the new limit. If not, the Commission could choose to grant a waiver.
]]>However, as a growing number of health care providers store patient information electronically, privacy is becoming an acute concern. Considering a recent string of serious medical data breaches and negligence on the part of hospitals, consumer unease about electronic health records is far from groundless.
]]> Millions of Patient Records Leaked In 2011In March, insurer Health Net disclosed a data breach that involved the loss of nine server drives. In total, over 2 million Health Net members, employees and health care providers were impacted by the data loss. Despite the large number of affected consumers, Health Net waited nearly two months after discovering the medical data loss to make a public announcement.
Another major data breach occurred when the medical files of some 300,000 patients were released publically on the internet. A Southern California consulting firm that represents doctors and hospitals uploaded the medical data to a website they mistakenly believed could only be accessed by employees. The patient records contained everything from Social Security numbers to doctors' notes.
Early in the summer of 2011, the Department of Health and Human Services announced that they had found numerous data system vulnerabilities at seven large hospitals, and were in the process of inspecting eight more hospitals; the names of the facilities were not released to avoid flagging potential opportunities for hackers.
A federal website known by officials as the "Wall of Shame" details all reported medical data breaches that have affected 500 or more individuals over the past few months; currently, approximately 300 doctors, hospitals and insurers hold a spot on the wall.
Accountability for Breaching Private Medical Data
During the first half of 2011, health care providers paid millions in civil penalties under federal laws meant to guarantee the privacy of personal medical records. Still, some experts are skeptical about whether laws protecting electronic health records are strong enough to prevent serious breaches in the future.
The potential impact of healthcare data breaches and medical identity theft can be severe: one survey found that an average incident of medical identity theft costs victims more than $20,000. Until medical record holders are effectively held accountable for patient data breaches, individual consumers will continue to bear the brunt of the costs associated with health information losses.
]]>Section 6A of the Consumer Product Safety Improvement Act of 2008 ordered the Consumer Safety Products Commission (CSPC) to create of an online database by March 2011 where consumers could submit reports regarding unsafe products and others could search for information about the safety of various products. In November 2010, the CSPC voted on the final rules governing the scope of the database. The website began posting reports a few months later.
Lawmakers looking to cut funding for the website argue that the site is detrimental to businesses and does not protect consumers in the way that it is supposed to. Jennifer Hing, communications director of the House Appropriations Committee, argued the site is "an example of a poorly executed regulatory policy that does not protect consumers and hurts business at a time when industries need our help the most."
Other lawmakers claim that the information posted on the site will not be verified and may mislead consumers. However, the CPSC says that of the 1,600 reports consumers have filed on the site, those investigating the reports found only 104 of them to have inaccuracies, the most common of which is citation of an incorrect manufacturer.
Once a consumer files a report on the site, the CPSC has five days in which to contact the manufacturer. After ten days pass, the Commission posts the report along with any comments that it has received from the manufacturer. In order to help the Commission ensure the accuracy of the report, the consumer must describe the product, name the manufacturer, detail any injuries that the product caused and avow that the report is true and accurate to the best of the reporter's knowledge. The Commission will investigate anonymous complaints, but will only publish on the site those reports that include the consumer's name and mailing address.
Impact on Consumer Safety
CPSC officials say that there has been strong public support for the database. Some consumers have even learned that the manufacturer has recalled a product about which they are filing a report and have received instructions on how to return the product for a refund.
The site represents a departure from the Commission's past practices in dealing with consumer complaints, wherein the Commission kept the complaints about defective products secret until after a full investigation in order to prevent damaging the reputation of a manufacturer or a product. The drawback to that practice was that products the government knew to be dangerous stayed in people's homes for months or even years.
If the government cuts the funding for SaferProducts.gov, the country will almost certainly see a return to the days when information regarding product safety was slow to disseminate, which allowed dangerous products to stay in circulation far too long. Without the website, the only way for consumers to obtain similar information would be to file a request with the CPSC under the Freedom of Information Act; a process which often takes months. Furthermore, companies can block such requests if they cite confidentiality or proprietary business interests.
In the internet era, it is natural for people to go online to look for information regarding products that they believe are unsafe or to tell others about unsafe products. Manufacturers have an obligation to make safe products but they do not always meet that obligation and consumers need to remain educated in order to prevent injuries. SaferProducts.gov helps meet that need. Hopefully, the government will ultimately prioritize public safety over budget cuts.
]]>All too often, a painful biopsy reads inconclusive and then diagnostic protocol advances to further surgery and a major medical event for a patient who may be perfectly healthy. A 2007 study published in the New England of Journal of Medicine concluded that 30 percent of CT scans were completely unnecessary. Another study conducted at the Mayo Clinic concluded that a very small percentage of patients ultimately benefitted from discovery of an incidental condition during excessive diagnosis.
Exposing patients to radiation may be much safer than it once was, but the risks are still serious, particularly for vulnerable populations such as the elderly and children. For this reason, some doctors advise against radiological diagnostic procedures such as lung cancer scans for asymptomatic patients, and argue that a patient who has symptoms consistent with gastronitis, kidney stones or appendicitis should be treated accordingly. Due to the risks involved in radiological diagnostic procedures, patients should educate themselves before agreeing to these kinds of tests.
]]>The good news is that the number of work zone fatalities has slowly been decreasing over the years, but the bad news is that preventable accidents continue to happen. To help prevent car accidents in road construction zones, drivers should keep a few easy steps in mind:
•· Pay attention to signs, as they will inform you of proper speeds and warn about road conditions and unexpected hazards.
•· Use your headlights and maintain a safe distance from the car in front of you. According to Connecticut data, most work zone accidents involving rear-end crashes.
•· Watch your speed and slow down - you never know what might suddenly appear in the road while driving through a work zone.
•· Keep your eyes on the road and wear your seat belt. Do not fiddle with the radio or answer your cell phone when driving through a work zone.
•· Stay in your lane. Lanes may close unexpectedly and the speed of traffic may drastically change, so staying in one lane can reduce risk of an accident.
By taking these basic steps when driving through areas of road construction, especially when highway road crews are present, you can help prevent accidents and related injuries.
]]>In Connecticut, "Motor vehicle crashes are the leading cause of death for Connecticut teens and are responsible for 39 percent of all deaths among 16- and 17-year-olds," stated a spokesperson for the Connecticut Department of Public Health. According to the Centers for Disease Control and Prevention, the primary cause of teen death in the United States in 2008 was a car accident.
]]> Teenagers are more likely to be involved in a fatal car accident mainly because of driver inexperience. New drivers don't recognize dangerous situations as easily as experienced drivers, often following too closely or driving too fast for conditions.Connecticut, along with many other states, recognized the danger of inexperienced drivers to themselves and to others on the road and created graduated driver licensing (GDL) programs to address this problem. These programs gradually extend full driving privileges, slowly increasing a teen driver's responsibilities over time as he or she gets used to handling a car and driving in traffic.
Since August 2008, Connecticut's graduated licensing program protects teen drivers by:
Connecticut's program closely mirrors a national program introduced in the Senate in 2009 under the STANDUP Act (Safe Teen and Novice Driver Uniform Protection Act). While the national program has not been enacted, data suggests that in states that have adopted their own GDL programs, fatal teen car accidents have decreased by 40 percent.
Sources: Graduated Licenses May Limit Driving Accidents Among Teens; Teen Drivers: Fact Sheet
]]>Connecticut's snow-clearing rule comes from the 1989 Connecticut Supreme Court case Kraus v. Newton. In that case, freezing rain had been falling for several hours when a meter reader came to a property where the stairs and railing were covered in ice, but sand had not been put down. The meter reader was injured when he slipped and fell on the steps, and he sued the property owner for negligence in a premises liability lawsuit.
]]> Eventually the case went to the Connecticut Supreme Court, which set forth the ongoing storm doctrine. The court stated that, "in the absence of unusual circumstances, a property owner, in fulfilling the duty owed to invitees upon his property, to exercise reasonable diligence in removing dangerous accumulations of snow and ice, may await the end of a storm and a reasonable time before removing ice and snow from outside walks and steps."The unusual circumstances referenced were later partially defined by the Connecticut Appellate Court. It said that possible exceptions to the ongoing storm rule include:
This means that, unless an exception applies, property owners do not have to remove snow or ice while a storm is occurring. But, when the storm is over, property owners must remove ice and snow from their walkways and steps within a reasonable amount of time.
If you have fallen on snow or ice not properly removed from someone else's property, contact an attorney experienced in slip and fall cases to discuss any legal claims you may have.
Source: Don't Fall for Snow and Ice
]]>Connecticut's Health I-Team recently released an article detailing several instances of doctors who had been sanctioned in other states, but were able to continue practicing without restriction in Connecticut.
In 2009, Connecticut took disciplinary action against 55 of its 16,557 physicians. According to the Federation of State Medical Board's national report, that is only .33 percent. And only 28 of those cases resulted in an actual loss or suspension of a physician's license. If this number appears low, it's probably because it is. According to the Federation's report, Connecticut's disciplinary average is far lower than many other states.
]]> Challenges for the Connecticut Medical Examining BoardEach month, nine physicians, a physician's assistant and five public members meet as the Medical Examining Board to handle disciplinary hearings. They hear matters that the Department of Public Health (DPH) has deemed as necessary needing disciplinary action. The DPH notes that even though not all physicians suspected of misconduct have disciplinary hearings, Connecticut does take a "wide range" of sanctions against allegedly misbehaving or negligent doctors by sending warnings and charging fines.
Connecticut's Medical Examining Board has taken many actions against doctors based on disciplinary actions taken in order states, but, according to a DPH spokesman, those actions are time-consuming and burdensome under existing state regulations. Connecticut has to have its own, separate hearing on each matter and does not simply deem another state's disciplinary action "as true." As a result, some physicians are able to continue practicing without restrictions despite being sanctioned in other states.
The DPH has proposed a change to the state legislature, allowing Connecticut to have explicit authority to adopt the findings of other state's disciplinary actions, rather than having to re-examine each case on an individual basis.
For a matter of patient safety, it is important that patients are able to find out if their doctor has been suspended from practicing medicine or disciplined in another state. In most states, looking up your doctor license on the state's medical examining board site will allow you to see past penalties, but these may not always include out-of-state actions. Other websites, such as those created by independent healthcare rating companies such as HealthGrades, may allow patients to view a larger picture of their doctor's history - but those, too, as with any content on the internet, should be viewed with caution.
]]>NTSB Vice Chairman Christopher Hart noted that only 3 percent of all vehicles on the road are motorcycles, but they are involved in 13 percent of fatal motor vehicle accidents. "Too many lives are lost in motorcycle accidents. It's a public health issue," said Hart. According to Hart, helmets with proper padding that meet federal regulations are 37 percent effective in preventing motorcycle fatalities.
]]> Currently, only three states have no helmet laws at all (Iowa, Illinois and New Hampshire). Of the 47 that do, only 20 of them (plus the District of Columbia) require helmets for all riders. The remaining 27 states, including Connecticut, only require helmets for some users - usually those under age 18.Motorcyclists are concerned with the movement for more regulation. "We're making so much progress in the areas of rider education and motorist awareness, to call on the states to adopt motorcycle helmet laws, it seems like a jump in the wrong direction," said Motorcycle Riders Foundation Vice President Jeff Hennie. Hennie noted how fatal motorcycle accidents decreased in 2009, for the first time in 11 years. Motorcycle advocates feel that renewed efforts for uniform helmet laws are untimely, given the decline in fatalities.
But experts are not convinced - they believe that motorcycle accidents fell last year because of the bad economy: fewer riders on the roads, hence fewer accidents.
Sources: NTSB pushes for stricter motorcycle helmet laws; NTSB calls for motorcycle helmet laws
]]>Most cases in Connecticut - especially those involving claims of personal injury, medical malpractice or wrongful death - are initially filed in the Superior Court, which is the trial level court.
Connecticut is divided into 13 judicial districts with 20 geographical areas. Each judicial district has at least one Superior Court that hears major criminal, civil and family law cases. Civil cases include motor vehicle accident, medical malpractice, wrongful death and defective product claims.
]]> Determining VenueWhen deciding to sue someone for negligence or malpractice, you have to determine in what courthouse, or venue, your case should be filed. Choosing just any court is not an option. Typically, the courthouse in which you file must meet one of three requirements. It must be:
Deciding where to file sometimes will make a difference in your case, so it is important to seek help from an attorney experienced in handling cases like yours.
Second Chances After Trial: Appeals
The judicial system is also set up in such a way that if you don't get the outcome you were hoping for at the trial court it does not necessarily mean that you have no further chance of recovery.
When individuals are unhappy with the Superior Court's decision, they have the option to appeal - which usually leads the case to be heard by the Connecticut Appellate Court. Parties unhappy with that outcome can appeal to the Connecticut Supreme Court, but that court has the right to not certify the appeal - which means they do not have to hear the case if they do not think it is necessary.
Just because you want to appeal a court's decision, it does not necessarily mean that you should. It is best to consult with an attorney to decide what is most appropriate for your specific situation.
Sources: Connecticut's Courts
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