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April 27, 2006

Oops In Operating Room

Yesterday Katie Couric on the Today Show reported on surgeries on the wrong body parts.  Though short on statistics, the report was a disturbing reminder of how vulnerable we are when we enter a medical facility for a surgical procedure.

Recent reports in USA Today argue that 'wrong site' surgeries are on the rise.   A study of 2.8 million operations over a 20-year period, published in last month's  Archives of Surgery, show the rate of "wrong site" procedures is 1 in every 113,000 operations. These numbers exclude procedures on the spine, because surgical sites on the spine are verified with X-rays and thus safeguarded against mistake as to the location of surgical site.

The non-profit Joint Commission on Accreditation of Health Care Organizations sets patient safety requirements and guidelines, and inspects more than 15,000 hospitals and surgical centers nationwide. Since 2004, doctors have been required by the joint commission to mark the spot where the surgical incision will occur during a consultation with their patient before surgery. The commission encourages patients to insist on such a mark.

According to the USA Today article Stayin' Alive, a new study of Medicare patients by HealthGrades, a health care ratings company, found that 1.24 million patient safety incidents occurred in nearly 40 million hospitalizations from 2002 to 2004. Those incidents were associated with 250,000 potentially preventable deaths and $9.3 billion of excess costs. For the second straight year, incidents increased slightly.

Only 23 states have mandatory error-reporting systems, many hospitals where a "wrong site" surgery is performed or similar error occurs simply do not report the incident to any entity. And for those states where reporting is required, standards of measurement aren't consistent. A nationwide rigorous reporting scheme is needed where the public has access to the reports.

Until regulatory safeguards are in place, you can visit the HealthGrades website to gain helpful information about your hospital or doctor - for most patients, the information will provide peace of mind, but for some it may provide a red flag to seek treatment elsewhere.

April 26, 2006

No Player Without Waiver

Every parent and “weekend warrior” knows that you can no longer participate in any organized recreational activity without first being asked to sign a waiver or release.  Many folks assume that these waivers prevent them from pursuing a claim under any circumstances.

baseballbat.jpg However, this past week, a ruling by the Colorado Court of Appeals demonstrated that a waiver will not always protect officials, in this instance an umpire at a little league baseball game, from the consequences of their own wanton disregard for the safety of participants.

During a junior baseball league game, a 10-year-old was hit by a flying baseball bat as he stood in the on-deck circle waiting to bat. The bat shattered five of his permanent teeth and cut his upper lip.  The bat had been thrown an umpire, who was clearing it from the field so a player running from third to home wouldn't trip over it.

Waiver Cannot Shield Gross Negligence  

The league said neither it nor the umpire had any liability because the father of the injured boy had signed a waiver releasing the league from any claims of negligence or injury to his son.  The district court judge agreed and dismissed the lawsuit before it went to trial.  But the Colorado Court of Appeals reversed the trial judge on Thursday and said the case should proceed to trial, noting that Colorado law specifically says that such waivers don't exempt those who act in grossly negligent or willful or wanton ways.

The lessons to be learned from the little league case are:

  • Read the language of the waiver carefully and strike out any language you believe to be overreaching or unfair, particularly if it releases the organizing parties from “acts of gross negligence” or “willful and wanton disregard.”
  • If an injury occurs, consider whether it resulted from the negligence of another that would be viewed as unreasonably dangerous – such as throwing a baseball bat into the deck area where ten-year-old players were standing.

April 19, 2006

Urban Legal Myths and Old Wives Tales

I guess every profession has its share of "old wives tales" and "urban myths," but the practice of personal injury law seems to be a huge magnet for nonsense. Maybe this is because there is so much nonsense in our judicial system.

What to look for here 

smwitches.gifThis blog is in part a way to respond to the stories of incredible lawsuits and huge jury verdicts as they appear on the nation’s media waves. It will also provide information for you, the consumer - the average citizen who may suffer some harm because of the bad acts of another, and who would like to know if there is any recourse. And occasionally it will be a call to action, to protect your rights from the overreaching control of billion dollar businesses over our federal and state legislatures. But we are not a set-mouth, clenched-fist type of group - we welcome a good story, or even a good joke - and we’ll share it with our readers.

Colorado Law Blog is written by Colorado lawyers 

This blog will be fed by several attorneys - we each have extensive litigation and trial experience, almost exclusively in the area of personal injury law. And we care about the people we help and the rights which they exercise when seeking justice. Each person we help has a unique story, some of which we will share with you.

Let Us Know What Concerns You 

For those of you skeptical of the value of the plaintiffs’ personal injury lawyer viewpoint - give us a couple of weeks worth of reading, then let us know what you think.

Of note:

For those of you who are fans of the Stella Awards - take a brief moment to glance at the advertisements throughout the website...yep, paid advertisements by personal injury lawyers. Seems the Stella folks are happy to bully and bad-mouth personal injury plaintiffs, but don’t mind sharing in the profits from the work. But, hey, they are "completely independent."