Colorado Law Blog

According to the National Transportation Safety Board, each year about 5,000 people are killed in accidents involving large trucks. Annually, truck collisions account for more than 25,000 injuries requiring emergency room treatment.

Fatal Crashes

The most recent numbers from the National Highway Traffic Safety Administration (NHTSA) illustrate the severity of the problem. In 2004, 416,000 large trucks (gross vehicle weight rating greater than 10,000 pounds) were involved in traffic crashes in the United States, with 4,862 involved in fatal crashes. A total of 5,190 people died (12% of all the traffic fatalities reported in 2004) and an additional 116,000 were injured in those crashes.

Most fatal crashes involving large trucks occurred in rural areas (66%), during the daytime (67%), and on weekdays (80%). During the week, 74 percent of the crashes occurred during the daytime (6 a.m. to 5:59 p.m.). On weekends, 62 percent occurred at night (6 p.m. to 5:59 a.m.) Thus, a large majority of the fatal and non-fatal crashes involving large trucks occur in good weather, on dry road surfaces, during the day, and on weekdays.

Common Causes of Truck Accidents

The primary causes of these collisions include excessive speed, poor driving, improperly loaded cargo, driver fatigue, equipment defects, truck design defects, and poor signing, maintenance or roadway repair.

The Federal Motor Carrier Safety Administration
analysis shows that for 2002, well over a third (37.8%) of truck accidents involved driver-related factors, most frequently speeding, running off the road or failure to stay in single lane of traffic.

The top problem for any truck driver is the constant race against at time. This pressure encourages two of the most dangerous conditions for those sharing the road with the big rigs – excessive speed and driver fatigue. More than one-fourth (26%) of all drivers of large trucks involved in fatal crashes in 2004 had at least one prior speeding conviction, compared to 19% of the passenger car drivers involved in fatal crashes. The NHTSA blames driver fatigue for 31% of all truck driver fatalities.

The unique features of large rigs also contribute to many accidents. Stopping distance for a truck is dramatically greater than a car - for a speed of 65 mph it takes a car about 162 feet to stop, but a semi-truck needs about 420 feet to stop. For bobtails (trucks without a trailer) and empty trucks, the stopping distance is even greater because the lighter load has less traction. Heavy trucks are designed with brakes, tires, springs and shock absorbers optimized with the weight of a full load.

One of the most deadly type of accident results when trucks lack adequate safeguards on the rear of the truck to prevent vehicles from “underriding.” A car underrides a truck when the truck breaks quickly and the car fails to stop before plowing into, and under, the semi – typically shearing off the top of the car. Underrides kill approximately 1000 persons each year, and all of them are car occupants. Only about 2% of those in a car which underrides a truck survive the accident. These accidents occur because trucks stop or slow suddenly and the driver of the car is unable to avoid rear-ending the truck.

Posted by Linda Chalat at 03:15 PM | Permalink | Comments (0) | TrackBacks (0)

Are most medical malpractice lawsuits frivolous? Are sky-rocketing health care costs the result of medical malpractice insurance premiums? Two articles in the May issues of two prestigious periodicals offer contrasting views.

Number of Medical Malpractice Lawsuts Without Merit

A recent article in the May 11th issue of the New England Journal of Medicine has been touted as demonstrating that “About 40% of the medical malpractice claims filed in the U.S. are groundless…”

However, the Abstract for the article reads:

Claims that lack evidence of error are not uncommon, but most are denied compensation. The vast majority of expenditures go toward litigation over errors and payment of them. The overhead costs of malpractice litigation are exorbitant. (emphasis added)

For the study, researchers from Harvard University reviewed a random sample of 1452 closed malpractice claims, resolved between 1984 and 2004, from five liability insurers to determine whether a medical injury had occurred and, if so, whether it was due to medical error. The objectivity of the sampling has been called into question, because the liability insurers are typically the defending entities in the medical malpractice suits.

The study also examined medical records, depositions and court transcripts to determine whether patients experienced injuries and whether those injuries resulted because of medical errors. The researchers concluded that 3% of the claims were filed by patients who did not experience injuries. Among patients who experienced injuries, about two-thirds resulted because of medical errors, and 73% of claims filed by those patients were settled with payment, the study finds. In addition, among the 37% of claims filed by patients who experienced injuries that did not result because of medical errors, 72% were dismissed or resolved without payment, according to the study.

Malpractice Premiums Not Cause of Rising Medical Costs

An interesting related article appears in the May/June edition of Health Affairs (the preeminent journal for health policy,) "Malpractice Premiums and Physicians' Income: Perceptions of a Crisis Conflict With Empirical Evidence." The abstract for this article provides:

"The conventional wisdom is that malpractice premiums have steadily risen and now constitute a crisis for medical practice. The best available data suggest otherwise. American Medical Association (AMA) surveys of self-employed physicians from 1970 to 2000 indicate that premiums rose until 1986, then declined until 1996, rose thereafter, but were lower in 2000 than in 1986. Other items represented a much greater share of total practice expenses in 1970 yet increased rapidly until 1996 and moderately thereafter, while spending on premiums fell during 1986-2000." [The AMA stopped doing these surveys in 2000, but the authors of this article indicate their reasons why no significant differences will be found 2000 to present.]

The real problem for profitability for doctors is that "From 1996 to 2000, net practice income decreased both for physicians nationally and for practice specialties," primarily a result of managed care. The article concludes, "Calls for protection from liability unite physicians as few other proposals do. Frustrations with contemporary medical practice might focus on malpractice as a source of problems caused by other factors."

Posted by Linda Chalat at 02:32 PM | Permalink | Comments (0) | TrackBacks (0)

With summer approaching, many famiies soon will be loading up kids and bags and heading out on a road trip. But, over 400 4-to-8-year-olds are killed in traffic crashes every year, and roughly 70,000 more are injured. Research has shown that booster seats are extremely effective in reducing injuries in crashes.

Safety Check

Does your child ride in the back seat? The back seat is generally the safest place in a crash. If your vehicle has a passenger air bag, it is essential for children 12 and under to ride in back.

Does your child ride facing the right way? Infants should ride in rear facing restraints (in the back seat) until age 1 and at least 20-22 lbs. Infants who weigh 20 lbs. before 1 year of age should ride in a restraint approved for higher rear facing weights. Always read your child restraint manual for instructions on properly using the restraint. Children over age one and at least 20 pounds may ride facing forward.

Does the safety belt hold the seat tightly in place? Put the belt through the correct slots. If your safety seat can be used facing either way, use the correct belt path for each direction. Check the vehicle owner's manual and safety seat instruction book for guidance.

Is the harness buckled snugly around your child? Keep harness straps snug over the child's shoulders. Place the chest clip at armpit level.

Does your child over 40 pounds have the best protection possible? Keep your child in a safety seat with a full harness as long as possible, at least until 40 pounds. Then use a belt-positioning booster seat which helps the adult lap and shoulder belt fit better. A belt-positioning booster seat is preferred for children between 40-80 pounds. It is used with the adult lap and shoulder belt.

How should a safety belt fit an older child? The child should be tall enough to sit without slouching, with knees bent at the edge of the seat, with feet on the floor. The lap belt must fit low and tight across the upper thighs. The shoulder belt should rest over the shoulder and across the chest. Never put the shoulder belt under the arm or behind the child's back. The adult lap and shoulder belt system alone will not fit most children until they are at least 4'9" tall and weigh about 80 pounds.

Posted by Linda Chalat at 10:30 AM | Permalink | Comments (0) | TrackBacks (0)

Yesterday the Senate once again defeated corporate efforts to limit jury awards in medical malpractice cases, taking the high priority issue, at least for both President Bush and the majority leader, Senator Bill Frist, off the table for this year.

Defeat Once Again for AMA Lobby 

For the seventh time since 2002, and the fourth time in the past three years that Republicans had tried, and failed, to bring medical malpractice legislation to a vote in the Senate. The Senate on Monday rejected legislation that would have capped awards for pain and suffering in medical malpractice cases at $250,000, resulting in demands that the upper chamber abandon the ill-conceived proposal and focus on issues of greater importance to Americans. In fact, proponents of these two special interest bills could not even muster 50 votes in the Senate. The first would have capped jury awards in all lawsuits against doctors and health care institutions; the second would have applied caps only to cases involving obstetricians.

Three Republicans — Senators Lindsey Graham of South Carolina, Michael D. Crapo of Wyoming and Richard C. Shelby of Alabama — joined with Democrats in blocking the measures from consideration. Those who sided with patients had both the facts and the public on their side,’’ said Ken Suggs, President of the Association of Trial Lawyers of America. "The proponents, like Sen. Bill Frist (R-TN) and Sen. Rick Santorum (R-PA), sold out their constituents and patients to pay back friends in the insurance industry who are bankrolling their campaigns. They failed.’’

The legislation would have imposed a one-size-fits-all answer to all medical malpractice claims, limiting non-economic damages to $250,000, regardless of the pain inflicted as the result of medical negligence or the extent of physical damage. Women mistakenly rendered sterile, as well as people who had healthy limbs removed, would be afforded the same amount for pain and suffering as someone with decidedly lesser injuries.  Let's hope we can return our state system to a more equitable treatment of such disparate claims.

Posted by Linda Chalat at 03:37 PM | Permalink | Comments (0) | TrackBacks (0)

According to Safe Kids Worldwide, a coalition that aims to prevent injuries to children, drowning is the second-largest cause of accidental death among youngsters. In 2003 alone, the latest year for which statistics are available, 285 children drowned in U.S. swimming pools. 

Proposed Federal Legislation to Promote Safer Pools 

To help curb drownings, Rep. Debbie Wasserman Schultz, D-Fla., will introduce legislation next week providing incentives to states that require safety features in pools and hot tubs.  Under the bill, states would receive federal grant money if they require multiple drains with covers that prevent entrapment, vacuum systems with automated stop features when blocked, and fences surrounding all pools and spas.  The timing of the legislation being introduced coordinates with Safe Kids Week.

James A. Baker, III, Secretary of State under former President George Bush is publicly supporting the legislation.  His granddaughter, 7-year-old Virginia Graeme Baker, drowned in a backyard hot tub, dragged to the bottom by the powerful suction of the spa's drain.

"Our hearts were really broken," said Baker, stifling back tears. "Her short life provided us with a treasured love that we can never, never replace."  Secretary Baker spoke publicly for the first time about his granddaughter at the National Safe Kids Week kick-off event at the U.S. Capitol Reflecting Pool. “We hope Graeme’s story and the passage of this new legislation will help save lives.”

"I'm here to do what I can to help see that other families are spared the devastation and the pain that can be prevented by a few very simple steps," Baker said.

Entrapment Deaths Not Uncommon

And deaths like Virginia Baker's aren't all that rare. From 1985 to 2004, there were at least 33 documented drownings in the United States attributed to drain entrapment, as well as hundreds of injuries, the group Safe Kids Worldwide reported.

Posted by Linda Chalat at 09:34 AM | Permalink | Comments (0) | TrackBacks (0)

In the face of public opposition and other looming issues, Senate Majority Leader Bill Frist is now planning to bring Medical Malpractice legislation to the floor the week of May 8th, a week later than originally announced.

Delay Will Not Avoid Consumer Rights Opposition

Despite the delay, this will still be a major legislative battle. Pennsylvania Sen. Rick Santorum recently told a group of doctors that he and his colleagues "are going to go to war in Washington, DC" to create a cap on non-economic damages.

The cap Sen. Santorum supports is half the amount his wife sought in damages when she sued her chiropractor in 1999.

Expected Provisions of Senate Bill

Although the bill hasn't been made public yet, sources say the bill will:

• Establish a $250,000 cap on non-economic loss against doctors or hospitals. While disguised as a $750,000 cap, only $250,000 is available against an individual defendant
  
• Eliminate joint and several liability
  
• Establish attorney fee caps
  
• Virtually eliminate punitive damages
  
• Preempt only state legislation more favorable to patients
  

Across the nation, pro-civil justice activists are fighting back against this legislation designed to tilt the playing field in favor of powerful corporate interests – such as the American Medical Association, which has launched a grassroots advertising campaign this week focused on passing medical liability reform in the U.S. Senate. Escalating jury awards and settlements, coupled with the high cost of defending against lawsuits, force highly skilled doctors to limit services or retire early, which seriously impedes patient access to care. U.S. Senate Bill 22 would stop lawsuit abuse and protect families. Tell your Senators to stand up to the powerful special interests and support Senate Bill 22.

Here are the true figures on medical malpractice cases.

Posted by Linda Chalat at 11:19 AM | Permalink | Comments (0) | TrackBacks (0)

An article in Annals of Emergency Medicine, reports that over a nine-year period, an annual average of 74,000 people were injured by lawnmowers. The total persons injured exceeded 80,000 in 2004.  

The loss of one or more toes or fingers was fairly common, accounting for almost a third of lawnmower-related hospitalizations.  For youngsters under 15, lawnmower accidents are the number cause of foot amputation.  Based on age, however, most injuries occurred among older users, who tended to fall while pushing the mowers on slippery surfaces.  But the most frequent injury involved projectiles sent hurtling from under the machines into nearby bodies

The study recommends that no one under 16 be allowed to operate a lawnmower and that children be kept out of the area when mowing is undertaken.

Posted by Linda Chalat at 12:46 PM | Permalink | Comments (0) | TrackBacks (0)