- Bob Carroll | October 31, 2005 1:19 PM |
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MiscellaneousUniformly and incessantly CEO's urge tort reform as a cure for all problems. Even the CEO of Delphi Corp. which has just declared itself bankrupt is spouting the memorized mantra from the deck of his sinking ship. Precisely when his skills as a corporate executive are revealed as less than were required he urges Americans to accept less than what simple justice requires. Nice try, Mr. Failed...
- Bob Carroll | October 30, 2005 4:25 PM |
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Automobile AccidentsSome good advice for your Halloween. The law firm of Kraft & Associates has posted safety tips in a helpful article on this eve of the big day. Before you suit up, read on. Halloween can be a very enjoyable time for kids and adults if "trick-or-treating" is done sensibly.From Texas comes some good advice for your Halloween. The law firm of Kraft & Associates has posted safety tips in a...
- Bob Carroll | October 30, 2005 2:48 PM |
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MiscellaneousThere is a man traveling the nation trying to fight poverty. He is a former civil trial lawyer. His name is John Edwards. Yes, the same John Edwards who ran for Vice President with Senator John Kerry. We learn about his efforts and his legitimate interest in his crusade against poverty in America from The Agenda Gap.Keep it up, John. Keep it up until our leadership hears and responds.There...
- Bob Carroll | October 30, 2005 5:49 AM |
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MiscellaneousA one size fits all cap on pain and suffering damages, such as, $200,000, assures that the least injured are fully compensated and that the most injured are definitely not fully compensated. Balancing the books on the backs of those who suffer the most is grossly unfair. I will try to put it plainly: pain and suffering damages should be based upon the actual pain and suffering that the victim...
- Bob Carroll | October 29, 2005 6:35 AM |
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FDA & Prescription DrugsAuthors of published guidelines for prescribing medications often have financial interests in the companies whose treatments they recommend. In about half of the guidelines, at least one author had received research financing from a company that had a connection to the recommendation. We need an expanded definition of a shill.You would assume that nationally recommended medication guidelines...
- Bob Carroll | October 29, 2005 5:06 AM |
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MiscellaneousThe Orlando Sentinel reports on the newest attraction in the Land of Disney. An emergency care/walk-in clinic in the Wal-Mart Supercenter. Is it for shoppers injured on the premises? Or, for consumers injured by defective products? Or, part of the cheaper health care benefits announced for its employees?The Orlando Sentinel reports on the newest attraction in the Land of Disney. An...
- Bob Carroll | October 29, 2005 4:50 AM |
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Defective & Dangerous ProductsProduct manufacturers increasingly face the phenomenon of 'no-injury' lawsuits: lawsuits commenced by plaintiffs who have suffered neither a personal injury nor property damage as a claimed result of their use of a manufacturer's product. Such plaintiffs sue because they, or their attorneys, believe that some or all of the products may contain an as-of-yet unmanifested safety defect.Yet US...
- Bob Carroll | October 28, 2005 6:24 PM |
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MiscellaneousTwo Cheers for Contingent Fees is the title of a report by the American Enterprise Institute for Public Policy Research. I would have thought the report would have been Two Jeers for Contingent Fees... Tthe AEI sees real benefits to the contingency fee arrangement in lawsuits for both the plaintiffs and the defendants.Two Cheers for Contingent Fees is the title of a report by the American...
- Bob Carroll | October 27, 2005 8:47 AM |
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MiscellaneousLARA is shorthand for Keep The Little Guy Out Of Court. It is a bill about to be passed by the U.S. House of Representatives. Officially, the bill is The Lawsuit Abuse Reduction Act of 2005. The bill actually works on the intimidation theory to prevent access to justice. It is a Thanksgiving turkey for big business.LARA is shorthand for Keep The Little Guy Out Of Court. It is a bill about...
- Bob Carroll | October 27, 2005 6:17 AM |
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Workplace InjuriesTthe 12 companies recognized as America's safest share a passion for safety. They come from different segments of the economy and produce different products and services. But, they strive for safety excellence. This usually means they go well beyond OSHA and EPA regularions and even industry norms. The common thread among the 12 companies recognized as America's safest is a passion for...
- Bob Carroll | October 27, 2005 5:47 AM |
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MiscellaneousJudges are boning up on advanced science and technology in special classrooms. If all goes as planned, scientific testimony will no longer be Greek to them. Whether this is proof of evolution or of intelligent design remains to be seen.Excerpts from the Daily Record story:Anticipating that today’s scientific innovations will be tomorrow’s topics of litigation, two dozen Maryland judges are...
- Bob Carroll | October 27, 2005 5:17 AM |
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Medical MalpracticeThe headlines report: Parents Get $1 Million in False Abuse Case and Judge Apologizes for Officials' Failure to Recognize Girl's Brittle Bone Disorder. But, reading the full article in the Washington Post will break your heart. Bullheadedness by doctors (and prosecutors) can cause good people and their families unbelievable grief.The headlines report the final chapter: Parents Get $1 Million...
- Bob Carroll | October 26, 2005 10:17 PM |
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Medical MalpracticeThe hospital spokesman calls it an "unfortunate and highly unusual occurrence." The patient's attorney says the patient awoke with her face and neck in flames. That is definitely unusual during a lymph-node biopsy. The allegation is that it was an anesthesiologist's negligence during the surgery.The hospital spokesman calls it an "unfortunate and highly unusual occurrence." The patient's...
- Bob Carroll | October 26, 2005 9:28 AM |
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Automobile AccidentsAvis will probably be trying harder this week. When it fails to prevent access to keys and to protect the public from a known risk of theft it may be legally liable for resulting injuries - even if those injuries occur as a result of a high-speed chase by the police. Avis has just heard this bad news from a Florida appeals court. The really bad news is what was going on at the Avis...
- Bob Carroll | October 26, 2005 6:05 AM |
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Defective & Dangerous ProductsA Virginia Judge has pproved a $3.5 Million compromise settlement of a claim of pesticide poisoning of a 3-year old boy. The child was a resident of U.S. Army housing at Fort Lee, Va., when he was exposed (Callos McCallum v. United States of America, No. 3:04cv442, E.D. Va., Richmond Div.). A Virginia Judge has approved a $3.5 Million compromise settlement of a claim of pesticide poisoning of a...
- Bob Carroll | October 26, 2005 5:25 AM |
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FDA & Prescription DrugsFDA Alert Re Cylert, a drug used to treat ADHD. Coming a mere 10 years after Canada and Great Britain pulled the drug from their markets and and 5 months after the manufacturer, Abbott Labs, stopped making and marketing the drug due to declining sales, the question is why did the FDA bother at all.Does anyone need more evidence that the FDA is dysfunctional? Exhibit A: its recent Alert about...
- Bob Carroll | October 25, 2005 9:27 PM |
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Defective & Dangerous ProductsThe wrapping is sometimes as important as the product. After pressure from civil trial lawyers and consumer groups the nation's largest restaurant chain will begin printing nutritional facts on the packaging of its burgers and fries. McDonald's said the labelling would include the fat, salt, calorie and carbohydrate content of its foods. We learn this news from the BBC. Critics have accused...
- Bob Carroll | October 25, 2005 6:58 AM |
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MiscellaneousI was a boy of 6 in 1948 when I first noticed the the "colored" section at the back of the bus, the separate restrooms and water fountains, and the bleachers with only black faces at the ballpark. Rosa Parks, the black seamstress whose refusal to give up her bus seat to a white man sparked a revolution in American race relations 50 years ago, died on Monday.I was a boy of 6 in 1948 when I...
- Bob Carroll | October 25, 2005 6:12 AM |
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MiscellaneousU.S. Representative Mike Pence from Indiana thinks the proposed new shield law would protect me when I honor my promises of confidentiality. Bloggers who actually gather news would be protected under the proposed federal shield law.Thank God. I may never have to go to jail to protect my sources. U.S. Representative Mike Pence from Indiana thinks the proposed new shield law would protect me...
- Bob Carroll | October 25, 2005 5:34 AM |
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Wrongful DeathThe wife of Senator John Kerry (widow of Senator John Heintz) has settled her lawsuit for the wrongful death of her first husband. A total of $15 Million was paid in settlement of all claims for the death of Senator Heintz. Six others were killed in the same midair collision between a plane and a helicopter. The Associated Press reports the wife of Senator John Kerry (widow of Senator John...
- Bob Carroll | October 24, 2005 11:39 AM |
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Medical MalpracticeWhy wiould the defense attorney in a medical malpractice trial spend any time talking about marijuana use by the patient/victim? Maybe because character assasination of claimants has been known to work. Maybe a Florida appellate court has caught on to the ploy.The character of the patient should rarely be a defense in a medical malpractice case because even a bad guy is entitled to good...
- Bob Carroll | October 24, 2005 7:21 AM |
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Head & Brain InjuriesSubdural hematoma is frequently the result of a traumatic head injury. A subdural hematoma is a collection of blood on the surface of the brain. It lies beneath the outer covering (the dura) of the brain and the brain’s surface. Use safety equipment and safety precautions at work and play to minimize the risk of a head injury. A subdural hematoma, frequently the result of a traumatic head...
- Bob Carroll | October 24, 2005 6:42 AM |
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MiscellaneousWhat will her service on the Court mean for those who are injured by the negligent, reckless or intentional acts of others? Where does she stand on Tort Reform? Professor Sebok believes Miers's tort reform work for the Bush Administration should be made public.The nomination of Harriet Miers to be a Justice of the Supreme Court has become a soap opera with a cast of thousands. There are so...
- Bob Carroll | October 21, 2005 5:52 AM |
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MiscellaneousJerry Spence, one of the nation's most colorful and agressive trial lawyers, has been on a lifelong mission. He would be pleased to have someone describe it as "a mind boggling account of how "corporations" were the source of all evil in the US."The Intergalactic Source of Truth seems an odd place to find an article criticizing Jerry Spence, one of the nation's most colorful and agressive...
- Bob Carroll | October 21, 2005 5:08 AM |
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MiscellaneousInsurance companies are given special treatment by our government. They even extend into the litigation process where everyone (corporation and individual alike) is supposedly equal. Marc Mayerson provides a long list of misdeeds by insurance companies and shows how our appellate courts minimize the penalty for the bad conduct. I could list numerous instances in which insurance companies are...
- Bob Carroll | October 21, 2005 4:34 AM |
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FDA & Prescription DrugsTwo drug companies thought their new drug, Pargluva, would be a good treatment for Type 2 diabetes, especially for the overweight. So did the Food and Drug Administration panel only last month. JAMA publishes the results of a study that says it can kill. What is going on? Another dangerous drug about to hit the market?Bristol-Myers Squibb and Merck & Co. thought their new drug, Pargluva,...
- Bob Carroll | October 21, 2005 4:10 AM |
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Nursing Home & Elder AbuseRocky Mountain News tells the story of Manuela Beltran who died in a nursing home from starvation and dehydration after she was given almost nothing to drink or eat for nine days, according to a lawsuit filed last week in Denver. The details of this lawsuit show just how rocky life was for the deceased during 10 days in December.From the Rocky Mountain News comes the story of Manuela Beltran who...
- Bob Carroll | October 20, 2005 5:51 AM |
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MiscellaneousThank you, Blawg.org, for featuring our blog as one of the ten new law blogs on the Web. Blawg, Your Source For Law & Legal Related Weblogs, features avenues to legal bloggers. Blawg, n, a weblog with emphasis on the law or legal related issues and concerns, often maintained by an individual who studies, practices or otherwise works in the legal field. Thank you, Blawg.org, for featuring our...
- Bob Carroll | October 20, 2005 4:17 AM |
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Defective & Dangerous ProductsWhen there were kings and subjects nobody could mess with the king. Sovereign Immunity was the rule of the land. You could sue your neighbor or a business or a manufacturer, but you could never,sue the king. He could do no wrong. Soon our government will bestow upon gun manufacturers immunity from suit for acts of negligence. Once again, the king can do no wrong.Once upon a time when the...
- Bob Carroll | October 17, 2005 11:01 AM |
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Defective & Dangerous ProductsThe adjectives most often used to describe the case include outrageous, ridiculous, insane and stupid. But, the evidence established a gross and deliberate violation of the industry safety standard for the temperature of coffee that caused a painful and permanent injury of a customer, an injury that was entirely predictable by McDonald's.Try to select a jury from almost any group of citizens...
- Bob Carroll | October 17, 2005 7:36 AM |
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Nursing Home & Elder AbuseAfter Katrina we were shocked at the disaster in some nursing homes in New Orleans. Florida nursing home residents may not have faired any better. Last month's mandatory evacuation of the Florida Keys lashed by Hurricane Rita revealed critical flaws in the state's elaborate emergency requirements for nursing homes.In the afternath of Katrina we were shocked at the disaster in some nursing...
- Bob Carroll | October 16, 2005 7:12 AM |
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Automobile AccidentsRural drivers using cell phones while driving are nearly four times more likely to cause automobile accidents than rural drivers not using cell phones, according to a new study from Montana State University. What could the increased accident rate of cell phone users be in Tampa Bay?When cell phone users are causing 4 times the accidents than non-cell phone using rural drivers in Montana, what...
- Bob Carroll | October 16, 2005 6:09 AM |
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Automobile AccidentsOregon is dispensing poetic justice to prod more motorists to purchase required insurance coverage. A 1999 law denies "pain and suffering" damages to motorists who do not have automobile insurance. Florida should take a closer look at the Oregon statute to see if it can improve the uninsured motorist situation on its highways. Way to go, Oregon! Blogger M Valentine posts an article that...
- Bob Carroll | October 15, 2005 6:38 AM |
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MiscellaneousJeffrey Scott Shapiro, a former member of the paparazzi, supports the new California law permitting victims of assaults by paparazzi to seek punitive damages and a court order stripping the photographer of any proceeds from pictures taken during the assault. He provides insight into a sleezy world that demeans us all.Jeffrey Scott Shapiro, a former member of the paparazzi, supports the new...
- Bob Carroll | October 15, 2005 5:47 AM |
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MiscellaneousIf you are going to one day hear what a jury is going to say about your case it may be a good idea for you to learn about group polarization. Juries have been shown to polarize; in experimental settings, juries generate punitive damage awards that are systematically higher than the predeliberation median of jurors. Whether you are a litigant or an attoney, if you are going to hear one day what...
- Bob Carroll | October 15, 2005 5:09 AM |
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Head & Brain InjuriesTaking the big, yellow bus to school has long been touted as the best way to keep our children safe. But is it? When a minor school bus accident results in a head injury the debate over the need for seat belts on school buses is on again. Taking the big, yellow bus to school has long been touted as the best way to keep our children safe. But is it? Read the well-researched article at...
- Bob Carroll | October 14, 2005 2:24 PM |
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Medical MalpracticeRobot-assisted surgery is here. Even if it is an improvement over human surgical techniques, how much information do patients need before their consent to the use of a robot is truly informed consent? Is there something different about a surgeon's decision to perform robot-assisted surgery?They may have a terrible bedside manner but, apparently, they can be terrific in the operating room. ...
- Bob Carroll | October 14, 2005 7:54 AM |
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MiscellaneousThe Impact Rule in Floida needs to be buried. It is a doctrine that makes no sense and is preventing compensation of some very real, albeit, emotional inuries. The Impact Rule: before a plaintiff can recover damages for emotional distress caused by negligence, the distress must flow from physical injuries the plaintiff sustained in an impact. The Impact Rule in Floida, created by the courts,...
- Bob Carroll | October 13, 2005 6:21 AM |
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Defective & Dangerous ProductsAn agriculture company could pay $111,200 for allegedly violating federal and state pesticide laws at two of its farms in Florida - a St. Petersburg Times article today. An investigation is proceeding into the cause of three cases of birth defects in children born to mothers who worked for Ag-Mart and were exposed to the pesticide.An agriculture company could pay $111,200 for allegedly...
- Bob Carroll | October 13, 2005 5:48 AM |
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Defective & Dangerous ProductsBaby Buggy Bumper posts information regarding a voluntary recall of 16-inch BMX Bicycles. The manufacturer - Harley-Davidson. The Easy Rider image must be softening at Harley. Or, it has made a marketing decision to build brand loyalty before puberty. A dangerous and defective product is being pulled from the market before it can cause serious injuries. How can this be? Baby Buggy Bumper...
- Bob Carroll | October 13, 2005 4:14 AM |
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MiscellaneousDan Walters, in a detailed article appearing in the Sacramento Bee, puts the Schwarzenegger administration into proper perspective- it is merely an extention of big business. This is particularly harmful for the victims of medical malpractice and accidents. Florida's governor, Jeb Bush, might be Arnold Schwarzenegger twin brother.They may not look alike, but they certainly act alike. And,...
- Bob Carroll | October 09, 2005 9:44 PM |
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Medical MalpracticeTthe National Pharmacists Association released a report that may explain why so many prescription errors are occurring. The title of the report: Pharmacists routinely pushed beyond what they consider safe for patients. The risk of error rises along with the number of prescriptions filled per hour. This summer the National Pharmacists Association released a report that may explain why so many...
- Bob Carroll | October 09, 2005 4:07 PM |
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Workplace InjuriesThere are fictions that cause injuries to workers. The Business Gazette tells us that managers are unintentionally flouting basic laws designed to keep employees safe and well at work. Why? Because of commonly held misconceptions over their safety responsibilities. Inadequate compensation, however, is not a fiction.From England comes a list of fictions that cause injuries to workers. The...
- Bob Carroll | October 09, 2005 9:55 AM |
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Automobile AccidentsHow does the law define reckless conduct or wanton diregard for the safety of another? A death in Florida provides one answer. It may be a wrongful death caused by a mindless act well beyond a momentary act of carelessness.How does the law define reckless conduct or wanton disregard for the safety of another? Maybe a recent tragic death in Florida provides one answer. The news story was...
- Bob Carroll | October 09, 2005 6:37 AM |
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Medical MalpracticeHealth Care Systems Reducing Prescription Errors. The article is promising. But there is a downside to the use of technology in prescriptions. It inroduces some risk of other errors in the processing of prescriptions. As long as humans are part of the prescribing and prescription-filling process there will be errors that go undetected. The headline sounds positive: Health Care Systems...
- Bob Carroll | October 08, 2005 1:40 PM |
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Medical MalpracticeTwo opposite forces often determine whether a bad result occurs during medical care. These forces (or poles) are the concepts of patient safety and medical errors. As many as 44,000 to 98,000 persons die in US hospitals each year as a result of medical errors.Two opposite forces often determine whether a bad result occurs during medical care. These forces (or poles) are the concepts of...
- Bob Carroll | October 08, 2005 10:35 AM |
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FDA & Prescription DrugsVioxx, has been pulled from the market because it possibly made patients sick, has now sickened a trial judge. The judge has pulled the testimony of the drug manufacturer's first witness from the record because reading the testimony made her sick. Vioxx has been pulled from the market by its manufacturer after studies showed that it was possibly making patients sick. Now, a trial judge has...
- Bob Carroll | October 07, 2005 4:55 AM |
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Workplace InjuriesThe Knights of King Arthur never heard of workers' compensation. But, a Newsday article reports that today's knights are coverd by it and know how to duel in our courts. Many workers in Florida are knights in combat almost daily. I think of police officers, construction workers, bridge builders, football players and others. There are legal obligations to the injured worker. The Knights of...
- Bob Carroll | October 06, 2005 6:36 AM |
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Head & Brain InjuriesDue to my brain injury I have partial memory loss and have been investigating who I was and what I did. Because I often can't remember yesterday this journal serves as my memory. I have decided to share my life with the world and hope to find kindred spirits. Despite being disabled I spend my time helping others in need. Bob Westbrook's Blog is just as straightforward as his explanation for...
- Bob Carroll | October 06, 2005 6:10 AM |
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Medical MalpracticeAmericans are more frightened of dying at the hands of their doctor than they are of a plane crash. MalpracticResources.com makes this shocking statement based upon a recent report of a survey of Americans. These people must have heard that medical errors cause more deaths in the United States every year than car accidents, AIDS, or breast cancer.Americans are more frightened of dying at the...
- Bob Carroll | October 05, 2005 11:17 PM |
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Motorcycle AccidentsA report by the National Highway Traffic Administration entitled Evaluation of the Repeal of the All-Rider Motorcycle Helmet Law in Florida shows what happens when unprotected heads hit the road. The report "reviews the crash reports after the repeal of the mandatory motorcycle helmet law [and] it indicates that motorcycle fatalities have increased 81% when comparing 2001-2003 fatalities...
- Bob Carroll | October 05, 2005 5:48 PM |
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Medical MalpracticePatients who have experienced medication errors take more precautions when dealing with pharmacies. They have lower perceptions of pharmacy safety, according to a study reported in the Journal of the American Pharmacists Association (July, 2005). The majority did not worry about pharmacy safety and generally believed that the drug dispensing process at their pharmacy was safe.Patients who have...
- Bob Carroll | October 05, 2005 10:25 AM |
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Medical MalpracticeTwo prescription drugs, both beginning with the same letter, Coumadin and Cardura, were confused by a pharmacy in Florida. As a result of the prescription error a tragic death occurred. Several breaches of internal pharmacy policies must have been tolerated or encouraged by management. Two prescription drugs, both beginning with the letter "C", Coumadin and Cardura, were confused by a pharmacy...
- Bob Carroll | October 05, 2005 8:34 AM |
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Medical MalpracticeA National Television Advertising Campaign to Highlight the Costs of Frivolous Lawsuits on Our Healthcare System. What are frivolous lawsuits and outrageous jury awards? They do not exist. The only thing that can properly called outrageous would be the unfair and unfounded criticism of a jury verdict. The press release from SickofLawsuits.org trumpets it is launching a National Television...
- Bob Carroll | October 03, 2005 7:07 AM |
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MiscellaneousNew pens may offend children. The talking pens, a spinoff from the popular film Napoleon Dynamite, say, "You guys are retarded." Technology now allows our writing instruments to talk. What should they say? They probably will have the same free speech rights as you and I. Melissa Hart, a Wethersfield mother of three, who has a 3-year-old with Down syndrome, is angry about new pens that may...
- Bob Carroll | October 03, 2005 6:25 AM |
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Automobile AccidentsTime to appreciate the risks taken by others to provide us with the goods and services we require. Start that appreciation with the 10 most dangerous jobs in the country. Workers most likely to be killed at work are not donning bullet-proof vests to capture criminals or saving victims from fire-engulfed buildings. Those of us who sit at desks need to appreciate the risks taken by others to...
- Bob Carroll | October 03, 2005 5:25 AM |
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Defective & Dangerous ProductsNot dishwasher safe-On a remote control for a TV. This product not intended for use as a dental drill-On an electric rotary tool. There are some silly warning labels. But, in the Deadly Serious category would be children's toys that warn of a choking hazard and warnings about the tipover hazard of some children's furniture."Not dishwasher safe." -- On a remote control for a TV. "This product...
- Bob Carroll | October 02, 2005 3:22 PM |
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Automobile AccidentsFlorida prosecutors may file felony charges against mothers who jaywalk with children. Orange County prosecutors are asking local police to arrest mothers seen crossing streets with children outside of a crosswalk. They believe offenders can be charged with felony child neglect.Florida prosecutors are advancing a plan to levy felony charges against mothers who jaywalk with children - the...
- Bob Carroll | October 02, 2005 8:13 AM |
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MiscellaneousKevin Mark Smith of Wichita defends trial lawyers in the Right Wing Agenda. In a balanced article Mark supports the efforts of attorneys seeking to take on insurance companies trying to deny benefits to victims of Hurricane Katrina. Tort reform has gone too far when it hampers rights to seek redress in our Courts.From the heartland of America comes the voice of Kevin Mark Smith of Wichita,...
- Bob Carroll | October 01, 2005 5:07 PM |
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Medical MalpracticeDoctors may soon have an incentive to fess up when they do the wrong thing. Sens. Hillary Rodham Clinton and Barack Obama have introduced a bill to provide liability protections for physicians who disclose medical errors and offer to enter compensation negotiations with injured patients. Medical News Today reports the bill would establish the National Medical Error Disclosure and Compensation...
- Bob Carroll | October 01, 2005 7:13 AM |
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MiscellaneousA Court may seal a file or a portion of a file to prevent it from being viewed by the public. What if it protects the reputation of an expert witness who had been found by the Court to have destroyed evidence? The Sacramento Bee reports on a public interest law firm seeking to unseal a judge's finding that an automaker's defense expert destroyed evidence. A Court has the power to seal a file...