- Bob Carroll | November 29, 2006 7:09 AM |
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Defective & Dangerous ProductsShirl Kennedy, at Docuticker, has excerpted a paragraph about Big Tobacco that hits the nail on the head.Tobacco manufacturers' defence against plaintiffs' claims of cancer causation: throwing mud at the wall and hoping some of it will stick Source: Tobacco Control"Despite the vast body of literature showing that cigarette smoking causes cancer, and despite tobacco companies' recent admissions...
- Bob Carroll | November 29, 2006 6:08 AM |
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Defective & Dangerous ProductsThere are times when the system works. Fabuloso's better bottle - thanks to youIn March 2006, after being alerted by a Consumer Reports reader, we reported on all-purpose cleaners whose packaging may entice children to drink them. The vivid-colored, sweet and fruity-smelling bottled cleaners also lacked child-resistant caps, which federal law does not require, since their labels described the...
- Bob Carroll | November 27, 2006 10:16 AM |
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Workplace InjuriesFor too many years I have confronted judges and juries who appear to believe that a worker should simply have refused to perform a particular work assignment because he or she could plainly see it was unsafe. Confined Space posts an article that expresses my frustration with the so-called voluntary assumption of the risk by employees."Do what you're told, or take the chance of being fired." If...
- Bob Carroll | November 23, 2006 4:00 AM |
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MiscellaneousIf you haven't already spent your entire Christmas present budget on a Play Station or similar video device here is what a health-conscious parent should consider for a child.Buy Children Holiday Gifts That Encourage Physical ActivityAs the holiday season draws near, the hunt is on for parents to find the perfect Christmas present for their child. While a multitude of toys and games are...
- Bob Carroll | November 22, 2006 4:00 AM |
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Medical MalpracticeIf you thought identity theft could only lead to financial problems, time to think again.Fast-Growing Medical Identity Theft Has Lethal ConsequencesFrom a Boston psychiatrist who submitted false bills to insurance companies, marring the medical records of several patients, to a Florida woman who found an imposter had led a hospital to record a false blood type causing a potentially fatal error,...
- Bob Carroll | November 20, 2006 6:11 AM |
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Defective & Dangerous ProductsSilicone gel breast implants are back in the news. Should they ever be placed in your body?Most defective medical device ever OK'd by FDA?Dr. Sidney Wolfe, Director of Public Citizen's Health Research Group, criticizes the FDA's approval of silicone gel breast implants, calling them "the most defective medical device ever approved by the FDA."Wolfe, in a statement on the Public Citizen website,...
- Bob Carroll | November 19, 2006 7:21 AM |
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Wrongful DeathYou be the judge.Did this nurse cross the line between a breach of the standard of care and criminal misconduct? Former St. Mary's nurse charged in death of patient Nursing and hospital officials were outraged Thursday after the state filed a felony charge against the nurse whose medication error caused the death of a teenager at St. Mary's Hospital in July.It's the first time a health- care...
- Bob Carroll | November 19, 2006 4:03 AM |
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Defective & Dangerous ProductsI wonder if medpundit will be taking any evening walks in the park this week. In an article reporting on a lawsuit by Taser International, Inc., some opinions expressed by medpundit could bring on a late night zapping to demonstrate the safety of a Taser.Taser Fights BackTaser, the makers of stun-guns, is suing our local medical examiner because she listed Tasers as a cause of death on two...
- Bob Carroll | November 18, 2006 7:02 AM |
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Medical MalpracticeThe next time the nursing staff decides to change bed linens during your hospital stay start your stopwatch.Hospital Care, Ferrari StyleWhat do a Ferrari race-car team and your local hospital have in common? More than you might think. Great Ormond Street Hospital for Children in London hired a Formula One Ferrari racing team to improve hospital care. The Wall Street Journal explains:In one of...
- Bob Carroll | November 18, 2006 5:25 AM |
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Medical MalpracticeThis news may brighten your day.Tooth Whiteners Do Not Cause CancerCommon tooth whitening products, which have been used by millions of people, are found to be safe and do not increase the risk of oral cancer when used as directed. This exhaustive review of the literature, including numerous unpublished clinical studies involving over 4,000 human subjects, appeared in an article by Dr. Ian...
- Bob Carroll | November 18, 2006 5:01 AM |
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MiscellaneousA mismanaged retirement nest egg has resulted in a large award against A.G. Edwards.NASD Arbitrators Award $1.2 Million to Venice, Florida CoupleA Venice, Florida couple who were defrauded by an A.G. Edwards broker were awarded $1.2 million plus their attorneys' fees by a three-member panel of arbitrators in Tampa appointed by the National Association of Securities Dealers. (NASD Dispute...
- Bob Carroll | November 17, 2006 6:05 AM |
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Medical MalpracticeI have had glaucoma for years. In the early years my eye pressures were managed by the use of eye drops. Then, very suddenly, I lost much of the vision in my left eye. It happened in only a day or so. And, it has proven to be irreversible. After that experience and the significant vision loss I have had far more aggressive management of my glaucoma, including multiple surgeries. ...
- Bob Carroll | November 17, 2006 5:43 AM |
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MiscellaneousYou are not going to believe this. Your teenager's thinking process may be more rational than yours. I said you would not believe this. Risks And The Pitfalls Of Rationality In AdolescentsIs it a good idea to swim with sharks? Is it smart to drink a bottle of Drano? What about setting your hair on fire -- is that a good thing to do? People of all ages are able to give the correct answer (it's...
- Bob Carroll | November 17, 2006 5:28 AM |
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MiscellaneousA family outing on a Florida lake turned tragic. Mechanical problem might have led to boating tragedyInvestigators found two mechanical "issues" Tuesday that may have helped doom a family fishing outing, while a heartbroken Eric Singleton returned to Lake Yale near Eustis to guide divers searching the murky waters for his son and daughter.One of the problems was a bad cable that affected a...
- Bob Carroll | November 17, 2006 5:08 AM |
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Property Owner's Liability (Slip & Fall)Over 25% of the passengers sailing from Rome to Ft. Lauderdale, Florida, on the trans-Atlantic Carnival line appear to have been infected by norovirus. This is not how anyone would want to end their Roman holiday. More than 700 fall sick on cruise shipFORT LAUDERDALE, Fla. - More than 700 passengers and crew members aboard a trans-Atlantic cruise have fallen ill with flu-like symptoms, cruise...
- Bob Carroll | November 16, 2006 8:40 AM |
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MiscellaneousI know we don't do much snow skiing in Florida, but this Pennsylvania case caught my attention. It shows that even where there is a signed waiver of liability for future events there are some avenues that could defeat the waiver and allow a claim for negligence or other wrongful acts. It is the job of the victim's attorney, whether in Pennsylvania or Clearwater or Tampa, to search for a...
- Bob Carroll | November 15, 2006 7:17 AM |
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Automobile AccidentsBuckling up is something we do with little thought. Except for those of us who have survived serious automobile crashes because we were wearing our seatbelts.Seatbelts Save Lives In Car AccidentA car hit a guardrail and launched over it - plummeting 30 feet into a shallow stream. This car accident occurred on Providence Road in Northbridge Thursday. Luckily the driver and two passengers...
- Bob Carroll | November 15, 2006 6:52 AM |
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Defective & Dangerous ProductsIt appears many Floridians will fail to seek compensation for smoking-related diseases and conditions despite the creation of an individual legal right by the Florida Supreme Court. I can make this statement because the statute of limitations for smokers (and the relatives of deceased smokers) is approaching and many significantly injured or deceased smoker claims will likely not seek a timely...
- Bob Carroll | November 12, 2006 6:26 AM |
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MiscellaneousWas it the loaded gun or the shoot first threat that got this Florida judge in hot water?Judge gets mentoring after bringing loaded gun to courtroomPANAMA CITY, Fla. (AP) -- A first-year Bay County judge was ordered to accept mentoring after bringing a loaded gun into his courtroom and announcing he was "locked and loaded." County Judge Michael Hauversburk told The News Herald that he brought...
- Bob Carroll | November 12, 2006 6:06 AM |
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Medical MalpracticeMild brain injury is a matter evaluated and treated at many emergency rooms. Apparently, most of the patients are being discharged with inadequate information sheets. Hospital discharge instructions for mild brain injury faultyIn a study published in a recent issue of Brain Injury, researchers at the University at Buffalo found that discharge sheets from 14 of 15 hospitals that were reviewed...
- Bob Carroll | November 10, 2006 11:24 AM |
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Medical MalpracticeA study on diagnostic Googling by physicians, reported in the British Medical Journal, is summarized at Docuticker.com. Googling for a diagnosis--use of Google as a diagnostic aid: internet based study Objective: To determine how often searching with Google (the most popular search engine on the world wide web) leads doctors to the correct diagnosis.Cases: 26 cases from the New England Journal...
- Bob Carroll | November 10, 2006 8:37 AM |
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Automobile AccidentsTrying to get home for Christmas a truck driver falsified his daily log. When his driving caused a serious accident in which a man lost his leg, a jury awarded $10 Million in punitive damages. Jury awards $15M to truck-wreck victim Tucson, Arizona - A Bowie man who lost his leg after being hit by an 18-wheeler on Christmas Eve four years ago was awarded $15 million Wednesday by a federal jury....
- Bob Carroll | November 10, 2006 7:00 AM |
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Automobile AccidentsOver half of all U.S. homes (55 percent) have at least one fireplace, and they're ranked as the third most desirable feature that people look for when buying a new home, says the National Association of Home Builders (outdoor porches and upscale kitchens rank first and second).But as you get ready to crank up your fireplace this winter season, it's important to know that fireplaces can be...
- Bob Carroll | November 10, 2006 6:45 AM |
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Automobile AccidentsAll of the facts are not in, but we have learned of a new hazard associated with backpacks and walking to school. Hopefully, this youngster will recover from his injuries. And, hopefully, the rest of us (parents, children and drivers) will be alerted to this dangerous scenario.Orlando boy's backpack strap get caught by moving truck Orlando, Florida - Highway officials say a moving truck...
- Bob Carroll | November 10, 2006 6:14 AM |
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Head & Brain InjuriesWhen the head hits the windshield brain injury may occur almost simultaneously with the impact. That is the sobering news in a report just released.Research shows brain injury may occur within one millisecond after head hits car windshieldResearch by a Sandia National Laboratories engineer and a University of New Mexico Health Sciences Center neurologist shows that brain injury may occur within...
- Bob Carroll | November 10, 2006 6:11 AM |
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Defective & Dangerous ProductsMy fellow InjuryBoard.com blogger, Ed Smith in Sacramento, California, has posted on the risks of rollover accidents. Having experienced a rollover in my own SUV, a Ford Explorer, you might say I have an inside perspective on these frightening and life-threatening events. Ed's FAQ is just as helpful for us in Florida as it is for the folks in California. Take a short trip to his post to get...
- Bob Carroll | November 10, 2006 5:55 AM |
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Automobile AccidentsPaintball is spreading as an activity across Florida. Wherever there is an empty field there is a chance that paintballers are staging a war game. Following certain safety rules can avoid injuries to bystanders and players. Maybe the rules should be called the Rules of Engagement.Paintball Safety RulesGun safety *Never fire, or even point, your gun at anything you do not intend to shoot your...
- Bob Carroll | November 08, 2006 7:20 AM |
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Motorcycle AccidentsA motorcycle rider has posted some sobering facts about injuries and deaths on the highways. His suggestion of a motorcycle safety class is a good one. But, I would enlarge that to include safety classes for all motorists. In the latter classes, by the way, motorists should be reminded that, in fact, bicycles and motorcycles are legally sharing the road - they are not trespassers who can be...
- Bob Carroll | November 08, 2006 7:03 AM |
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Automobile AccidentsThe Insurance Insider posts on safer driving around commercial trucks. Safety tip: Respect commercial trucksPassenger vehicle operators - not truck drivers - cause approximately 70 percent of all fatal crashes involving a car and commercial truck, according to federal government statistics.Most accidents are the result of an unsafe driving act, such as following a truck too closely or...
- Bob Carroll | November 07, 2006 5:52 PM |
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Medical MalpracticeIf you are addicted to medical journal articles and need a new source, you may want to try JournalJunkie.com.You will find immediate access to audio files (Podcasts) from some of the most authoritative medical journals in the world - Annals of Internal Medicine, Circulation, JAMA and NEJM, among others. Some of the articles are too technical for my taste, but you certainly can impress your...
- Bob Carroll | November 07, 2006 5:33 PM |
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Automobile AccidentsThe home is definitely where the heart is. But, it may also be where the danger of serious injury or death is - especially for children.Unexpected dangers in the homeKids and Cars: Back-over incidents now account for nearly 30% of all non-traffic fatalities involving childrenLawn Mower Backovers: It's not just cars that present a backover problem. In the U.S., there are an estimated 9,400...
- Bob Carroll | November 06, 2006 2:23 PM |
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FDA & Prescription DrugsMedicare Part D is an idea whose time had come. So, our government decided to do it badly. Would someone tell me why the U.S. Government should not negotiate prices on drugs?Managed Care Matters predicts where non-negotiation is going to take us. Drugs, profits and politicsBy any accounting, Part D has been a boon to the pharmaceutical industry. Revenues and profits at Pfizer, Lilly, and other...
- Bob Carroll | November 06, 2006 5:17 AM |
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Medical MalpracticeI have never been to a medical spa. I don't have a clue what goes on at one. But, judging by the ads in my part of Florida, they must be sprouting like Starbucks coffee shops. Medical Spas Online raises the issue of physician oversight of the spas. The full article provides some examples of services requiring medical direction and supervision.Physician Oversight & Scope Of Practice: What's...
- Bob Carroll | November 05, 2006 8:39 AM |
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Medical MalpracticeThe Department of Obstetrics and Gynecology, the University of Michigan Medical School, Ann Arbor, Michigan, would seem an unlikely place to produce an author who says medical errors and unsafe systems of care has had a profound effect on the practice of obstetrics and gynecology. But, there it is, an article summarized at the National Library of Medicine.Patient safety in obstetrics and...
- Bob Carroll | November 05, 2006 5:21 AM |
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Medical MalpracticeThe Hartford Courant carries the story of the vaginal birth that should have been a Caesarean section. The result of the medical malpractice of the obstetrician is a lifetime of shoulder and arm impairment for the child. Shoulder dystocia is the medical term used to describe a mismatch between the mother's pelvis and the size of the fetus. When it occurs and significant injury to the baby is...
- Bob Carroll | November 04, 2006 9:54 AM |
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Defective & Dangerous ProductsEvidence continues to mount that exposure to secondhand smoke is likely to cause injury. A new study reported in a prominent medical journal also shows that ending the exposure has positive health benefits almost immediately.Smoking ban is associated with rapid improvement in the health of bar workersBar workers in Scotland showed significant improvements in respiratory symptoms and lung...
- Bob Carroll | November 04, 2006 7:42 AM |
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FDA & Prescription DrugsPharmaGossip reports on new training programs for medical students and doctors to counter the marketing campaigns of the drug manufacturers. What we have here is akin to the Navy learning how to handle the Army. The training is apparently necessary because Big Pharma has an army of reps (often gorgeous females) who infiltrate the medical community creating unwarranted demand for the newest and...
- Bob Carroll | November 04, 2006 7:04 AM |
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Medical MalpracticeJust about every day an injured client asks me or one of my partners about the choice of medical provider. Fellow InjuryBoard.com blogger, John M. Cooper, Norfolk, VA, has had the same experience and has posted a helpful article on the topic.Family Doctor, Chiropractor or Orthopedist - Who Do You Choose?Our clients often ask us who should I go see after an automobile wreck with a personal...
- Bob Carroll | November 04, 2006 6:09 AM |
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MiscellaneousThere are six constitutional amendments on the ballot in Florida on Tuesday. An excellent summary and discussion of each of the amendments can be found at Abstract Appeal.2006 Proposed Constitutional Amendments
- Bob Carroll | November 03, 2006 6:12 AM |
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Medical MalpracticeAccording to an article posted by the Miami Herald we may now have more online information than we can properly use to measure the quality of hospital care in Florida.Daunting data: Hospital flaws go publicOnline comparisons of hospital quality are lifting the cloak of secrecy -- but few consumers use them, finding them confusing.Patients with severe strokes who go to Broward General are more...
- Bob Carroll | November 03, 2006 5:50 AM |
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Medical MalpracticeGooznews.com asks a question all of us should answer.How Good Is Your Primary Care Physician?Everytime I hear or read that the U.S. health care system is the best in the world, I wonder why we wind up so low on so many basic indicators like longevity and infant mortality. A study out today that focuses on primary care -- that first interface with the health care system -- helps explain why.A...
- Bob Carroll | November 03, 2006 5:12 AM |
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Workplace InjuriesAs the number of high rise buildings throughout Tampa Bay increase each year we may see more construction workers falling to their deaths. New York City, where every new building is likely to be a high rise, may be the national leader in these tragic accidents.Construction Worker Falling Deaths RiseA construction contractor in Union Square yesterday became the latest casualty of the city's...
- Bob Carroll | November 03, 2006 4:40 AM |
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Defective & Dangerous ProductsWe have all experienced a practical joke that has gone too far. Joke pacifiers which can cause the death of a baby can now be added to that category.Flashing Pacifiers Recalled The U.S. Consumer Product Safety Commission and several toy distributions are recalling about 237,000 flashing pacifiers. The pacifiers failed to meet federal safety standards.The nipple can separate from the shield...
- Bob Carroll | November 02, 2006 3:56 PM |
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Medical MalpracticeContrary to conventional wisdom, an expert is not always needed in a medical negligence case since there are some deeds that even lay persons know are below the standard of care, and "]i]ndeed, a layperson would have no difficulty in recognizing Dr. Sharpe's purported deviation from the standard of care in advising and undertaking to remove a gallbladder that he had previously removed." I would...
- Bob Carroll | November 02, 2006 10:24 AM |
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MiscellaneousWhen experienced trial lawyers sit around and swap war stories there is often much to be learned. Nowadays, some of the war stories are being swapped on the web via blogs (or, more properly, blawgs). Robert Bogg, at his Washington Trial Law blawg happened to see a post on MyTrialBlog.com about the benefit of developing and emphasizing a single theory throughout a trial. He was reminded of a...
- Bob Carroll | November 02, 2006 6:09 AM |
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Defective & Dangerous ProductsAn old friend, Shirl Kennedy, is the editor of Docuticker.com. She is also the reference librarian at MacDill Air Force Base in Tampa, FL. I do not know how she gets the time to do all that she does, but I am thankful that she continues to do it all. One of her latest posts alerts us to the unexpected impact of certain anti-smoking ads. Or, could it be the ads are having exactly the impact...
- Bob Carroll | November 02, 2006 5:40 AM |
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FDA & Prescription DrugsTaking the drug, Fosamax, to treat osteoporosis may lead to osteonecrosis of the jaw. The relationship between Fosamax and this serious side effect is the topic of an excellent post at Drug Injury Watch. Florida, with its unique population, may be the home of more than its share of Fosamax users.Connection Between Fosamax And Ostenecrosis Of The Jaw (ONJ) Gains More AttentionIn the past year...