Chicago Personal Injury Lawyer Blawg

When a company manufactures and distributes a product, that company takes on a certain amount of responsibility for the safety of its customers. This duty stems from a network of laws and organizations established to protect the rights of consumers generally known as "Consumer Protection". A company's responsibility takes on a variety of forms such as ensuring there are no defects in a product's design or manufacturing, ensuring warranties are not violated or breached, and providing fair warning of the risks related to the product. When a company fails to meet these strict requirements and a consumer is injured as a result, the company may be liable in a court of law.

A recent NY Times news article highlights an example of a company whose failure to warn, a Colorado jury has decided, cost a young man his health, and may cost the company millions of dollars. The company in question is Riddell, a sports equipment manufacturer that provides helmets and other protective gear to the NFL and other sports teams throughout the country. During a high school football practice, a young man wearing a Riddell helmet named Rhett Ridolfi sustained a concussion. He was not taken to the hospital immediately following his injury and suffered severe brain damage and paralysis on the left side of his body as a result. Although it was determined that the helmet's design and manufacturing were not defective in any way, the company was found to be at fault for failure to warn its customers of the risk of concussion related to the use of its product. After deliberation, the jury concluded Riddell is responsible for 27 percent, of Ridolfi's damages, which amounts to 3.1 million dollars.

This is not the first case of its kind, nor is it the last. Riddell was exonerated by a Mississippi jury last year in a suit that arose after a young man suffered a stroke after football practice. Similarly, the company has been named in a lawsuit in which thousands of retirees have claimed the NFL failed to adequately warn about the long-term health risks posed by repeated head trauma.

Even products that are intended to keep consumers safe, such as helmets, have inherent associated risks. Whether those risks are obvious or not, under product liability law, a manufacturer has a duty to adequately warn its consumers. A failure to do so may result in tragedy, as it did in Rhett Ridolfi's case, and may be qualified as negligence in a court of law.

If you or a loved one have sustained an injury as a result of a defective product or a manufacturer's failure to warn you of risks associated with the use of its product, it is wise to contact a personal injury attorney for more information about your rights.

The term Never Event is one used in the medical community to describe easily preventable mistakes or actions that occur in a medical setting. Never Events often have serious negative consequences for patients and most are absolutely confounding. Some examples include performing a surgery on the wrong patient or body part, infants discharged to the wrong person, and physical or sexual assault of a patient by their healthcare professional. Oddly enough, the list goes on.

One disturbingly common Never Event described in a recent USA Today article is the occurrence of a foreign body being left inside a patient during surgery. The article suggests that it may happen up to 6,000 times every year (adding a tinge of irony to the lable "Never Event"). It then goes on to tell the stories of several patients who suffered through extreme illness after leaving a surgery with sponges inside of their abdomens. Physicians and their staff use sponges during surgery to soak up blood and fluids. But when they are unknowingly sewn up inside a patient they can cause serious infection and obstructions. Life-changing damage and even death are the consequence for some victims.

One man named Lenny LeClair was brought to the hospital after experiencing extreme weight loss due to constant nausea and vomiting, the article reports. After a CT scan, doctors found several sponges had been left behind during a surgery he had received a year prior. The infection the foreign objects in his intestines caused was so severe it corroded his colon. After numerous surgeries and a full month in a medically induced coma, he began to recover. However his quality of life is changed forever; he has large scars from the surgeries and will spend the rest of his life wearing an external ostomy pouch to collect his waste.

In any medical malpractice case, there must be an act (or lack thereof) which qualifies as negligence- the term used for when a medical professional provides services that fall below the accepted standard of care. Never Events such as the case described above are simply cases where that negligence is of an unmistakable and obvious nature. Although being monetarily compensated could never fully restore Mr. LeClair's life, at the very least some of his financial hardships were eased when he was awarded a six-figure settlement after he sued for medical malpractice. All victims of medical malpractice, (whether a Never Event or something of a more illusive nature) deserve fair representation, compensation, and to have their voices heard.

Continue reading "Never Events Occur More Often Than Never" »

April is Distracted Driving Awareness Month according to the National Safety Council. With one quick look at the organization's website, it's obvious that the main issue at hand is cell phone use- and with good reason. Every year over 30 thousand people die in crashes with countless more suffering life-changing injuries. The NSC estimates that as many as one fourth of all vehicle accidents involve the use of cell phones while driving. With those staggering statistics, we see why the issue merits its own awareness month.

Many people understand the obvious danger of texting and driving; using a handheld device literally takes a driver's eyes off the road in front of him or her. Legislation has been passed in Illinois and many other states restricting the use of handheld devices while driving. These are of course necessary steps to ensure the safety of our roads. However, in the midst of the discussion about handheld devices, it's plausible that the danger of hands-free cell phone use is overlooked by many. Certainly vision is the most important sense while driving. Researchers, though, have found that even when a driver is looking directly at his or her environment while using a hands-free cell phone, they may not register or process up to half of what they see. In these cases, the distracted brain may fail to notice potential hazards or react to dangers in their surroundings, greatly increasing the likelihood of an accident.

The NSC suggests that people stop using cell-phones while driving altogether. Furthermore, if you receive a phone call from someone who you know is driving, they encourage you to ask the person to call you back when they arrive at their destination. As with any issue, awareness and education can greatly reduce risk of harm. For this reason we are including some useful links provided by the NSC to help us all better understand the reasons behind distracted driving fatalities and injuries.

Distracted Driving Awareness Month

Understanding the Distracted Brain

State of the Nation of Cell Phone Distracted Driving report

Continue reading "Distracted Driving Awareness Month" »

It's an age old saying: A dog is a man's (and woman's!) best friend. And if you saw the family portraits of our staff, you would know most of us here at Hamid Law Offices identify with that maxim. Tragically, some dogs are poorly trained, abused or just aggressive. Many people have had their hand gnawed on playfully by a pet. But what is the best course of action if someone else's dog seriously injures you? Dog bites can cause scarring, physical impairment and, in the worst instances, even death. How do you pay for the medical bills that might mount up, the missed work, or the emotional trauma? Who should be held responsible? Today we'd like to share with you a post on how to protect yourself if you are attacked by a dog.

What to do:
In the event that you are attacked, there are a few simple steps that you can take to help protect yourself legally and physically.

1. Get the owner(s)'s contact information. Write down names, an address and phone number. You want to be sure you have way to contact him or her in the future incase of a lawsuit and so you can review the dog's shots and vaccinations.

2. Contact the police. As with any accident, having an official report of the attack can be very valuable.

3. Seek medical attention. If the wound is minor, clean it with soap and water and make an appointment with your physician to make prevent infection and other related illnesses. If the wound is serious, you may need to go to the ER for stitches, a skin graft, or other treatments. You also may need a tetanus or rabies shot, depending on the dog's vaccination records. If possible, it is always a good idea to take photos of your injuries as a visual record of the incident.

4. Contact a personal injury attorney that you trust. Consultations are free and may give you a better handle on your rights regarding the situation.

5. Avoid speaking with insurance agents or signing any documents. Without legal representation, people are sometimes unknowingly talked into making deals that are not to their benefit.

Who Is Responsible?
In Illinois, an owner is liable if their animal injures another person. A statute within the Animal Control Act makes this clear:

510 ILCS 5/16) (from Ch. 8, par. 366) Sec. 16. Animal attacks or injuries. If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.

Click here to view the full version of Illinois's Animal Control Act.

We here at Hamid Law Offices understand the great responsibility that comes along with being a pet owner. Sadly, we've also seen people whose irresponsibility with their animals has caused harm to others. We sincerely hope that you and your family never need to use the above advice, but that in the unfortunate event you are attacked, it may serve as a helpful guide.

It's hard to believe a professional could inflict suffering on someone so vulnerable as an elderly patient in a nursing home. But it happens more often than you might think. According to the National Center on Elder Abuse, in 2003, there were 20,673 complaints of neglect and abuse of nursing home residents. Many other instances are never reported. There are various reasons abuse or neglect may occur. Maybe an employee is under-trained or overworked. Maybe the facility does not have appropriate resources. Maybe there is a financial motive. Perhaps the management turns a blind eye. Whatever the reasons are, the abuse and neglect of the elderly remains a pressing issue of our time.

If someone you love has been placed in the care of a nursing home (even if the facility seems perfectly professional and friendly), it is always wise to keep an eye out for signs of nursing home abuse. It is important to remember that this abuse can manifest in different forms. It may be physical and obvious or it may be less so; neglect, emotional abuse and financial exploitation are often harder to discern.

We here at Hamid Law Offices have put together a list of "red flags" for family members and friends of the elderly--things to look out for that could signal abuse or neglect. We hope you never have to come across these signs but that if they are present, this list will help you notice and address them.


Physical Abuse
Physical abuse can be as overt as assault (i.e hitting, shoving, etc.) rape, forced restraint or confinement, or administering pharmaceutical drugs not prescribed by a doctor. Some signs of physical abuse to be aware of are:

- unusual cuts, burns, bruises or open wounds
- loss of hair
- torn, stained or bloody clothing or bedclothes
- unexplained infections
- broken bones or sprains
- broken possessions such as eyeglasses
- caretaker's refusal to allow you to visit with the patient alone

Emotional Abuse
Emotional abuse may be less obvious than physical abuse and the signs may be less clear. Emotional abuse may take the form of intimidation, humiliation or ridicule, threats, isolation or scapegoating. Some symptoms to look out for include:

- listlessness or unresponsiveness
- emotional or physical withdrawal
- unusual rocking or shaking

Neglect
Neglect is arguably the most common form of elder abuse and occurs when a caretaker fails to fulfill his or her duties, specific to each individual patient. Neglect can lead to tragic and dangerous circumstances for those who depend on others for their survival. Some signs of neglect are:

- weight loss, malnutrition, or dehydration
- bed sores
- poor hygiene (i.e. failure to bathe patient or provide clean clothing)
- unsanitary or dangerous living conditions (unclean bedclothes, insects, dirt, lack of heating, fire hazards, etc.)
- unsuitable clothing or covering relative to weather conditions
- caretaker's failure to administer proper medication

Financial Exploitation
Financial exploitation involves the use of the elder's funds or property without consent or authorization. The culprit may be a caregiver who steals cash or checks or possessions or a scam artist who convinces them to donate to a phony charity or investment. Some signs of financial exploitation of the elderly are:

- significant withdrawals from an elder's bank account
- unexplained charges on credit cards
- unusual subscriptions, goods, or services
- suspicious changes in wills or titles
- missing possessions or cash

Every caregiver has an obligation to meet a certain standard of care. When this standard of care is not met, the caregiver is liable for damages and losses that stem from this lack of responsibility. If you know of an elder who has been or is currently being abused, neglected, or exploited, it is advisable to consult with a lawyer to go over your legal options. Regardless of how frail or vulnerable a person is, no one should have to suffer in silence.

Continue reading "Recognizing Signs of Nursing Home Abuse" »

Nearly 6 million people are involved in auto accidents each year. Nevertheless their commonness doesn't make crashes any less disarming or traumatizing. After being in an accident, most people are shaken up and confused. That's why we here at Hamid Law offices have put together a simple guide to help you remember what to do if you're in a vehicle accident.

1. Stay Calm. Take a deep breath and collect yourself. Having a clear head will help you resolve problems quickly and safely.

2. Make sure everyone (including yourself) is okay. Remember that, even if there is no obvious injury, some ailments such as whiplash and concussion can be harder to discern. Some don't show up until hours or even days after an accident. It is always a good idea to get seek professional medical attention to be safe. If anyone is hurt, call 911 immediately.

3. If possible, move your vehicle off the road. If for some reason this is not possible, make sure everyone gets out of the way of other cars.

4. Notify the police. Having an officer assist you at the scene of the accident is helpful in many ways. They can direct traffic if need be, gather information from all parties, and fill out an accident report that may be useful if there is a lawsuit in the future. Be sure to give the officer your side of the story if possible.

5. Try to avoid admitting fault, even if you think you caused the accident. Don't assume you are liable until you get all the facts and consult with a legal professional. Admitting it was your fault right away could be potentially detrimental to you in a legal proceeding in the future.

6. Exchange information with the other people involved in the accident, including witnesses. In addition to insurance info and policy numbers, write down the other person's name, telephone number, and address. Also get contact info from any bystanders that witnessed the accident. This information will be needed for insurance companies and attorneys.

7. Take pictures, take notes. Having photos of injuries and damage to your vehicle may serve as proof if there is a legal dispute down the line. Notes will help keep the details of the accident clear in the future.

8. Call your insurer. Report the incident to your insurance company as soon as possible. If you wait too long, they may deny your claim and refuse coverage.

9. DON'T talk to the other person's insurer. The other person's insurance company may contact you looking to make a deal with you that might not be in your best interest.

10. Find an attorney you trust. Let a professional deal with the insurance company. Chances are they've dealt with many insurance companies and will know how to secure the best deal. If you have been injured or there is a dispute with an insurer or the other driver, sound legal advice is necessary.

Our team at Hamid Law Offices hopes that you never need to use this advice, but that if you are involved in an accident, it helps you deal with the situation at hand and move on as quickly and smoothly as possible. Drive safe.

Over two years after numerous incidents of unintended acceleration by it's vehicles, Toyota has settled its first wrongful death lawsuit. It is one in hundreds of lawsuits being filed for injuries and deaths caused by a malfunction whose roots are still disputed. The manufacturer blames human error, oversized floor mats and sticky acceleration pedals for the accidents. No defects in the vehicles' source code have been found.

The plaintiffs of the lawsuit were family members of Paul Van Alfen and Charlene Jones Lloyd. The two were killed when they lost control of their Toyota's acceleration and collided with a wall in Utah. The financial details of the settlement were not disclosed to the public. Hundreds of other personal injury and wrongful death lawsuits against the company are still pending.

In December last year Toyota agreed to a settlement of over 1 billion dollars for a class action lawsuit relating to economic loss by vehicle owners as a result of the acceleration problem. According to a New York Times article, it could be the largest settlement of this type in the history of the auto industry. In addition to paying $250 million to car owners who were affected by Toyota's product recalls, the company would also install brake override systems in cars that were at risk of sticky pedals or faulty floor mats. The company also agreed to donate $30 million to automobile safety research.

Depending on the circumstances, product liability laws will hold manufacturers, designers, marketers and distributors responsible for the disastrous results of defective products. A skilled attorney who can analyze the laws pertinent to your unique circumstances is crucial to a product liability case.

Additional Sources:

Toyota Settles First Wrongful Death Lawsuit, USA Today. January 18, 2013

Continue reading "Toyota Settles First of Many Wrongful Death Lawsuits" »

No parent could imagine a more painful event than the death of a child, especially if that death was caused by an inexcusable oversight. This is the tragic truth for at least seven parents in the US whose infants were given a thickening agent called SimpleThick, although the product had never been tested for use on children.

Patients who suffer from Dysphagia, the medical term for difficulty swallowing, use SimplyThick. By thickening liquids prior to ingestion, the risk of choking is greatly reduced. However, products suitable to adults can't be assumed to be safe for infants. Within the last few years, several premature infants have died or fallen seriously ill while using this product, leading the FDA and doctors to suspect a link between the two.

The cause of illness in these cases is a condition called Necrotizing enterocolitis (NEC), a condition that causes tissue death in the intestines. Although exactly how the thickener causes NEC remains for the time unknown, in May 2011, the FDA issued a warning against using the product for infants. Sadly, the use of SimplyThick for premature (and sometimes full-term) babies in healthcare facilities was already widespread at that time. Last year the FDA conducted an investigation of 84 infant deaths that occurred following the use of SimplyThick and found that 22 cases suggested a link between SimplyThick and NEC. Seven of these infants died, the others required major surgery.

The FDA classifies SimplyThick as a food, so it was never tested for safety. The product contains xanthan gum, a common food additive that is generally accepted as being safe for consumption. According to a recent New York Times article, one theory as to how NEC developed in the infants is that xanthan gum is simply too much for the fragile digestive tracts of newborns, especially if they are born prematurely. Another possibility is that some batches of SimplyThick were contaminated by bacteria. An inspection of one plant in Georgia that produces SimplyThick revealed violation of safety standards.

As the information about these tragedies comes into focus, parents of children who were affected by this product have come forward seeking justice. Lawsuits against the manufacturer of SimplyThick have been filed, alleging that the company failed to properly test the product or warn of its side effects before marketing it to infants.

If you have been the victim of SimplyThick or any other dangerous product, be sure to speak to an attorney who can advocate for your rights.

Continue reading "Thickening Agent Linked with Infant Deaths" »

With new communication and entertainment technologies developing at an incredible rate, multi-tasking is becoming second nature for many. Families watch television and eat dinner, commuters read their kindles on the train, and let's face it. We all text when we shouldn't.

Most of us have heard about the dangers of texting and driving. Distracted driving is a serious issue that puts motorists and pedestrians in danger. This year, a new law went into effect in Illinois prohibiting drivers from texting or emailing.

But there is another side to the issue that must also be examined and scrutinized: distracted pedestrians. Texting or listening to music while walking can be extremely dangerous, especially near busy streets, bridges, construction sites, or bodies of water. A quick Google search (but not while you drive or walk!) will come up with stories of people who had accidents or were put in danger while walking and texting. According to a ABC57 News story, last year a woman who couldn't swim fell into Lake Michigan while walking on a pier and texting. Luckily another young woman heard the splash and jumped in to her aid.

In a recent study conducted by researchers at the University of Washington, over 1100 pedestrians were observed at intersections in Seattle. Nearly a third of them were found to be using electronic devices while navigating. Furthermore, according to a USA Today article, the texters were almost four times more likely to disregard traffic rules, and took longer to cross the street than pedestrians who were focused on their surroundings. Similarly, though pedestrians listening to headphones were found to walk faster than those texting, they were even less likely to look for cars. Our sense of hearing and our focus protect us and, unsurprisingly, without them we are more likely to be involved in accidents.

2012 was the most deadly year since 2008 for pedestrians in Chicago according to an article in the Chicago Sun Times. And Chicago isn't the only place experiencing these disturbing increases. According to the latest available numbers from the National Highway Traffic Safety, traffic fatalities have increased nationally as well.

Whether walking, biking, or driving, it is important to stay focused on the road and elsewhere. Distraction can cause serious injury to yourself or others.

Continue reading "Fatal Distraction: Pedestrians with Electronic Devices" »

Hip replacement surgery is the second most common joint replacement surgery. The procedure, developed in the 1960s, is now performed on over 285,000 patients each year in the United States alone. Many patients who seek the surgery suffer from arthritis or a hip injury that causes long-term effects and pain. Unfortunately, testing and research about the safety of the implants is not always sufficient. As a result, many frustrated patients have had to seek additional surgery (known as revision surgery) to replace defective models. This process can be extremely expensive and painful. Thousands of defective medical device lawsuits have been filed against manufacturers of defective and poorly tested hip implants.

Metal-on-metal hip implants have been especially unsuccessful. With this type of design, the metal components of the implant have repeated contact. This contact can release tiny fragments of potentially toxic metal into the patient's bloodstream. Just a few years ago, due to aggressive marketing campaigns by the companies that created them, a third of all hip implants were metal-on-metal. Other safer designs that lasted longer (such as those that use both plastic and metal) took the backseat. However, now that the risk of the new design is becoming clear, many surgeons have greatly reduced their use of metal-on-metal implants.

So why, you might ask yourself, did these risky devices make it onto the market in the first place? Don't manufacturers have a legal and moral obligation to perform clinical trials before distributing their products? Unfortunately, for the last few decades, the companies selling hip implants were only required to show that their products closely resembled those that were already on the market. Metal-on-metal hip implants were already on the market when legislation was passed that required high-risk devices to undergo clinical studies before being approved by the FDA. Thus, for decades, clinical studies were not mandatory.

Luckily, all that is beginning to change. Today, the Food and Drug Administration is proposing regulations pertaining to these implants. According to the proposal, companies would have to prove through trial and research that their products are safe before selling them. Similarly, products already on the market would have to be tested. To read the proposal, click here.

Additional Sources:

F.D.A. Seeks to Tighten Regulation of All-Metal Hip Implants, New York Times. January 16, 2013

Continue reading "FDA Proposes New Regulations for Hip Implants" »

In Illinois, along with tidings of the New Year, came tidings of 150 new state laws. 2013 brought with it a diverse array of laws that will affect citizens throughout the state, from inline skaters to parents to licensed plumbers. This week, Hamid Law Offices would like to share some laws that pertain specifically to transportation and driving in Illinois.

Disabled Drivers

Amendment to House Bill 5624: The Secretary of State must produce separate parking decals for people with disabilities who are unable to feed a parking meter due to their disabilities. Under this law, if a disabled person is physically unable to feed the parking meter, they will be exempt from parking fees.

House Bill 4866: Gas stations are required to provide a fuel dispenser with a direct phone number for disabled drivers to request assistance in refueling their vehicle. Failing to do so may result in a fine of 250 dollars.

House Bill 5056 states that it is illegal to use the disabled license or parking decal that belonged to a disabled person who is now deceased.

Transportation Safety

Senate Bill 3336 allows that pedestrians wearing inline skates may travel on certain roadways under certain conditions and specifically does not prohibit them from using bike lanes.

House Bill 5101 states that drivers of commercial vehicles are prohibited from texting and using hand-held cell phones while driving. Under this law texting includes instant messaging, emailing, and surfing the web on a hand-held mobile device.

Senate Bill 3409 states that, in the event of an accident, it is lawful for a driver of a motor vehicle to move his or her vehicle to a safe nearby location if no one was injured (provided the vehicle still functions).

Illinois License Plates

Senate Bill 1566 increases fees for motor vehicle license plates from 98 dollars to 100 dollars. The revenue from the 2 dollar increase will go to the Department of Natural Resources.

House Bill 4982 allows that the Secretary of State may issue special motor vehicle license plates to drivers in the family of a police officer or firefighter who died in the line of duty.

If you would like to learn more about the new Illinois laws of 2013, you can find a full list of them here. Our team at Hamid Law Offices wishes you and your family have a safe and happy 2013.

From malnutrition to medication errors to physical assault, nursing home abuse can take many forms. One dangerous symptom of nursing home neglect is pressure ulcers. More commonly known as bedsores, these dangerous wounds develop on the skin, usually over a bony prominence such as the patient's elbow, hip or shoulder. The severity of a bedsore is assessed using a system of stages, with stage one being the least severe and stage five being the most dangerous. Patients who are bedridden or have difficulty moving on their own are at risk, as the sores are caused by unrelieved pressure on the skin, which inhibits blood flow to the soft tissue. According to the CDC, in 2004, 11% of nursing home patients developed bedsores.

Forms of neglect that may add to the risk of bedsores include: failure to reposition immobile and incontinent patients, lack of proper bathing, malnutrition, and dehydration. With adequate care (simply regularly repositioning the patient will redistribute pressure and allow proper blood flow), these painful and sometimes even fatal wounds can be easily prevented. When a healthcare facility or caretaker does not take these basic precautions, the results can be tragic.

In 2011 a man from Staten Island, NY was awarded a 5.4 million dollar verdict in a medical malpractice lawsuit involving bedsores. Due to lack of treatment for a pressure ulcer on his spine, Robert Messina developed an acute bone infection in his right hip. The result was life-altering; Messina is now confined to a wheelchair, unable to walk. He lost his former job and the ability to engage in pastimes and activities he once enjoyed.

Last month a lawsuit was filed against a nursing home in Santa Fe, NM by a man whose mother died as a result of bedsores. The elderly Ms. Tanuz could not walk on her own, and therefore it was advised by hospital nurses that she be repositioned every two hours to avoid pressure ulcers. Sadly, when she was transferred to Casa Real Nursing Home, she did not receive this treatment. According to nursing home employees, they were understaffed and ill equipped to provide appropriate care. Due to neglect, Ms Tanuz eventually developed bedsores on her back and buttocks which became infected and ultimately led to her death.

With these heartbreaking stories we are reminded that when we entrust caretakers with our and our family's health, they agree to meet certain standards of care. When these standards are not met, the facility or person may be legally responsible. Although money cannot bring back a loved one or restore one's health, the person or family who suffered as a result of abuse should be justly compensated for their loss. They are often eligible to recover for emotional and physical damages.

Continue reading "Nursing Home Neglect and the Dangers of Bedsores" »

Bicycling is a mode of transportation with many benefits. People choose to ride for a variety of reasons including health and exercise, recreation, to reduce their personal carbon footprint, and to commute to and from work. In the past ten years, it has become increasingly popular. In Chicago in 2009, 1.2 percent of commuters biked to their jobs- more than twice the amount a decade before. With more and more people cashing in on the advantages of bike riding, legislation regarding bike safety and lawsuits involving bicycle accidents have come info focus.

According to the CDC, bicycle accidents account for 500,000 Emergency room visits each year in the US. Over 700 annually are fatal. To help alleviate the high numbers of bike crashes, many cities have invested in bicycle safety such as bike lanes. The number of Chicago bike accidents rose by 38% between 2001 and 2011. In hopes of protecting the growing number of cyclists, Chicago Mayor Rahm Emanuel plans to invest $28 million in new bike lanes for the city by 2015. A hundred miles of road will be equipped with safer biking conditions.

Each city has its own municipal code containing ordinances and regulations regarding cyclists. A common and dangerous type of bicycling accident termed "dooring" occurs when someone in a parked vehicle opens the door on the side facing traffic (sometimes into a bike lane). Often the person forgets to first look behind them to make sure there is no one on the road, causing the cyclist to collide with the door. Pertaining to these situations, an ordinance exists in Chicago which states that "no person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers." Other ordinances designed to protect bicyclists and motorists are listed on the Chicago Department of Transportation website.

Bicycling accidents can be life-altering or even fatal. In traffic, cyclists can be very vulnerable because there is little to protect them. Wearing a helmet is always advisable, but even when doing so a collision with an automobile can be extremely dangerous. If the driver of an automobile acts negligently causing injury to a cyclist, the cyclist is entitled to recover for his or her damages.

Additional Sources:

Two-wheel trouble: Bike crashes in city up 38% over the past decade, Chicago Sun Times, September 3, 2012

Continue reading "Chicago Bike Safety" »

Imagine: your car drives you to work, parks itself, and then at 5 o'clock, picks you up and drives you home while you read that book you'd been dying to get to. This isn't a plot from a sci-fi story. This is the latest development by Google.

As of this year, the cars outfitted with Google's new driverless technology have driven over 300,000 miles, 50,000 of which were without any human intervention. Google predicts that the use of their driverless technology will help reduce automobile accidents and traffic caused by human error. So far it seems they could be right. Sensors and cameras inside the car can detect other cars and obstructions around the vehicle, while it follows speed limits stored in its map system. In testing so far, two accidents have occurred, but neither were related to flaws in the technology. One occurred while the Google car was being manually controlled by a driver, and another when the car was rear-ended. Proponents of the Google driverless cars say that in addition to making roads safer and more efficient, the development could allow people who are otherwise unable to drive a chance to be more independent. Underage, elderly, blind and even intoxicated people would not have to rely on others for transportation.

Though technological advancements such as Google's driverless cars certainly may bring enormous benefits, a new set of challenging ethical and legal issues arise in their wake. As of September of this year, three US states, Nevada, California, and Florida, have passed legislation legalizing driverless cars. However the laws specify that there must be a passenger in the driver's seat who is able to manually operate the vehicle at all times- a stipulation that nullifies the car's potential to aid people who cannot otherwise drive. Moreover, though thus far the cars seem safe, it is not difficult to imagine that, if their use becomes widespread in the future, accidents or malfunctions will eventually occur. So, if an accident happens when the car was being automatically operated, who is responsible? Would the passenger of the vehicle file a products liability suit against the manufacturer? If so, the manufacturer would likely claim that it was the passenger's duty to take control of the vehicle when danger was imminent. Furthermore, if a third party was injured in the accident, the identity of the wrongdoer may become even more unclear. The legal system is currently ill equipped to answer such novel circumstances. Eventually laws that take these questions into consideration will have to be implemented.

Times are changing. As technology rapidly advances, our legal framework must evolve to keep up. Google co-founder Sergey Brin has stated that he hopes Google driverless cars will be on the roads within five years. It will be fascinating to see how traffic and liability laws will develop to address these new challenges.

Additional Sources:

Self-driving cars now legal in California, CNN October 30th, 2012

No one wants to go to the hospital. It can be expensive, time-consuming, and chances are, if we're there, it's for an unpleasant or painful affliction. Unbeknownst to many though, is an unnerving hidden danger: nosocomial infections. Nosocomial infections, commonly known as HAIs (hospital-acquired infections or healthcare-associated infections), are fungal and bacterial infections that develop and spread within hospitals or other healthcare facilities. Patients who arrive hoping to be cured may acquire serious and sometimes fatal diseases. Unfortunately, this tragic scenario is more common than one might think.

According to the CDC, 1 out of out every 20 U.S. hospital patients will contract an HAI each year. In 2002, 17.5 million HAIs occurred which were associated with over 98,000 fatalities. Various factors contribute to the high risk of HAIs. First, many people at hospitals are already in poor health, which often means their immune system is impaired. Conditions such as old age, premature birth, or immunodeficiency caused by medication or disease, increase patients' susceptibility to infection. Treatments such as certain drugs or antimicrobial therapy, can weaken the body's natural defenses. Moreover, invasive devices commonly used in medical procedures such as catheters and surgical drains can carry infection directly into the body.

Common HAIs include urinary tract infections, pneumonia, and infections of the bloodstream. Furthermore, some HAIs are antibiotic resistant, making them extremely difficult to eradicate. One example is a bacterium called MRSA (Methicillin-resistant Staphylococcus aureus), which causes several different infections in patients. MRSA usually originates in the nostrils and eventually causes painful soft-tissue boils and sores. About three fourths of MRSA strains can be treated effectively, but the others are extremely dangerous and can affect vital organs causing sepsis, toxic shock syndrome, and necrotizing pneumonia. Invasive MRSA is associated with approximately 19,000 deaths per year, 86% of which are acquired in healthcare facilities. Luckily there is some heartening news: the CDC reports that MRSA infections are declining. According to a study published in 2010, MRSA infection rates lessened by 28% between 2005 and 2008.

As we learn more about HAIs, measures of precaution and prevention are implemented, reducing risk of contraction. Hand washing, the use of gloves and aprons, and sanitization are all important factors in reducing HAIs. Interestingly, copper alloys have inherent antimicrobial properties that could greatly reduce the risk of HAIs, including MRSA. The use of copper surfaces in intensive care units has been found to reduce the risk of HAIs by a staggering 40%.

Although HAIs can occur even when there has been no negligence and no one is at fault, misdiagnosis and malpractice can come into play. In 2011, a 17.5 million dollar verdict was the result of a MRSA related lawsuit. A man from Texas was mistreated when his doctor administered eight different antibiotics to treat MRSA, all of which the strain was resistant to. As a result of this mistreatment the man developed gangrene in his limbs, all four of which had to be amputated. Other types of HAI related lawsuits can arise when infections could have been prevented by hospital staff whose job it is to maintain safe and hygienic conditions, provided there is sufficient evidence that these precautions were not taken.

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