Personal Injury Blog" href="/blog/atom.xml" /> New York Personal Injury Attorneys Blog | New York City Car Accident Attorneys | NYC Accident Injury Law Firm

Keogh Crispi, P.C.

Call for a Free Consultation

866-842-6415 212-818-0600

New York Personal Injury Blog

Why learning from malpractice could help prevent future medical errors

When preventable medical errors occur as a result of healthcare provider negligence, it is critical that the negligent parties are held accountable for them. Accountability as a goal does not seek to brand providers for life. Providers are human and they will certainly make mistakes. However, holding them accountable for harmful medical malpractice is necessary both for the immediately affected patient's benefit and for the benefit of all the patients that will be treated by those providers down the road.

Some patient safety experts are now suggesting that the best possible way to respond to medical malpractice is by pairing accountability with learning opportunities for other healthcare providers. Once a case has been investigated, closed and the negligent provider has been held accountable, these cases can be used to teach other providers about how to avoid the preventable mistakes that led to the malpractice claim in the first place.

Physicians the subject of new, tough patient privacy laws

Each time patients seek treatment at a hospital, doctor's office or other medical facility, they are required to sign documents related to restrictions and rights under the Health Insurance Portability and Accountability Act (HIPAA). This act generally gives patients various rights to privacy over their medical information. When physicians breach this act, their behavior may leave them vulnerable to claims of medical malpractice.

Earlier this year, patients' rights were expanded and physicians' responsibilities heightened under HIPAA. In an effort to hold physicians accountable for violations of patient privacy, the U.S. Department of Health and Human Services (HHS) released a revised and more stringent version of the act.

Feds release patient safety plan aimed at medical records

The federal government is currently mandating that various kinds of healthcare facilities digitize their patients' medical records. The logic behind this shift is informed by the idea that fewer medical mistakes and less medical malpractice will occur generally when medical records are streamlined, easily accessible and easily readable in an electronic format. Unfortunately, the government is not going far enough in holding negligent facilities accountable for harming patients via glitches or mistakes in their electronic medical record databases.

Rather than mandate that healthcare facilities report mistakes in electronic medical record utilization to patient safety organizations, the federal government has simply encouraged facilities and providers to do so.

Youngest motorists at highest risk for drowsy driving

Overworked, overwhelmed and overtired. These adjectives describe far too many working American adults. They also describe a startling number of American teens. As the recovering economy puts pressure on teens to get into a good college and even to help provide a share of their families' income, they can suffer understandable fatigue under the weight of their responsibilities. And of course, teens tend to be tired anyway due to biological changes and a tendency to stay up far too late for their own good.

All these factors contribute to the fact that teens are at higher risk of dying in car accidents inspired by drowsy driving than any other population of drivers. According to a recently released survey conducted by the AAA Foundation for Traffic Safety, a minimum of one in seven drivers between the ages of 16 and 24 has fallen asleep at the wheel within the last year.

After Sandy, considering safety of reconstruction workers

In the aftermath of Superstorm Sandy, much debate is occurring about how to best reconstruct the most affected areas. After all, solid infrastructure is something that most Americans take for granted. However, each road, tunnel, sewage and power system, building and bridge is constructed by human hands. The rebuilding process is not simply a matter of what needs to be built when, but also who will build everything and how will New York and New Jersey keep those construction workers safe.

Even in the best of times, construction accidents occur with alarming frequency. The risk of devastating construction accidents increases when workers are exposed to dangerous and unstable conditions. Given the ruinous state of the hardest hit areas, safety precautions for workers assigned to reconstruction projects at these sites must be given special consideration.

Patients are often discharged before final review of test results

When patients are discharged from hospitalization, they may generally assume that all test results ordered on their behalf have been properly reviewed. However, this may not be an accurate or even a safe assumption. Readers may be surprised to learn that up to half of all medical tests ordered the day of patient discharge are not reviewed by doctors, according to a recently published Australian study.

The study indicates that of all the tests unread at the time patients are discharged, 47 percent are tests ordered the same day as discharge, and 41 percent of unread tests have yet to be reviewed two months post discharge. These tests often provide important information about serious medical conditions that may have been diagnosed or have yet to be diagnosed.

Times Reports Dangerous Noise Levels in New York City Workplaces

A recent article in the New York Times reviewed noise levels in nearly 40 businesses throughout the city, including health clubs, stores, restaurants and nightclubs. According to acoustical experts quoted in the story, one out of every three establishments have dangerous noise levels. This finding illustrates the prevalence of a health safety risk that is often ignored by safety officials.

Among establishments with the worst noise levels : an Upper West Side gym that averaged 100 decibels, a club in Greenwich Village that sustained 99 decibels, and the Abercrombie & Fitch flagship store on Fifth Avenue, where music levels hit 88 decibels. To put these numbers into perspective, a typical reading for the roar of an NYC subway is about 84 decibels.

Commercial Carriers On the Hook for Distracted Driving Liability

Commercial carriers have the power to set the policies for how and when their drivers may use handheld devices while operating their vehicles. Current Federal Motor Carrier Safety Administration (FMCSA) laws ban texting and the use of handheld cellphones while driving, but some carriers require or allow drivers to continue to text or talk on their handheld cellphones during their driving shifts. Carriers may be held liable for infractions that they inspire or allow to occur.

The FMCSA ban against texting while driving, which was issued in 2010, applies to all commercial bus and truck drivers. In addition, late last year the FMCSA proposed a ban against the use of all handheld cellphones while driving for commercial bus and truck drivers. This ban became effective at the beginning of this year and impacts more than four million commercial drivers, as well as their carriers.

60 Percent of Teens Admit to Texting While Driving

Does your teen text while driving? If you answered no, there is a possibility that you may be incorrect. A federal survey related to texting and driving by teens was recently released by the Center for Disease and Control and the results are appalling. More than half of our nation's high school seniors admit to texting or emailing while behind the wheel. A little less than half of high school juniors admit to the same.

Teens widely understand that texting while driving can lead to car accidents, but don't often seem to care enough to stop. And if most teens truly understand that texting and driving is not safe, how many teens polled were not truthful in their answers - 60 percent may admit to texting and driving, but how many more do it but don't admit it because they know it is wrong?

GAO Report: OSHA Takes too Long to Create Safety Regulations

The Government Accountability Office (GAO) is responsible for examining and reporting on the efficiency of government agencies. In a recent report, the GAO looked at the rulemaking process of the Occupational Safety and Health Administration (OSHA).

The GAO reports that "between 1981 and 2010, the time it took OSHA to develop and issue safety and health standards ranged from 15 months to 19 years and averaged more than seven years." Obviously, such a delayed process affects every worker who suffers serious injuries or killed in an accident which could have been prevented by effective safety standards.

OSHA, the report indicated, has numerous challenges when drafting regulations to protect workers. The GAO found that OSHA was subject to "increased procedural requirements, shifting priorities, and a rigorous standard of judicial review."