Blog

Large Verdict in Bicyclist Death

$40,000,000 awarded in Arizona where a 16 year old was killed by a drunken motor vehicle operator.

Texting Foes Use MADD As A Model

Missouri may get an extension to it's partial texting ban this year.

87% of All Drivers Say They've Had A Close Call While Driving and Dialing

Tips to avoid collisions while talking on your cell phone other than just turning it off.

Cell Phones Contribute To About A Quarter of All Car Wrecks

Group has been formed ala MADD to combat cell phone usage.

Internet Distractions On Dash Board

These screens on the dashboard will soon rival cell phones as hazards while driving.

Pedestrian Injured by Cell Phone Vehicle Operator

Lady struck by cell phone user in St. Louis.

Missouri Legislature Will Consider Banning Texting and Driving in 2010

It is about the the Missouri legislature is taking a cue from St. Louis Accident Accident Attorney Alvin Wolff. I have been suggesting this for several years and maybe somebody in Jefferson City will listen in the next session.

Day 3 Texas Nurse Trial

More recap on Nurse on trial in Texas for reporting dangerous doctor to state medical board.

Who In The Medical Community Is Watching Out For Patient Safety?

When a nurse gets prosecuted for reporting a dangerous doctor, all of us are in trouble when we go to the hospital.

East Texas Nurse Faces Trial for Misuse of Official Information

This case shows how there is little oversight in the Medical Community. It is shocking and I find it hard to believe.Anne Mitchell is a 53 year old nurse who lives and worked in west Texas. She is the wife of an oil field mechanic and mother of a teenage son, but it’s the simple act of writing a letter of complaint to the Texas Medical Board that has made her name known to the world. The act of writing that letter now has Mrs. Mitchell scheduled to stand trial in state court today for “misuse of official information,” a third-degree felony in Texas. Nurses and doctors are encouraged to report unethical and dubious behavior about doctors to their state medical boards in an effort to keep patients safe. Key to this function is protection from retaliation for the reporting person (whistle blower). After going through the chain of command at Winkler County Memorial Hospital, Mrs Mitchell and Vickilyn Galle wrote a letter to the Texas Medical Board mentioning six cases “of concern” that were identified by file numbers but not by patient names, as well as their concern of Dr. Rolando Arafiles misusing his professional influence to sell patients an herbal supplement. The complaint was made anomalously. The whistle blower protection laws should have protected the women, but Dr. Arafiles used his local friend Winkler County Sheriff Robert L. Roberts to uncover their names. On July 15, 2009, the nurses were charged by the county attorney's office with "misuse of official information." Charges against Vickilyn Galle were dismissed at the prosecutor’s discretion last week. The Texas Nurses Association has responded by creating a legal defense fund for the Winkler County nurses (accessible on its Web site.) The Texas Medical Board has sent a letter to the attorneys stating that it is improper to criminally prosecute people for raising complaints with the board; that the complaints were confidential and not subject to subpoena; that the board is exempt from federal HIPAA law; and that, on the contrary, the board depends on reporting from health care professionals to carry out its duty of protecting the public from improper practitioners. Sources New York Times Texas Nurses Association

Do Malpractice Suits Affect Obstetric Practice and The Alvin Wolff Plan for Tort Reform.

Here Is Another Story That Debunks The Tort Reformers Plan To Restrict Victim's Access To The Courts.

Retained Items After Surgery Can Cause A Lot of Problems

We have handled several cases of retained sponges and surgical instruments left in the body. This article talks about a retained drill bit left in a woman's sinus cavity.

Reader Question

Missouri Supreme Court heard arguments last Thursday regarding the constitutionality of $350,000 caps for non economic damages in Medical Malpractice cases when there are no caps in other types of cases. Do you think this current law is fair or unfair? Please respond.

Link To Missouri Supreme Court Kltoz Case-Constituitonality of Med Mal Caps

Important case for everyeone dealing with malpractice caps in Misaouri

Why Sorry In Health Care Is So Hard To Say

It's amazing how health care providers don't acknowledge responsiblity even when they have assumed the loss.

We Need Caps On Malpractice Cases For This?

Nursing home slapped with criminal penalties. Another reason why caps don't work. This has been going on for over 5 years...neglect, mistreatment, coverups.

Illinois Anticipates Supreme Court Ruling On Medical Malpractice Limits

Case in Illinois Supreme Court which challenges malpractice caps awaits ruling.

New York Times Medical Malpractice Articles

Get into the debate and learn about medical malpractice. If you think you have a case. Call a St. Louis Accident Lawyer for a free consultation. 314-241-2500.

Hospital Gets Publicity When Parilyzed Woman Sits At Home Awaiting Trial

My client comes to this local hospital with a transichemic attack which is a mini stroke. The emergency room doctor admits her and orders a lot of tests. The tests are not done. Two doctors see her a day later and decide that she didn't have a tia. She goes home and has a massive stroke. What do you think the hospital's responsiblity should be?

Caps Being Argued In Missouri Supreme Court On January 14, 2010

Will Missouri Caps in medical malpractice cases be stricken?

Innocuous Falls Can Conceal A Real Danger

Falls on ice are never fun. However if you hit your head, it is important to make sure that you attend to any changes in your physical condition. A slam to the head can cause a bleed that can be life threatening. If you fall on somebody's property, it is not automatic that you are owed something for your injury. The landowner must have breached a duty that was owed you. For example, if somebody clears ice and snow on their property, they must do it in a non negligent manner and not make the condition more dangerous than it was before.

Pedestrian Hit By Driver Under The Influence

When you are crossing the street, you can never be too careful since anybody on the road is a potential drunken driver who is not paying attention.

Good Article Out of Vail For What To Do In A Ski Colliision

Tips for what to do in a ski collision. Very similar advice to earlier blogs about getting information and how to proceed if you've been hurt in a ski accident.

Helmet's Save Lives

Article discusses comparison with seatbelts to ski helmets.

Woman Suffocates In Tree Well at bottom of bowls in Steamboat

Arapahoe ski instructor dies after falling in tree well in Steamboat. Tragic accident was preventable by friends paying more attention.