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Distracted Driving Deaths Are Underreported

An analysis of car crash data by the National Safety Council shows that traffic fatalities where drivers were on the phone are seriously underreported. According to the NSC, a nonprofit advocacy organization, the underreporting makes distracted driving seem like less of a problem than it really is, making it more difficult to pass laws that could increase traffic safety.

The safety council’s study, financed in part by Nationwide Mutual Insurance Company, analyzed data from 180 fatal crashes in the period from 2009 to 2011, where strong evidence existed that the driver was using a cell phone. The group found that in 2011, only half of the crashes were listed as involving cell phone use in the National Highway Traffic Safety Administration’s database of accidents involving the use of cell phones. This was still an improvement from previous years. In 2010 only 35 percent of the accidents were coded as involving cell phone use; in 2009, 8 percent.

Even in cases where drivers told law enforcement officers that they were using a cell phone at the time of the crash, the crashes were recorded as such in the database only half the time. In other cases, the evidence of cell phone use did not emerge until later. In one case, a teen driver’s last words to her friend during a cell phone call were that she was going to crash. The driver hit a snow bank and was propelled into a lane of oncoming traffic. She died shortly afterwards at a hospital. Police at the scene attributed the crash to an inexperienced driver, not to cell phone use, as the phone ended up in the back of the car and was not found until later.

The database maintained by the safety administration lists 32,000 traffic fatalities in 2011, but only 385 of those are listed as involving cell phone use. The safety council believes the number is much greater. According to the group, there are many factors that contribute to the underreporting, including inconsistency in the way data are collected at crash scenes and the fact that drivers may be reluctant to admit cell phone use.

Researchers rely on the safety administration’s database, but it is dependent on state data collected from police reports. According to the safety council, many people assume that because it is a federal database, the data are standardized, but in fact the data may have been gathered according to varying local standards.

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Cerebral Palsy Among Most Common Birth Injuries

Cerebral palsy, which can be caused by complications during the labor and delivery process as well as by medical malpractice, is one of the most common birth injuries in the United States.

Cerebral palsy includes several disorders of the brain and nervous system that can include symptoms such as problems with walking, muscle coordination, speech development and motor skills. It can also lead to cognitive disabilities, hearing and vision problems, and seizures.

In a 2006 study by the Centers for Disease Control (CDC) of children with cerebral palsy, it was found that 33 percent were unable to walk or had difficulty walking. Children with cerebral palsy are more likely to suffer from other disabilities such as intellectual disabilities, epilepsy or vision impairment.

Cerebral palsy can be caused by medical errors in labor and delivery that result in a lack of oxygen to the infant’s brain, called hypoxia. The condition can also be caused by other birth trauma.

Treatment for cerebral palsy includes many different aspects, such as physical and occupational therapy, medication, surgery and orthotics. Such treatment can last for the patient’s entire life and can be very expensive.

Whenever medical errors result in injury to a child at birth, the parents should consult with a qualified medical malpractice attorney to determine whether they may be able to receive compensation through the legal process.

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Bill to Create Illinois State Workers Compensation Fund Advances

A bill to create a state fund for workers’ compensation insurance in Illinois has passed the House Committee on State Government Administration. House Bill 2919 would create a state insurance fund that would compete with private insurers.

Advocates of the change say that the fund would provide private insurers with competition, which would bring workers’ compensation premiums down for employers. The bill is supported by Democrats in the state legislature, who say the goal is fair and affordable insurance rates for businesses. Private insurers are strongly opposed to the bill, saying that a state fund will not bring prices down and would violate free market principles. Currently more than 300 private insurance companies compete for workers’ compensation business in Illinois.

Workers’ compensation insurance premiums have already dropped 9.2 percent since reforms that began in September of 2011, but advocates of the state fund say that is not fast enough. Representatives of the insurance industry say that rates have not dropped as much as expected partly because of the increasing cost of health care.

Approximately half of U.S. states have a state fund for workers’ comp insurance, with most of these allowing the state fund to compete with private insurers. Four states have a state fund as the exclusive insurer for workers’ compensation. Researchers have found that the occasional higher losses of state funds are offset by better efforts to prevent work injuries and lower overhead expenses.

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Guilty Plea in Boating Death May Affect Wrongful Death Lawsuit

A man accused of striking and killing a 10-year-old boy with a power boat has pleaded guilty to aggravated driving under the influence.

David Hatyina submitted the plea as part of a negotiated plea deal before Judge Clinton Hull of the Kane County Circuit Court. As part of the guilty plea, Hatyina admitted he had alcohol and drugs in his system when he struck and killed Anthony Borcia on Petite Lake on July 28, 2012. The plea is likely to affect the wrongful death lawsuit filed by the Borcia family against Hatyina and a passenger in his boat.

Hatyina remains free on $1 million bond and is due back in court for a pre-sentencing hearing on May 16, with sentencing scheduled for June. Judge Hull was appointed to preside over the case because the Borcia family has ties to a Lake County judge. Hull told Hatyina that he could be sentenced to a maximum of 14 years in prison, or could receive probation if the judge determines there are “outstanding circumstances” in the case.

Hatyina was first charged with reckless homicide and other charges that were dropped as part of the plea agreement. According to prosecutors, Hatyina ran over the boy with his boat, traveling at approximately 40 miles per hour, and was later found by police to have a blood alcohol content of .09 to .12 percent, and cocaine in his system.

The wrongful death lawsuit seeks damages in excess of $50,000 for the boy’s mother and for each member of his immediate family that witnessed the boy’s death.

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Doctors Often Fail to Test Bilirubin Levels

Kernicterus is a serious birth injury that is preventable and is often caused by medical personnel failing to check infants for high levels of bilirubin. Kernicterus is a dysfunction of the brain caused by hyperbilirubinemia, an excess of bilirubin. Bilirubin, a yellow by-product of normal recycling of red blood cells, is excreted in urine or bile. Elevated levels of bilirubin may indicate jaundice or kernicterus.

Kernicterus occurs when bilirubin accumulates in the brain, potentially causing serious neurological damage and even death. Newborn infants are especially vulnerable to this type of brain damage because it is believed that the barrier between the blood and the brain is not fully functional, making it easier for bilirubin to enter the brain. In addition, there is a rapid breakdown of fetal red blood cells immediately before birth, to be replaced by adult red blood cells, which causes the release of a large amount of bilirubin. In addition, newborn infants do not eliminate bilirubin in the normal way.

Because of the high risk of elevated bilirubin levels in newborn infants, resulting in jaundice or kernicterus, testing is essential. According to the Centers for Disease Control (CDC), symptoms of jaundice can be found in at least 60 percent of babies. Unfortunately, medical personnel often fail to properly test for high bilirubin levels, or fail to diagnose and treat jaundice or kernicterus. When this negligence results in harm to the infant, a medical malpractice lawsuit is often necessary to gain compensation for the injury.

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New Workers Compensation Bills Introduced

Illinois State Representative Dwight Kay, Republican of Glen Carbon, has introduced four bills proposing changes in the state’s workers’ compensation system. The bills received testimony in the House Labor & Commerce Committee but have not yet been called to a vote.

The bills, House Bills 1245, 1246, 2229 and 2769, are four of nine bills involving the workers’ compensation system introduced by Kay this session.

HB 2229 is opposed by the Illinois Trial Lawyers’ Association (ITLA), the Associated Fire Fighters of Illinois (AFFI) and other groups. The bill aims to change current workers’ compensation law, which puts emergency medical technicians (EMTs) in the same category as firefighters for purposes of employers purchasing workers’ compensation insurance. Under the new bill, those provisions of the law would only be applicable to EMTs who are also cross-trained as firefighters. Kay said current law places an undue burden on municipalities and counties that pay the increased amount for workers’ compensation insurance for EMTs.

HB 2769, also introduced by Kay, would change workers’ compensation law such that any amount awarded for a partial disability would be subtracted from any amount awarded for a later injury to the same part of the body, and would limit partial disability payments to 500 weeks, which would constitute total disability. Kay said the changes would prevent situations in which partial disability awards amounted to more than what a total disability award would have been.

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Breast Cancer Misdiagnosis is Leading Cause of Malpractice for Radiologists

According to a new study, the most common cause of medical malpractice lawsuits filed against radiologists is the misdiagnosis of breast cancer. That error accounted for the majority of cases in a study that was published in Radiology, a medical journal.

The researchers studied 4,793 medical malpractice lawsuits naming 2,680 radiologists as defendants. Most of the lawsuits claimed that the radiologist did not detect visible lesions in mammograms and therefore failed to recommend further testing for breast cancer. Failure to test for breast cancer early on allows it to spread through the body untreated, making the cancer less responsive to later treatment.

Another common cause of medical malpractice lawsuits against radiologists is a failure of communication with the physician treating the patient. Often the treating physician detects lesions and refers the patient to a radiologist, but does not communicate the fact that he or she has already detected lesions; thus, the radiologist may fail to detect the lesions through mammography scans and may therefore fail to recommend follow-up tests.

The study comes at a time when breast cancer diagnoses are on the rise. The rates of metastatic breast cancer – in which the cancer spreads to other parts of the body – have risen 3.6 percent per year in the last decade for women age 25 to 39, according to the American Medical Association (AMA).

Early diagnosis of breast cancer is particularly important, because by the time lumps in the breast are detectable, the cancer has usually spread to other parts of the body, making it less likely that treatment will be effective, according to the American Cancer Society.

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Illinois Mother Files Lawsuit Alleging C-Section Errors

An Illinois mother has filed a lawsuit against the University of Chicago Medical Center (UCMC) and attending physicians after her son suffered birth injuries allegedly as the result of a Caesarean section. The lawsuit claims that the child’s injuries are the result of medical malpractice.

The mother filed the lawsuit on December 20, 2012 in the Circuit Court of Cook County, acting as her son’s guardian. The plaintiff seeks damages for her son’s injuries.

The child was born by Caesarean section on December 25, 2004. According to the complaint, the C-section surgery resulted in a 1.5 centimeter facial laceration on the child’s left temple, which required several stitches. The lawsuit alleges that the attending physicians failed to exercise the proper level of care in performance of their responsibilities and caused significant harm to the infant.

Medical errors such as those alleged in this lawsuit are preventable. Most hospitals have safety protocols to prevent injury to the infant during a C-section. Medical errors during C-sections can result in conditions that can have lasting and tragic results for the affected child, such as cerebral palsy, brain damage and hypoxic ischemic encephalopathy.. Medical costs can be significant.

Patients who have been injured during treatment, or whose children have been injured by medical malpractice, should seek the advice of an attorney.

Paul Greenberg is a Chicago medical malpractice lawyer and Chicago medical malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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School Bus Company Involved in Fatal Crash Has Been Involved in Several Personal Injury Lawsuits

The company that owns the school bus involved in a recent fatal collision north of Chicago has been involved in a number of personal injury lawsuits. The accident has also focused attention on the dangerous intersection where the collision took place, and on the question of whether seat belts should be required for school buses.

The accident occurred April 5 in Lake County, when a school bus collided with a Jeep Cherokee and a Jeep Wrangler at an intersection near Wadsworth. The driver of the Jeep Wrangler was killed; none of the school children had serious injuries. There is a dispute as to whether the bus ran a red light. According to reports, the bus driver is 55 years of age and has been a licensed bus driver for 10 years, with a clean driving record.

According to a report by CBS 2, Durham School Services, the company that owns the bus involved in the accident, has been named as a defendant in three personal injury lawsuits in the past two years. A settlement was reached in one case and the other two are pending. Durham School Services said that safety is the company’s top priority and the company will cooperate fully with authorities investigating the accident.

Public attention has also been brought to the intersection where the accident occurred: the corner of Kilbourne Road and Route 173 near Wadsworth in suburban Lake County. According to the Illinois Department of Transportation, between 2004 and 2011, 53 accidents took place at the intersection, with a total of 24 people injured and one killed. It is described as a “high-severity crash” intersection. Traffic lights were installed just last year with the goal of improving safety.

Meanwhile, although the school children on board the bus escaped with only minor injuries, the accident has spurred renewed calls for mandatory seat belts on school buses. State Rep. Lou Lang, a Skokie Democrat, has pushed for new school buses to be equipped with shoulder and lap belts for students. Lang has been working for such legislation for 10 years, with little success.

According to the National Highway Traffic Safety Administration (NHTSA), school buses are one of the safest transportation methods for school kids. The chance of a fatal crash for children is 60 times greater if they are driving themselves to school or riding with a friend, and riding with parents is still much more dangerous than riding a school bus. The sheer size of school buses allows the force of a crash to be dispersed, and occupants are protected by closely-spaced, heavily padded seats.

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Medical Malpractice Can Cause Jaundice in Newborns

Medical malpractice can result in many types of birth injuries, with one of the most common being complications from hyperbilirubinemia, otherwise known as jaundice. Jaundice is usually treated easily, but if it is not properly diagnosed and treated, it can lead to other birth injuries, such as brain damage or loss of hearing.

Jaundice is caused by too much bilirubin in the blood. When old blood cells are broken down, bilirubin is a waste product. In a healthy adult, bilirubin is eliminated by the liver and digestive system, but a newborn’s undeveloped liver is not always able to remove all the bilirubin from the blood, resulting in jaundice.

Individuals with jaundice often have a yellow color in the eyes and skin, and newborns should be checked for jaundice in the hospital every 8 to 12 hours after birth. Jaundice is usually treated with a special light that converts the structure of bilirubin in a way that makes it easier for the body to eliminate. A doctor’s failure to properly detect and treat jaundice can result in serious birth injuries and can be considered medical malpractice.

In 2009, the family of a baby girl who suffered from jaundice was awarded a $1.5 million settlement in a medical malpractice case. The baby had high bilirubin levels and received light therapy, but medical personnel did not provide follow-up testing until two days later, at the insistence of the mother. By that time, the bilirubin levels were three times above the acceptable level. The girl has speech problems and permanent hearing loss.

Paul Greenberg is a Chicago birth injury lawyer and Chicago birth injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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The law firm of Briskman Briskman & Greenberg represents injured people throughout Illinois, including Chicago, the Chicagoland area, Joliet, Waukegan, Cicero, Evanston, Arlington Heights, Wheaton, Bolingbrook, and Naperville, as well as other cities within Cook County, Will County, DuPage County, Lake County and McHenry County. Briskman Briskman & Greenberg also represents injured people throughout Wisconsin, including Kenosha, Milwaukee, and Madison.