Personal Injury

Published on: March 24, 2020

Cruises after COVID-19. Should passengers be able to get compensated?

There is no debate the events surrounding COVID-19 are unlike any that this country, and the globe for that matter, has experienced. The impacts of this disease on our communities will include a once unthinkable number of illnesses, hospitalizations, and deaths.

Although efforts have been made to trace the source of the disease in local areas in order to notify others that may have come in contact with or been exposed to someone with the disease, many of these efforts that not been entirely successful, hence the widespread contagiousness of the disease.

One source that has been known early on in the COVID-19 outbreak are the cruise ships that had passengers with confirmed cases on board. Recent numbers have indicated that as many as 700 people became infected with COVID-19 on cruise ships. A number of these passengers went on to die from the illness. As news of the outbreaks and quarantined passengers broke, some of the cruise lines, including Princess Cruises, took preemptive measures and cancelled any future cruises.

Published on: March 10, 2020

Fall-Related Deaths on the Rise

by Robert N. Katz, Esq.

In a disturbing trend, federal agencies are recording an increase in the number of people killed in fall accidents across the U.S. According to new data released by the Centers for Disease Control and Prevention, and based on statistics from all states, there has been an alarming spike in fall-related fatalities.

Between 2008 and 2017, according to the data, there was a 17 percent increase in the number of deaths that occurred as a result of slip and fall accidents and other types of falls. The rate grew from 3.86 per 100,000 in 2008 to 4.52 per 100,000 people. In 2008, 12,311 fatalities were linked to fall accidents. That number spiked to 17,408 in 2017.

Almost all demographics recorded an increase in fall-related deaths during this period of time. However, the rise was particularly significant in certain groups such as people in rural areas and senior citizens above the age of 75.

Published on: February 16, 2020

More Tech Advances in Medicine Also Means More Medical Error Risks

by Robert N. Katz, Esq.

The widening use of technology in the health care sector has generally meant safer experiences for patients, but it also comes with a greater likelihood of errors related to these technologies.

Most of us have been to a doctor’s appointment recently where we’ve seen the doctor or nurse typing notes into a computer during the visit. Electronic health records are now standard in American hospitals. However, staff and especially doctors have been vocal about how difficult these systems are to use. Doctors especially find that patient medical histories are sometimes not updated on the system, and this can cause any number of serious errors to occur. Oftentimes, these systems are full of unfixed bugs that fail to inform of potentially dangerous drug alerts or medication warnings.

The Institute of Safe Medication Providers recently released its most prevalent error list for 2019. The results revealed that healthcare providers are now increasingly making mistakes by selecting the first option that pops up on their screens after typing in the first few letters of a medication’s name. This problem is even more severe on smaller screens, like those of a mobile phone or a tablet. Sometimes, the wrong medication is selected, leading to possibly grave consequences.

Published on: February 2, 2020

Pedestrian Accident Risks around College Campuses

by Robert N. Katz, Esq.

Colleges are in essence their own communities and have specific pedestrian safety challenges as a result. Recently, the Georgia Department of Transportation has responded to some ongoing serious pedestrian safety issues at Georgia College.

There is usually no shortage of hectic pedestrian activity on any given college campus. Students are frequently traveling to and from their various classes and labs. They may also have to travel outside of the campus for recreational activities. Many campuses limit, or even not allow, certain students to have cars on campus which leaves students with limited options for transportation. Alternative transportation options can include walking or bicycling, both of which can be hazardous to do on campus. Unfortunately, accidents involving students who are walking or bicycling from their various activities or classes are far from uncommon.

One study conducted at Johns Hopkins University found that a total of 59 accidents were reported to campus authorities, and 12 percent of these were pedestrian accidents. Most of these pedestrian accidents occurred in the evening and late evening hours. Another study using data from the University of Arkansas also found at least 33 pedestrian accidents over the last few years. Surprisingly, as many as 25 percent of those accidents occurred when students were walking within a designated crosswalk.

Published on: January 26, 2020

Nanoparticle Tech Promises to be First Real Treatment for Traumatic Brain Injury

by Robert N. Katz, Esq.

The Centers for Disease Control and Prevention estimates that as many 2.5 million people in the United States suffer a brain injury every year. Brain injuries can be a result of many types of accidents including slip and falls, car accidents and bicycle accidents. Brain injuries are especially common in motorcycle accidents and can occur even if a motorcyclist is wearing a helmet while riding.

A brain injury can forever change a person’s life. Traumatic brain injury can severely disrupt a person’s ability lead a productive and normal life. Depending on the severity of the injury, there may be numerous repercussions on the individual’s ability to perform daily routine functions.

A complete treatment for a brain injury has proven elusive, although there are advancements that can help reduce the severity of the injury, and thereby, the consequences of the injury. Typically, these treatments have to be administered within the first few hours of the brain injury in order to limit the severity of the injury.

Published on: December 20, 2019

Filing Slip and Fall Claims Involving Seniors

by Robert N. Katz, Esq.

As we age, we become more vulnerable to injuries, especially after an accident. Senior citizens have a higher risk of suffering falls due to a variety of reasons. Many of the reasons are caused by deteriorating health conditions, which in turn can result in serious injury after a fall accident.

As you get older, gait and balance may be affected and compromised, making it much more likely that you will lose your balance and suffer a fall. Muscular weakness is another common factor in slip and fall accidents. While bone health is a common focus of senior health, muscular weakness is often ignored. This is in spite of the fact that seniors may have a higher risk of muscular weakness as they age. Muscular strength is critical in helping to maintain proper gait and balance. If you’re suffering from weakened muscle strength, it becomes harder to maintain your balance and avoid a fall.

Worsening vision can also increase a senior’s risk of a trip and fall. Failing vision often contributes to falls. Ideally, a senior should have an eye exam every 6 months. If your loved one falls in this high-risk category, make sure that he takes regular eye exams. Regular physical exams are also very important.

Published on: December 4, 2019

Distracted Walking is Common Cause of Brain Injuries Pedestrian Accidents

by Robert N. Katz, Esq.

We all know distracted driving is dangerous and can cause deadly accidents, but distracted walking can be just as dangerous to both pedestrians and motorists alike.

Distracted walking includes activities such as texting or emailing while walking, using social media apps while walking, listening to music and even playing a game on the phone while walking.

These days with everyone constantly on their cell phones, distracted walking accidents are increasing at an alarming rate. According to the National Safety Council, over 6000 pedestrians were killed in motor vehicle accidents in 2018. Statistics from the National Highway and Transportation Safety Association show that most of these pedestrian deaths occurred in urban areas, such as the metro Atlanta, on the open road, and at night. The actual number of pedestrian injuries are probably even higher as these statistics focus on only the number of medically treated injuries and death. The problem has gotten so bad that some cities and states have either banned using a cell phone while walking or will fine those who violate such laws.

Published on: November 26, 2019

Spinal Cord Injuries in Slip and Fall Accidents: Frail Victims Have Higher Risk of Complications

by Robert N. Katz, Esq.

Spinal cord injuries can be devastating and have life long implications. A traumatic spinal cord injury is difficult to recover from for most all individuals. However, frail victims of spinal cord injuries may have a much higher risk of adverse effects and complications than healthy individuals. These complications can include greater occurrence of hospitalizations and death after the injury.

According to the results of a new study that was published in the Journal of Neurotrauma, frail victims of a spinal injury are at a higher risk of possibly life -threatening complications after the injury. The researchers identified spinal cord injury victims from between 2004 and 2016. The average median age of the patients was 50.3 years. Out of a total of 643 patients that were studied as part of the research, 77 percent were male. Falls were the leading cause of spinal injuries, with more than 60 percent of the patients, having suffered a spinal injury as the result of a slip and fall accident.

The researchers found that in patients below the age of 60 years, a person’s frail condition was a fairly reliable predictor of the number of adverse events, in-hospital mortality as well as length of hospital stay. In patients that were between 61 and 75 years of age, the frailty index also predicted the number of adverse events, length of hospital stay as well as in- hospital mortality. However, in patients above the age of 75, frailty did not predict any outcomes.

Published on: November 19, 2019

NHTSA Data: Overall Crash Fatalities Down; Pedestrian, Bicycle Deaths Up

by Robert N. Katz, Esq.

New data released by the National Highway Traffic Safety Administration reveals both good and bad news for drivers and pedestrians.

The good news is that the agency recorded an overall drop in traffic accident fatalities across the United States in 2018. The bad news is that while there was a drop in the number of people killed in car accidents in the country last year, there was actually an uptick in the number of bicycle and pedestrian fatalities during the same period of time.

According to the National Highway Traffic Safety Administration, there was a 2.4 percent drop in traffic accident deaths in 2018. There were 36,560 traffic crash fatalities in 2018, compared to 37,473 deaths in 2018. The fatality rate dropped from 1.17 in 2017 to 1.13 in 2018. This is also the lowest recorded fatality rate in five years.

Published on: November 8, 2019

Women More Likely to be injured in Accidents; Yet Safety Testing Focuses on Men

by Robert N. Katz, Esq.

It may be surprising to learn that women are as much as 73 percent more likely to suffer serious injuries in a car accident compared to men. Yet, the country’s federal safety regulatory authorities continue to ignore the need for testing standards that focus on the unique physiological differences between male and female bodies.

Hopefully this will change soon as at least one lawmaker is calling on the National Highway Traffic Safety Administration to include crash test dummies that mimic the unique physiological and anatomical differences of females in 2019 in the design of its crash tests.

This is not the first time that attention has been drawn to the fact that women’s safety receives less priority when it comes to crash testing standards and auto safety. As far back as 1981, experts proposed that the National Highway Traffic Safety Administration use crash test dummies representing the average female occupant of a motor vehicle. However, no real steps have been taken to address this safety concern in the close to four decades since that first proposal was submitted. Even when female crash test dummies are used, the dummy is an outdated model that was designed in the 1970s and only represents 5 percent of American women today. In fact, this particular dummy design is also actually used to substitute for dummies representing 12 and 13 -year -old child occupants.