More measures can help protect against vicious dog attacks
An article in the news responds to the the tragic death of a 23-month-old boy mauled by a pit bull last weekend and the debate over whether pit bull breeds should be banned altogether.
Child safety means protecting our children from animal attacks. I really don’t think pit bulls as a breed are the problem. It’s irresponsible owners that need to be put on a leash.
Recent example. I was getting ready for my morning run last week, when I came across a young female pit bull on the street in front of my house. She had a collar, no tags. As sweet as sweet could be. Very unhappy not being with her people.
I turned around and she followed me into my yard. My wife took her in, we gave her some food and water and I went out for my run. When I got home, I asked where the dog was. My wife told me she had crawled into bed with my college-aged son and was fast asleep. (My wife and I live on a small horse ranch, we know good animals and troubled animals from long experience. Don’t recommend you try this at home.)
Anyhow, we took the pit bull to the shelter as that was the best way to reconnect her with her people. But then there is the question, what was that dog doing running loose in the first place? Also, why no tag or chip for identification? All our dogs carry both, plus we’re double gated.
I support spaying and neutering except for legitimate breeding operations and better enforcement of licensing laws. It’s not just any breed that is the problem. It’s people who don’t respect the rights of other people or their own pets.
Filed Under Dog Attacks, Personal InjuryAs USA grays, elder abuse risk and need for shelters grow
They’re weak, physically or mentally disabled or both, and often at the mercy of people they depend on the most: relatives and caretakers.
They’re the nation’s fast-growing elderly population, and many are prime targets for abuse — physical, financial, sexual or emotional.
Concern among the elderly and their advocates is mounting as the number of seniors soars and more of them live longer.
Read the rest of this article in USA Today. 
By learning to recognize signs of abuse and reporting suspected cases, you can make a difference in the lives of elderly and dependent Californians. Get your copy of A Citizens Guide to Preventing and Reporting Elder Abuse
Filed Under News, Personal Injury, elder abuse, wrongful deathThe phenomenon of concussions in professional sport
There is a frightening lack of awareness about the dangers of concussion in sports. The fact that professional sports organizations are hiding their heads in the sand speaks volumes about the need for heightened awareness and better prevention and detection standards.
Over six months, The New York Times examined the life and death of the professional hockey player Derek Boogaard, who rose to fame as one of the sport’s most feared fighters before dying at age 28 on May 13. At the time of his death at age 28 that NHL enforcer Derek Boogaard had evidence of severe CTE (chronic traumatic encephalopathy), a condition often associated with repeated blows to the head.
Read the NY Times series of Article starting here: Derek Boogaard: A Boy Learns to Brawl
Filed Under UncategorizedDoctors have to manage smartphone distractions
A recent article in the American Medical News reports that a survey in Journal of Medical Internet Research wrote “As the use of mobile devices grows among physicians, so does concern about how to minimize interruptions that could endanger patients.”
It is not surprising smartphones are impacting patient safety. The human brain doesn’t multitask the way most people think. In truth, there are numerous studies that indicate we don’t really multitask at all. So, when there is too much information coming at us from too many sources, our brains just can’t stay focused on the job at hand.
A great example is cell phone use in cars. The science tells us that using cell phones while driving is as dangerous as drinking and driving. The reason again has to do with the brain’s inability to process multiple trains of thought effectively.
When I took organization training years ago, one of the things they taught us was to turn off cellphones, emails and texting while working, and only turn them on at set intervals to check in, or if there is a genuine need to be available
Doctors as a group should be thinking about adopting industry wide standards to minimize cell phone distraction. It is an important patient safety issue.
Read the full article here in the American Medical Association online news.
Filed Under UncategorizedJurors Need to Know That They Can Say No
If federal prosecutors in New York get their way, telling the truth to potential jurors could result in a six-month prison sentence.
This article in the New York times talks about about a constitutional doctrine called “jury nullification”. Jury nullification occurs in a trial when a jury reaches a verdict contrary to the judge’s instructions as to the law.
Read this article here: Jurors Need to Know That They Can Say No
Filed Under UncategorizedBlood test shows promise in diagnosing TBI
The wars in Iraq and Afghanistan have resulted in huge numbers of traumatic brain injury cases, largely caused by improvised explosive devices (IED).
Tragic as this is, it has prompted advances in diagnosis of TBI that we would not have seen without the conflicts.
Recently, the Army Times reported that a blood test is being developed to attempt to diagnose TBI more easily in the field. If the technology proves successful, it will give us an important tool in helping to diagnose TBI victims earlier and with more precision.
Early and precise diagnosis can greatly impact how successfully TBI can be treated.
See the detailed article here: Blood test shows promise in diagnosing TBI
Filed Under Personal Injury, Traumatic Brain InjuryBrain damage makes some blind to the left
A car accident caused traumatic brain injury resulting in hemispatial neglect.
“The brain’s parietal lobe’s role in terms of vision is that it sees two frames of visual information. One form allows you to know what things are. The other form of visual processing lets you know where things are”, explains neuroscientist-turned-author Lisa Genova.
Almost all cases of hemispatial neglect affect the left side. That’s thought to be because both hemispheres process visual information for the right side, so if damage is done to the left hemisphere, the right can compensate for that loss — but it doesn’t work the other way around.
Read more about the condition at msnbc.msn.com
Filed Under Auto Accident, Personal Injury, Traumatic Brain InjuryVoire Dire is about fair and just
When we take on a case against a popular defendant, we always ask ourselves, “What will folks in the community think about this?” The reason is, people in our community have the final say on what is right and what is wrong when a case goes to jury trial. It’s the purest democratic form around. Twelve people in the jury box. They apply the facts to the law and tell us what they think is fair and just when they announce their verdict.
Voire dire is old French and means “to speak the truth.” In a jury trial, we talk to prospective jurors about how they see the world. The goal is to identify people who can’t be fair and unbiased in a particular case. Since we are looking for a fair and just result, we try to make sure that the folks who make the decisions don’t have a personal agenda that will color their decision.
In voire dire, the judge and attorneys ask prospective jurors questions and then listen to their thoughtful responses. Here are some examples from a medical negligence case I handled in 2011. How would you answer these if you were sitting in the jury box at the start of a jury trial?
1. If you were a juror in a case like this and you decided someone was injured because a doctor was negligent, what trouble would you have – even a little – holding the doctor responsible?
2. If you were a juror in a case like this and you decided a doctor’s negligence hurt a person, what trouble would you have – even a little – allowing money for the medical costs?
3. Some folks have trouble allowing money for taking care of someone who is hurt if there is family around who might pitch in, while others are okay with fixing the hurt without burdening the family. Which are you closer to?
4. Some folks have trouble allowing money for pain and others are okay with it. Which are you closer to?
5. Rules and standards. Some folks believe that rules and standards need to be followed, others feel that rules can be ignored. Which group are you closer to?
6. Some people believe that they can’t decide whether or not a doctor followed the rules, some believe they can. Which group are you closer to?
7. Some people believe doctors aren’t always right, others believe that doctors are right all the time. Which group are you closer to?
8. Some folks think that it is okay to question what a doctor does, others believe that doctor’s can’t ever be questioned. Which group are you closer to?
9. Some people believe that when a doctor violates a rule and someone is injured, it is okay to hold him responsible. Other people believe that a doctor can’t be responsible for injuring someone no matter what rule he breaks. Which group are you closer to?
10. Some people think that lawsuits against doctors don’t violate any of their religious, philosophical or moral beliefs, others think the opposite. Which group are you closer to?
11. I will tell you right now that [Mom] won’t be here every day, because she is the primary caregiver for her daughter. Some people think it is okay that the mom isn’t here in court every day even though you have to be, others believe she should be here everyday, no excuses. Which group are you closer to?
12. Some people can handle a lot of pain, some folks can’t handle much at all. Which are you closer to?
13. When you first heard about this case, what was your reaction?
14. Some folks feel they’re pretty capable on their own of keeping themselves and their family safe. Others feel they have to depend on others. Which group are you closer to?
Filed Under Civil Procedure, Courtroom TechniqueMerck to Pay $950 Million for Illegal Marketing
The US Department of Justice announced today that Merck, Sharp & Dohme will plead guilty to illegal promotion of Vioxx (rofecoxib) and will pay a $950 million in fines and penalties to the US government and individual states.
As part of the settlement, Merck has also agreed to enter into an expansive corporate integrity agreement with the Office of Inspector General of the Department of Health and Human Services (HHS-OIG), which will strengthen the system of reviews and oversight procedures imposed on the company. Although Vioxx is no longer on the market, this ongoing monitoring of Merck’s conduct is aimed to deter and detect similar conduct in the future.
Click here to read the full Press Release from the Department of Justice.
Filed Under Business Practices, Civil Procedure, Product LiabilityHappy Thanksgiving
We have a lot to be thankful for, let’s take some time to think on that this holiday season!
All our best to you and your family!
