PA Law Blogs » Harrisburg, PA

Memorial Day Holiday Weekend Accident Statistics: How Seat Belts Help Save Lives

Michael Monheit — Wed, 25 May 2011 21:09:15 +0000

Considered the most successful safety belt enforcement campaign ever, the National Highway Transportation Safety Administration’s (NHTSA) “Click It or Ticket” began nationwide on May 23 and will last until June 5. According to the NHTSA, the campaign is responsible for contributing to the highest national safety belt usage rate of 85 percent. So how does this tie into the Memorial Day holiday weekend? The National Safety Council (NSC) has released data that estimates 320 people may survive the Memorial Day holiday weekend due to wearing seat belts, and an additional 103 lives could be spared if all people wore safety belts.

Memorial Day seems to make most people feel like summer has arrived, and while this can be a cause for excitement, there is no reason why a motorist or other vehicle occupants shouldn’t wear their seat belts. The NSC estimates that 406 fatalities and an additional 39,400 injuries will result from motor vehicle accidents over the Memorial Day holiday weekend, which officially starts at 6 p.m. on Friday, May 27, and ends at 11:59 p.m. on Monday, May 30.

Over the course of the last six years, the Memorial Day holiday weekend has averaged 12.2 percent more traffic fatalities than comparable non-holiday time frames. The NSC believes the reason for this increase could be partially due to an increased amount of travel.

A Harrisburg car accident lawyer would agree with the NSC in their recommendations for drivers to do the following:

Be sure you are wearing your seat belt and that all passengers are wearing their seat belts as well. Also make sure that children are properly restrained in safety seats that fit their age, weight, and size.
Never drive if you have consumed any amount of alcohol. Drinking and driving significantly impairs your ability to react and use proper judgment while operating a vehicle.
Do not use your cell phone for any reason while driving.
Avoid speeding by leaving early for your destination so you are not frustrated or rushing.
Do not drive if you are at all drowsy.
Remember to drive defensively and use caution while at the wheel, especially in bad weather conditions.

Drive safe, everyone!

NTSB Vice Chairman Asked to Speak at Motorcycle Safety Press Conference in Harrisburg, PA

Michael Monheit — Sat, 21 May 2011 00:04:15 +0000

A National Transportation Safety Board (NTSB) May 20 press release announced that NTSB Vice Chairman Christopher Hart has been invited to speak at a press conference in Harrisburg, Pennsylvania on Monday, May 23 at the Media Center of the Sate Capital Building. PA State Rep. Dan Frankel will be introducing new motorcycle helmet legislation at the event.

Pennsylvania Motorcycle Helmet Law
This press conference is a big step for Pennsylvania motorcycle law considering that, currently, only motorcyclists who are 20-years-old and younger are required to wear helmets when riding a motorcycle. According to the Insurance Institute for Highway Safety (IIHS), Pennsylvania has a “poor” motorcycle helmet use law rating.

Pennsylvania took legislation into consideration in 2010 to make it a requirement for all individuals to wear an FMVSS 218-compliant motorcycle helmet while operating a motorcycle or as a passenger on any motorcycle. The NTSB has advised states to pass laws requiring everyone aboard a motorcycle to be required to wear a helmet that falls under the DOT’s Federal Motor Vehicle Safety Standard 218.

Motorcycle Crash Accident Statistics
Harrisburg, PA motorcycle accident lawyers who have helped motorcycle accident victims and families of wrongful death victims know all too well that motorcyclists are not provided the same level of protection as occupants of large trucks, buses, or even small passenger vehicles. Because a motorcyclist is more susceptible to injury in the event of an accident, wearing helmets can make a significant difference in helping prevent serious injury and death.

Although motorcyclists account for only 3 percent of vehicles on the road throughout the United States, on average, motorcycle deaths make up 13 percent of highway fatalities. In 2009, 4,400 deaths were caused by motorcycle crashes. In 2009, there were 4,400 deaths as the result of motorcycle accidents. Motorcycle fatalities account for 13 percent of highway deaths, while motorcycles represent only 3 percent of vehicles on the road.

The NTSB’s State Most Wanted List has consistently recommended that States pass laws to require everyone aboard a motorcycle to wear a helmet that complies with the Department of Transportation’s Federal Motor Vehicle Safety Standard 218. Only time will tell whether Pennsylvania joins the other 20 states and the District of Columbia in requiring all motorcyclists to wear a helmet.

What the CDC’s Report On Rise in Occupational Injuries and Illnesses Among Senior Workers Means for Harrisburg

Michael Monheit — Mon, 09 May 2011 12:25:18 +0000

It’s true what they say about things never staying the same. Due to our unpredictable economy, more people are working into the later years of their lives, and this includes residents of Harrisburg and other cities in Pennsylvania. A recent Centers for Disease Control and Prevention (CDC) Morbidity and Mortality Weekly Report (MMWR) revealed that older workers – individuals over the age of 55 – accounted for 19 percent of the workers in the United States in 2009, making them the nation’s fastest growing sector of the working population.

The CDC’s report analyzes data from the Bureau of Labor Statistics (BLS) Survey of Occupational Injuries and Illnesses (SOII). According to these findings, approximately 210,830 nonfatal occupational injuries and illnesses in 2009 among senior workers led to lost workdays. The report also determined that in comparison to younger workers and workers of all ages, senior workers experienced greater rates of falls that occurred on the same level, fractures, and hip injuries.

To help lower incidents of workplace injuries and illnesses for older workers, the CDC has advised employers to be proactive in identifying certain risks for older works. For instance, if falls are determined to be a heightened risk at a workplace, efforts should be made to make sure floors are clean, dry, clearly lit, and do not pose any tripping dangers. The CDC also recommends that public health and research agencies evaluate the overall strain of occupational injuries and illnesses among older workers, aging-related risks, and effective ways to prevent accidents.

Harrisburg, PA construction accident attorneys have seen first-hand how difficult it is for an injured construction worker to overcome a serious injury that happened on-the-job. In many cases, a construction worker is hurt because of someone else’s negligence. And it’s not just construction workers that suffer; any person can be injured while at work if another individual or entity’s oversight or reckless behavior causes unsafe working conditions. Hopefully, the new CDC report will make a difference and help prevent accidents from injuring workers of all ages, including those who are older.

Accidents Caused by Texting Drivers

Miriam Barish — Wed, 04 May 2011 17:06:41 +0000

It seems that for most Pennsylvanians, a day doesn’t go by without their cell phones being within close, convenient reach. Unfortunately, for far too many motorists, this includes while being behind the wheel. Currently, there is no state-wide cell phone ban in Pennsylvania for hand-held devices, texting, or in regards to young drivers or bus drivers using cell phones while operating a vehicle. This is quite shocking considering that accidents caused by texting drivers in Pennsylvania and throughout the United States has become an epidemic.

However, some cities, including Allentown, Erie, Harrisburg, Philadelphia, and Wilkes-Barre, have banned hand-held cell phone use. As several 2011 distracted driving House Bills outline specific restrictions against cell phone use for drivers, some safety advocates are wondering why it has taken Pennsylvania so long to step-up against distracted driving, specifically texting drivers.

Data provided by the National Highway Traffic Safety Administration (NHTSA) highlights the significant dangers of distracted driving and motorist cell phone use. In 2009, it was reported that 5,474 individuals were killed in the United States and an additional 448,000 suffered injuries in motor vehicle collisions that were noted to have involved distracted driving. Of those individuals who were killed in distracted driving-related accidents, 995 involved reports of a cell phone as the source of distraction. Of those individuals who were injured in distracted driving-related accidents, 24,000 involved reports of cell phone use as the distraction.

During a Teen Driver Safety Week in Harrisburg last year, the Pennsylvania Department of Transportation (PennDOT) noted that from 2005 to 2009, 121,845 accidents involved at least one 16- to 19-year-old driver in Pennsylvania resulting in 1,011 fatalities. Fifty-two percent of these crashes resulted from the teen driver driving too fast for conditions, being inexperienced, driving distracted, and improper/careless turning.

Time and again, Philadelphia cell phone accident attorneys have seen the devastating effects that crashes caused by texting drivers impose on unsuspecting families. Texting crashes in Pennsylvania are preventable. Every driver is responsible for devoting their primary focus at all times to the road and their surroundings. Because a motorist has to make intricate evaluations, complex maneuvers, and quick decisions in order to operate a vehicle safely, texting and driving substantially limits these abilities. The more motorists devote their full attention to safety while driving instead of what so-and-so is doing via text or a quick call, the lower the chances are of motor vehicle accidents catastrophically altering people’s lives forever because of a cell phone.

Hospital Patient Safety Improvements Shouldn’t Be Placed on the Back Burner

Michael Monheit — Fri, 22 Apr 2011 12:41:17 +0000

Having a loved one admitted to the hospital can very often be an emotional or traumatic experience due to the sudden nature of the admittance or the degree of the health condition. While hospitals throughout Pennsylvania and the United States have made significant improvements in reducing the rate of hospital acquired infections and other patient adverse events, there is still much that needs to be done to ensure patient safety and wellbeing.

According to a recent American Medical News article, one in three patients is harmed during a stay at the hospital in incidents that mostly could have been prevented. However, the article points out that from 2001 to 2009, data shows that central line-associated bloodstream infections have decreased by 60 percent in intensive care units.

The President of The Joint Commission, which accredits and certifies over 18,000 healthcare organizations and programs across the United States, stated in the article that the progress in patient care has not been extensive enough throughout the various services that are provided in healthcare. He also noted that these improvements are not consistent within healthcare at physician practices, hospitals or facilities.

Ever since the Institute of Medicine released a report called, “To Err is Human,” that included an estimate that as many as 98,000 patients are killed each year because of preventable medical errors, the potential safety issues at hospitals in the United States has drawn substantial concern.

Medical malpractice and hospital negligence can stem from understaffing, lack of finances, the failure to diagnose, oversight, fatigue, defective products that go unchecked or lack maintenance, and other forms of reckless behavior or inaction. A Harrisburg medical malpractice lawyer can assist individuals who have suffered injury or illness due to a medical professional’s negligence or hospital negligence. Medical malpractice lawsuits in Pennsylvania are not about getting even. These lawsuits help families obtain the compensation they need to properly recover without suffering financially. Medical malpractice suits also help prevent medical professionals from making the same mistakes multiple times and placing the lives of more patients at risk.

Higher Risk of Early Loosening of Knee Replacement with Minimally Invasive Surgery(MIS)

Jim Ronca — Tue, 08 Mar 2011 00:47:56 +0000

In scholarly article published January 11, 2011 in the Journal of Arthroplasty (joint replacement), three surgeons reported on early loosening in the Zimmer NexGen CR, NexGen CR-Flex, NexGen LPS, and NexGen LPS-Flex when using a specific component, called the tibial tray which covers the top of the tibia or the larger bone in the lower leg, the top of which forms the bottom of the knee joint. The author reviewed the surgeries of 529 consecutive patients using this component in minimally invasive surgery. Minimally invasive surgery or “MIS” is a method where the incision is minimized to 10 to 14 cm if possible (4 to 5.5 inches). (See, for example). All of the surgeries were done between March 2007 and December 2008. All operations were performed using the NexGen MIS Tibial Component. All were cemented. All used a 10 cm (4 inch) incision. Eight knees had to be revised within a mean of 17 months (total time spread 9-31 months).

The failure rate was 1.5% and the authors noted high failure rates in two other studies where the short keel tibial component was used (5.29 mean follow up 2.6 years and 6.9% mean follow up 0.9 years). Compare this to the acceptable failure rates of another component used in MIS procedures, the four pronged tibial tray. See article table 1.

The authors said further study was needed to determine cause. The cause might be related to the fact that the cement did not seem to bond well on the removed components. In all cases the backside of the tibial tray had no cement. Why the cement does not adhere was not known. It may relate to the use of a pre-coat but this is not proven. The authors have recommended that this component of the Zimmer NexGen knee replacement system be discontinued pending further study.

Patients who have had early revision or loosening of their knee replacement may want to consider investigating whether they had minimally invasive surgery and whether the questioned Zimmer component was used. These patients may also want to consider consulting an attorney experienced in knee implant and medical device litigation to investigate.

Medical Professional Diagnostic Errors: $5.3 Million Awarded to Woman for Skin Cancer Untimely Diagnosis

Michael Monheit — Thu, 07 Oct 2010 20:22:34 +0000

Medical malpractice in Pennsylvania and throughout the nation includes diagnostic errors such as missed, delayed, or incorrect diagnoses, in addition to other forms of negligence on the part of a medical professional. A recent Wall Street Journal article reports that cancer is the most commonly misdiagnosed condition either due to the failure to diagnose or a delay in diagnosis. The article also states that diagnostic errors are the main reason for medical malpractice, amounting to approximately 40% of malpractice lawsuits.

With the above information in mind, The Legal Intelligencer reports that a woman has recently been awarded $5.3 million for the untimely diagnosis of skin cancer, which has caused significant deformity to half of her face. A jury determined that the woman’s dermatologist failed to timely diagnose a lesion on her cheek. Because of the delay in diagnosis, the common form of cancer on the woman’s face developed into a much more aggressive form of cancer and spread. The woman underwent about ten surgeries and intensive radiation treatment that caused increased deformity of her face and led to her having difficulty opening her mouth, chewing, and talking.

As patients, we value the opinion of our doctors and trust that they are making the right decisions. However, as the woman’s case demonstrates, medical professionals can overlook life-threatening medical conditions. A Harrisburg, PA medical malpractice lawyer can help patients who have been injured and family members of patients wrongfully killed due to misdiagnosis, physician error, or hospital negligence.

Dangerous Chemicals Used in Harrisburg Natural Gas Drilling Causes Concerns

Michael Monheit — Thu, 08 Jul 2010 11:14:34 +0000

An Associated Press news report states that chemicals that are known to cause neurological and other serious adverse health effects are being used to drill natural gas wells in Harrisburg, Pennsylvania. State environmental officials are planning on posting this list of compounds online. This list, they say, will be the first comprehensive catalog of all chemicals and compounds used in gas drilling in Pennsylvania.

Officials have put together this list based on information drilling companies are required to provide under federal law. Environmental experts worry that these chemicals, which are used in a process called hydraulic fracturing, also have the potential to poison underground drinking water sources. Industry officials however say that these chemicals do not pose an environmental hazard because they are handled safely.

A number of catastrophic health conditions are caused by such contamination in the environment. Serious diseases can result from contamination and poisoning of drinking water sources. It is extremely important that officials disclose all information about the chemicals used in these drilling activities as well as their potential for adverse effects.

Harrisburg Personal Injury – Surgical Fires are a Serious Problem that Must be Reported

Michael Monheit — Sat, 19 Jun 2010 00:57:53 +0000

Medical safety experts are now saying that reporting medical errors such as surgical fires to outside agencies can actually help prevent them. In Pennsylvania, when a fire breaks out and burns a patient during surgery, the law requires that it be reported to the state Patient Safety Authority. Experts say that getting the word out about such mistakes or medical malpractice in Harrisburg, PA creates awareness among patients; keeps the number of injuries down; and lowers the amount of medical malpractice lawsuits. Reporting any type of medical error or negligence goes a long way in improving patient safety.

Surgical fires don’t occur often, but when they do happen, severe injuries typically result. Patients who go in for a simple outpatient procedure have also been burned in some cases. It is tragic that an individual who goes in for a simple procedure ends up with severe burns and is scarred for a lifetime. These surgery errors can be prevented and often occur because of a medical professional’s negligence or due to a defective product. A recent report mentions that according to an estimate by the ECRI Institute, about 650 surgical fires occur nationwide each year. About 20 to 30 of these incidents result in disfigurement or debilitating injuries and a handful result in death.

Remember, before you go into any procedure or take a family member in for surgery, it is very important that you know and understand the process of the procedure. Never be afraid to ask your doctor questions. Always be aware of your rights. Harrisburg personal injury attorneys will thoroughly investigate your malpractice claim if you have been injured in a surgical fire or due to another form of hospital negligence.

Harrisburg Employment Opportunities for Those with Disabilities

Deborah Forrister — Mon, 17 May 2010 19:27:21 +0000

Some individuals with disabilities in Harrisburg and throughout Pennsylvania sustained their debilitating injury while on the job. However, several of these afflicted individuals are highly motivated to find new employment or return to previous jobs despite their disability. The Pennsylvania Department of Labor & Industry recently announced that $4.2 million in grants is going towards the development of new plans and initiatives for bettering employment opportunities for those with major disabilities.

As a part of the American Recovery and Reinvestment Act, the new employment grant asks that vocational rehabilitation providers apply by June 11. The main goal of the initiative is for innovative and localized programs to be created based on successful and qualifying applicants’ proposals. A few programs that the Department of Labor & Industry hopes to create through additional funding include:

An expansion of employment readiness programs
Industry-integrated employment and training programs
Services for underserved/unserved Office of Vocational Rehabilitation customers who meet specific qualifications

As these programs begin to further develop, it will be interesting to see how opportunities for employment evolve for individuals with disabilities.

When a work accident in Harrisburg occurs, an employee may receive financial assistance through Pennsylvania workers’ compensation benefits. The type of benefits that an injured employee is entitled to greatly depends on the degree of the injury. For instance, if an injury results in permanent disability, such as paralysis or disfigurement, then a person may be able to obtain compensation for all necessary medical treatment, lost wages, and job re-training. An employee who is unable to work temporarily may be able to receive two-thirds of their average wage up to a determined amount. An employee who has sustained a catastrophic injury may want to consult with a Harrisburg workers’ compensation attorney who will ensure that accurate paperwork is filed appropriately and that the injured worker receives the benefits that he or she deserves to its entirety.