The da Vinci is a multi-armed, million dollar robot that performed roughly 400,000 surgeries in the United States last year. The system works by a surgeon operating the robot with hand controls in front of a computer several feet away from where the patient is. The robot has three or four arms. A camera is attached to one of the arms and surgery tools are in the other arms.
]]> These robots are used to perform a number of types of surgeries, with the most common being prostate removal. Some in favor of the robot point to the fact that unlike an actual live surgeon, the robot's hands do not shake. Others also claim to be sent home faster following a robotic surgery.However, over the past several years there have been a number of incidents reported that really call to question the safety of these robots. For example, just last year a medical malpractice lawsuit ended with a family being awarded $7.5 million. The claim is during robotic spleen surgery, a man's intestines were punctured. This led to infection and the man died.
Another report, from 2012, also claims a woman died during a hysterectomy surgery when the robot nicked a blood vessel.
There was also an issue where one of the arms on a robot would not let go of a patient's tissue. The entire system had to be totally shut down in order to get the robotic arm opened.
Over the years though, it should be noted that robotic surgery has grown in popularity. Some claim this increase in adverse reports is due to the fact that more surgeries are being done and that the da Vinci's maker recently reclassified how certain incidents are reported.
At this point, robotic systems are still under investigation by the FDA. The hope is that more concrete facts will help determine the risks associated with this type of surgery.
Source: The Associated Press, "Robot hot among surgeons but FDA taking a fresh look," Lindsey Tanner, April 9, 2013
Of course some things are out of a doctor's control. However, taking steps to prevent infections and the spread of bacteria resistant to antibiotics is crucial.
]]> Researchers recently became quite alarmed by the fact that bacteria resistant to powerful antibiotics are on the rise in hospitals. So far, cases of enterobacteriaceae that are carbapenem-resistant were reported by health care facilities in 42 states between the years of 2001 and 2011. Considering the fact that this bacterium is resistant to antibiotics, those inflicted with the bacteria can become quite sick and in many cases even die.Due to the severe complications that can arise from this family of bacteria, known as CRE, the Centers for Disease Control and Prevention is urging the health care community to really start taking the detection and immediate action of responding to the bacteria very seriously. This means separating those patients with CRE and working with local health departments to keep an eye on the bacteria cropping up in the area.
On top of better detection, monitoring and education, doctors also need to be more mindful about prescribing antibiotics. Part of this means only prescribing antibiotics when truly needed. This also holds true in acute and long-term care hospitals and nursing home facilities.
Source: amednews.com, "CDC spells out ways to stop spread of "nightmare bacteria"," Christine S. Moyer, March 18, 2013
At this point, there is still not enough known about the effects of driving while being a chronic user. However, a recent study did find that cannabis can be detected in a person's blood stream for weeks after using. In fact, for chronic users, the active ingredient in marijuana, THC, continues to be in their system for weeks -- even when they are not using the drug anymore.
]]> The issue around driving while using marijuana, and figuring out impairment levels, is that the levels in a person's blood cannot be used the same way as alcohol is. For example, the legal driving limit in terms of alcohol consumption in Texas is 0.08 percent. At this point, numerous studies have found the driver is too impaired to safely operate a vehicle.However, with marijuana, it has not been determined at what level a person is too impaired to drive.
In terms of drugs and driving, a 2007 National Roadside Survey did find that more drivers actually test positive for drugs than alcohol. However, this includes prescription drugs, such as sleep aids and antidepressants, as well as illegal drugs, such as cocaine and heroin.
Here in Texas though, marijuana is not legal. Additionally, if a person is high when driving and causes an accident, aside from possible criminal repercussions, those injured due to the impaired driver may be able to build a personal injury lawsuit case.
Source: The Washington Post, "Pot Smoking Could Affect Driving For Weeks, Researchers Suggest," Bengt Halvorson, March 5, 2013
The idea behind the "crash tax" is to use the money to pay those first responders who arrive at the scene of an auto accident in order to provide needed medical attention to those injured.
]]> Charging for accidents in the city started on March 1. Those who caused the crash will be the ones charged the feed. Even in cases where those involved in the accident did not call for help, the person who caused the crash will still be charged the fee.The fines will also range between $500 and $2,000. The amount will be contingent on the severity of the crash.
With this "crash tax," while the point is to cover the city's budget deficit, one has to wonder if this extra fine will deter accidents in Missouri City, Texas. For example, maybe a teen driver will listen to the advice to not text and drive, as the distraction could lead to an accident? Or, maybe a driver will think twice before speeding, and rather, be extra cautious while behind the wheel?
If this "crash tax" proves effective, it will be interesting to see if other cities in Texas also adopt a similar approach.
In the end though, a fine or no fine, those who cause accidents in Texas can, and should, be held liable. For those who were injured in a motor vehicle accident, there are often legal options available. However, before even talking with an insurance adjuster, contact an attorney with experience handling motor vehicle accident cases in Texas.
Source: NBC Chicago, "Texas City to Impose "Crash Tax" for Car Accident Help," Justin Ray, Feb. 20, 2013
]]>Take for example the recent news of a technician who was killed, and another worker who was injured, after there was an explosion at a gas cylinder filling plant in La Porte, Texas.
]]> The accident happened early one morning in a lab. After the explosion, while nearby residents were told to stay away from the area, emergency rescue crews spent hours searching the area for a missing worker. Eventually, the 30-year-old technician was found, but it was already too late. He was deceased.Another worker was also injured in the blast. The worker reportedly suffered from severe burns and was airlifted to the University of Texas Medical Branch. After arriving at the hospital the worker was listed in serious condition.
After the workplace accident, authorities were still working to try and figure out what happened to cause the explosion in the first place. Once it is learned what caused the accident, this may provide more insight to the family of the deceased technician and the worker who was injured.
In general, when there is an on-the-job accident, there is a good chance it is the responsibility of the employer. In some cases this will result in workers' compensation. However, in Texas, when the employer does not have workers' compensation, there is a death, or the accident was caused by defective equipment, a lawsuit can be filed against the employer.
Source: gasworld, "One dead and one injured in Texas gas-plant explosion," Stuart Radnedge, Feb. 10, 2013
The Highway Loss Data Institute conducted a study several years ago that looked at the crash rates of four states before and after a texting while driving ban was put in place. From there it was found that the crash rate stayed the same in one state and actually increased in three states. In these four states, crashes among teens -- who are the drivers more likely to text and drive -- also increased.
]]> When trying to figure out just why this happened, one theory is that the ban did change texting while driving behaviors, but not necessarily for the better. The idea is that before the ban, drivers would hold their phones up on their steering wheels. However, after the ban, drivers would still text but just try to conceal it better to avoid a citation. This means putting the phones in their laps and looking down and away from the road for longer stretches of time.While this is one theory, advocates of the texting ban do not agree and instead say the Highway Loss Data Institute study was conducted way too soon after the bans were put in place.
Advocates say now is the time to enforce a ban, pointing to the fact that with so many distracted driving accidents, personal responsibility is simply not enough. Some believe a ban that is being enforced would really bring home the message that there are going to be consequences for continuing to text while driving.
But what do you think? Should there be a statewide texting while driving ban in Texas? Do you think this will reduce the number of fatal accidents in the state?
Source: KUT News, "Will a Texting and Driving Ban Make Texas Roads Safer?"Matt Largey, Feb. 11, 2013
]]>According to the Centers for Disease Control and Prevention, millions of people every year end up getting bitten by a dog. This can result in traumatic injuries to the face, infection -- and in some extreme cases -- even death. In fact, the CDC estimates that there are 15 deaths per year related to dog bite injuries.
]]> Quite often people mistakenly believe that only the more traditionally aggressive breeds, such as pit bills and rottweilers, are the ones that attack. However, the truth is that all dogs share genes with their ancestor: the wolf. This means many of the same instinctual behaviors are still present, regardless of the dog's size.For example, while we tend to hear more about pit bull attacks, it was in 2000 when a Pomeranian, weighing just 4 pounds, killed a child in what seemed like an unprovoked attack.
But what just does "unprovoked" mean? Why is it that dogs run the risk of attacking humans?
The thing to keep in mind is that most attacks happen due to forced physical proximity or contact with a dog. This means that while a dog may appear to be excited or happy, unless honestly familiar with the dog, it is still not a good idea to shove hands near the dogs face or to get face-to-face with a dog. The dog can mistakenly take this behavior as a threat and bite.
Dog owners should not also just assume they know what their dogs are feeling. This means that just because a dog is fine around the family's children, to not assume the dog is comfortable with all children. Frequently, mistakenly expecting a dog to be friendly is what leads to an attack.
In the case that there is a dog bite, keep in mind that what may seem like just a small wound can in fact be very serious. There is a myth that dogs' mouths are cleaner than humans. However, the truth is that a dog's mouth does carry with it tons of bacteria. This, on top of the sheer damage their teeth can do, means it is always better to have any bites checked by a doctor.
In terms of accountability, in Texas, pet owners maintain strict liability for the actions of their pets. This means those bitten by a dog should look into how the owner can be held responsible.
Source: Ravalli Republic, "Prevention is the best medicine when it comes to dog bite injuries," John Holtzen, Jan. 29, 2013
]]>The woman suffered multiple fractures and had to undergo amputation of her right leg. She brought a lawsuit against the operators of a bar and grill that served alcohol to the intoxicated driver and alleged violation of Texas' dram shop law. The drunk driver had a blood alcohol of .34-four times the legal limit for driving.
Although the bar owners denied the man had been drinking in their business establishment, they were unable to explain their destroying a crucial item of evidence-the bar's videotape recording. The jury was instructed that it could presume this missing evidence was detrimental to the bar owners' position in the case.
]]> The jury found the bar 75 percent liable for the accident and the drunk driver 25 percent liable. "I hope the result of all this is that no one else will have to go through the pain I have and that bars will take meaningful steps to protect the public," the plaintiff said.Dram shop laws in Texas
Under the Texas Dram Shop Act, if a business establishment serves liquor to an individual who is obviously intoxicated and poses a clear danger to himself and others, it can be held liable for the injuries and damages caused by its intoxicated customer.
Dram shop laws provide a way for injured individuals and their family members to hold liquor establishments responsible for over-serving alcohol. In many cases, a drunk driver's car insurance is woefully inadequate to provide adequate compensation for the grievous injuries and deaths caused by the drunk driver.
Learn more about alcohol-related vehicular collisions by visiting our page on dram shop liability.
]]>Last year, the Texas legislature passed a ban, but it was vetoed by Governor Rick Perry because he believed it to be "a government effort to micromanage the behavior of adults." Instead, he called for increased public education about texting while driving.
Unfortunately, even though there has been an effort to get out the word, attitudes toward texting while driving can be compared to those toward drunk driving. Even though most of the population knows that texting while driving is dangerous and hopes that others choose not to text and drive, they don't hold themselves to the same standards. In fact, a study conducted by the AAA Foundation for Traffic Safety found that, while 95 percent of drivers believe distracted driving is dangerous, 35 percent admit to texting while driving in the last month.
]]> Furthermore, texting while driving statistics show that, despite the media's focus on the dangers of the action, more people are texting and driving than ever before. The number of crashes caused by distracted driving is going up (18 percent in 2010) and the number of text messages has increased 50 percent in just two years.Perhaps, then, it is finally time for the state to join 32 other states in giving drivers another reason to put down their cell phones: A ticket.
Former Speaker of the House Tom Craddick, whose 2011 bill was the one that passed the House and Senate, filed one of the bills currently before the legislature. This year's bill would ban sending or reading a text or email unless the car is stopped. It would not ban dialing a number while driving, using a GPS or sending a text message through voice technology.
While we wait for the legislature to act on this bill, individuals and families injured by distracted drivers can hold those drivers accountable for their negligent actions. They may be able to recover compensation for economic and noneconomic damages such as medical expenses, pain and suffering and loss of income.
Source: The Dallas Morning News, "Texting and driving ban back for 2013 legislative session," Claire Cardona, Nov. 12, 2012
]]>The statistics are frightening, but what is more devastating is that almost all of these deaths could have been prevented.
According to the Texas Department of Transportation, drunk driving is the leading cause of fatal accidents, with distracted driving (including texting while driving) coming in a close second.
Unfortunately, it seems little has been done to curb these behaviors, some of which are becoming more and more common. For example, even though the Texas Legislature attempted to pass a texting while driving ban in 2011, Governor Rick Perry vetoed it. Unlike Texas, thirty-nine other states have passed distracted driving bans.
]]> Some argue that Texas is moving the opposite direction, toward more deaths, rather than fewer. This is in part because Texas has recently opened an 85 mph toll road and approved 75 mph speed limits on other highways.Our independent culture in Texas could prevent legislation that has been shown, in other states, to save lives. Therefore, it is up to us individually to turn off our cell phones, hand over our keys when we are drinking and otherwise drive safely.
We can also hold negligent and reckless drivers responsible for wrongful death through personal injury lawsuits. Families who lose loved ones in Texas fatal car accidents may be able to recover compensation for medical expenses, funeral expenses, pain and suffering, loss of consortium and other damages.
Learn more by visiting our pages on Texas motor vehicle accidents.
Source: Beaumont Enterprise, "12 years ago, a deadly trend began on Texas roads," Erin Mulvaney, Nov. 8, 2012
]]>Russ Rader, a spokesman for the Insurance Institute of Highway Safety points to the alarming research correlating speed limits and auto accidents. "The research is clear that when speed limits go up, fatalities go up," he says.
Other safety advocates agree. According to Bill Graves, President and CEO of the American Trucking Association, "Higher speeds dramatically increase the risks of a catastrophic crash."
]]> However, safety officials, including individuals from the TxDOT and the State Highway 130 Concession Company, argue that the highway is safe to handle the new 85 mph speed."If you look at the topography, the geography and the engineering of the roadway, you can see how an 85 mph speed limit could be supported," touts TxDOT spokesman Bob Kaufman.
It remains to be seen whether the new speed limit will cause an increase in auto accidents or simply provide a decrease in commute time for travelers. Time will only tell.
Drivers will be able to drive the new 85 mph speed limit start in November.
Source: NPR, Texas Road Will Inaugurate 85 MPH Speed Limit, Nation's Highest, Bill Chappell, Sept 17, 2012
]]>As of June 2011, individuals born on September 1, 1993 or later who wish to operate either a personal watercraft (PWC), a vessel with an engine larger than 15 horsepower, or a wind-powered vessel at least 14 feet in length are required to take and pass a boater education class before operating the vessel. (Previously, Texas boater education requirements were only mandated for individuals age 13-17 years old.)
]]> The Texas Legislature revised the boating law to include the required course in an effort to improve boating safety. And, many argue, amid recent accidents involving those who have yet to take the class, the initiative was a good idea.A case in point involves a recent boating accident that occurred on Ink Lake. According to an investigation conducted by the TPWD, three teenagers under the age of 18 were operating personal watercrafts. The PWCs collided and one of the teenagers was severely injured and airlifted to a local hospital. Officials later discovered that all three minors had not taken the required course.
Tim Spice, a Texas Parks and Wildlife Department boating coordinator, hopes that as more individuals complete the course, fewer accidents will occur. He says the total number of boaters expected to take the course this year will exceed 10,000.
Source: Chron.com, New law requires young boaters to take course, July 25, 2012
]]>In fact, statistics from the Federal Highway Administration indicate that during the first three months, or first quarter, of 2012, Americans drove 9.7 billion more miles - 1.4 percent increase - than they did during the same period one year before. However, there is a downside to all of the additional miles driven: a spike in the number of traffic fatalities.
]]> The National Highway Traffic Safety Administration estimates that there was a 13.5 percent increase in the number of automobile-accident fatalities during the first quarter of 2012 from the same period in 2011. From 2006 to 2011, the number of motorists killed on the road during the first three months of the year steadily declined by about 30 percent to roughly 6,700 fatalities in 2011. However, the NHTSA estimates that over 7,600 deaths occurred during that same period of 2012, the second highest year-to-year rise in quarterly deaths since 1975.While it is easy to blame the mild winter for the increase in the number of car-accident fatalities, weather cannot explain the whole story and may only be one factor contributing to the rise. In recent years, Americans have fallen in love with mobile technologies and the ease of communication they provide, most specifically text messaging.
Sending, writing or reading text messages while behind the wheel of a vehicle is arguably the most dangerous form of distracted driving one can engage in. Monash University reports that drivers who use a hand-held device while driving are four times more likely to be involved in an accident that injures them. And, the Virginia Tech Transportation Institute claims that texting and driving creates a crash risk 23 times that of non-distracted driving.
The mild winter is but one of many factors contributing to the rise in traffic fatalities during the first three months of 2012, and we would be remiss to not consider the risks and dangers posed by distracted driving, especially text messaging.
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