Category: Treatment

Autism Affecting High Number of New Jersey Children

April 06, 2012   Staff   4 Comments
Light It Up Blue

Autism is theft. That’s how many families recount the first signs of the disorder in their children; a stealing of personality, the happy sounds of play, crying. A new study released by the Centers for Disease Control and Prevention now shows some form of autism occurring in 1 of 88 children born in the past 12 years. That’s a 23 percent increase from the last study the CDC conducted in 2009 and a 78 percent increase from the CDC’s first study in 2007. The thief has a real taste for the crime now.

In New Jersey, the rate of autism in children is much higher than the national average – 1 in 49. If you give birth to a boy, there’s a 1 in 29 chance he’ll develop the disorder. Autism isn’t a problem that other people experience, your neighbors or a relative you only talk to on Facebook. This condition is increasingly relevant for every family in New Jersey and across the country.

The underlying cause of the varying forms of autism is not known. Promising research from the University of Washington and Yale University may show a connection to paternal age at time of conception, according to Autism Speaks. Research showed that fathers of girls with autism were 17 times more likely to be in their 40s, while fathers of boys with autism were four times more likely to be in their 40s. Scientists and researchers believe that fathers with increased age have more opportunities to encounter environmental factors – pollutants, chemicals, viruses – that can change their DNA. That altered DNA passes to their offspring leading to an increased risk of autism. While research is still in its fledgling stages, it clearly hints that genetic factors may be the root cause of autism at any severity level.

If occurrences of the disorder continue on their current trend, we’re looking at a total population of nearly 176,000 people living with autism in New Jersey. The number of family members attempting to understand the disorder’s various manifestations could easily reach into the millions. This disorder isn’t a cold or an infection those affected can simply “get over”. It affects the way they learn, interact with their environments, acquire language and even how they show affection. Imagine an entire generation of people who don’t understand a hug – that’s what we’re looking at.

For Autism Awareness Month, April, we’re asking that you take the time to read up on the disorder, talk to relatives with immediate family living with the condition or donate your time to help a charity fighting for more research. If you’re pressed for time, just wear a blue shirt to show your support. That simple act may give a measure of hope to a new parent of an autistic child. With hope, there is resolve, from resolve, there is action.

Photo Credit: Centers for Autism and Developmental Disabilities Epidemiology

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911 Operator Immunity: Fair or Foul?

April 02, 2012   Staff   No comments
911 Operator Immunity Act

Imagine you’re at home during a break-in. While hiding under your bed, you dial 9-1-1 hoping the sound of your voice won’t alert the men looting your jewelry, family keepsakes. There’s only one problem – your town doesn’t have emergency services. The county shut the program down over liability concerns. Better dust off your hide-and-seek championship trophy; you’re about to come out of retirement.

That’s the potential reality for every city, town and county in New Jersey. The state’s 911 Immunity Act, the law that grants immunity to 911 operators, is under fire thanks to the egregious errors of 911 operators in Jersey City. Two separate operators sent police officers to wrong addresses in a case that ultimately to the wrongful death of three people and left only one survivor in 2005. Paris Wilson, now 13-years-old, lay on the ground amongst his dead mother, sister and dying brother for 33 hours before rescue workers finally arrived at the correct address. Wilson somehow escaped his uncle’s stabbing rampage relatively unharmed.

Sonya Manzano, Wilson’s guardian, sued both the 911 operators involved and Jersey City on the child’s behalf only to have a lower court toss the suit out citing the 911 Immunity Act. An appellate panel is currently reviewing the case, which could net a $15 million dollar wrongful death judgment in favor of young Paris.

Cash-starved cities across the state say they may simply eliminate emergency response services for fear of getting sued, according to NorthJersey.com. Defense attorneys and victims dismiss this tactic as a bluff born from hard economic times. If cities and municipalities are afraid of getting sued, do better. Hiding behind civil immunity doesn’t give much incentive for emergency operators to improve their skills. What do you think? Should people be able to sue 911 operators and cities for failing to respond properly in emergency situations?

Losing a loved one due to the negligence of another can be crippling both emotionally and financially. Experienced NJ personal injury attorneys are waiting to advocate on your behalf to win you the fairest settlement possible. Waiting to contact knowledgeable legal professionals could cause problems down the road, if you decide to pursue responsible parties for damages.

Photo Credit: Hickory Daily Record

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Drowsy Doctoring

February 21, 2012   Staff   No comments
tired doctor medical malpractice

On a Saturday night a couple weeks ago I was taken to the hospital because I was experiencing extreme pain on the right side of my lower back. It was just past dinner time when I arrived, but of course I would be there well into the night. It turned out that the pain I was experiencing was due to a kidney stone, but once I was settled in I got to thinking about the doctors in the E.R.

Although I was at the hospital for several hours I did not get to see a doctor, I did see a nurse practitioner. I faintly remember her talking about a radiologist that went over my CT scans, but for all I know this doctor was some mystical being that parents tell stories about to their children like the Easter Bunny. My nurse practitioner had obviously been on shift for some time. Each time she came into my curtained area she sat at the edge of my bed, if only to just catch her breath for a moment.

Despite being slightly out of it due to the medication they gave me, I could see the exhaustion in her eyes. They were brushed with a lining of dark purple underneath, not from makeup but from sleepiness. She spoke in a low voice, almost a whisper. It was not that late—the E.R. was still bustling with noise so her timid voice could not have been out of fear of waking another patient.

These doctors and nurses work very long hours. At best they are probably looking at a 12-hour shift, but it is not unheard of for them to work upwards of 36-hours (especially in bigger hospitals and for first year residents). Why are there no regulations for how long they are allowed to be on shift?

If you were traveling on a bus or an airplane you would want to be sure that the driver or pilot was well-rested so that you can get to your destination safely. There is constantly talk about the dangers of driving drowsy, especially with regards to truck drivers, yet no one seems to worry about drowsy doctors.

WebMD published this article about the effects of sleepiness. Now I am not talking effects of a serious sleeping disorder, these are the effects a lack of sleep will have on your body even when you don’t have a serious condition.

First they spoke about how a lack of sleep does result in accidents. They cited some major disasters such as the 1986 nuclear disaster at Chernobyl, but also car accidents. Like I said earlier the statistics support that driving while tired is a huge risk, but these risks also apply to working while tired. They explained that drowsiness can affect your ability to react as much as being drunk would. This is no different for performing other tasks while tired, it is still a hazard.

Lack of sleep also greatly impairs your cognitive abilities including your ability to concentrate, your alertness, ability to pay attention, your reasoning, and your problem solving abilities—all things a medical professional would need to properly perform their job. The article goes on to explain more effects of continual lack of sleep, check it out.

In the end this ‘drowsy doctoring’ is a serious problem. If doctors and other medical experts are not at the peak of their cognitive ability mistakes can be made and lives can be put in jeopardy. If you or someone you love has been injured due to medical error, contact Console & Hollawell’s medical malpractice attorneys in NJ. Call us today at (866) 778-5500 to set up your free, confidential consultation.

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What You Need to Know About Personal Injury Protection Insurance

January 30, 2012   Staff   No comments
PIP

Personal Injury Protection insurance (PIP) has been getting a lot of attention recently due to rising costs of auto coverage and cries for reform. When PIP was initiated back in 1972 it was meant to help victims of auto accident get the medical treatment they needed without legal delays no matter who was at fault for the accident. PIP is sometimes referred to as “no fault insurance” for that reason.

While PIP really does benefit those who have been injured in an accident, abuse of this system has led to the demand for an overhaul of the system. Fraudulent or staged car accidents have become an all-too-common occurrence in some areas of the country which is leading to higher PIP costs and in turn increased car insurance premiums.

Florida, who boasts the highest amount of fraudulent reports in the country, has a bill working its way through the legislature that they hope will curb this issue. However, while this law would help decrease fraud it would make it more difficult for those who legitimately need it to get the help they need. Part of the bill proposes a 72 hour limit on when someone needs to seek medical treatment in order to collect their PIP. This sounds fair enough, after all who would wait longer than 72 hours if they are injured, but the truth of the matter is that many car accident injuries will not present that early.

Common accident injuries such as soft tissue damage (herniated discs, etc.) can take days or even weeks to present. If this 72 hour limitation is implemented people who sustain this type of injury would not get the benefit of PIP to help with their medical treatment or lost wages. In the long run it seems that this bill will discriminatorily effect those who need it as far as costs.

CBS reported that Florida PIP fraud costs are nearly $1,000,000,000. They went on to tell the story of Christine Donovan, a car accident victim who sustained soft tissue damage. Her insurance company investigated her for insurance fraud when she tried to collect her PIP for her injury. Since the injury was not something affecting her immediately following the accident the company thought it was suspicious when she later sought treatment. This is how it is without the 72 hour limit, imagine how much harder it will be for those who need it most to get treated after an accident.

New Jersey drivers can relate with the frustrations of PIP as it is the third most expensive state to insure a vehicle in according to National Association of Insurance Commissioners (NAIC). It was reported by the NAIC that PIP counts for 50 percent of the recent rises in car insurance premium, which is enough to frustrate anyone. The problem is that since people are getting so frustrated about their bills they are not seeing the bigger impact new legislation would have. Only when someone really needs to utilize their PIP will they realize how much these regulations would adversely affect them.

PIP coverage can be confusing and frustrating, even more so when you have to utilize it. If you’ve been injured in a crash speak with a New Jersey car accident attorney. The lawyers at Console & Hollawell will guide you through the process and make sure you get the help you need.

Photo credit: FL Chamber.

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Illnesses and Spotting Neglect in Nursing Homes

January 06, 2012   Staff   No comments
Spotting Signs of Nursing Home Abuse

The following is a guest post from our friends at the Rasansky Law Firm, 2525 McKinnon Street in Dallas, Texas:

While everyone is different, the people in nursing homes do tend to have a lot in common with one another. First and foremost, most of them have conditions that require that care be delivered on a regular basis. There are some people who are in nursing homes simply because they can no longer take care of the day to day tasks associated with living, but most people in these facilities have more significant issues. This is one of the reasons that neglect is so dangerous in nursing home settings. Without the proper type of care, some patients will get very ill very quickly.

The Illnesses

There are some illnesses that are characteristic of neglect in nursing homes. They include infections, bedsores, pneumonia and several others. These illnesses are associated with neglect because they’re signs that some issue that preceded the actual illness wasn’t taken care of. Someone who keeps coming down with infections, for instance, probably isn’t being given the level of care they require in terms of hygiene. Pneumonia can sometimes result from being left in a laying position for too long, as can bedsores. With proper care, these illnesses are greatly reduced in frequency and severity.

Missed Meds/Treatments

Another sign that nursing home neglect may be an issue can be found in missed treatments or medications. If the staff isn’t keeping up with someone’s treatments, that person may end up getting sicker and sicker because of their schedule for treatment being interrupted. Be on the lookout for these situations. Doctors will sometimes realize that something’s going on before the family does because of a treatment not working as expected, simply because it is never delivered.

Negligent Staff

Watch out for signs of abuse and neglect that aren’t necessarily illnesses. Very poor hygiene, depression, isolation, sudden weight loss and other symptoms are all signs that someone isn’t being given the care that they need. If you suspect that nursing home neglect is a problem for your loved one, make sure you contact the appropriate authorities right away before it gets worse.

Nursing home mistreatment is something you can sue over for damages. Hiring a lawyer for nursing home abuse can help your family to pay for moving your loved one to another facility and for the medical bills incurred because of the abuse or the outright neglect they suffered. The first step, however, is spotting that abuse before it becomes an issue!

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Most Common Types of Medical Malpractice

January 04, 2012   Staff   No comments
medical malpractice

Sometimes we do not realize how precious good health is until we are sick or injured. A serious illness can completely derail your life and you want nothing more than to have things back to normal. When we are sick we put our trust in trained doctors and other medical professionals to help us get better, but sometimes it doesn’t work out that way.

Everyone makes mistakes, but when a medical expert does the result could be life-threatening. Medical malpractice is one of the most devastating types of personal injury claims. There are many different ways in which inaction or mistakes made by the doctor can result in the injury of the patient.

Here are some of the most common mistakes that lead to injury:

• Misdiagnosis. An estimated 30 percent of all medical malpractice cases are misdiagnoses. An article in Redbook reported that some of the most common misdiagnoses include stroke, TMJ, heart attack or heart disease, and hypothyroidism. This type of claim also includes failure to diagnose or delay in diagnosing. If you illness or ailment is not properly detected, you cannot be given the proper treatment.

• Prescription drug errors. These errors can be found at many different levels of care, from the doctor who wrote the prescription to the pharmacy that dispensed it. Often times over prescribing, under prescribing, or a dangerous combination of medications result in injury or death. In one recent Pennsylvania case, a man was prescribed medications that could not be taken together which resulted in his death. Since the family sought the help of an experienced medical malpractice lawyer, they were able to recover significant damages for their loss.

• Failure to treat. This includes instances where the doctor or medical professional diagnosed the problem but then did not treat it, failed to refer the patient to a specialist, prematurely discharging the patient from care, did not follow up or reevaluate the situation, or elected or refused to treat based on conservative beliefs or other reasons. None of these reasons for not treating are ethical or acceptable.

• Surgical errors or mistakes. Everyone knows that there are risks involved with surgery, but errors are a lot more common than we would like to believe. These mistakes can be made by the anesthesiologist, nurses, and the surgeons themselves. Different errors can include mistaken incisions, vascular damage, foreign bodies, and more.

Medical Malpractice Statistics

• The National Institute of Health reported that annually 225,000 people die as the result of medical malpractice.

• 1,500,000 people are injured or killed as the result of medication errors every year according to the Institute of Medicine.

• The Bureau of Justice Statistics reported that nearly half of all medical malpractice suits are brought up against surgeons.

• The Institute of Medicine also reported that medication errors are one of the most common medical mistakes and results in the death or injury of 1,500,000 people each year.

Each medical malpractice suit will be as unique as the person involved. If you or a loved one has been injured because of medical malpractice it helps to know your legal rights and options. The skilled New Jersey medical malpractice attorneys at Console & Hollawell understand what you are going through. We will work hard to limit the added stress of pursuing a personal injury claim and will be there with you through the whole process making sure you get the compensation you deserve. Call today at (866) 778-5500 to set up your free, confidential consultation.

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