Vaage Law Offices

Paper and Electronic Records Can Mix to Create Medical Errors

vaagelaw — Wed, 19 Jun 2013 00:42:11 +0000

A new study suggests that a gradual transition from paper medical records to an electronic health records (EHR) system may put patient safety at risk. According to researchers with the Pennsylvania Patient Safety Authority, these “hybrid” systems can lead to the duplication of tasks and miscommunication among caregivers, both of which can cause serious medical errors.

“Use of a hybrid workflow can lead to miscommunication among caregivers when orders and administration information differ between paper and electronic systems,” according to Erin Sparnon, MEng, Senior Patient Safety Analyst at the Authority. “This miscommunication can lead to medication errors like dose omissions and extra doses, which can cause serious harm to patients.”

Researchers examined 3,099 EHR-related incident reports. The most common mistakes reported were medication errors, which comprised nearly three-quarters (63; 74 percent) of the incidents. Within medication errors, the most commonly used event type classification was “wrong medication” (22%), followed by “dose omission” (19%) and “extra dose” and “other” (each with 13%).

The study offers the following example:

Written order for Toradol [ketorolac tromethamine] 30 mg on patient’s emergency room chart. Medication administered by nurse and documented in electronic medical record, not on paper emergency room chart. Second nurse also saw order and administered medication again.

As San Diego medical malpractice lawyers, the findings are concerning, particularly given the potential for patient harm. Medication errors lead to 7,000 patient deaths each year. While the benefits of electronic medical records are numerous, healthcare centers must take patient safety into account when transitioning to these new systems.

The full study is available here.

If you or someone you love has suffered from a medical error, don’t hesitate to contact a San Diego medical malpractice attorney at the Law Offices of Robert Vaage for a free consultation.

The lawyers at the Law Offices of Robert Vaage in San Diego provide knowledgeable legal representation in the areas of product liability, personal injury/negligence, medical malpractice, elder abuse, and employment discrimination.

Chrysler Fighting Recall Request by Safety Regulator

vaagelaw — Mon, 17 Jun 2013 14:32:23 +0000

Chrysler Group recently denied a request from the National Highway Traffic Safety Administration (NHTSA) to recall almost 2.7 million Jeep Grand Cherokee and Liberty SUVs. The carmaker disagrees with the safety regulator’s conclusion that the vehicles have serious safety flaws that increase the risk of injury in a certain type of crash.

According to the NHTSA’s letter to Chrysler, it is concerned that the 1993-2004 Grand Cherokee and 2002-2007 Liberty vehicles have defective fuel systems that pose an unreasonable risk to safety in rear-impact collisions. It notes that its investigation “revealed numerous fire-related deaths and injuries.”

“Our data shows that these vehicles may contain a defect that presents an unreasonable risk to safety, which is why we took the next step of writing Chrysler,” NHTSA Administrator David Strickland said in a statement. “The driving public should know that NHTSA is actively investigating this issue and is requesting that Chrysler initiate a safety recall and notify all affected owners of the defect. NHTSA hopes that Chrysler will reconsider its position and take action to protect its customers and the driving public.”

Chrysler’s reluctance to issue the auto recall is rare. In most cases, car manufacturers voluntarily agree to conduct the recall. While Chrysler argues that the “the NHTSA’s initial conclusions are based on an incomplete analysis of the underlying data,” some have speculated that the lack of an easy fix may also play a role. Since moving the gas tank is likely not an option, the car company would have to come up with another solution or buy back all of the impacted vehicles. If the two sides cannot come up with a resolution, the NHTSA can go to court to force a recall.

In related news, Chrysler has announced the recall of several other popular vehicles. The company is recalling Jeep Patriot and Compass vehicles from the 2010 and 2012 model years to address air bag and seat-belt problems. It is also recalling Jeep Wranglers from 2012 and 2013 to fix transmission fluid leaks.

If you or someone you love has been seriously injured by a dangerous or defective product, don’t hesitate to contact a San Diego product liability attorney at the Law Offices of Robert Vaage for a free consultation.

San Diego Product Liability Lawyers: Airbag Recalls Set to Hit Record

vaagelaw — Sat, 15 Jun 2013 03:00:34 +0000

Air bags are designed to reduce the risk of injury during a crash. However, they are also increasingly subject to product recalls.

Since 2011, faulty airbags have prompted nearly 7.75 million vehicles, more than the previous eight years combined. According to recent data, 2013 will be another record year.

In the past six months, the number of airbag-related recalls has more than doubled, according to AOL Autos. Their analysis of National Highway Traffic Safety Administration records revealed that automakers have issued 22 airbag-related recalls in the past six months. This is more than number double the number of recalls in the previous six-month period.

The recalls involved at least 3.8 million cars, and spanned the auto industry. Thirteen different car manufacturers have issued airbag recalls involving seven different suppliers. In some cases, the air bags failed to deploy in a crash, while, in others, they activated unexpectedly. In the most egregious airbag recalls to date, drivers were struck by shrapnel when the airbags deployed.

Unfortunately, there is little consumers can do to verify that airbags are functioning properly other than look out for a safety recall. To see if your airbag is subject to a safety recall, you can check the NHTSA’s recall database and sign up for email alerts. Additional information about counterfeit airbags can be found at www.SaferCar.gov.

Suit Alleges Doctors Operated on Wrong Side of Patient’s Brain

vaagelaw — Fri, 14 Jun 2013 02:55:47 +0000

A recent medical malpractice lawsuit in St. Louis highlights the devastating effects of a serious medical error. Doctors allegedly operated on the wrong side of a woman’s brain.

As reported by Saint Louis Today, the neurosurgeon performed a “right-sided craniotomy surgical procedure” when the patient, Regina Turner, 53, was scheduled for a “left-sided craniotomy bypass.”

“Before the incorrect surgery, plaintiff was mobile, cognizant and able to care for herself,” the suit alleges. “After the incorrect surgery, (Turner) requires around-the-clock care for her basic needs. … (She) will also continue to suffer from emotional distress, anxiety, disfigurement and depression.”

Unfortunately, wrong-site surgeries are more common than many might think. In 2010, the Journal of Neurosurgery identified 35 documented cases of wrong-side craniotomies from 1966 to 2009 in the United States.

As we have previously discussed on this San Diego Injury Blog, surgeons make over 4,000 preventable mistakes every year. In a recent Johns Hopkins study involving 9,744 cases of surgical error, more than 6 percent of patients died, while 32.9 percent suffered permanent injury.

Medical Malpractice Lawsuits Can Help Hospitals Improve Safety

vaagelaw — Thu, 13 Jun 2013 02:52:34 +0000

A recent article in the New York Times highlighted the key role medical malpractice lawsuits can play in improving hospital safety. The op-ed piece was written by UCLA law professor Joanna Schwartz, who performed a recent study about the relationship between negligence claims and patient safety.

As part of her research, Schwartz interviewed individuals performing risk and safety functions in hospital settings and surveyed 400 members of the American Society of Healthcare Risk Managers. The results revealed that hospitals use a variety of information to improve patient safety, including information obtained from medical malpractice lawsuits.

As she explains in the Times article, “My study also shows that malpractice suits are playing an unexpected role in patient safety efforts, as a source of valuable information about medical error. Over 95 percent of the hospitals in my study integrate information from lawsuits into patient safety efforts. And risk managers and patient-safety personnel overwhelmingly report that lawsuit data have proved useful in efforts to identify and address error.”

Schwartz concludes that many concerns about medical malpractice lawsuits are unfounded, including caps on damages. “Because lawsuits help to identify incidents and details of medical error, limitations on lawsuits may actually impede patient safety efforts,” she states.

As San Diego injury lawyers, we are well aware of the value of taking legal action after a serious medical error. However, we were pleased to see the role of medical malpractice lawsuits supported by significant data.

San Diego Child Product Safety Alert: Pottery Barn Crib Bumpers Recalled

vaagelaw — Wed, 12 Jun 2013 02:47:08 +0000

We want our readers to be aware of an important safety recall of popular crib bumpers. The recall specifically involves 12,000 Sweet Lambie Crib Bumpers sold by Pottery Barn.

According to the U.S. Consumer Protection Safety Commission, the thread in the decorative stitching on the bumper can loosen, posing an entanglement hazard to infants. Pottery Barn has received two reports of the decorative stitching coming loose and entangling children, including reports of the thread wrapping around a child’s neck. Thankfully, no serious injuries have been reported.

The defective crib bumpers were manufactured from April 2009 through July 2012. The cotton bumpers are padded and fit standard cribs. Lambs in grass and lambs with trees are embroidered on the interior and exterior of the bumpers. They were available in the colors pink, blue and ivory/oatmeal. Model number “708859,” “708917” or “7988348” and “Sweet Lambie Bumper” appear on a tag fastened to the bottom edge of the bumpers. The date of manufacture in MM/YYYY format is printed on a tag attached to the bumper near the model number tag.

Parents and caregivers are advised to check the date of manufacture to determine if their crib bumper is impacted. Consumers with recalled bumpers should contact Pottery Barn Kids for instructions on how to return the bumpers to receive a gift card in the amount of a full refund or a replacement bumper and to receive free return shipping for recalled bumpers.

California Leads Country in Dog Bite Claims

vaagelaw — Tue, 11 Jun 2013 02:41:50 +0000

Dogs may be man’s best friend, but they also bite 4.7 million Americans every year. In California, we may be at higher risk than the rest of the country.

A recent study by State Farm Insurance found California had the highest number of dog bite claims in the country, with 451 claims costing $17.1 million. In total, State Farm had 3,670 dog bite claims in 2012 and paid more than $108 million.

As San Diego injury lawyers, we have seen how devastating dog bites injuries can be, particularly for small children. Serious bites often require reconstructive surgery and may even leave permanent scarring.

Unfortunately, children are the most frequent dog bite victims. In fact, they account for half of all dog bite injury victims.

We encourage parents to teach children basic safety around dogs. Below are some tips from the Centers for Disease Control and Prevention:

Do not approach an unfamiliar dog.
Do not run from a dog and scream.
Remain motionless (e.g., “be still like a tree”) when approached by an unfamiliar dog.
If knocked over by a dog, roll into a ball and lie still (e.g., “be still like a log”).
Do not play with a dog unless supervised by an adult.
Immediately report stray dogs or dogs displaying unusual behavior to an adult.
Avoid direct eye contact with a dog.
Do not disturb a dog who is sleeping, eating, or caring for puppies.
Do not pet a dog without allowing it to see and sniff you first.
If bitten, immediately report the bite to an adult.

If you or someone you love has been seriously injured in an animal attack, don’t hesitate to contact a San Diego personal injury attorney at the Law Offices of Robert Vaage for a free consultation.

San Diego Defective Vehicle Alert: Chrysler Recalls Nearly 470,000 Jeeps

vaagelaw — Fri, 07 Jun 2013 16:29:38 +0000

As San Diego product liability attorneys, we understand that finding out your vehicle has been the subject of a safety recall can be very alarming. However, defective vehicles often pose serious safety risks.

With this in mind, we would to share a recent Chrysler Corporation recall involving Jeep SUVs. The recall specifically involves the 2005 through 2010 Jeep Grand Cherokee and the 2006 through 2010 Jeep Commander.

According to the National Highway Transportation Safety Administration, the vehicles have defective circuit boards, which can cause problems when starting the SUVS. If the vehicles shift into neutral, they can roll away.

So far, the faulty circuit boards have been linked to 26 crashes and two injuries. The carmaker launched the investigation after being notified by a vehicle owner that the SUV rolled away after being started remotely.

Owners of the recalled Jeep Cherokee and Commander vehicles will receive notifications in coming weeks. They will be instructed to take their vehicles to local dealers who will perform a software update to remedy the problem.

San Diego Child Product Safety Alert: Bean Bag Chairs Recalled Due to Suffocation Hazard

vaagelaw — Thu, 06 Jun 2013 16:27:38 +0000

We want our readers to be aware of an important safety recall of popular bean bag chairs. The recall specifically involves 6,300 Anywhere Lounger Bean Bag Chairs.

According to the U.S. Consumer Product Safety Commission, the bean bag chairs pose both a suffocation and strangulation hazard. They do not have a permanent zipper closure, which allows young children to unzip, ingest or inhale the small beads inside of the bean bag chair.

The defective Anywhere Lounger bean bag chairs are 100% polyester or 100% cotton and measure about 51 inches in height with a 43 inch wide base. Recalled colors include purple (item 199-B004), chocolate (item 199-B005), bayou blue (item 199-B006), pink (item 199-B007), lime green (item 199-B008), denim (item 199-B009), black and white (item 199-B012), striped black and white (item 199-B014), natural (item 199-B016) and camo (item 199-B017). The product was sold Furniture stores nationwide and online at www.Groupon.com from June 2012 to February 2013 for about $100.

Parents and caregivers should immediately take the Anywhere Lounger away from young children, inspect the bean bag chair to see if the exterior zipper can be opened. If it can, contact Powell Company to receive a free Safety Enhancement Repair Kit.

Rental Car Safety Back on Legislative Agenda

vaagelaw — Thu, 06 Jun 2013 02:25:40 +0000

Lawmakers have reintroduced federal legislation to improve the safety of rental cars. The Raechel and Jacqueline Houck Safe Rental Car Act of 2013 would ban car rental companies from allowing consumers to rent or sell vehicles that are under manufacturer recall.

Unlike prior efforts to pass a ban, the current legislation is supported by all the major car rental companies – Hertz, Enterprise, Avis Budget, Dollar Thrifty, and National – as well as the American Car Rental Association. Therefore, we are hopeful that it will pass.

As we have previously discussed on this San Diego Injury Blog, there is currently no legislation at the federal level requiring rental car companies to pull recalled vehicles off the road. While companies are prohibited from selling a recalled vehicle, the same does not apply to renting a recalled vehicle.

The bill is named after two young women who died in a 2004 California car accident involving an Enterprise rental car. A month before Enterprise Rent-a-Car rented a PT Cruiser to Raechel Houck, 24, and her sister Jacqueline, 20, the rental agency was informed of a serious safety defect—power steering fluid could leak and ignite under the hood. Because Enterprise failed to remove the vehicle from its fleet of rental cars, the two sisters later died in a fiery crash.