A recent U.S. Coast Guard report provides that 4,904 recreational boating accidents occur annually resulting in 676 fatalities, 3,363 injuries, and $35,038,306 of property damage.
Whether on a luxury cruise, fishing trip, diving expedition, or just water skiing, boating has become an increasingly dangerous and injurious activity.
Types and Causes of Boating Accidents
Although collisions are the most reported type of accident, and capsizing and falling overboard account for over half of all fatalities, boating accidents also include sinking/flooding, explosions, disappearance and fire.
Boating accidents are caused by carelessness or reckless operation, operator inattention or inexperience, excessive speed, and operating a watercraft under the influence of alcohol.
Boating accidents also result from poorly designed boats including failure of the boat's machinery or hull.
Boating Accidents Reports
A boating accident report must be filed when a life is lost, an injury occurs requiring medical attention beyond first aid, damage is caused by or to the vessel and other property, or any person disappears under circumstances indicating death or injury.
Boating accident reports must be filed within 48 hours if a person dies or requires treatment beyond first aid and 10 days if there is only damage to the boat and/or other property.
Laws Governing Boat Accidents
Boating accidents are governed by local, county and state criminal and civil laws requiring operating a watercraft in a safe, non-negligent manner.
Boat owners must also must be careful about allowing others to operate their vessel because, regardless of the operator, “accident causing” boat owners may be liable for damages.
Failure to remain on the scene, provide aid or timely report accident to the applicable authorities is also a crime.
Steps to Take if Injured in a Boating Accident
If injured in a boat accident, you have the right to be compensated for property damage, medical expenses, lost wages, pain and suffering, and any permanent injury.
To protect your rights after a boating accident injury:
○seek medical treatment as soon as is possible;
○obtain all accident information your including names and contact information of all parties and witnesses, insurance information and reports;
○Talk to no one about your accident other than law enforcement officials. Anything you say to an insurance company may make it harder to settle your claim.
○Sign nothing, especially a release form, without talking to an attorney first.
Wednesday, May 26, 2010
Wednesday, April 28, 2010
Infant Deaths Prompt Safety Commission Warning About Sling Carriers
After fourteen (14) deaths associated with sling-style infant carriers, twelve (12) of which involved babies under four (4) months old, the U.S. Consumer Product Safety Commission ("CPSC") is cautioning parents about using infant slings.
Slings pose two (2) different types of baby suffocation hazards.
First, because of weak neck muscles during the first few months of life, babies are unable to control their heads and the sling's fabric can press against the nose and mouth, block breathing, and suffocate a baby within a minute.
Second, where a sling keeps the infant in a curled position bending the chin toward the chest, airways are restricted limiting the oxygen supply suffocating the baby and preventing cries for help.
Further, because many of the babies who died in slings were a low birth weight twin, born prematurely, or had breathing issues, parents of preemies, twins, babies in fragile health and those with low weight are urged to use extra care and consult pediatricians before using slings.
Slings were recently added to the "infant products requiring a mandatory standard" list and the CPSC recommends that the infant's face is not covered and kept visible to the sling's wearer.
Further, if nursing in a sling, change the baby's position after feeding so the infants head is facing up and clear of the sling and the mother's body.
Slings pose two (2) different types of baby suffocation hazards.
First, because of weak neck muscles during the first few months of life, babies are unable to control their heads and the sling's fabric can press against the nose and mouth, block breathing, and suffocate a baby within a minute.
Second, where a sling keeps the infant in a curled position bending the chin toward the chest, airways are restricted limiting the oxygen supply suffocating the baby and preventing cries for help.
Further, because many of the babies who died in slings were a low birth weight twin, born prematurely, or had breathing issues, parents of preemies, twins, babies in fragile health and those with low weight are urged to use extra care and consult pediatricians before using slings.
Slings were recently added to the "infant products requiring a mandatory standard" list and the CPSC recommends that the infant's face is not covered and kept visible to the sling's wearer.
Further, if nursing in a sling, change the baby's position after feeding so the infants head is facing up and clear of the sling and the mother's body.
Structured Settlements in Personal Injury Cases
You just achieved a sizable personal injury settlement or court award.
While receiving the funds in a “lump sum” sound appealing, having the monies distributed in a “structured settlement” often makes more sense.
What is a Structured Settlement
Any personal injury settlement or court award you achieve is reduced by costs associated with a legal action including:
○Attorneys' fees and costs advanced by the lawyer;
○Unpaid costs for treatment resulting from injury; and
○Medical and related costs paid by your insurance carrier.
After costs are deducted, the remaining amount may be paid either in a lump sum or a
"structured settlement," i.e., where monies are paid out in specified increments over a set period of time.
Structured settlements are often favored by the insurance companies paying the monies for reasons including:
○Because most lump-sum awards are exhausted within 5 years, protects against injured party spending award too quickly;
○When injuries are catastrophic, award may be needed to satisfy future income and
medical care needs;
○Many courts are unwilling to allow parents to manage awards on behalf of minors, for fear that they may spend it; and
○May avoid costs associated with lawsuit’s filing and prosecution.
Procedure for Structured Settlements
Although procedures and laws governing structured settlements vary from state to state, common elements often include:
○Negotiations – To determine amount and duration of needed periodic payments, financial planners or other experts are often consulted.
○Determination of award amount – There must be a determination regarding available amount for periodic payments. This calculation may include setting aside amounts needed for attorneys' fees, costs, payment of outstanding medical fees, medical needs in the near future, and lump sum needed by injured party.
○Annuity Contract – Parties must select and negotiate an "annuity contract" to fund the periodic payments. Annuity contracts are offered by insurance companies and may entail one lump-sum payment for a guaranteed stream of payments for a specified time or even for the recipient’s life.
○Drafting Agreement – Because most jurisdictions require court approval for structured settlements, the finalized agreement must be drafted and adopted bythe court.
Tax Benefit of Structured Settlements
Beyond providing a stream of income for a specified period or for life, structured settlements may offer federal tax advantages.
The Internal Revenue Code may allow an injured taxpayer to exclude monies received for physical injuries or sickness from his taxable income, whether from an award in a lawsuit or a negotiated settlement.
Further, annuity payments are based upon various factors, including how long the recipient is likely to live. An injured party may live longer and end up receiving substantially more than the original award or settlement, but the excess may be tax free if he never had receipt of the funds used to buy the annuity and has no ownership rights in it.
While receiving the funds in a “lump sum” sound appealing, having the monies distributed in a “structured settlement” often makes more sense.
What is a Structured Settlement
Any personal injury settlement or court award you achieve is reduced by costs associated with a legal action including:
○Attorneys' fees and costs advanced by the lawyer;
○Unpaid costs for treatment resulting from injury; and
○Medical and related costs paid by your insurance carrier.
After costs are deducted, the remaining amount may be paid either in a lump sum or a
"structured settlement," i.e., where monies are paid out in specified increments over a set period of time.
Structured settlements are often favored by the insurance companies paying the monies for reasons including:
○Because most lump-sum awards are exhausted within 5 years, protects against injured party spending award too quickly;
○When injuries are catastrophic, award may be needed to satisfy future income and
medical care needs;
○Many courts are unwilling to allow parents to manage awards on behalf of minors, for fear that they may spend it; and
○May avoid costs associated with lawsuit’s filing and prosecution.
Procedure for Structured Settlements
Although procedures and laws governing structured settlements vary from state to state, common elements often include:
○Negotiations – To determine amount and duration of needed periodic payments, financial planners or other experts are often consulted.
○Determination of award amount – There must be a determination regarding available amount for periodic payments. This calculation may include setting aside amounts needed for attorneys' fees, costs, payment of outstanding medical fees, medical needs in the near future, and lump sum needed by injured party.
○Annuity Contract – Parties must select and negotiate an "annuity contract" to fund the periodic payments. Annuity contracts are offered by insurance companies and may entail one lump-sum payment for a guaranteed stream of payments for a specified time or even for the recipient’s life.
○Drafting Agreement – Because most jurisdictions require court approval for structured settlements, the finalized agreement must be drafted and adopted bythe court.
Tax Benefit of Structured Settlements
Beyond providing a stream of income for a specified period or for life, structured settlements may offer federal tax advantages.
The Internal Revenue Code may allow an injured taxpayer to exclude monies received for physical injuries or sickness from his taxable income, whether from an award in a lawsuit or a negotiated settlement.
Further, annuity payments are based upon various factors, including how long the recipient is likely to live. An injured party may live longer and end up receiving substantially more than the original award or settlement, but the excess may be tax free if he never had receipt of the funds used to buy the annuity and has no ownership rights in it.
Saturday, February 27, 2010
Mishandled Labor Causing Birth Trauma and Injuries
Birth Trauma and Injuries and Causes
Complications in the labor and delivery process - - called “birth trauma and injuries” - - create multiple problems for a newborn baby.
For example, oxygen deprivation, occurring when the umbilical cord is compressed and/or twisted in the birth process, is a huge cause of birth injuries.
“Mechanical trauma” is also a major cause and occurs when the baby assumes an unusual position at the time of birth.
Red flags as to trauma and injury during pregnancy or birth include excessive bleeding, long labor, breech births, fetal distress and excessive water retention and weight gain.
Birth injuries occurring during labor or delivery include seizures, meconium aspiration, fetal distress, excessive bleeding, fever, brachial plexus, cerebral palsy, and shoulder dystocia.
Cerebral Palsy
“Cerebral palsy” describes a group of disorders affecting movement control including jaundice, kidney or urinary tract infection, viral infection or measles, oxygen deprivation during delivery, bleeding, head injury, bacterial meningitis, and viral encephalitis.
Cerebral palsy has no one cause and may result from an injury to the brain before, during, or after birth.
Factors suggesting that cerebral palsy results from improper medical care or insult to the brain during the birthing process include seizures developing within 24-48 hours of birth, blue skin, infant needing resuscitation shortly after delivery because he is not breathing, poor sucking or problems maintaining temperature after birth, and meconium (fecal) staining on the body at the time of delivery.
Erb's Palsy, Brachial Plexus Palsy
Erb's Palsy, Brachial Plexus Palsy occurs when excessive lateral traction is applied to the fetal neck region during delivery tearing nerves resulting in a limp arm.
Tearing of these nerves can cause permanent arm paralysis, the most common forms are
“Neuropraxia” (stretching - - but not a tear - - of tnerve from which child usually recovers without treatment) and “Neuroma” (where nerves are torn and heal leaving scar tissue exerting pressure, and disabling, nerve).
Surgery can improve nerve rupture (i.e., when stretching causes nerve tear at any point except at spinal attachment) or avulsion (i.e., when nerve tears at spinal attachment).
Shoulder Dystocia
Shoulder dystocia refers to a complication in which the baby’s shoulder gets caught behind the mother’s pelvic bone preventing the baby from breathing.
Methods of changing mother’s position allowing her pelvis to open - - and the baby's shoulder to pass through - - include reaching into birth canal and turning child, “McRoberts Maneuver” (flexing legs toward shoulder and placing pressure above pubic bone to allow room for baby to shift), “Woods Maneuver” (applying pressure to free shoulder to turn baby's body and release trapped shoulder) and pushing baby back in and performing a Caesarian Section.
If you or a have been harmed by doctor error, medical malpractice, mishandled labor, or other forms of medical negligence, contact us at schain@schaininjury.com today.
Complications in the labor and delivery process - - called “birth trauma and injuries” - - create multiple problems for a newborn baby.
For example, oxygen deprivation, occurring when the umbilical cord is compressed and/or twisted in the birth process, is a huge cause of birth injuries.
“Mechanical trauma” is also a major cause and occurs when the baby assumes an unusual position at the time of birth.
Red flags as to trauma and injury during pregnancy or birth include excessive bleeding, long labor, breech births, fetal distress and excessive water retention and weight gain.
Birth injuries occurring during labor or delivery include seizures, meconium aspiration, fetal distress, excessive bleeding, fever, brachial plexus, cerebral palsy, and shoulder dystocia.
Cerebral Palsy
“Cerebral palsy” describes a group of disorders affecting movement control including jaundice, kidney or urinary tract infection, viral infection or measles, oxygen deprivation during delivery, bleeding, head injury, bacterial meningitis, and viral encephalitis.
Cerebral palsy has no one cause and may result from an injury to the brain before, during, or after birth.
Factors suggesting that cerebral palsy results from improper medical care or insult to the brain during the birthing process include seizures developing within 24-48 hours of birth, blue skin, infant needing resuscitation shortly after delivery because he is not breathing, poor sucking or problems maintaining temperature after birth, and meconium (fecal) staining on the body at the time of delivery.
Erb's Palsy, Brachial Plexus Palsy
Erb's Palsy, Brachial Plexus Palsy occurs when excessive lateral traction is applied to the fetal neck region during delivery tearing nerves resulting in a limp arm.
Tearing of these nerves can cause permanent arm paralysis, the most common forms are
“Neuropraxia” (stretching - - but not a tear - - of tnerve from which child usually recovers without treatment) and “Neuroma” (where nerves are torn and heal leaving scar tissue exerting pressure, and disabling, nerve).
Surgery can improve nerve rupture (i.e., when stretching causes nerve tear at any point except at spinal attachment) or avulsion (i.e., when nerve tears at spinal attachment).
Shoulder Dystocia
Shoulder dystocia refers to a complication in which the baby’s shoulder gets caught behind the mother’s pelvic bone preventing the baby from breathing.
Methods of changing mother’s position allowing her pelvis to open - - and the baby's shoulder to pass through - - include reaching into birth canal and turning child, “McRoberts Maneuver” (flexing legs toward shoulder and placing pressure above pubic bone to allow room for baby to shift), “Woods Maneuver” (applying pressure to free shoulder to turn baby's body and release trapped shoulder) and pushing baby back in and performing a Caesarian Section.
If you or a have been harmed by doctor error, medical malpractice, mishandled labor, or other forms of medical negligence, contact us at schain@schaininjury.com today.
Wednesday, January 27, 2010
Spinal Cord Injuries
What is the Spinal Cord
The spinal cord is a long, thin tubular bundle of nervous tissue and support cells extending from the brain down the middle of the back. It is surrounded and protected by the bony vertebral column.
The spinal cord carries messages between the brain and the rest of the body allowing you to move, feel, and touch.
The lower spine has a series of vertebra through which the spinal cord runs. Each vertebra is separated by a disc cushioning the vertebra and promoting comfortable disc movement as we bend. Nerves controlling the lower body’s muscle function branch from the spinal cord and pass through spaces in the vertebra as they connect to various muscles.
What is a Spinal Cord Injury
Spinal cord injuries stop the flow of messages below the site of the injury. The closer the injury is to the brain, the more the body is affected.
The discs separating the vertebra are made up of a jelly-like center disc material encased in a strong fibrous like covering. If the disc covering is damaged, the disc material partially escapes causing the disc material to come into contact with an adjacent nerve root coming off the spinal cord or touching or impinging upon the spinal cord itself.
The escape of the disc material from within a lumbar disc is called a "herniation".
How Are Spinal Cord Injuries Caused
Spinal cord injuries commonly result from trauma caused by a car accident, motorcycle accident, or fall.
Radiologists distinguish how much the disc material is pushing out of the disc with terms like bulge (the least amount), protrusion, herniation and frank herniation (total escape of the material). These conditions may be caused by the wear and tear process of disc degeneration as we age, an injury from trauma, or a combination of the two.
Pain Created By Spinal Cord Injuries
The escaped disc material’s contact with the nerves causes pain and, for most people with a herniated disc, low back pain is initial symptom.
The pain may last for a few days, then improve and often is followed by the eventual onset of additional symptoms such as numbness, weakness and leg pain.
This leg pain typically occurs in - - and moves through - - the back and buttock down into the knee, ankle and foot.
Symptoms include back pain, leg and/or foot pain (sciatica), and weakness/numbness in the leg and/or foot.
Whiplash Distinguished From Spinal Cord Injury
“Whiplash” is a non-medical term describing neck pain often diagnosed as cervical sprain, cervical strain, or hypertension injury.
Whiplash is caused by the neck and head being thrown suddenly backward then forward upon impact, such as in a car crash.
The impact forces the neck and head beyond their normal range of movement, causing tissue damage and pain.
The spinal cord is a long, thin tubular bundle of nervous tissue and support cells extending from the brain down the middle of the back. It is surrounded and protected by the bony vertebral column.
The spinal cord carries messages between the brain and the rest of the body allowing you to move, feel, and touch.
The lower spine has a series of vertebra through which the spinal cord runs. Each vertebra is separated by a disc cushioning the vertebra and promoting comfortable disc movement as we bend. Nerves controlling the lower body’s muscle function branch from the spinal cord and pass through spaces in the vertebra as they connect to various muscles.
What is a Spinal Cord Injury
Spinal cord injuries stop the flow of messages below the site of the injury. The closer the injury is to the brain, the more the body is affected.
The discs separating the vertebra are made up of a jelly-like center disc material encased in a strong fibrous like covering. If the disc covering is damaged, the disc material partially escapes causing the disc material to come into contact with an adjacent nerve root coming off the spinal cord or touching or impinging upon the spinal cord itself.
The escape of the disc material from within a lumbar disc is called a "herniation".
How Are Spinal Cord Injuries Caused
Spinal cord injuries commonly result from trauma caused by a car accident, motorcycle accident, or fall.
Radiologists distinguish how much the disc material is pushing out of the disc with terms like bulge (the least amount), protrusion, herniation and frank herniation (total escape of the material). These conditions may be caused by the wear and tear process of disc degeneration as we age, an injury from trauma, or a combination of the two.
Pain Created By Spinal Cord Injuries
The escaped disc material’s contact with the nerves causes pain and, for most people with a herniated disc, low back pain is initial symptom.
The pain may last for a few days, then improve and often is followed by the eventual onset of additional symptoms such as numbness, weakness and leg pain.
This leg pain typically occurs in - - and moves through - - the back and buttock down into the knee, ankle and foot.
Symptoms include back pain, leg and/or foot pain (sciatica), and weakness/numbness in the leg and/or foot.
Whiplash Distinguished From Spinal Cord Injury
“Whiplash” is a non-medical term describing neck pain often diagnosed as cervical sprain, cervical strain, or hypertension injury.
Whiplash is caused by the neck and head being thrown suddenly backward then forward upon impact, such as in a car crash.
The impact forces the neck and head beyond their normal range of movement, causing tissue damage and pain.
Thursday, December 10, 2009
Amherst Bowl Father Son Football Tournament
Several years ago I put together a father son Thanksgiving Day football game hoping to fill those empty morning hours and hang out with my son.
I succeeded beyond my wildest dreams.
Celebrating its 6th year, the tournament, christened "The Amherst Bowl", has swollen to 127 players spanning 6 football fields and 12 teams playing 5 continuous football games in authentic AFC or NFC team jerseys.
The trash talk begins on Labor Day and echoes through our Township’s lunchrooms and playing fields with kids wearing prior years’ jerseys like badges of glory.
During Thanksgiving’s wet early morning hours, we map out and line the fields and set up tables overflowing with cakes, water, hot chocolate and coffee.
The horde shows up at around 8:00 a.m. eager to see to which to team they have been assigned, whom their teammates will be, and exactly how gloriously muddy the field is.
Shirts are distributed, rules are gone over, and at 8:30 a.m. the carnage begins.
During the ensuing rigidly timed five games, fathers put their middle aged bodies at risk while relieving their youth and playing football with their sons.
Throughout the morning soccer balls, cleats and shin guards are collected and donated to "Heads Up Soccer" which transports and distributes them to impoverished third world youth.
Additionally, monies raised are donated to "Katie at the Bat" (http://www.katieatthebatteam.org/), improving inner-city youths’ lives through athletics, literacy, nutrition and health, and the arts, and "Adam Spandorfer Memorial Fund" (http://www.adamsfield.org/), raising monies for Variety Camp where children with disabilities can play baseball.
Although, at the Tournament’s end, some dads needed help getting off of the field, Thanksgiving tables were abuzz that evening with boasts of heroic plays, grudges revisited, and glorious victories.
Until next year, when we do it bigger and better and raise more equipment and money.
Wednesday, October 28, 2009
Nursing Home Abuse & Neglect
Physical and mental abuse and neglect of our elderly is a silent and disgusting crime.
According to a recent congressional report, elderly abuse and neglect violations serious enough to cause actual harm or place residents in immediate jeopardy of death or serious injury occur in more than 1,600 of this country’s 17,000 nursing homes.
Since 1996 the percentage of nursing homes cited for abuse has doubled.
Causes of Abuse and Neglect
Because it has only focused on housing the elderly at the lowest possible cost, the nursing home industry’s indifference to level of care has resulted in staffing with minimal qualifications, insufficient training, low wages, and high turnover.
For example, because each certified Nursing Assistant is typically responsible for 15-20 residents per 7.5 hour shift, nursing home residents receive no more than 30 minutes of daily attention.
As a result of being virtually ignored, residents suffer serious and life-threatening problems including weight loss, failure to treat pressure sores or manage pain effectively, hospitalization, malnutrition, dehydration and even starvation.
Further, fearful of reprisals and losing whatever support they have, elderly with disabilities are unlikely to complain about abuse, neglect or victimization.
Signs & Symptoms of Nursing Home Abuse and Neglect
Early warning signs of nursing home abuse and neglect include:
1. unexplained bruises, cuts, burns, sprains, or fractures in various stages of healing;
bedsores or frozen joints;
2. unexplained venereal disease or genital infections, vaginal or anal bleeding, torn, stained, or blooding underclothing;
3. sudden changes in behavior;
4. staff refusing to allow visitors to see resident or delays in allowing visitors to see resident;
5. staff not allowing resident to be alone with visitor;
6. resident being kept in an over-medicated state;
7. loss of resident's possessions;
8. sudden large withdrawals from bank accounts or changes in banking practices; or
9. abrupt changes in will or other financial documents.
Nursing Homes Held Accountable for Abuse and Neglect
After years of providing poor elder care, nursing homes are finally being held accountable.
A flood of lawsuits have been filed and grieving families are receiving compensation for pain, suffering and the untimely death of loved ones.
If your elderly loved one has been neglected, abused, or injured while in the care of a nursing home or other healthcare facility, contact schain@schaininjury.com today.
According to a recent congressional report, elderly abuse and neglect violations serious enough to cause actual harm or place residents in immediate jeopardy of death or serious injury occur in more than 1,600 of this country’s 17,000 nursing homes.
Since 1996 the percentage of nursing homes cited for abuse has doubled.
Causes of Abuse and Neglect
Because it has only focused on housing the elderly at the lowest possible cost, the nursing home industry’s indifference to level of care has resulted in staffing with minimal qualifications, insufficient training, low wages, and high turnover.
For example, because each certified Nursing Assistant is typically responsible for 15-20 residents per 7.5 hour shift, nursing home residents receive no more than 30 minutes of daily attention.
As a result of being virtually ignored, residents suffer serious and life-threatening problems including weight loss, failure to treat pressure sores or manage pain effectively, hospitalization, malnutrition, dehydration and even starvation.
Further, fearful of reprisals and losing whatever support they have, elderly with disabilities are unlikely to complain about abuse, neglect or victimization.
Signs & Symptoms of Nursing Home Abuse and Neglect
Early warning signs of nursing home abuse and neglect include:
1. unexplained bruises, cuts, burns, sprains, or fractures in various stages of healing;
bedsores or frozen joints;
2. unexplained venereal disease or genital infections, vaginal or anal bleeding, torn, stained, or blooding underclothing;
3. sudden changes in behavior;
4. staff refusing to allow visitors to see resident or delays in allowing visitors to see resident;
5. staff not allowing resident to be alone with visitor;
6. resident being kept in an over-medicated state;
7. loss of resident's possessions;
8. sudden large withdrawals from bank accounts or changes in banking practices; or
9. abrupt changes in will or other financial documents.
Nursing Homes Held Accountable for Abuse and Neglect
After years of providing poor elder care, nursing homes are finally being held accountable.
A flood of lawsuits have been filed and grieving families are receiving compensation for pain, suffering and the untimely death of loved ones.
If your elderly loved one has been neglected, abused, or injured while in the care of a nursing home or other healthcare facility, contact schain@schaininjury.com today.
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