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D'Amico, Griffin and Pettinicchi, LLC Legal Blog

Diagnosis of condition important part of treatment

When it comes to treating an injury to a child, the approach is not always the same as for adults. Tools used when assessing adults may in fact do more harm in the long run to children. One situation where this may be the case is where blunt head trauma is concerned.

Computed tomography, also referred to CT is one of the most often used methods of determining the severity of a blunt head trauma injury in children. While it is effective in determining the severity of the injury, it could ultimately lead to other health issues in the future for children, such as radiation-induced malignancies. In cases where a head injury is minor, the risk associated with the use of this diagnostic tool can make it less desirable to use.

Survey: Public against increasing truck driving hours allowed

As is the case in any type of motor vehicle accident, there are multiple reasons why a truck accident might occur. A reason getting a lot of attention lately is drowsy drivers. Despite this, a senator recently amended the Senate appropriations bill to increase the amount of hours a truck driver would be allowed to drive. Specifically, per week, the amendment seeks to increase the hours allowed to 82 from the current standard of 70 hours per week.

Tips on keeping child pedestrians safe on Halloween

As many parents of children are well aware, Halloween is one of their favorite days of the year. For many children, the excitement tied to picking a costume, dressing up and heading out to get candy makes it a day that is looked forward to for weeks and sometimes even months in advance. Unfortunately with so many young children running around in the dark, the evening can be dangerous as well as drivers are not accustomed to a large amount of children running through the neighborhood.

There are steps that both pedestrians as well as drivers can take to reduce the risk of an accident occurring.

Product defect could be to blame in motorcycle accidents

When it comes to causes of motor vehicle accidents, driver error is often to blame. This is true regardless of the type of vehicle involved, including motorcycles. There are however other factors that may contribute to a crash occurring. One of these is a defect in the vehicle.

In situations where a defect is uncovered, it is incumbent upon the manufacturer to let the public know about the issue. This is accomplished by filing a public report in conjunction with a recall. This public report must contain several pieces of information.

Laparoscopic Power Morcellators Pose Serious Risk of Spreading Unsuspected Cancer, Significantly Worsening Patients' Long-Term Survival Odds

Wall Street Journal reports http://online.wsj.com/articles/gynecologists-push-back-on-fdas-caution-about-cancer-when-using-morcellation-in-hysterectomies-1411358341 that doctors across the country continue to use a gynecological tool, called a morcellator, to remove common benign uterine growths called fibroids even after the FDA warned, this past April http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm393689.htm that it can spread undetected cancer.

Electronic health records - lawyers beware when requesting

As medical records have transitioned to the era of the electronic health record(EHR), also electronic medical record(EMR), lawyers requesting records must beware. In the old days when records were written, regulations often provided that if a change was made to the record it was to be crossed out by a single line and initialed so that the change made was clear. With the rise of the EMR, changes are not known based on the records typically provided pursuant to authorization. As an analogy when a document is created in Word, unless the "track changes" feature is activated, any changes made are not visible in the final document. It is therefore imperative that when requesting an EMR that the audit log, sometimes referred to as audit trail, is obtained. This audit log will typically show when the EMR was accessed, by whom and why. Even still the audit log often does not show what the content was that was changed. To acquire the content change it is necessary to ask for what is colloquially referred to as the "edit trail" or edit history. Edit trails are not always maintained but regardless should be requested with the audit log. The audit log together with the edit trail will provide the majority of important information to the requesting attorney. There are other parts of an EMR referred to as clinical decision support(CDS) features. CDS includes alerts and reminders for the health care provider when certain data is input into the EMR. An example would be an alert that a new medication interacts with an existing medication. In sum, the world of medical records has become less transparent than in the past and a detailed analysis of the EMR is necessary to understand the care provided to a patient.

State fines nursing homes for maltreatment of residents

Most individuals are concerned about the care their loved ones receive. It may be this sentiment that prompts some residents of the state of Connecticut to place someone for whom they are responsible for, into a nursing home. In these types of settings individuals can receive care not only during the day, but when necessary, at night as well. While the level of care received is often acceptable, sometimes it does not meet the prescribed standards. In these situations it is possible that a resident can be hurt.

The state of Connecticut has taken action against six nursing homes operating within its boundaries. The facilities have been fined varying amounts by the Department of Health for issues with the care provided to residents.

A medical malpractice overview

The average resident of Connecticut does not have a medical education. Because of this when someone is injured or becomes ill, they seek assistance from a medical professional such as a doctor. While in many cases the care received is beneficial and improves the health of the person seeking medical attention, this is not always the case. In some instances the care provided actually makes the patient’s health worse and may even lead to their death.

There is no question that someone facing this type of situation is often overwhelmed. While the main focus of someone who is still alive, but facing a more difficult medical situation, is obviously to try to heal, they may want to explore legal options as well. The same goes for the family members of a patient who dies as a result of the care provided by a health care professional.

New Connecticut pedestrian law went into effect Oct. 1

When a pedestrian is struck by a car or truck, the injuries suffered often disproportionately affect the person walking or on a bicycle. The lack of protection pedestrians have as compared to those in vehicles means that those injuries can be quite significant and sometimes even lead to death. Lawmakers in the state of Connecticut take the safety of residents seriously and recently passed a law designed to reduce the number of pedestrian fatalities that occur after being struck by a car.

Financial considerations to keep in mind when divorcing

When in a difficult situation, for many people there is a natural inclination to do whatever is necessary to get out of it as quickly as possible. While in some instances this is a good approach, in others it is better to take one’s time. Divorce may one of those occasions, particularly if you have not been involved in financial matters in the course of your marriage. While either spouse could find themselves in this situation, often it is women who find themselves in this role. 

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