• Toll Free 888-691-0990
  • Local 602-910-6779
Call Today for your
Free initial consultation

Phoenix Personal Injury Law Blog

Study: Hands-free texting just as dangerous as manual texting

Photo of Harris, Powers & Cunningham, P.L.L.C.

Arizona drivers may be interested to learn that the AAA Foundation for Traffic Safety has published a study on hands-free voice-activated in-car technologies that allow drivers to make phone calls, text and use social networking sites while driving. The study found that these technologies can still cause the mental distraction blamed for often causing a car accident.

According to the report, the reaction time slows while the mental workload increases. Drivers pay less attention to the road as they drive and may not be able to stop for signs, pedestrians or other motor vehicles. The mental distractions of hands-free talking or texting may also narrow the driver's field of vision, and they may not see objects that come into their paths.

Calculating the value of a human life

Photo of Harris, Powers & Cunningham, P.L.L.C.

For years, researchers, experts and lawyers in Arizona and across the nation have been trying to determine the value of a human life. Depending on who is conducting the study, they use a number of different methods and arrive at wildly varying amounts.

For example, a wrongful-death lawsuit calculates the worth of someone's life by using tort law, which is their future earning potential. In a 2012 case in Hawaii, believed to be the largest in the state's history, two women died after they fell while hiking on a trail that wasn't marked well. When the lawsuit finally settled, the state paid $425,000 for one of the women, from Columbia, while the state paid $15 million for the other woman, a lawyer from California.

Diagnostic errors more common than many think

Photo of Harris, Powers & Cunningham, P.L.L.C.

Arizona residents are more likely to be worried about medication errors and wrong site surgeries when seeking medical care, but the most common mistake doctors are likely to make are diagnostic. Diagnostic errors are far more likely than most people are aware, and they have potentially fatal consequences. According to an associate professor at Johns Hopkins School of Medicine, misdiagnosis occurs "all of the time" and mostly in primary-care settings.

In spite of the frequency of diagnostic errors, the medical community has not paid as much attention to late and wrong diagnoses as other types of mistakes. In the 1991 landmark report on medical errors done by the Institute of Medicine, misdiagnosis was only mentioned two times. There are several theories as to why diagnostic errors receive so little attention, and they include the lack of data about these mistakes and how difficult it is to identify their cause.

Woman convicted in car accident death of two boys

Photo of Harris, Powers & Cunningham, P.L.L.C.

Arizona allows those who cause car accidents by extremely negligent behavior, such as drunk driving, to be charged with criminal charges up to and including murder, depending on the circumstances. A California jury recently convicted a 57-year-old woman of two counts of second-degree homicide in the wrongful death of two young boys.

The accident occurred on Interstate 10 near the California/Arizona border. The driver's SUV struck a minivan carrying a grandmother and her two grandsons, forcing the vehicle into a concrete wall. The driver continued through a fence and wound up on an access road. The van's driver, an older woman, was flown to an area hospital in Palm Springs and was reported to be in serious condition. However, her two passengers, an eight-year-old boy and a seven-year-old boy, were killed in the crash. The at-fault driver received only minor injuries. She was taken to jail and charged with two counts of homicide as well as a charge of aggravated assault for the injuries to the van's driver.

22-year-old woman faces 2nd-degree-murder charges

Photo of Harris, Powers & Cunningham, P.L.L.C.

A 22-year-old woman who drove through a red light without stopping and plowed into a Phoenix bus stop entered a not guilty plea on May 29. She failed to stop after causing the wrongful death of a 50-year-old man but later admitted her involvement to the authorities. She also confessed that she was drinking and smoking marijuana while driving. She was taken into custody and faces four separate charges, including second-degree murder. One other person was hurt and sustained serious injuries.

Police further reported that when the driver ran the red light, she veered out of the way of another vehicle then hit the bus stop. Another person who was also present moved out of the way to avoid injury. About half a dozen witnesses were present.

New policies require apologies after medical error

Photo of Harris, Powers & Cunningham, P.L.L.C.

Doctors often fail to notify patients when they have committed an error, especially if the error goes unnoticed or results in no harm to the patient. A misdiagnosis may be very minor, but doctors have an ethical obligation to inform patients when there has been an error, even if no harm results from it. Arizona and other state policymakers have recently realized that a transparent approach to medical malpractice is not only desirable but necessary and have passed various laws and regulations to require doctors to disclose errors.

In 2006, a Harvard group decided that any disclosure about medical error must contain three essential components: an admission of responsibility, an apology and a discussion of preventative measures with the patient or the patient's family members. Medical schools are now addressing these issues during doctor training and learn how to disclose errors in a professional way. Many medical schools are asking doctors to assess errors and risks as part of a team in order to build a climate of team responsibility and oversight for preventing future errors.

Deadly Surgical Error May Be Tied to Physician's Rushed Schedule

Photo of Harris, Powers & Cunningham, P.L.L.C.

Arizona residents may have heard that a wrongful death suit against a surgeon and his employer was settled for $1,050,000 during jury deliberations. The suit was filed by the adult children of a 67-year-old patient and was based on the argument that the doctor's surgical errors resulted from his being behind schedule. The gallbladder removal began as a laparoscopic procedure, but the physician abandoned this approach and changed to an open surgery, an adjustment in plans that he attributed to complications from too much scar tissue.

A tear in the portal vein resulted in excessive bleeding, requiring the assistance of a vascular surgeon. The female patient's blood loss was too severe, however, and she died not long after the procedure. Although the doctor denied wrongdoing, indicating the the scar tissue blocked the gallbladder, he also admitted deviating from his standard procedures.

Fatal car accident at Phoenix bus stop results in arrest

Photo of Harris, Powers & Cunningham, P.L.L.C.

The alleged driver in a fatal hit-and-run at a bus stop turned herself in and may face multiple charges. The car accident occurred on the morning of May 13 at a Phoenix bus stop on the corner of 27th Avenue and Indian School Road. One 50-year-old man was killed in the collision, and another 20-year-old man was seriously injured. A third pedestrian at the stop evaded injuries by escaping into the road.

A sergeant with the Phoenix Police Department stated that a Chevrolet Impala driven by the 22-year-old suspect is believe to have run the red light at the intersection while traveling north. The driver lost control in an attempt to avoid hitting other vehicles in the intersection. The car collision demolished the bus stop and the vehicle. Two occupants in the vehicle ran from the accident on foot.

Professional agencies make home birth recommendations

Photo of Harris, Powers & Cunningham, P.L.L.C.

The American Academy of Pediatrics recently released a policy stating that newborns should receive the same type of care whether they are born at a hospital, separate birthing facility or through a planned home birth. The American College of Obstetricians and Gynecologists recommended a medical facility or birth center for the delivery of a baby as the safest option. However, the AAP provides support to women who are looking into a home birth.

Although less than 1 percent of women in the nation plan home deliveries, the numbers indicated that about 30,000 home births occur each year. The number is growing, and at least two states are double the national average. Nonetheless, the official policies that recommend medical facilities are designed to decrease the risk of birth injury or neonatal death. Planned home deliveries are at risk for increased possible death rates for the infants according to a study released in 2010.

Failure to diagnose brain leak puts Arizona patient at risk

Photo of Harris, Powers & Cunningham, P.L.L.C.

Primary care physicians and hospital doctors alike are trained to investigate symptoms in the search for a cause. The case of a 69-year-old Arizona resident shows the potential damage that may be caused by a physician's assumptions and resulting misdiagnosis. A potentially fatal brain leak was overlooked in favor of a more common diagnosis.

The man's symptoms began as a drip from the nose that occurred when he tilted his head. After suffering from frequent drips and coughing due to the drainage, a trip to see his doctor resulted in the expected diagnosis of allergies. The man went home with a prescription for Benadryl. When symptoms continued, the man's wife took a sample of the drainage for testing only to discover it was cerebrospinal fluid. Despite the first failed attempt at a surgery to plug the leak, the man did find a neurosurgeon capable of addressing the problem.

*Certified Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona, Board of Legal Specialization