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Toms River, New Jersey, Personal Injury Blog

Malpractice claims and the element of "causation"

When a medical patient is injured in New Jersey, the question arises as to whether the doctor was responsible. If the doctor did not follow the widely accepted standard for care in his or her field, then that may prove medical negligence, also known as medical malpractice. For a medical malpractice claim to work, though, a second element must be proven: that the negligence led to the injury. The two do not always go together.

There are many situations that could be given as examples. Surgical procedures are well-known for their side effects and complications, all of which may arise without one slip made by the surgeon. For this reason, one cannot jump to a connection between a surgical complication and negligence.

Injuries faced by metalworkers often lead to compensation

Some workplaces have more risks than others. While employers should make every effort to ensure that all workplaces are reasonably safe for employees to operate within, risks cannot completely be eliminated. The metalworking profession is one of the higher risk professions because it involves physical and arduous labor.

If you have been injured as a metalworker in New Jersey, it is important that you understand the actions you can take to avoid financial suffering during your recovery. By learning about the most common types of metalworking injuries and your rights under workers' compensation law, you will be able to take appropriate action to gain the compensation that you deserve.

From Memorial Day to Labor Day, teens run high car crash risk

Parents of teen drivers in New Jersey have good reason to worry about the approach of summer because it's a dangerous season for teens on the road. In fact, the AAA Foundation for Traffic Safety calls the 100 days between Memorial Day and Labor Day the deadliest for teen drivers. The chances of a fatal car crash involving a teen driver go up an average of 15% during that time. Even hospitals understand the risk and accordingly prepare.

There are two reasons for this trend: lack of experience on the part of teen drivers and increased time on the road. Teens may even drive impaired by drugs or alcohol after parties, especially around the Fourth of July celebrations. To keep teens safe, parents have a responsibility to educate them on how to act behind the wheel.

McDonald's employees calling for OSHA to investigate violence

New Jersey employees who are concerned about workplace injuries should be aware of a call to OSHA to investigate McDonald's, a major fast food franchise found all over America. A Chicago-based group of employees is claiming that workers are in danger from irate customers, citing that every 36 hours on average, news outlets in America deliver a new report on incidents of violence taking place at McDonald's. However, police data and worker testimonials suggest that violent incidents may in fact be even more common than the media reports.

Workers at one location filed a complaint with OSHA, stating that they have been threatened with guns and attacked by disturbed customers. The workers claim that McDonald's has not done anything to implement safety measures to protect its employees.

Drowsy driving poses higher accident risks

Much has been made of promoting highway safety throughout New Jersey and the rest of the country. The recent focus of public awareness campaigns have been on issues such as drunk and distracted driving. 'Don't drink and drive" and 'don't text while driving" are the clear and simple messages for these widely known problems. However, these campaigns have done little to address another major threat to the roads -- drowsy driving.

Most people associate sleep deprivation and motor vehicle accidents with the trucking industry. Tight schedules and incentives for truckers who meet delivery quotas are common. However, the problem is just as bad with passenger drivers. In a recent survey, over 30% of regular passenger car drivers reported having driven at least once while extremely tired within the prior month. It has been shown that driving without sleep for a 24 hour period is equivalent to driving with a blood alcohol content of 0.10. This is well over the limit for what is considered legally drunk.

July's Operation Safe Driver Week to focus on speeders

New Jersey motorists who drive too fast should beware. From July 14 to 20, law enforcement officers throughout North America will be targeting speeding drivers during Operation Safe Driver Week, an annual event sponsored by the Commercial Vehicle Safety Alliance.

According to the CVSA, speeding drivers have been involved in almost a third of all traffic fatalities for over 20 years. In addition, statistics released by the National Highway Traffic Safety Administration show that speeding played a part in 94% of all motor vehicle accidents in 2015. Speed also contributed to 26% of all traffic deaths in 2017. Because of this, CVSA chose to make speed a special focus in this year's event.

Study claims that opioid use often leads to fatal crashes

Roughly 214 million opioid prescriptions are supplied throughout the U.S. every year. This high rate of use could be making New Jersey roads more dangerous. A new study published in JAMA Network Open has discovered that the risk for a fatal two-vehicle crash doubles when drivers use these medications. Most opioid medications say on their labels that users should not drive or operate heavy machinery when taking them. However, many drivers disregard such warnings.

Using the National Highway Traffic Safety Administration's Fatality Analysis Reporting System as the source for fatal car crash data, researchers analyzed 18,321 fatal two-vehicle crashes occurring between 1993 and 2016. After determining which drivers were at fault and which drivers had opioids in their bloodstreams, researchers came to several conclusions.

The difference between birth injuries and birth defects

As an expectant mother, going through complications while giving birth can be devastating. Not only can complications pose risks to the health of yourself and the baby, but they can cause pain, emotional distress and even psychological trauma.

If you believe that complications during delivery could have contributed to your child's health issues or developmental disabilities, it is important that you understand your rights to take action under the law. In addition, if you have experienced anxiety, depression or trauma after the incident, you may be able to make a medical malpractice claim.

Pediatric medication errors linked to electronic records

New Jersey parents may have many fears when they take their children to the hospital, but few are likely to consider their medical records as a major area of concern. However, issues with the software and usability of electronic health records (EHRs) can sometimes lead to severe issues that can compromise patient safety. According to researchers, these risks are particularly profound for pediatric patients. Medication errors can be dangerous, especially when children are involved. Dosages must often be adjusted to account for their smaller size and younger age.

This is one place that EHRs can run into problems. The requirements for medication safety guidelines when creating EHR software do not require that manufacturers build in a distinction between adult and child patients. This means that it could be relatively easy for an adult-size dose to be recorded in a child's medical record, resulting in a potential overdose. One study examined ways in which EHRs can contribute to medication errors, including prescribing mistakes as well as problems with administering the drugs. According to researchers, staff at the hospitals involved found thousands of incidents related to EHR systems.

Safety standards can protect electrical workers

Workers in New Jersey who deal with electricity may face a greater threat of injury on the job. Electrical accidents can be particularly severe, leading to permanent disabilities or even fatalities. The Occupational Safety and Health Administration regulates workplaces in order to ensure that employees have a safe environment to perform their jobs. While many OSHA regulations are created in-house, others are developed in collaboration with input from private industry.

NFPA 70E, the standard for workplace electrical safety, was developed by private industry and adopted by OSHA. It aims to create a safer environment for workers handling electricity by developing a protocol to address how electrical work should be performed. While the standard works to avoid workplace accidents, it also helps people to accomplish their tasks more efficiently. Indeed, following the standard can make the workplace more productive at multiple levels. Obviously, avoiding injuries and serious incidents on the job improves productivity, avoids shutdowns, and enhances worker morale. However, the guidelines themselves create a system for work that helps to prevent wasted time and effort.

Contact R.C. Shea & Associates, Counsellors At Law

Call our Toms River office at 732-505-1212, our Manchester office at 732-408-WILL (9455), our Brick office at 732-451-0800, or call us toll free at 800-556-SHEA (7432). You can also contact our firm online.

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R.C. Shea & Associates, Counsellors at Law
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Toms River, NJ 08754

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