Missouri’s Sober Driving Campaign Kicks Into Gear

To kick off the 2011 holiday season, the Missouri Coalition for Roadway Safety and the Missouri State Highway Patrol (MSHP) launched their joint “Drive Sober or Get Pulled Over” campaign to emphasize that driving impaired is dangerous and has legal consequences. MSHP Superintendent Ronald Replogle, said, “Our message is simple. No matter what you drive – a passenger car, pickup truck, sport utility vehicle or motorcycle – if we catch you driving impaired, we will arrest you.”

The campaign’s goal is to prevent tragedies like the death of 31-year-old Laura Fisher who was killed by a drunk driver in January 2011. The alcohol-impaired driver ran a red light on U.S. Highway 69 near Cameron, Missouri, hitting Fisher’s car and killing her. The drunk driver, who had four previous driving while intoxicated (DWI) convictions, jumped out of his truck and ran. He was convicted of second-degree murder and felony DWI, and sentenced to 34 years in prison.

According to the MSHP, over 36 percent of all Missouri traffic fatalities in 2010 involved drugs or alcohol. Missouri drunk drivers killed 217 people and injured another 897 in 2010. Mothers Against Drunk Driving (MADD) ranks Missouri 35th among states for drunk driving fatalities.

The holiday season can be especially dangerous because more people are traveling and winter weather further increases driving hazards. Between Thanksgiving and Christmas 2010, Missouri drunk driving accidents resulted in 20 fatalities and over 300 injuries.

The legal consequences for even a first DWI offense in Missouri can be substantial. The driver can lose their license for 90 days, pay up to $500 in fines and spend up to 6 months in jail. If the impaired driving causes a fatal accident, the driver can be charged with involuntary manslaughter, resulting in up to seven years of prison time and up to $5,000 in fines.

The risks of driving impaired are simply not worth taking. Missouri’s “Drive Sober or Get Pulled Over” campaign is hoping to drive that message home and prevent tragedies that permanently change the lives of everyone involved.

Nursing Home Bed Rails: Safety Devices or Dangerous Hazards?

Most people probably consider bed rails a helpful tool to keep vulnerable patients safely in bed. Bed rails, however, also present a number of dangers to patients that can result in serious injury or even death.

Nursing home beds are sometimes equipped with metal bars or bed rails attached to the sides of the patient’s bed. The purpose of the bed rails is to keep nursing home patients, sometimes confused or restless, from rolling or climbing out of bed.

Although the purpose of bed rails is to ensure patient safety, the bed rails have also been responsible for the death of some nursing home residents. Patients can fall while attempting to climb over the rails, or become entrapped between the rails and the mattress, or between the rails themselves. Entrapment can lead to asphyxiation and death.

“Rails decrease your risk of falling by 10 to 15 percent, but they increase the risk of injury by about 20 percent because they change the geometry of the fall,” explained geriatrician Steven Miles from the University of Minnesota. The U.S. Food and Drug Administration ( FDA) has attributed 480 fatalities and over 100 injuries to hospital beds, which doesn’t even include the many injuries that go unreported.

The dangers of bed rails have been known to hospitals, nursing homes and manufacturers for years. In 1995 a warning was issued by the FDA, followed by guidelines to reduce injuries in 2006. Sometimes, however, patients can be victims of nursing home neglect where guidelines are not followed and proper safety measures are not taken.

Although the use of bed rails in nursing homes and hospitals has declined, they are still used frequently. Miles encourages those considering nursing homes to see how often bed rails are used in facilities they are visiting. He encourages people to look elsewhere if more than ten to 20 percent of beds are equipped with rails.

If you or a loved one has been injured by bed rails you may potentially have a claim against the bed manufacturer or nursing home. Contact an experienced personal injury attorney to discuss your rights and options.

Serious Medical Errors in Missouri and Nationally Go Unreported

If you think that you can find all of the information that you need about Missouri’s medical facilities, think again. The general public has no way of finding out about some of the most serious problems with medical care because medical errors and hospital malpractice in Missouri often is unreported, or is reported but not accessible to the public.

Even the most harmful medical mistakes, known as “never events,” frequently go unreported. These include errors such as operating on the wrong part of a patient’s body, leaving surgical instruments inside of a patient’s body and giving out the wrong medication to patients.

Although in some states, like Minnesota, medical facilities are voluntarily adopting a policy of transparency – making information about their serious medical mistakes available to the public online – most states, including Missouri, don’t make this data public. Roughly two-thirds of Missouri hospitals don’t even submit reports of adverse events to the Missouri Center for Patient Safety, and no law requires them to do so.

Even if information is reported, it is almost always kept private. The 2005 federal law titled the Patient Safety and Quality Improvement Act allows those error reports submitted to patient safety organizations to be kept confidential, making it nearly impossible for the public to find out about egregious breaches in patient care. One reason for not informing the public about these problems is the fear that these problems will then not be reported at all by medical staff members concerned about losing their jobs.

It seems, however, that patient safety would be better served if more hospitals elected to adopt a policy of openness and transparency, so that mistakes could be properly addressed and patient care improved.

Missouri Legislature Considers New Trucking Bills

Several bills are up for consideration with the Missouri Legislature. Although all bills seem to be good news for the trucking industry, some lawmakers are concerned about the impact the new weight requirements will have on truck safety in Missouri and the well-being of the roads.

The first bill, HB1402, drops the requirement that contract carriers of HHG movers prove that a service is needed when filing for a permit or certificate of authority. However, they would still will be required to prove that they are “fit, willing and able to perform the proposed service” and that they will also adhere to several other requirements. HHG movers will no longer have to file their rates with the Highways and Transportation Commission. Another provision would keep cities from limiting the ability of these large vehicles to travel through the central area of town.

A second bill, HB 1212, would change restrictions on weight and open roads to vehicles hauling agricultural products or livestock on state highways. Local log trucks would also be able to use any road they choose.

At least one representative is concerned about the impact these bills will have on road safety. He notes that opening the roads represents a win for trucking companies at the cost of the public’s welfare.

Heavier trucks can cause damage to local roads and bridges, which are not designed to handle the increased weight. Damage can include potholes, buckles, or other breaks, which can lead to unsafe driving conditions for all. The trucks themselves can also be a risk to those sharing the roads. Large trucks require greater stopping distances, and the heavier the vehicle, the more likely a trucking accident will result in serious injury or even death. At a minimum, the Missouri State Department of Transportation believes the change would require at least $100,000 in additional expenses each year.

As these bills move through the Senate, observers will likely continue to argue over their fate. For many, concerns over road safety will take center stage in determining whether the new provisions should pass.