Recently, the Missouri Supreme Court took on the challenge of reviewing the state’s cap on non-economic damages in medical malpractice cases. The medical cap currently sits at $350,000 in Missouri, but proponents for lifting the cap believe that is not nearly enough to properly compensate those injured due to doctor error or hospital negligence.

The case before the court stems from a 2009 lawsuit where a family was awarded almost five million dollars for injuries that occurred to her unborn child during labor and delivery, of which $1.45 million was classified as “non-economic” damages. Even though the jury felt the family should receive more, by law the court was required to reduce the non-economic damages to the capped amount of $350,000.

Missouri Medical Malpractice Debate

To date, at least nine groups have filed arguments supporting both sides of the argument. Those against the cap note that families with lower incomes cannot recover as quickly from incidences of loss of wages, loss of jobs or loss of work time. They also believe it is unconstitutional because it provides protection for health care providers from having to payout serious amounts of money – essentially allowing them to make medical mistakes that don’t carry major repercussions.

Opponents of the law also question why the medical profession receives special treatment. If the boy was injured as the result of a negligent driver, the family would have received the entire non-economic damages award.

However, there are several camps that are still in favor of a medical cap. These parties, including the Missouri Chamber of Commerce, the American Congress of Obstetricians and Gynecologists and the American Medical Association, argue that the cap is not unconstitutional and that the court correctly applied the law in this case.

So now medical practices are in a “wait and see” period, while families and patients watch their fate hang in the balance. For anyone who has suffered injury due to doctor error or hospital negligence, the outcome of this case will play an important role in any future lawsuit aimed at obtaining compensation.

Recalled household products cause countless injuries to consumers, yet the products often remain in homes. The Consumer Product Safety Commission urges consumers to keep up to date on product recalls and immediately remove such  defective products from their homes. Unfortunately, fewer than 10 percent of recalled products in American homes are returned or repaired.

Recently, a woman was killed after using a defective inflatable pool slide sold at Walmart and Toys ‘R’ Us. Two other people were severely injured usin g the same product. This product has now been recalled.

Another example is the recall of 200,000 furnaces that posed a risk of starting fires. Although it appears on its face an important recall, over 90 percent of reported incidents occurred after the recall. Such injuries provide a clear example of why consumers should get recalled products out of their homes as soon as possible.

Consumers Not Always Aware of Recalls

Consumers, however, are not always to blame for failing to return recalled products. The government, retailers and manufacturers need to improve their communication of recalls and dangerous products to the public.

The following list – with was recently compiled by Time Magazine – are examples of recently recalled products that you may have in your home right now:

• Drop side cribs by multiple manufactures that can trap or strangle babies
• Magnetix building sets that have caused death and injuries to children
• LG Dehumidifiers that contribute to fires
• Bumbo baby seats that may cause babies to fall
• Maytag dishwashers that may cause fires
• Toy dart guns from the Family Dollar Store that may cause asphyxiation

These products are widely used, and some have been purchased in the millions. Consumers often receive replacements, free repairs or rebates when returning recalled products.

The  Consumer Products Safety Commission has also provided a list of recalls that affect summer activities including playground equipment, ceiling fans, grills, grass trimmers, tricycles and pool accessories. The CPSC provides important recall information on its website for all consumers.

Consumers who have been injured by a recalled or defective product may consider contacting a personal injury attorney in the area who can assist in obtaining compensation for any injury-related losses.

As the world grows more digital every day, handwritten notes are becoming less and less common. One area where handwriting persists is health care, a field where professionals often write out prescriptions by hand.

This seemingly ancient trend is causing many problems. Researchers from Weill Cornell Medical College discovered 37 prescription errors in every 100 prescriptions written by hand – compared with seven errors when doctors used electronic prescriptions.

These errors are potentially harmful to the patient, causing adverse drug effects or even death. About 7,000 patients die each year in the United States due to medication errors. They also waste time as pharmacists and physicians scramble to correct mistakes.

E-Prescriptions Reduce the Risk

Some doctors have switched to an e-prescribing method to electronically send prescriptions to the pharmacy. Several studies have shown that e-prescriptions lower the risk of errors and, in turn, the risk of adverse drug effects. Study results show a risk reduction of at least 13 percent, and sometimes as high as 99 percent. In addition to reducing errors, e-prescriptions help doctors discover if new medications will cause negative reactions due to the patient’s current medications.

Despite Benefits, Providers Slow to Adapt

Unfortunately, not enough doctors have switched to e-prescribing. For example, only 36 percent of prescriptions were ordered electronically in 2011. One reason is the expense of e-prescribing. Along with the ongoing hospital transitions to electronic patient records, costs can reach into the thousands or millions of dollars to implement an e-prescribing system. Only about 30 percent of hospitals have made the transition. Another reason for the reluctance to employ e-prescribing is the required investment in time for staff to constantly update records.

Also, even when hospitals switch to electronic records, they still may not require physicians to write electronic prescriptions. Many hospitals continue to give physicians the option of handwriting or using e-prescriptions.

Doctors may face legal liability for prescription errors that harm patients. Patients who have been adversely impacted by a prescription error should consider contacting a personal injury attorney to assist in obtaining compensation for their losses.

FOR RELEASE: September 4, 2012

Last week, a Jackson County jury awarded a heating, ventilation and air conditioning (HVAC) technician $13.6 million in damages for injuries he sustained while working on a commercial grade heat pump – which, he argued, was defectively designed with insufficient warnings.

The award, which was against the manufacturer of the heat pump and included $4.5 million in punitive damages, ends a four year struggle for the victim which began the day of his horrific accident.

According to court documents, the victim had been working on the heat pump in the recessed ceiling of an office building in Lee’s Summit on July 14, 2008. While performing his work atop a 6-foot ladder, the victim’s forearm made contact with an uncovered, and live, electrical panel on the pump – sending 460 volts of electricity coursing through the victim’s body and jolting the victim backwards, off the ladder, and onto the corner of an office desk.

The incident caused several life-threatening injuries to the victim, including numerous fractured ribs, a ruptured spleen and acute respiratory failure. The victim had an emergency surgery to remove his spleen but remained on life support for several weeks following the accident.

In all, the victim needed six surgeries to treat his wounds and subsequent infections. However, the victim continues to suffer from chronic neck pain and, according to the victim’s doctors, surgery will not be able to correct this issue – meaning he can no longer work as a HVAC technician and will likely be on medication for years to come.

This verdict will not only help provide for the victim’s long-term care but will hopefully serve as a warning for others in similar dangerous situations.

The victim in this case was represented by The Law Offices of Brian Timothy Meyers, a Kansas City-based law firm. For additional information on this case, or if you have personal injury questions of your own, feel free to contact the attorneys for the plaintiff in this case.