“Just a Few Seconds,” a public service announcement prepared by Feldman, recounts the story of 17 year-old Kate McGuire, whose distracted driving killed 61 year-old grandfather Howard Stein. It is one of the first distracted driving videos to feature both the driver in question and the family of the victim.

See below for a link to EndDD’s press release.

EndDD press release: http://www.enddd.org/enddd-in-the-news/justafewseconds/

Allan Reed, as independent administrator for Brenda Reed’s estate, sued Susan Ault under the “rescue principle.” This principle states that when a person’s negligence has placed himself or a third party in peril, and another person voluntarily attempts to save the life or secure the safety of the first person and is injured in the attempt, the good samaritan may sue the negligent and imperiled person for injuries arising from the rescue attempt.

At issue in the present case was the appropriateness of jury instructions stating that Reed must prove that Ault’s negligent act placed Ault herself “in a position of imminent peril or danger” for the rescue doctrine to apply. The trial jury concluded that Ault, after spinning off the road, was not necessarily in such a condition, and that therefore the rescue doctrine didn’t come into play. Reed appealed.

The Illinois Appellate Court upheld the appropriateness of the jury instructions and the discretion of the trial court judge in giving them. While the acts of good samaritans are always welcome, those they rescue are legally liable to them only when the peril to the endangered party is clearly imminent.

(Source: Chicago Daily Law Bulletin, Vol. 158, No. 152, August 3, 2012)

The rate of workplace injury in the medical profession was the focus of the Department of Labor’s annual report on workplace injuries and illness. According to the report, in 2010, workers in the health care and social assistance sector have an injury and illness rate of 5.2 cases for every 100 workers. This compares to a rate of 3.5 cases per 100 workers across all private sectors. The construction sector recorded a rate of 4.0 cases per 100 workers, while the manufacturing sector came in at 4.4.

Within the health care and social assistance sector, workers in nursing and residential care facilities were most at risk with a rate of 8.2 illnesses and injuries per 100 workers. Hospital workers came next with a 7.0 rate.

According to labor department economists, illnesses make up only a small percentage of these workplace injuries. Most involve back strains from lifting and moving patients, slips and falls on wet floors at hospitals and nursing homes, and so-called needlesticks: injuries resulting from accidental punctures by medical equipment.

Distracted driving is a growing health and safety concern. A 2009 study from the U.S. Center for Disease Control found that there were more than 5,000 fatalities and almost 450,000 injuries due to distracted driving nationwide. In 2010, the CDC found that 40 percent of drivers aged 18 to 29 admitted to driving while carrying on cell phone conversations, and over 25 percent of drivers in this same age range reported that they regularly send text message or e-mails on their cell phones while driving a car.

Thirty-four states, including Illinois, have laws banning texting while driving. Illinois’ law was enacted in January of 2010.

Recent events in Rhode Island are being viewed as a test case regarding access to the medical records of an expatriate doctor. Dr. Nomate Kpea, who has practiced dermatology in Rhode Island since 1985, has apparently left the country to run for the National Assembly of Nigeria—without naming another physician to take responsibility for his patients. This leaves an estimated 33,000 patients—and their records of treatment—in a legal limbo. Tens of thousands of medical records are presently sitting in two foreclosed office buildings formerly owned by Dr. Kpea.

The Rhode Island Department of Health is working with the bank that owns the mortgages on these properties to determine how and when patients might be able to access their records. Bank officials have expressed a willingness to turn the records over to the state. The state, in turn, claims that it is not up to Rhode Island to take delivery of Kpea’s records, and that the state has neither the space to house them nor the money to make them accessible to patients.

Lou Ann Wiedemann, of the American Health Information Management Association, holds that it is the state’s responsibility to either take control of the records or contract with a party that can. She said patients may file a complaint with the U.S. Department of Health and Human Services’ Office of Civil Rights. As of this writing, the situation in Rhode Island remains unresolved.

These curbside services pick up passengers from retail stores, parking lots and street corners rather than typical bus terminals. The industry is now thriving, based on its inexpensive fares. According to the Transportation Safety Board, half of curbside operators have been in business for 10 years or less, and 44 percent have 10 or fewer buses.

The Transportation Safety Board study found that curbside services have an accident rate of 1.4 per 100 vehicles. Traditional bus operators have an accident rate of just 0.2 per 100 vehicles. This makes the accident rate for curbside operators seven times higher than that for other bus services. One should exercise caution when making use of a curbside bus service, as the level of professionalism exercised by their drivers and business may not be as high.