Hawaii Injury Lawyer Blog

Traumatic brain injuries (“TBIs”) – often the result of car accidents, birth trauma, or sports injuries - have been shown to lead to substantial physical and cognitive delays. Now – after studying and evaluating the long-term effects of sudden blows to the head – two scientists are proposing TBIs be reclassified as a “chronic disease” in order to be better managed and reimbursed by insurance companies.

The recent report indicates that brain trauma creates not only the previously well-known consequences such as headaches, dizziness, memory loss and loss of coordination, but has now been shown to “kick-off” a disease process associated with a higher risk of several chronic diseases including, but not limited to:

• Epilepsy
• Sleep Apnea
• Alzheimer’s
• Psychiatric problems
• ALS or Lou Gehrig’s disease

In sum, the authors conclude TBIs deserve to be classified as “the beginning of an ongoing, perhaps lifelong process that impacts multiple organ systems and may be disease causative and accelerative.”

By changing the classification greater awareness may be brought to the problem of TBIs and accordingly, more funds dedicated both to educating health care workers about TBIs and rehabilitating victims.

Regardless of classification, the families and victims of TBIs understand the devastating impact even mild TBIs may have on an individual. Because the effects of TBIs may last a lifetime and require continuous medical attention, medical costs can be overwhelming. When someone else’s negligence or wrongful act causes the TBI, victims may be eligible to receive compensation.

Continue reading " Traumatic Brain Injuries – Should They Be Treated As A Disease? " »

Delays in delivering babies - often the result of complications during the birth process - may lead to catastrophic birth injuries due to a prolonged lack of oxygen to a baby’s brain. Where oxygen deprivation occurs, infants run the risk of developing permanent neurological conditions such as cerebral palsy.

“Cerebral palsy” refers to an incurable neurological condition affecting the brain and nervous system characterized by a loss of movement, speech difficulties, and impaired development. Sometimes, signs of cerebral palsy may not manifest immediately at birth but develop over time, typically appearing before a child is 3 years old.

Indications of cerebral palsy include:

• Poor coordination
• Exaggerated movements
• Dragging of one foot or leg
• Lack of facial expression
• Generalized delays in development
• Decreased muscle tone
• Vision and hearing problems

Delays in delivery occur for many reasons, and the decisions physicians or medical staff make may significantly impact the outcome of a difficult delivery. In some instances, performance of an immediate C-section can prevent an otherwise serious birth injury from occurring.

Continue reading " Delivery Delays May Lead To Catastrophic Birth Injuries " »

Several national investigations have focused attention on the alarming number of fatalities caused by preventable medical injures. In 1999, the Institute of Medicine issued a report that concluded that 98,000 patients die in hospitals due to avoidable medical errors. In 2009, Hearst Newspapers found that this number approaches 200,000 per year in the United States.

This week, the insurance industry consulting firm Milliman, Inc. put a price tag on the mistakes - issuing a report placing the cost of “measurable medical errors” at a staggering $19.5 billion.

According to the study, approximately $17 billion was the result of providing inpatient, outpatient and prescription drug services to individuals affected by medical errors. Another $1.1 billion was from lost productivity due to related short-term disability claims, and $1.4 billion lost from increased death rates among individuals who experienced medical errors.

The most common avoidable medical errors include:

• Post-operative infections
• Equipment failures
• Wrong site surgeries
• Medication errors
• Falls

As noted in the report “while this cost is staggering, it also highlights the need to reduce errors and improve quality and efficiency in American healthcare.”

Continue reading " Report Finds “Measurable Medical Errors” Cost The Economy $19.5 Billion " »

Recently, renewed focus has been placed on the safety of playing football and the seriousness of repeated concussions and head injuries.

As reported in the Honolulu Star Advertiser, the growing concern of brain injuries and devastating long-term effects from concussions has many questioning whether to continue to play. Further, a recent report in The New York Times has indicated that no helmets can prevent concussions and criticized as misleading studies promoting particular brands as “safe.”

One of the main concerns concerning the safety of football is the prevalence of concussions and traumatic brain injuries (TBI’s).

For those suffering TBIs, the consequences may be severe. TBIs have been linked to both physical and cognitive impairment including nausea, memory loss, dizziness, speech difficult, headaches and lack of focus and concentration. Unfortunately, the symptoms of TBI may not be readily apparent – leading to delays in diagnosis and treatment.

Several sports related associations – including the Hawaii Athletic Trainers Association (HATA) and the NFL - are now emphasizing awareness, including early detection and issuing guidelines regarding when it’s safe to return to play.

Laws are pending or enacted in 22 states regarding concussions. Advocates believe a law is necessary to get everyone – from coaches to parents to participants - on the same page regarding brain injury management. Often coaches will encourage athletes to play after sustaining an injury before it’s safe to do so, potentially exacerbating the effects of a brain trauma.

Hopefully, with renewed emphasis on safety and awareness, we can minimize the potential for serious injuries when playing sports.

Continue reading " Renewed Concerns Regarding Football And Traumatic Brain Injuries " »