The Law Offices of Chaikin and Sherman, P.C.
Phone - 855-206-8760
Fax - 202.659.8680
January 25th, 2012
Fatigued driving is a serious problem. Being tired slows down a person’s brain, just like being drunk. That’s why the risk of a crash doubles after driving for eight consecutive hours. Yet the Federal Motor Carrier Safety Administration (FMCSA) currently requires only that truck drivers stop driving after eleven hours of consecutive driving. (Trucking corporations don’t like these limits because it slows down their trucks and hurts their profits.) In fact, under the Bush
administration the FMCSA actually raised this limit from a safer limit.
The FMCSA recently reconsidered its trucking rules and received public comments on the issue. The American Association for Justice (the largest American organization for trial lawyers suing on behalf of individuals hurt by others’ negligence) as well as consumer groups including Public Citizen and Advocates for Highway Safety, urged FMCSA to at least lower the truck driving limit to ten consecutive hours. These groups noted that every year, 4,000 people are killed in trucking accidents, and driver fatigue contributes to as many as 40% of these crashes. Hopefully, the FMCSA will reconsider its rules in the near future, and change its driving limits in order to save lives.
If you or a loved one was injured in a tractor trailer accident caused by the negligence of another, please contact the attorneys at the law firm of Chaikin, Sherman, Cammarata & Siegel, P.C.
Posted in safety, tractor trailer, Uncategorized | No Comments »
January 19th, 2012
In personal injury law, a medical malpractice cap is a mandatory limit in medical malpractice cases on how much money a jury can allow a plaintiff (or in
cases of wrongful death, his or her family). For example, if a doctor negligently removes a part of your digestive tract during surgery (it’s happened before), so that you’ll have to incur over a million dollars in medical treatment for the rest of your life – not to mention constant discomfort and pain – if the law states that you can only recover $500,000, then any jury award in excess of that amount gets thrown out. Medical malpractice caps exist in many states, and were recently proposed at the federal level during the budget battles between Democrats and Republicans.
In October of 2011, the D.C.-based Cato Institute published a study, available here http://www.cato.org/pub_display.php?pub_id=13780, showing that medical malpractice caps in the end do more harm than good for patients. (The Cato Institute is pro-free market, and has greater contact with Republicans than Democrats in D.C.) One reason is that caps prevent juries from making case-by-case determinations of how great an award they should allow to plaintiffs. Obviously, a lot of people harmed by medical negligence don’t suffer $500,000 worth of harm – but some suffer much more than that, and medical malpractice caps don’t take this into account.
Caps also harm future patients. Awards – particularly high awards – in medical malpractice cases are deter bad doctors, forcing them to either improve their practices, or leave the business and stop hurting people. The Cato Institute study found that bad doctors hit with high judgment awards in court may pay medical malpractice insurance premiums up to 500% higher than their peers.
High premiums are exactly what we want for bad doctors – to make sure they shape up, or leave. The civil justice system, with juries free to make their own decisions in each case about the size of judgment awards, has a valuable role to play in ensuring a safe medical system. If bad doctors have to pay the price, that’s a good thing.
Posted in Malpractice, Negligence | No Comments »
December 21st, 2011
Nerd. Fat. Weird. Loser. Dork. Ugly. Freak. … The list goes on and on. These are derogatory labels teens regularly use to belittle and intimidate others. This is bullying. Bullying is nothing new. However, in recent years, it’s taken on heightened levels of attention. And the stats confirm this trend: reported incidents of bullying have risen.
How to tell if…
YOUR CHILD IS THE BULLY
No one wants to find out that their own child is a bully, but the fact of the matter is that they are out there. Here are some signs to look for:
- Impulsive, hot-headed, domineering
- Easily frustrated
- Lacks empathy
- Has difficulty following rules
- Views violence in a positive way
- Comes home with possessions or money that does not belong to them
- Switching computer screens or closing programs when you, or others, are nearby
- Using multiple online accounts or an account that is not their own
- Agitation if access to a computer or cellphone is restricted or denied
How to tell if…
YOUR CHILD IS BEING BULLIED
Unless your child tells you about being bullied – or has visible bruises or injuries – it may be difficult to tell. Watch for these warning signs:
- Effort to avoid going to school
- Repeated loss of possessions or money
- Loss of self-esteem
- Depressed and withdrawn
- Anxious
- Loss of appetite
- Difficulty sleeping
- Grades start to fall
- Unexplained bruises and other physical injuries
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December 19th, 2011
They’re everywhere — in the grocery store, at the park, outside your home. They are strangers.
Most children generally know not to “talk to strangers;” however, there are a few more rules to know to help keep them stay safe and avoid dangerous situations, according to the National Crime Prevention Council (NCPC):
• Know where your children are at all times.
• Point out safe places.
• Teach children to trust their instincts.
• Teach your children to be assertive.
• Use the buddy system.
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December 16th, 2011
There are many cyclists on the roads these days who lack basic safety equipment. If you or a family member bikes to work, rides with a group or pedals for pleasure, consider a cycling gift that may protect them from unnecessary loss and injury. Here are some suggestions:
Helmet- Helmets made to sell in the United States must meet the U.S. Consumer Product Safety Commission (CPSC) standards.
There should be a CPSC or other sticker inside the helmet that tells you what standard is used. The ASTM standard is comparable.
Personal, Medical and Emergency Identification-Having identification, medical information and emergency contact information on your person whenever you are out cycling is vital.
Pocket First-Aid Kit
Eye Protection-Have you ever been hit by a bumble bee in the eye at 30 miles per hour? It hurts! Good shatter-resistant sunglasses for sunny days — and clear lens for overcast rides — can increase biker safety.
Mirrors
Pocket Multi-Tool
Gloves
Reflective Leg & Arm Bands
Bell or Horn
Nightlights
Under-Seat Bag
High-Visibility Clothing
With these 12 suggestions, hopefully you can find a gift that promotes safety for your biker buddies and cycling family members.
Posted in Uncategorized | Comments Off
December 14th, 2011
Ahh … it’s that time again. Tailgating. The smell of fall. Family and friends gathering before the big game. And, having an all around good time.
Unfortunately, these good times can quickly sour if you aren’t prepared. This is especially true when you and your family are in a sea of 80,000 to 100,000 peo ple, and even more so when you consider the pregame festivities.
So, what should you do to be properly prepared for the big game? Here are a few tips to consider:
CHILDREN Are you going to bring children to the game? If so, make plans for what to do if they get lost. If they are old enough to have a cellphone, make sure both of your phones are charged so you can stay in contact. If not, make a plan on where to meet in the event you are separated.
FOOD If you are cooking, make sure the temperature is hot enough so that you aren’t eating raw chicken or meat. Also, prior to cooking, keep raw meats separated. If you bring sides with mayonnaise — make sure you keep them properly chilled so they don’t spoil. Keep your hands clean and bring hand sanitizer with you to ensure that you do not spread germs and bacteria.
WEATHER Wear sunglasses. Make sure you drink plenty of fluids … and not of the alcoholic variety. Water is usually best in these situations.
OTHER FANS In light of some recent events, make sure you respect the other fans. Remember, it’s only a game.
REPORT UNRULY BEHAVIOR
CHECK THE INTERNET Most stadiums have a website with information regarding security, telephone numbers, parking, evacuation, medical information, lost children, inclement weather, power outages, etc.
DRIVING Clearly, you need to be careful driving in and around any sporting arena, stadium, etc.
THEFT Games with so many people are the ideal situation for those who are there to take advantage. Keep your purse securely on your shoulder and keep an eye on your belongings. If you turn for a minute, they could be gone.
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December 12th, 2011
The Federal Drug Administration (FDA) recently issued a warning regarding serious complications associated with transvaginal placement of surgical mesh for pelvic organ prolapse. Here’s what you need to know:
Who’s affected
Patients who’ve undergone surgical repair for either pelvic organ prolapse (POP) or stress urinary incontinence (SUI) have suffered serious complications from transvaginal mesh. POP occurs when pelvic organs bulge (or prolapse) into the vagina and is the result of stretched or weakened tissues. SUI involves a leakage of urine during physical activities like exercising or laughing. Transvaginal mesh is often used in surgical treatment for both POP and SUI, although there are much safer and similarly effective alternatives.
The Problem
According to the FDA’s warning: “serious complications associated with surgical mesh for transvaginal repair of POP are not rare.”
The FDA also explained that “it is not clear that transvaginal POP repair with mesh is more effective than traditional non-mesh repair in all patients with POP and it may expose patients to a greater risk.”
The FDA reports that “erosion of mesh through the vagina is the most common and consistently reported mesh-related complication from transvaginal POP surgeries,” which “can require multiple surgeries to repair and can be debilitating for some women.”
Posted in Health and Safety, slip and fall | Comments Off
December 9th, 2011
If you’re thinking about starting a new exercise program — or just starting up, period — there are a few warning signs to keep in mind as you navigate through a new routine.
Of course, a certain amount of discomfort is bound to be felt as you start up. you can expect to have sore muscles and, quite often, you won’t feel that pain until a few days later. However, there are also some warning signs that shouldn’t be ignored:
»Have pain or pressure in the left or middle part of your chest, or in the left side of your neck, left shoulder or left arm
»Feel dizzy or sick
»Break out in a cold sweat
»Have muscle cramps
»Feel sharp pain in your joints, feet, ankles or bones
»Notice that your heart starts racing or beating irregularly
Remember, you should also consult a doctor before beginning any exercise program. This is particularly important if you’re not normally physically active.
Whether you’re starting a new program — or starting all together — keep a healthy mindset and always remember to consult a doctor.
Posted in Health and Safety, safety | Comments Off
December 7th, 2011
For many, fall is synonymous with football. Any level of football, really. Whether it’s your local high school team, the college game or the NFL, the players come into the fall ready, having sweated it out over the summer, preparing for the season to begin. But, as with all sports, safety must be a priority.
With football, in particular, there is great concern regarding head injuries — specifically concussion, a traumatic brain injury that can be caused by a bump, blow or jolt to the head and can change the way your brain normally works.
Concussions can also occur from a blow to the body that causes the head to move rapidly back and forth. It is important to note that even what seems to be a mild bump or blow to the head can be serious.
Something important to note: A concussion cannot be diagnosed without medical testing. It can be hours or days after the injury before some athletes experience and/or report symptoms.
Some people with a concussion recover quickly and fully with no additional problems. But for others, signs and symptoms of concussion can last for days, weeks or longer.
For more information, visit www.cdc.gov/concussion/HeadsUp/youth.html.
Posted in brain damage, concussion, safety | Comments Off
December 5th, 2011
Millions of Americans suffer from back pain at some point in their lives. That stat’s not surprising, considering almost everything we do requires us to use your backs.
According to Discovery Health, approximately 60-90 percent of all Americans will experience at least one back injury in their lives. Half of these people will experience multiple episodes of back problems. Back pain ranges from dull and achy to stiff and sharp and can be acute, chronic or recurrent acute.
To help minimize potential back pain issues, heed this advice:
Avoid exerting too much force on your back.
Lifting or moving heavy objects can cause injury. When lifting, kneel down on one knee with the other foot flat on the floor as near as possible to the item you are lifting. Lift with your legs and not your back.
Modify any repetitious activity.
Be careful when sitting and standing.
Sleep on your side.
Sleeping on your back puts 55 pounds of pressure on your back. Putting a couple of pillows under your knees cuts the pressure in half.
Use a stool to reach anything higher than shoulder level.
Stay active.
Maintaining a healthy weight minimizes stress on your back, and exercise can strengthen your back and stomach muscles.
Listen to your body.
If you must sit or stand for a prolonged period, change your position often.
If you smoke, stop.
Nicotine restricts the flow of blood to the discs that cushion your vertebrae, increasing the likelihood you will suffer back pain.
If you suffer from back pain, seek the advice of your family doctor.
Posted in Uncategorized | Comments Off
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