Approximately every 15 seconds, a house is robbed somewhere in America. A few simple precautions can make your home a less-inviting target and can convince burglars to try their luck elsewhere.

• Install deadbolt locks on all outside doors, and make sure that all windows (not just those on the ground floor) have good, strong locks;

• Keep your property well lit and consider installing outdoor lights hooked to motion sensors-thieves hate it when they can’t hide;

• Keep trees and shrubbery cut back from windows so thieves do not have a place to hide;

• If you are leaving town for several days, suspend mail and newspaper delivery, and ask a trusted neighbor to keep an eye on your home;

• If you are not at home, keep a light on so the house looks occupied;

• Consider an alarm system monitored by a reputable security company;

• Keep a car parked in your driveway. Like lights, it makes the house look occupied and stops burglars from backing up a van and cleaning you out.

Finally, remember that even the best precautions do not work if you don’t use them! So give your home a security checkup, keep those doors and windows locked, and beat burglars at their own game.

Having a colonoscopy can be unpleasant, but it may also be dangerous. Before such a procedure, doctors often ask patients to take oral sodium phosphate (OSP) to clean out the bowels. However, OSP (which is available over the counter) can be very dangerous.

According to the Food and Drug Administration (FDA), OSP has been linked to acute phosphate nephropathy (also known as nephrocalcinosis), a serious condition affecting the kidneys. In patients suffering from acute phosphate nephropathy, calcium-phosphate crystals are deposited in the renal tubes. The effect of this condition can be very serious: Patients may need dialysis, they may need a kidney transplant, or they may die from renal failure.

The problem often is not promptly diagnosed, because the symptoms of acute phosphate nephropathy can vary widely from victim to victim and include such common symptoms as nausea, headaches, drowsiness, pain, bleeding, dehydration, swelling (especially of the feet), and a general lethargy. Although acute phosphate nephropathy does seem to be more common in those over the age of 55 or in those already taking a medication that affects the kidneys, it can strike anyone.

The FDA has recently mandated that OSPs contain a so-called “boxed warning,” which is a very serious step. If you or a loved one has used an OSP and suffered a kidney injury, contact us. We may be able to help you receive compensation for your injuries.

Of all of the causes of truck collisions, one of the most preventable gets the least press: driver fatigue-in other words, tired truckers.

Although federal law both limits the maximum number of hours that a truck driver is supposed to drive and prohibits truckers from driving if they are “impaired through fatigue,” the fact is that more and more big-rig drivers are taking to the highways without enough sleep. There are several reasons for this, including the relaxed industry regulation that has resulted in less-experienced truck drivers on the road.

Before 2004, the federal government allowed truckers to drive no more than 10 consecutive hours. Statistics from the Federal Motor Carrier Safety Association (FMCSA) showed that the number of fatigue-related crashes jumped dramatically after eight hours of driving and continued to increase through the 10th hour allowed. Despite this evidence, the federal regulations were changed in 2004, and truck drivers are now allowed to drive up to 11 consecutive hours, meaning that there are more tired truckers on the road than ever.

As you might guess, the number of fatalities caused by large trucks increased in 2004 and 2005, with fatigue cited as a factor in 20% more accidents than under the old law. Interestingly, the FMCSA’s failure to consider the obvious (more time driving = more driver fatigue) has been cited by at least two federal courts that are considering whether these regulations should be allowed to continue.

The deregulation of the trucking industry has also resulted in increased competition among trucking companies, increasing the pressure on drivers to complete their routes quickly. Finally, changes in the ways that goods carried by trucks are distributed, such as the increased use of “just-in-time” delivery, have resulted in tighter deadlines for truck drivers than was the case in the past.

Taken together, all of these factors mean that the pressures on truck drivers to ignore the law and complete their deliveries, even if they are too tired to drive safely, will only increase.

The flowers are blooming, heralding the arrival of spring and the Spring 2009 Texas Law Alert! This table-of-contents article and the following short blog entries are all part of this winter’s Alert. Easy-to-read tips and articles on common legal questions make up each Texas Law Alert, a free service from the STREET LAW FIRM, your Fort Worth/Dallas car crash lawyer team.

WE PREFER YOU TO REFER!

The time following a car crash or personal injury is often difficult. There are many things to take care of. Hiring a good lawyer is one of them.

You can trust our personal injury law experts and our track record of winning cases and recovering settlements. If you or a loved one has been injured in an accident, call us. We will aggressively represent you and make sure that you are justly compensated for your injuries.

PREVENTABLE INFECTIONS ON THE RISE

According to the federal Centers for Disease Control (CDC), patients in American hospitals come down with over 2 million hospital-acquired infections each year, 90,000 of which result in death. Given the lack of news coverage regarding the number of deaths caused by infections, it could be called a silent epidemic.

MEDICARE LIMITS PAYMENTS FOR TREATMENT OF INFECTIONS

In a potentially helpful development, the federal government has passed new rules that limit the payments Medicare will make to a hospital to pay bills incurred in treating preventable infections and medical errors the hospital should have avoided.

AGGRESSIVE DRIVING

As roads become more congested and people’s lives become more hectic, aggressive driving and the dangers associated with it increase. Aggressive driving is the combination of unsafe and unlawful driving actions that show a disregard for safety.

CARBON MONOXIDE POISONING

Carbon monoxide (CO) is a colorless, odorless gas given off by fuel-burning appliances such as gas heaters and gasoline-burning engines. According to the CDC, about 500 Americans die every year from CO poisoning not related to a house fire, and more than 15,000 are injured.

COMMON TREATMENT TIED TO JAW PROBLEMS

According to a recent university medical study, a drug commonly prescribed to treat osteoporosis in women may have the unintended side effect of causing a serious jaw disease.

DANGEROUS PRODUCTS MADE IN FOREIGN LANDS

A few years ago, the news was full of stories of toys being pulled from shelves for dangerous levels of lead in their paint. Anyone who was injured by these dangerous toys certainly has a claim against the manufacturer, but asserting a claim is often difficult, especially if the factory that made the product is in another country.

KNOW ABOUT THE “NO-ZONE”

All drivers should be aware of the “no-zone,” the area on the sides and rear of 18-wheelers where the truck driver cannot see a car.

According to the federal Centers for Disease Control (CDC), patients in American hospitals come down with over 2 million hospital-acquired infections each year, 90,000 of which result in death. Nor are nursing home patients immune: The CDC estimates that this population suffers another 1.5 million preventable infections each year, for a total of 3.5 million facility-acquired infections annually. While these numbers are grim enough on their own, they become even more so when you realize that, by comparison, the incidence of new AIDS infections ranges from 38,000 to 56,000 per year, while AIDS deaths number about 16,000 per year. Given the lack of news coverage regarding the number of deaths caused by infections, it could be called a silent epidemic.

The number of such infections has been on the rise in recent years, although experts disagree about the reasons. Some point to the rise in the number of infectious agents that are resistant to some or all of the antibiotics used to treat infections. Others point to the increasing prevalence of HMOs, which can result in patients’ not being treated by a specialist trained to recognize an infection until after it has become established, when it is more difficult to treat. Others claim that the infection rate is the same as it has always been, and it is just that reporting has gotten better.

Many authorities reject hospitals’ traditional response to complaints about infections acquired in their facilities–that a certain number of infections is inevitable–and have concluded that most of these infections result from the failure of the hospital or its staff to strictly follow the rules intended to prevent the infections.

Revolutions

The response to this information has led to a legal revolution that will hopefully bring about a health-care revolution. More than half of the states have passed laws requiring hospital-acquired infections to be reported to state health authorities, so people have a better idea of the scope of the problem. The CDC itself has given the issue much more attention than it ever did in the past, and has recently issued guidelines that hospitals and nursing homes should follow to prevent infections in their patients. So has the Joint Commission, a body that gives hospitals their accreditation and whose regulations are considered by many to be a good statement of the standards that hospitals should follow.

These changes are not just regulatory, but also legal. Lawyers who counsel hospitals and nursing homes have taken these standards seriously, and they advise their clients to enact protocols to ensure that these standards are met, rules that can include something as simple as requiring the staff to wash or otherwise disinfect their hands when moving from one patient to another.

Lawyers also advise hospitals to regularly screen patients for the presence of drug-resistant organisms and to regularly use instruments that have been pretreated with antibiotics to prevent infections before they occur. In recent years, based on these recommendations, many facilities have overhauled their policies and procedures that are intended to prevent infections, even imposing penalties on doctors and staff who are caught failing to obey the new, stricter rules.

Lawsuits

However, because not all hospitals and nursing homes have gotten the message, and because some of them allow profits to come before patient care, another legal avenue is being pursued: litigation. With the problem of hospital-acquired infections now well known, and with the enactment of many new regulations designed to address the issue, hospitals are finding it harder to avoid liability when a patient does become infected.

In some rare cases, juries are awarding tens of millions of dollars to patients who contracted serious bacterial infections while they were patients at hospitals or nursing homes, infections that often involve drug-resistant, flesh-eating bacteria and that lead to death or to the loss of limbs and organs. Most experts agree that the publicity given to the problem has also made jurors more aware of the problem, and so less tolerant of a hospital’s lack of a similar awareness and concern.

Despite increased awareness, lawsuits regarding facility-acquired infections can be difficult to win. Although the fact of the infection is known, the cause is often difficult to pinpoint. In some cases, the medical records allow experts to determine the likely source or cause of the infection, but, in others, it is not possible to know exactly where the infection came from and, therefore, who is at fault. This uncertainty means hospital infection cases must be handled very carefully by experienced lawyers to ensure that the injured patient or his or her surviving family have their day in court.

If you feel that you or someone you love may have been a victim of a preventable infection, contact us. We can help you determine the best course of action for you under the circumstances.

In a potentially helpful development, the federal government has passed new rules that limit the payments Medicare will make to a hospital to pay bills incurred in treating preventable infections and medical errors the hospital should have avoided. These same regulations also specify that neither may the hospital bill the patient for this care.

Proponents of these regulations claim that making the hospitals pay for their own mistakes will give them a financial incentive to take steps to prevent infections and errors that can be avoided. However, some ask whether Medicare will be able to adequately monitor these rules, while others ask whether these rules might endanger patients because hospitals are unwilling to provide high-quality care if they know they will not be paid.

As roads become more congested and people’s lives become more hectic, aggressive driving and the dangers associated with it increase. Aggressive driving is the combination of unsafe and unlawful driving actions that show a disregard for safety. An aggressive driver is one who operates his or her vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others.

Aggressive driving is often triggered by trivial disputes and includes such things as refusing to allow a motorist to pass, obscene gestures, horn blowing, tailgating, and failure to obey traffic laws. Aggressive driving is different than “road rage.” Road rage usually involves a driver breaking a criminal law, such as by shooting a gun at another driver who cut him off. However, aggressive driving can be just as dangerous, to both the aggressive driver and those with whom he shares the road.

You can protect yourself from the hazards posed by aggressive drivers by allowing yourself extra travel time to arrive at your destination so you do not have to hurry, by avoiding stress, and by remaining calm in traffic. The best way to avoid being the target of an aggressive driver is to practice basic traffic courtesy. Assume the best of other drivers, and assume if they make a mistake that it is not personal. Avoid conflict if possible (even if you are in the right) and carefully consider the possible consequences before you react. Finally, call 911 to report unsafe or aggressive drivers. The risks and consequences of aggressive driving are great, and you should take care to be neither a perpetrator nor a victim.

Carbon monoxide (CO) is a colorless, odorless gas given off by fuel-burning appliances such as gas heaters and gasoline-burning engines. CO can become deadly when these types of appliances are used indoors or without adequate ventilation. According to the CDC, about 500 Americans die every year from CO poisoning not related to a house fire, and more than 15,000 are injured.

Deaths and injuries peak in midwinter, when heater use is highest and when houses are tightly closed. Symptoms of CO poisoning include headache, dizziness, weakness, nausea, and confusion, and, because they resemble symptoms of other illnesses, people often do not realize they are being poisoned by carbon monoxide until it is too late.

In order to protect yourself against CO poisoning, you should have your gas heating system inspected every season. Don’t use generators or gasoline-powered heaters or tools inside, or in an enclosed space like a garage. Also, keep these CO-producers away from windows and intake vents, which can spread CO throughout the house.

Because CO is hard to detect, the best way to protect yourself from CO exposure is to buy a CO detector. They look like smoke detectors, and will sound an alarm if CO levels get too high. Be sure to play it safe and protect yourself against this deadly gas.

According to a recent university medical study, a drug commonly prescribed to treat osteoporosis in women may have the unintended side effect of causing a serious jaw disease.

The drug, called Fosamax, is made by the pharmaceutical company Merck. It is the most common drug prescribed to treat this condition (which affects about 10 million Americans) and is one of the 20 or so most common drugs prescribed in this country. Unfortunately, researchers at the University of Southern California have linked its use with a condition known as “jaw necrosis” (also known as “ONJ” or “Dead Jaw”), which causes the jaw bone to decay. Symptoms can include jaw pain, sores on the jaw, and loss of teeth. The condition can be disfiguring, and is often very difficult to treat.

According to the study, 9 of 208 people prescribed Fosamax developed jaw necrosis, about 4% of those taking the drug. Some developed problems even though they took the drug for only a short time. However, Merck does not warn people of the danger, and in fact denies that Fosamax causes jaw necrosis.

If you have reason to suspect that you or someone you love has been harmed by Fosamax, or know someone who has developed jaw necrosis, call us. We can help you determine if you have been injured or are entitled to any compensation.

A few years ago, the news was full of stories of toys being pulled from shelves for dangerous levels of lead in their paint. Anyone who was injured by these dangerous toys certainly has a claim against the manufacturer, but asserting a claim is often difficult, especially if the factory that made the product is in another country.

Although product liability laws offer very powerful protections to consumers who have been injured by dangerous or defective products, it is often hard to identify the foreign manufacturer of a given product to bring suit against, and even if you do succeed in identifying the manufacturer, it is often even more difficult to collect any judgment from the manufacturer when the suit is over.

However, the law does not leave consumers without any remedy. In addition to the actual manufacturer of the defective product, the law usually also makes those in the chain between the manufacturer and the consumer liable for the dangerous product. In the case of a toy made in China, this may mean that both the distributor of the toy and the store where it was sold can also be liable for any injury the defect in the toy may cause. Because the wholesaler and the retailer are usually American companies, they are usually much easier to find and to sue.

That said, product liability law can be complex, and it varies from state to state. Going it alone, without the assistance of an experienced attorney, is not a good idea. If you have been injured by a dangerous or defective product, call us–we would be happy to discuss your case and your options.