Undiagnosed Sleep Disorder Blamed in Fatal Train Derailment

December 5th, 2014 at 7:00 am

fatal train derailment, Westport wrongful death attorney, fatal accident, train accidents, sleep disorders, derailed train, undiagnosed sleep disorder

A report issued by the U.S. National Transportation Safety Board (NTSB) has determined the cause of last year’s fatal New York City train derailment: the train engineer fell asleep due to an undiagnosed sleep disorder.

The fatal accident occurred on an early Sunday morning last December. The Manhattan-bound Metro-North commuter train was going 50 miles per hour over the speed limit—more than three times the allowed speed—when it went around a curve and suddenly derailed. Four of the 115 people on board the train were killed in the accident and another 67 people were injured. The locomotive and all seven of the passenger cars jumped the tracks, causing approximately $9 million worth of damage.

According to the NTSB’s report, the train engineer suffered from sleep apnea, which causes the airways to become obstructed or collapse during sleep and can cause sufferers to struggle with drowsiness.

In the engineer’s case, the disorder had never been diagnosed and he was unaware that he suffered from the problem. The report pointed out that the railroad had no policy in place to screen employees for sleep disorders. Compounding the engineer’s condition was a sudden change in his work schedule, having been moved to an early morning work shift just prior to the train crash.

Additionally, Senator Richard Blumenthal noted how the NTSB report showed “the cascading catastrophes over a single year illustrating the urgent need for dramatic upgrades and improvements in safety and reliability.” In fact, positive train control, a specific technology that was not in use during the time of the derailment, can “automatically bring a train to a stop” if speeding.

Statics from the Federal Railroad Administration show that there are more than 3,000 train accidents every year causing deaths, injuries, and property damage. Not only are passengers at risk for death and injury for many preventable train accidents, but railroad employees are particularly vulnerable in these incidents.

If you have lost a family member in an accident caused by the negligence of someone else, contact an experienced Westport wrongful death attorney today to find out what legal compensation you may be entitled to for pain or loss.

Adverse Surgical Errors: When a Doctor Performs a Wrong-Site Operation

December 4th, 2014 at 2:19 pm

wrong-site operation, Connecticut malpractice attorney, Connecticut medical lawyer, Connecticut medical malpractice attorney, hospital safety, medical malpractice, surgical error, wrong-site surgery, adverse medical error, This November, a California surgeon was placed on probation after mistakenly removing a patient’s right kidney. The operation, conducted in 2012, was supposed to be performed on the patient’s left, cancerous kidney. The surgeon, a urologist who was licensed for 41 years, performed the operation from memory—a mistake that has since required an additional surgery for the patient.

While wrong-site operations are not the most frequent of surgical errors, they are more common than one may think. A 2010 study of 6,000 doctors revealed 27,370 adverse events which occurred during surgeries performed between January 2002 and June 2008. Twenty-five were identified as wrong-patient surgeries and 107 were identified as wrong-site operations. “Of these,” reports USA Today, “five patients who received unnecessary surgery and 38 who received wrong-site operations were significantly harmed.” One patient who underwent a wrong-site surgery died as a result.

Additionally, a 2006 study reported by CNN revealed even more disturbing statistics. The study found that approximately 2,700 mistakes that involve a wrong-patient or wrong-site operation are made every year. When broken down, this equals nearly seven mistakes made every day. And while the mistakes may not be made intentionally, when they do occur, they can have far-reaching, negative consequences.

Doctor Marty Makary, a surgeon at Johns Hopkins Hospital, reported in The Wallstreet Journal that although doctors take a vow to do no harm, they also operate under another unspoken rule in the field: “to overlook the mistakes of our colleagues.” Makary revealed how the astute perception of a nurse once saved him from cutting into a patient’s lung after an intern had prepped the wrong side. He also added how “U.S. surgeons operate on the wrong body part as often as 40 times a week.”

One recent event in Oregon left a little boy, who had come in for surgery to correct a lazy eye, with two painful operations. As the doctor was completing the procedure, she realized the operation had been performed on the wrong eye. “I feel like we had a right to know the second she realized she was in the wrong eye,” the boy’s mother told CNN. As a professional surgeon, the boy’s mother believes the doctor should have realized right away that she was not operating in the eye with the problem.

When a doctor makes a surgical error, such performing a wrong-site operation, a patient is likely eligible for compensation. If this has happened to you, you do not have to go through it alone. Contact a compassionate and experienced Westport medical malpractice attorney today. We are here to help you get the compensation you deserve.

The Tragic Consequences of Overweight Trucks

November 28th, 2014 at 4:56 pm

car accident victims, fatal truck accident, overweight trucks, truck crashes, Westport personal injury attorney, severe personal injuriesOne of the most common causes for truck crashes in Connecticut and across the country is overweight truck loads. Many commercial tractor trailers haul loads which exceed the state’s maximum allowed limit of 80,000 pounds. Ignoring the law, however, can have tragic consequences. If an event occurs that causes a truck driver to lose control of the vehicle, serious—and often fatal—accidents can result.

Additionally, when a tractor trailer transports more weight than it is built for, it can cause serious mechanical issues such as tire blowouts and steering difficulties. The overweight loads can also hamper a truck’s ability to slow down and stop, therefore making it particularly dangerous for overweight trucks when traveling downhill.

Overloaded tractor trailers are also more easily prone to truck rollovers, as a recent fatal truck accident demonstrated. The driver lost control of the truck while attempting to maneuver in heavy traffic and flipped over onto a car. Both the car and truck burst into flames. The truck driver was able to get out of his vehicle and was uninjured. The driver and passenger in the car, however, were trapped and crushed under the burning truck, and were pronounced dead at the scene.

According to statistics from the National Highway Safety Administration (NHSA), there are more than 300,000 truck accidents in this country each year, which kill about 4,000 people. Another 105,000 people are seriously injured in these crashes. For victims who do survive, their injuries are often more severe and long-term than injuries suffered by victims of car accidents because of the size and weight impact of the tractor trailer involved in the accident. Often, their quality of life is significantly lowered by the accident.

If you were injured in a serious truck accident, please contact a dedicated Westport personal injury attorney today at 203-226-6168 to find out what legal compensation you may be entitled to for your pain and loss.

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