Columbus, Ohio Attorney Blog - Robert W. Kerpsack Co., L.P.A.

In its recently published report the Ohio Department of Insurance (ODI) reported that the number of medical malpractice claims filed in the state had fallen by about 30% in the last two years. Proponents of the tort reform that passed in the state in 2003 will claim that this is a sign that reform has worked to reduce frivolous medical malpractice lawsuits, but closer consideration might show that might not be so.

First, reports of "frivolous" medical malpractice lawsuits have always been exaggerated. According to a New England Journal of Medicine study in which doctors reviewed medical malpractice claims, 97% of all lawsuits filed were in response to a real, documented injury, and most injury claims (60%) were associated with medical errors.

Second, if the goal was to prevent frivolous lawsuits, we should actually see an increase in the percentage of lawsuits that resulted in compensation for the injured party, since frivolous lawsuits would be more likely to be stopped before they ever got started. However, the report showed that the percentage of claims filed that resulted in compensation was roughly the same in 2007 as it was in 2005 (22% in 2007, compared to 21% in 2005). This means that either the law has had no effect on reducing frivolous lawsuits, or fewer victims who deserve compensation are getting payment for their injuries.

Since the majority of medical malpractice lawsuits are the result of actual medical errors, we would only want to see medical malpractice lawsuits drop if medical errors are also decreasing. However, a recent report published by the Hearst Corporation estimates that medical mistakes continue to increase and that nearly 200,000 Americans die each year from preventable medical errors and hospital-acquired infections, about four times as many as die in auto accidents. With more people suffering as a result of medical errors, but the number of medical malpractice claims decreasing, it seems like tort reform has decreased access to compensation for people who have suffered injury or lost a loved one due to medical errors.

Third, if the goal of tort reform was to reduce costs associated with lawsuits, the report shows that it has been largely unsuccessful. The report shows that the costs associated with lawsuits, other than compensation for victims, has gone down by about 10%, but since the number of claims has dropped by 30%, the legal and investigative costs for each lawsuit has increased by nearly 50%, from $24,443 to $35,603. There are probably two main reasons for the increase in per-case legal costs. Increased requirements for evidence before a case can be filed and during a trial leads to more costs--medical experts are expensive. The other reason why cases are probably getting more expensive is that, with fewer cases to fight, insurance companies are consolidating their resources to fight harder per case, which might explain why fewer people who deserve it are getting compensation.

Most officials and commentators are reluctant to draw conclusions about the effects of tort reform, and, admittedly, this report represents a very small sample of data. But the signs do not look good.

If you have been hurt or lost a loved one as a result of a serious medical error, the medical malpractice lawyers at Robert W. Kerpsack, CO, LPA will fight for your rights. Please contact us today for a free consultation.

Chrysler Group, LLC, recently acquired by FIAT, Inc., has announced a recall of 24,177 Chrysler, Dodge, and Jeep vehicles for potential brake failure. The automaker reported the defect, specifically a malformed or missing brake booster input rod, to the National Highway Traffic Safety Administration (NHTSA) on January 7. The manufacturing defect could result in brake failure without warning and cause a serious auto accident.

Of the potentially defective vehicles affected by the recall, nearly 17,000 are Dodge Ram pick-up trucks. The complete list of the recalled cars and their model years is below:

• Sebring (Chrysler) 2010
  
• Ram (Dodge) 2009-2010
  
• Avenger (Dodge) 2010
  
• Nitro(Dodge) 2010
  
• Commander (Jeep) 2010
  
• Grand Cherokee (Jeep) 2010
  
• Liberty (Jeep) 2010
  

Chrysler will replace the brake booster input rod retaining clip free of charge. If you own one of these vehicles, you should receive notification about how to get this service performed, or you can call Chrysler at 1-800-853-1403.

At this point, there have been no confirmed accidents or deaths associated with the recalled models. But if you or a loved one has been injured in an accident you believe was caused by this or any other vehicle defect, please call or email the Columbus, Ohio personal injury lawyers of Robert W. Kerpsack CO, LPA for a free consultation today.

If we had the time and skill, most of us would choose to give our loved ones the care they need rather than putting them in a nursing home. Unfortunately, most of us have numerous time commitments, including work and our spouses and children that prevent us from devoting all our energies to caring for a sick parent, uncle, or grandparent. And often these time commitments prevent us from visiting as much as we would like, so that not just the physical care, but the emotional relationships our loved ones need on a daily basis are in the hands of the nursing home staff. Treating your loved one as if he or she is merely a body and not a whole person is a common symptom of nursing home neglect.

Look for these signs to ensure your loved one's emotional needs are being met:

• Does your loved one brighten when staff speaks to him or her?
  
• Does the staff all know your loved one by name?
  
• Does the staff know details about your loved one that likely came out in conversation?
  
• Is someone often with your loved one when you arrive for a visit?
  
• Does your loved one fondly mention members of the staff by name during conversation?
  

Positive emotional relationships are an important part of your loved one's quality of life, and can be indicative of the overall quality of care. If your loved one's emotional needs are not being met, the chances are that other areas of care may be lacking as well, and you should closely look for signs of neglect, like weight loss, dehydration, and pressure sores.

If your loved one is a victim of nursing home neglect or abuse, the chances are they are not alone. A nursing home neglect lawsuit can call attention to substandard care and give facility owners an incentive to fix problems, protecting your loved one and others. Please contact the law firm of Robert W. Kerpsack, CO, LPA today for a free case evaluation.