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Hot Legal Topics – Michigan Auto Accident Attorney & Experienced Medical Malpractice Lawyers
From:
Cochran, Kroll and Associates Cochran, Kroll and Associates
For Immediate Release:
Dateline: Detroit, MI
Tuesday, June 28, 2016

 
Hot Legal Topics – Michigan Auto Accident Attorney & Experienced Medical Malpractice Lawyers | Cochran, Kroll & AssociatesMedical Error Now the Third Leading Cause of Death in the U.S.All Terrain Vehicles Are Not A ToyMichigan No-Fault Insurance Changes Affect SeniorsSnowmobile AccidentsMichigan Jet Ski AccidentsCurling Iron Lawsuit


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http://www.cochranlaw.com/medical-error-now-the-third-leading-cause-of-death-in-the-u-s/ Thu, 26 May 2016 18:51:02 +0000 http://www.cochranlaw.com/?p=2212 Medical Error now the third leading cause of death in the U.S.

A study published by the BMJ (formerly the British Medical Journal) on May 3, 2016 reports research findings that medical error is now the third leading cause of death in the United States.

The study, conducted by doctors at Johns Hopkins University School of Medicine in Baltimore, Maryland, suggests that medical errors now kill more people than lower respiratory diseases like emphysema and bronchitis, moving medical error up to the third leading cause of death, right behind heart disease and cancer.

Through their analysis of four other studies examining death rate information, the Johns Hopkins report estimates there are at least 251,454 annual deaths due to medical errors in the United States.

The number of deaths translates to 9.5% of all deaths each year in the U.S. climbing dramatically from the 44,000 estimated in the 2000 Institute of Medicine report “To Err Is Human.”

The Johns Hopkins research includes everything from doctor error to more systemic issues such as communication breakdown occurring when patients are handed off from one department to another.

The authors believe the number is actually much higher, as medical errors taking place in doctors?™ offices, homes and nursing homes are not counted in that total. Additionally, accurate transparent information about medical errors is not currently captured on death certificates, which are the documents the Centers for Disease Control and Prevention (CDC) uses for ranking causes of death and setting health priorities.

According to Medical Malpractice attorney Eileen Kroll, a Partner in the law firm of Cochran, Kroll & Associates in Livonia, Michigan, ?œOne of the most important aspects of this new report is that physicians are starting to recognize the impact medical errors have on human life and are actually urging the CDC to adopt ?˜medical error?™ as a legitimate cause of death, hopefully shining a light on this increasing problem and forcing hospitals and health care providers to enact and enforce improved safety standards.”

?œA medical error,” states Kroll, who is also a Registered Nurse, ?œis any preventable complication stemming from a patient?™s care, whether or not it is immediately evident or harmful to a patient. Medical malpractice occurs when a doctor, nurse, hospital or other medical provider makes a medical error which is contrary to the standard of care.”

Despite the frequency and severity of preventable medical errors, the state government and Michigan Courts have made the filing of Medical Malpractice claims exceedingly complicated, complex and expensive.

That is why it is essential to contact medical malpractice attorneys Cochran, Kroll & Associates, a highly experienced and uniquely qualified law firm, to investigate harm to yourself or a loved one as a result of a doctor or hospital?™s medical error and to help navigate you through the complex legal process.

Eileen Kroll focuses her caseload on medical malpractice issues. She earned her BS in Nursing from Madonna University and her law degree from University of Detroit.

If you, or someone you know, have been the victim of medical error, please contact our office for a free, confidential review of your potential claim. You could be entitled to financial compensation.

]]>http://www.cochranlaw.com/all-terrain-vehicles/ Sat, 15 Feb 2014 17:45:43 +0000 http://gvcftest.bigcitybrands.com/?p=1 All Terrain Vehicles Are ?˜Not a Toy?™ Says Michigan Accident Attorney Terry Cochran
They Are a Powerful Machine That Can Kill Or Maim

LIVONIA, Michigan ?“ Misguided parents, wanting their children to have a good time, will buy an All Terrain Vehicle (ATV) for family recreation only to have a loved one end up in the emergency room ?“ possibly injured for life or worse.

The problem is that parents may view an ATV as a type of toy, a step-up for growing children who have outgrown Big Wheels.

But an ATV is not a toy, it?™s a powerful, motorized vehicle weighing up to 600 pounds and reaching speeds of more than 60 m.p.h. Even the best drivers often lose control and a collision or a rollover can happen quickly.

?œIf there is one product I could remove from the face of the earth it would be the All Terrain Vehicle,” says attorney Terry Cochran, senior partner of Cochran, Kroll & Associates, Livonia, Michigan. ?œAn ATV is definitely not for kids but the kids love them and can?™t wait to get on them. Worse yet, some ATVs are actually designed for children, which I find to be terrifying because it tends to be children who are severely injured in ATV crashes.”

All Terrain Vehicles, used for off-road riding, have gained enormous popularity in Michigan and elsewhere the last decade for recreation, rescue efforts, and quick, easy transportation in off-road areas. Nevertheless, ATVs have caused more than 6,000 fatalities in the past two decades, according to the Consumer Product Safety Commission. The CPSC estimates that about one-third of all people involved in ATV accidents are children.

ATVs were introduced in 1971 as 3-wheel vehicles. The 3-wheelers caused so many rollovers and injuries that the U.S. Justice Department filed a lawsuit alleging that ATVs and their manufacturers violated the Consumer Product Safety Act. As a result, manufacturers agreed in 1987 to stop producing 3-wheelers but did not recall the 2.4 million that had already been sold. However, there are still many extremely dangerous 3-wheeler ATVs still in use.

In 2003 alone more than 125,000 riders or passengers of ATVs were taken to the emergency room. Of those injured, 38,600 were children younger than age 16. With these powerfully fast vehicles, the inclination to take unnecessary risks is the cause of many of these injuries.

?œA young girl, age 10 or 11, involved in an ATV accident in mid Michigan in 2006 broke her neck and died,” says Cochran. ?œIt was a rollover accident and the cause was a combination of inexperience and a poorly educated driver not properly supervised by an adult. Ninety percent of ATVs out there are for recreational use and manufacturers have a responsibility to produce appropriate warnings and instructions and parents and adults must provide supervision to kids so these tragic accidents don?™t happen.”

The most common injuries associated with ATV crashes are to the head, face and spine ?“ skull fractures, facial fractures, brain injuries, coma, paralysis and spinal cord injuries. Some kids have short-term disability, some have a lifetime of disability, and some kids die.

The highest risk age group by far is males younger than 16. Often these youngsters are riding without protective equipment and with more than one person on the ATV. Risk-taking and goofing around while riding is common. Young people represent nearly 40% of all ATV-related injuries and deaths.

The reasons why young people are injured so often include: No helmet use; carrying one or more passengers; lack of mature judgment; lack of adequate strength and coordination; and, the ATV is too big for their size and age. The American Academy of Pediatrics and The American College of Surgeons both recommend that children under 16 years of age not ride ATVs due to the high risk of serious injuries.

Cochran also wants to remind ATV owners that if an ATV collides with a moving vehicle they are covered by Michigan No-Fault Law. The operator may be eligible for No-Fault benefits if they strike a vehicle parked on the side of the road in ?œa manner that presents an unreasonable risk of bodily injury.” This is important because an ATV colliding with a car parked on the side of the road will be entitled to No-Fault benefits.

According to the Michigan Department of Natural Resources (DNR) Michigan is fourth in the nation for ATV sales and registration and fourth highest in the nation for the number of crashes and deaths involving ATVs. In 2004 there were 160,000 registered ATV riders in Michigan and, in the same year, Michigan had 13 fatalities and 270 crashes.

Safety Tips for all ATV Riders are:

  • Do not carry passengers. ATVs are designed for one person.
  • Wear a helmet with eye protection.
  • Wear non-skid, closed toe shoes.
  • Wear long pants and a long-sleeve shirt.
  • Do not ride on public roads or at night.
  • Never use a 3-wheeler. They are unsafe and no longer manufactured.
  • Attend an ATV driver?™s safety course.

?œATV riders injured by someone taking unnecessary risks have a right to collect the damages,” says Cochran. ?œA lawyer knowledgeable about the dangers of ATV riding can help you determine whether you have suffered because of the negligence of another. If an avoidable accident has robbed you of your health, contact a lawyer as soon as possible. Only an experienced personal injury attorney can help you receive the justice that you deserve.”

The attorneys at Cochran, Kroll & Associates have the skills, legal knowledge and experience needed to protect people who have suffered personal injury or the death of a loved one because of an ATV accident and will seek to win payment for their clients’ injuries, expenses, and loss.

The Law Offices of Cochran, Kroll & Associates, P.C. is dedicated to representing individuals and families who have suffered catastrophic losses as a result of injuries, disabilities and death. The firm does not represent insurance companies or corporations but instead bases its practice upon representing individuals and families.

]]>http://www.cochranlaw.com/michigan-insurance-changes/ Mon, 07 Apr 2014 17:00:06 +0000 http://gvcftest.bigcitybrands.com/?p=877 Alan Caldwell of Everything Elderly interviewed Terry Cochran on AnnArbor.com about how changes in Michigan’s No-Fault Insurance will affect seniors:

Terry Cochran interview by AnnArbor.com

“Terry Chochran explains where we are today with Michigan No-Fault Insurance and the benefits of the current structure. Since 1973, Michigan has had one of the most progressive no-fault laws. We have guarantees for accident victims that medical bills and full care will be covered for life.

Proposed changes will limit access to medical care providers and limit the amount of money available for auto accident victims. The lowest coverage is $500,000. In the case of a catastrophic injury, that amount will be spent within the first six weeks.

The elderly are particularly vulnerable. Seniors do not want to be a burden to their families, and it’s pretty clear that Medicare just won’t have funds to cover these expenses.

The insurance companies say the changes will allow for lower insurance premiums, but they make no commitments. Proponents of the proposed changes have a legitimate claim that medical and care expenses need more controls. Terry is supportive of increased oversight of medical services. Better reviews by the medical community of services and goods is appropriate and needed.”

Read the original story and listen to the interview

]]>http://www.cochranlaw.com/snowmobile-accidents-avoided/ Mon, 31 Mar 2014 19:18:27 +0000 http://gvcftest.bigcitybrands.com/?p=698 Snowmobile Accidents Can Be Avoided Says Michigan Attorney Terry Cochran

Snowmobiles Have Great Impact on Economy But A Greater Impact For Avoidable Accident

LIVONIA, MI ?“ Thousands of snowmobile riders will hit the 6,200 miles of groomed, state trails from Dec. 1 through March 31 to enjoy breathtaking views of Michigan from the seat of a snowmobile.

Snowmobiling has a huge economic impact on the state, annually generating more than a billion dollars both directly and indirectly from the more than 400,000 registered snowmobiles in Michigan. Those benefiting include hotels, restaurants, the tourist industry as a whole, and dealers and manufacturers. The average snowmobile sold for $7,942 in 2005, while the average snowmobiler spent over $4,000 on the sport. Those are funds put back into this state?™s economy.

The Michigan Snowmobile Association (MSA) is encouraging its 20,000-plus members and all other snowmobilers to take the Zero Tolerance Pledge and promote alcohol-free snowmobiling. Operating a snowmobile under the influence of alcohol is against the law and carries the same stiff penalties as drinking and driving in an automobile. During the 2004-05 winter season, the number of snowmobile-related deaths in Michigan went down, while deaths involving the use of alcohol also dropped dramatically from the previous year.

?œOur law firm joins the MSA to advance its cause of alcohol-free snowmobiling,” says attorney Terry Cochran, senior partner of Cochran, Kroll & Associates, Livonia, MI. ?œWe are encouraged that more and more snowmobilers are being responsible and not mixing alcohol with this great winter sport. And while using our wonderful state trails, we urge vigilance be given when approaching pedestrians, cross-country skiers, or groups of snowmobiles to avoid accidents.”

A snowmobile can weigh up to 600 pounds and some performance sleds can travel at speeds in excess of 90 m.p.h. At 90 m.p.h., a snowmobile moves at 131 feet per second. With a standard reaction time of 1.5 seconds, a snowmobile will travel 195 feet before coming to a stop.

Children are at risk for snowmobile-related injury from being the operator, bystander, or passenger. Pediatric snowmobile-related injuries are often a result of risk-taking behavior of the parent (excessive speed, alcohol use, and nighttime driving). Males younger than 16 years are more than three times as likely as females of the same age to sustain a snowmobile-related injury.

If an accident does happen, Cochran urges the victim to take note whether they are on a state trail, a public or private trail, as Michigan?™s recreation statute provides for governmental immunity if you are injured on state land while snowmobiling. While on trails going through private land, snowmobiles should stay on the trail to avoid trespassing and to avoid hidden hazards like rocks or stumps under the snow.

Cochran also wants to remind snowmobile owners that if a snowmobile operator collides with a moving vehicle they are covered by Michigan No-Fault Law. The operator may be eligible for No-Fault benefits if they strike a vehicle parked on the side of the road in ?œa manner that presents an unreasonable risk of bodily injury.” This is important because a snowmobiler colliding with a car parked on the side of the road because of a snowstorm often will be entitled to No-Fault.

Statistics show that only 10-15% of snowmobile accidents occur on well-maintained and designed trails where as much as 80-90% of all snowmobiling takes place. Just a few of the risks along trails include: Cable and guide wires, fences, barbed wire, unsafe ice and ice ridges, hidden rocks, tree stumps, low hanging branches and other obstacles.

The U.S. Consumer Product Safety Commission estimates that about 110 deaths and 13,400 hospital emergency room-treated injuries occur each year with snowmobiles. About 40% of the reported deaths resulted from colliding with trees, wires, bridges, and other vehicles. Some deaths occurred when the snowmobile rolled to the side in a ditch or stream and pinned the operator under the vehicle. Deaths also have occurred when the snowmobile was operating on ice and fell through.

In Michigan snowmobile safety training is recommend for all operators and required for persons ages 12 to 17. Speed and operator inattention are the cause of most accidents. In Michigan, an added danger is travelling over frozen waterways when the ice is too thin. For a safe and enjoyable season, the Michigan Department of Natural Resources offers these tips:

  • Always keep your machine in top mechanical condition.
  • Always wear insulated boots and protective clothing including a helmet, gloves and eye protection.
  • Never ride alone.
  • Avoid, when possible, crossing frozen bodies of water.
  • Never operate in a single file when crossing frozen bodies of water.
  • Always be alert to avoid fences and low strung wires.
  • Never operate on a street or highway.
  • Always look for depressions in the snow.
  • Keep headlights and taillights on at all times.
  • When approaching an intersection, come to a complete stop, raise off the seat and look for traffic.
  • Always check the weather conditions before you depart.

?œSnowmobile riders injured by someone taking unnecessary risks have a right to collect the damages,” says Cochran. ?œA lawyer knowledgeable about the dangers of snowmobile riding can help you determine whether you have suffered because of the negligence of another. If an avoidable accident has robbed you of your health, contact a lawyer as soon as possible. Only an experienced personal injury attorney can help you receive the justice that you deserve.”

The attorneys at Cochran, Kroll & Associates have the skills, legal knowledge and experience needed to protect people who have suffered personal injury or the death of a loved one because of a snowmobile accident and will seek to win payment for their clients’ injuries, expenses, and loss.

The Law Offices of Cochran, Kroll & Associates, P.C. is dedicated to representing individuals and families who have suffered catastrophic losses as a result of injuries, disabilities and death. The firm does not represent insurance companies or corporations but instead bases its practice upon representing individuals and families.

]]>http://www.cochranlaw.com/michigan-jet-accidents/ Mon, 31 Mar 2014 19:23:05 +0000 http://gvcftest.bigcitybrands.com/?p=700 Michigan Jet Ski Accidents Preventable Says Attorney Terry Cochran

Provide Great Fun But Can Lead to Even Greater Tragedies

LIVONIA, MI ?“ Riding personal watercraft also known as jet skis, on Michigan lakes is a great way to have fun on a hot summer day, but it?™s also a tragedy waiting to happen if common sense and due care are not followed.

Most owners know how to operate a personal watercraft because Michigan law requires completion of safety training classes before young operators can become licensed. But owners often will let untrained friends ?œtake a turn” on the water and then very bad things can happen.

?œThe problem with personal watercraft is people striking other people in the water, either another craft or a swimmer,” says attorney Terry Cochran, senior partner of Cochran, Kroll & Associates, Livonia, MI. ?œOperators of personal watercraft, travelling at high rates of speed, must always be very careful and extra vigilant to spot people in the water. The craft may inadvertently travel into a designated swimming area, or a swimmer may wander outside the area. Since you can?™t brake the vehicle, tragedy can easily occur when the operator is inattentive.

Another major factor is the use of alcohol by personal watercraft operators. ?œFriends are out having fun on the lake on a hot weekend day,” adds Cochran. ?œWhen alcohol becomes part of the formula for fun, then the watercraft should be docked for the day.”

Cochran also cautions against using personal watercraft for tubing. ?œI know lots of people use personal watercraft for tubing or water skiing but these vehicles are not designed to pull people through the water,” says Cochran. ?œThe craft may have a hook for towing but the operator has very little control over a tube swinging directly toward a swimmer. Many states allow use of personal watercraft for tubing if there is a passenger spotter, but it still is a dangerous practice.”

And the consequences of careless personal watercraft operators can be very serious, especially for young people. In any given year, about 20 percent of all personal watercraft injuries in the U.S. are to youth under the age of 18. Of those injured children, 46% were operators and 27% were passengers.

Today there are more than one million personal watercraft vessels in use, resulting in an average of about 5,000 accidents each year causing 2,600 injuries and more than 70 deaths.

The Coalition of Parents and Families for Personal Watercraft Safety conducted a 10-year study of personal watercraft that showed: 55.1% of the injuries were to the head, face, and/or neck; 60.7% of the trauma cases involved 10-14 year olds; 83% of the accidents required at least 1 surgical procedure; 42.2% of the victims were admitted to intensive care; 42.4% had disabilities after injury and 6.1 % died. Other injuries include carbon monoxide poisoning, burns, amputations, hypothermia, head trauma, disfigurement, and broken bones.

Watercraft vessels are usually operated by a person who is sitting, standing, or kneeling. As an inboard boat, personal watercrafts are required to follow the same rules and requirements of other powerboats, in addition to any specific rules applicable to personal watercraft.

Personal watercraft are about 8 feet long and are powered by self-contained engines with an enclosed propeller that uses pressured water for thrust. These smaller watercraft can reach top speeds of 70 m.p.h. Most models are designed to accommodate 2 to 3 passengers. A personal watercraft cannot be steered when the engine is off, even though momentum may still carry the craft forward.

Jet skis make up only 6.5% of all boating vessels owned in the U.S. but are involved in 55% of all boat collisions. The U.S. Coast Guard found in 2002 that a personal watercraft operator is seven times more likely to get hurt than a motor boat operator and 30 times more likely than a canoer or kayaker.

Collisions with docks, larger boats and other personal watercraft account for more than 65% of all reported injuries. Collisions often occur when operators attempt to jump the wake generated by another vessel. In Michigan, no one younger than age 12 can operate a personal watercraft. Persons 12 and older who were born after 1978 can operate a personal watercraft only if they obtained a safety boating certificate, which is issued after taking required safety classes. ?œPersonal watercraft operators and owners have a legal duty to exercise the highest degree of care in order to prevent injuries to others,” says Cochran. ?œThe overwhelming majority of boating accidents are caused by factors that can be controlled by the operator. If you’ve been the victim of a personal watercraft accident, you have the right to seek reparations for your injuries. Because these vessels pose a unique danger of serious personal injury and death, and involve complex legal and safety issues, you need an experienced attorney to help you.

The attorneys at Cochran, Kroll & Associates have the skills, legal knowledge and experience needed to protect people who have suffered personal injury or the death of a loved one because of a boating accident and will seek to win payment for their clients’ injuries, expenses, and loss.

The Law Offices of Cochran, Kroll & Associates, P.C. is dedicated to representing individuals and families who have suffered catastrophic losses as a result of injuries, disabilities and death. The firm does not represent insurance companies or corporations but instead bases its practice upon representing individuals and families.

]]>http://www.cochranlaw.com/curling-iron-lawsuit/ Mon, 31 Mar 2014 19:26:06 +0000 http://gvcftest.bigcitybrands.com/?p=702 Chinese Made Curling Iron Electrocutes Hair Stylist, Her Attorney Demands that ?˜Helen of Troy?™ Recall Product

Michigan Woman Struggles With Living After Brain Damage and Debilitating Injuries Caused by Curling Iron

MONROE, MICHIGAN — A professional hair stylist is wheelchair-bound and suffering from brain damage after being electrocuted by a faulty curling iron.

Rita Perna-Allor of Monroe was working for Blue Water Spa Salon in Monroe on January 18, 2007, when the Hot Tools Curling Iron she was holding shorted out. (MODEL # 1130)

Upon arriving at the burn center at St. Vincent?™s Medical Center in Toledo, Perna-Allor could not remember her address or phone number and experienced difficulty speaking. Her hand was covered with dark spots, fat liquefied in her arm and gangrene set in within two weeks.

Because of the permanent and debilitating injuries, Perna-Allor is suing Helen of Troy, the manufacturer of the faulty curling iron, for failure to have an adequate handle and other safety features; and Blue Water Spa and Salon of Monroe, Michigan, for not having properly grounded (G.F.I.) outlets. She is being represented by Terry Cochran of Cochran, Kroll & Associates, P.C., of Livonia, Michigan.

?œBoth are being charged with negligence because the manufacturer failed to equip the curling iron with a proper handle and safety features and because the salon did not install Ground Fault Interrupters (G.F.I.) and take other action that could have prevented this tragedy from occurring,” explains Cochran.

Perna-Allor had major surgery to increase blood flow but still suffers from excruciating pain. She has brain damage, must use a wheelchair, has lost a filling, is incontinent from nerve damage and some days can hardly talk.

Perna-Allor?™s specific injuries include severe electrical shock to her right fingers, hand, wrist and arm including the vascular and nervous system of her entire body.

After the injury, Perna-Allor?™s husband took several months off work, from February to June, as a Ford production worker to help his wife.

Doctors have been unable to come up with a definite plan of treatment thus far. A visiting nurse comes twice a week but the physical therapist does not want to work with Perna-Allor for fear of hurting her more.

As an independent contractor, Perna-Allor is not eligible for worker?™s compensation. Her annual income, as a stylist and international platform artist, has fallen from $100,000 to $20,000 annually. As a platform artist, Perna-Allor would be paid to demonstrate hair styling on stage all over the country.

Besides receiving justice for lost income and permanent damage, Perna-Allor hopes that the faulty curling irons will be recalled and that Michigan electrical codes be upgraded. So far, Conair, Revlon, and Wahl Clipper Corp. have conducted national recalls of their curling irons because of dangers of electrical shock.

The Law Offices of Cochran, Kroll & Associates, P.C., is dedicated to representing individuals and families who have suffered catastrophic losses as a result of injuries, disabilities and death. The firm does not represent insurance companies or corporations but instead bases its practice upon representing individuals and families.

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