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Monticello Kentucky Personal Injury Blog

Former Kentucky nurse faces medical malpractice lawsuit

A former Owensboro nurse is facing a medical malpractice suit. She is accused of providing incorrect treatment to a man who later died of a heart attack in November 2016. His widow named the nurse as the defendant in a lawsuit.

The nurse is accused of treating her patients with testosterone, even when there was no evidence that the treatment was needed. At the time she treated the woman's husband, his testosterone level was 600 nanograms per deciliter (ng/dl) – right in the middle of the recommended range of 300 ng/dl. Testosterone treatment is recommended when the levels fall below 300 ng/dl, according to the woman's attorney.

Stay safe on the road this holiday season

Everyone is traveling during the holiday season, whether it is driving a few states over to spend time with family or taking a much-needed vacation.

According to the National Highway Traffic Safety Administration, around 300 people die in drunk driving accidents during the time between Christmas and New Year each year. But in December alone, over 700 individuals lost their lives. This does not account for hazards on the road that are not intoxicated drivers. What are the holiday’s most dangerous road hazards, and how can you avoid an accident because of them?

Are there prescription drugs in your daily supplements?

Over half of all adults in this country take one or more supplements daily. Despite mixed data on whether they improve our health or do what they claim to do, we still count on them to get the vitamins and minerals we may not get in our diet and to make us feel stronger, healthier and younger. In fact, 10 percent of Americans report that they take four or more dietary supplements every day.

We count on these supplements to be safe. However, many people may not realize that this $35 billion industry isn't as closely regulated by the U.S. Food and Drug Administration (FDA) as we might like.

Modern safety features can make driving safer for older people

As the American population ages, so do the number of senior and elderly drivers on the road. As people get older, they may feel as young as ever in some ways. However, their mental and physical capabilities diminish. Their senses aren't as good as they once were. Reaction time increases. Diminished mobility may make it harder to switch from the accelerator to the brake as quickly as necessary.

Even though older drivers tend to have safer driving habits, such as wearing seat belts and not exceeding posted speed limits, they still have a high injury and death rate. Besides suffering injuries themselves, they can put other drivers and passengers at risk.

Have you unknowingly bought a flood-damaged car?

Heavy rains and flooding are part of living in the Southeast and many other parts of the country. Every year throughout the U.S., thousands of vehicles suffer flood damage. Cars that are destroyed may be relinquished to junkyards or turned into scrap metal. However, those that are still operable after some repair work may be resold -- too often to unsuspecting consumers.

Even some cars that are determined by the owner's insurance company to be a total loss and required to get what is called a "salvage title" may end up being resold. These cars may make their way to used car lots hundreds or even thousands of miles away. Therefore, just because your area hasn't experienced flooding recently, that doesn't mean that the used car you're eyeing hasn't been in the middle of a flood elsewhere. In fact, those seeking to sell flood-damaged cars often transport them out of the region to areas where buyers may not think to ask about or check for this type of damage.

How patients can help avoid becoming victims of medication errors

Some of the most serious medical errors suffered by patients involve prescription medications. These errors include being given the wrong medication, either in a facility or when filling a prescription. Sometimes, patients are given the wrong dosage, perhaps by a nurse or other hospital or nursing home staffer who misreads the instructions. In other cases, patients are given a medication to which they're allergic or that interacts negatively with something else they're taking.

Medical professionals have a duty to take reasonable precautions to prevent these errors. However, patients and their family members can take steps to avoid potentially lethal mistakes.

Do fewer investigations mean car defects are going unfixed?

Many Americans depend on the National Highway Traffic Safety Administration (NHTSA) to be the "cop on the beat," as one safety advocate put it. They count on it to help ensure that car manufacturers take action to fix vehicle defects and to notify consumers about them.

However, the federal agency seems to have gotten less aggressive recently in pursuing investigations of reported problems. Last year, NHTSA opened just 13 investigations. That's a steep drop from 204 back in 1989. Further, it hasn't levied a civil penalty against a vehicle manufacturer since 2015. The significant drop in investigations actually started in 2016, when just 21 were initiated. In the decade prior to that, NHTSA averaged 61 new investigations each year.

How do you know if your insurer acted in bad faith?

You've paid your insurance premiums on time for years. Then when you finally needed to file a claim -- whether for a car crash, an overflowing bathtub that damaged your flooring or an emergency medical procedure -- the insurance company denied your claim. You believe that the denial was unfair, but how do you show in court that the insurance company was acting in "bad faith?"

Insurance companies are obligated to process, investigate and, if appropriate, pay claims within a reasonable period. If they don't pay a claim, their decision must be based on reasonable, objective considerations.

Kentucky high school sued over runner's heatstroke

We often hear about student football players suffering heat-related injuries and illnesses during their late summer practices. However, runners, although they don't have the heavy uniforms and padding, are also at risk of succumbing to the heat.

One young man, who had been on the cross country team at Louisville's Saint Xavier High School, is suing the Catholic school for negligence that he claims led to his heatstroke and subsequent hospitalization.

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