Lexington Kentucky Personal Injury Law Blog

An overview of robotic surgical procedures

On behalf of O'Brien Batten & Kirtley, PLLC posted in Medical Malpractice on Tuesday, April 16, 2019.

Patients in Kentucky and throughout the country may see better outcomes if they opt for a robotic surgery. However, this type of surgery is often more technically challenging than an open surgery. Therefore, it is important that it be performed by a surgeon who has experience doing so. Ideally, it will also be done by someone who performs an adequate volume of a given procedure. This is because experienced surgeons are less likely to make a mistake.

By avoiding mistakes, it is likely that a patient will avoid some or all complications that could occur. When done correctly, the benefits for a patient who undergoes a robotic surgery include less time out of work and less physical disfigurement. Other benefits include a shorter recovery period as well as a lower chance of infection. Prior to agreeing to a robotic surgery, a patient should ask questions about the surgeon who will perform the procedure.

Smartphone use while driving may not be going down

On behalf of O'Brien Batten & Kirtley, PLLC posted in personal injury on Wednesday, April 3, 2019.

For the past few years, many sources have warned Kentucky drivers about the dangers of distracted driving. Some states, including Kentucky, have sought to prohibit certain practices that cause distraction while operating a motor vehicle. However, a recent poll by a national insurance carrier suggests that the warnings may not be getting through to many.

The data was taken from two separate polls. The first was a survey of 1,000 consumer drivers. The other poll consisted of 1,000 business executives. It was conducted on a nationwide basis.

Truck crash fatalities rise, NHTSA criticized for inaction

On behalf of O'Brien Batten & Kirtley, PLLC posted in personal injury on Wednesday, March 20, 2019.

Fatal truck crashes are going up in Kentucky and across the U.S. There were 4,102 large truck crash fatalities in 2017, representing a 28 percent jump from 2009. Rear-end accidents are especially widespread, yet it is these types of accidents that can most easily be avoided with new safety technology, according to truck safety groups.

The National Transportation Safety Board, in particular, recommends that all heavy trucks be required to have forward crash warning and mitigation systems. These systems can alert drivers when advancing toward stationary or slow-moving objects. On at least 10 different occasions since the 1990s, the NTSB has made this recommendation to the National Highway Traffic Safety Administration, yet the latter has failed to propose any regulations.

3 warning signs of a negligent nursing home

On behalf of O'Brien Batten & Kirtley, PLLC on Friday, March 15, 2019.

Many nursing homes are safe and positive places for elderly citizens to enjoy their golden years. At least, this is what you hope for your aging mom or dad. There are also elderly care facilities that are outright abusive and hazardous.

Then there are the nursing homes that fall somewhere in the middle. In negligent nursing homes, residents may not be victims of physical or sexual abuse, but they may not get the adequate care they need and deserve. Here are some red flags of a neglectful nursing home.

How non-technical skills reduce chance of surgical errors

On behalf of O'Brien Batten & Kirtley, PLLC posted in Medical Malpractice on Tuesday, March 5, 2019.

Experts say that 45 percent of adverse medical events involve surgical patients. Of those events, 35 to 66 take place in the operating room. Kentucky residents should know that complications during surgery do necessarily develop because of any lack of technical skills on the part of the doctor. Rather, they can develop because surgeons fail to react to a situation in an appropriate way.

When things go wrong, surgeons need not only ability and ambition but also adaptability and humility. Part of this means admitting when they did something wrong. Another part is working calmly when under pressure.

What to do after a vehicle accident

On behalf of O'Brien Batten & Kirtley, PLLC posted in personal injury on Tuesday, February 19, 2019.

Kentucky drivers should know what to do if they are involved in a motor vehicle accident. Taking the proper steps is not only important for their safety, but it can also help make the insurance claim process a lot easier.

Remaining calm is very important in the aftermath of a vehicle accident. People who are calm will be better able to help others and retain vital details about the accident that can be valuable to an insurance agent or attorney. Calm individuals will also have an easier time recording details.

Rising rate of fatal big rig crashes concerns safety group

On behalf of O'Brien Batten & Kirtley, PLLC posted in personal injury on Thursday, February 7, 2019.

The co-founder of Road Safe America has called on the trucking industry to use existing safety technology within many commercial trucks to reduce the rising truck accident rate. A report from the safety group detailed federal traffic data that showed an increase in fatal truck accidents from 2009 to 2016. During this period, the total miles driven by large commercial trucks actually decreased slightly. If all big rigs operated with speed limiters and automatic emergency brakes, then traffic safety in Kentucky and nationwide could improve, according to the report.

The failures of federal regulators to establish requirements for speed limiters and automatic emergency brakes have created an environment where trucking companies only adopt the safety technology on a voluntary basis. Road Safe America's report urged the entire industry to take advantage of the safety and fuel savings enabled by the technology.

Avoiding drowsy driving in Kentucky

On behalf of O'Brien Batten & Kirtley, PLLC posted in personal injury on Wednesday, January 23, 2019.

Kentucky motorists should know that being sleep-deprived can be as bad as driving under the influence of alcohol. The National Sleep Foundation says that staying awake for 24 hours makes a person act like someone with a blood alcohol content of .10 percent. For comparison, the legal limit for drivers is .08.

Yet many drivers underrate the importance of sleep. In a recent AAA survey, nearly one-third of respondents admitted to driving drowsy in the previous month. They said they were so tired they could hardly keep their eyes open. With the following in mind, however, drivers can avoid the dangers.

Possible liability types for a product liability claim

On behalf of O'Brien Batten & Kirtley, PLLC on Tuesday, January 22, 2019.

When people purchase or utilize certain items, they expect them to function in a certain manner. When those items do not function as intended, they can lead to injuries, and sometimes death.

People who suffer from an injury due to a malfunctioning product may be able to pursue a successful product liability claim. In determining the best route to take, it is important to understand the different types of liability that manufacturers and distributors are responsible for.

Work-related stress leads to more surgical errors

On behalf of O'Brien Batten & Kirtley, PLLC posted in Medical Malpractice on Tuesday, January 8, 2019.

It's no secret that stress can make workers inattentive and careless. For doctors in particular, however, even something as small as a negative thought or a loud noise can be dangerous. Residents of Kentucky should know that researchers at the Data Science Institute at Columbia University recently discovered this and much more.

For the study, a professor of surgery was asked to wear a high-tech "smart shirt" under his scrubs during 25 surgical procedures, most of them gastric bypasses. This shirt measured electrical pulses from the heart and recorded any variations in times between heartbeats, which are good indicators of increased stress. During the procedures, a researcher documented any mistakes.