Blog Posts

Hospitals' medicine mistakes spike, but more mysteries revealed

Errors, though rare, killed four and injured 10 in 2015. That's the highest total of deaths in 12 years of the reporting. 
 

Hospitals have switched from handwritten prescriptions and pills in Dixie cups to computerized order entry and robotic drug dispensing, but one thing hasn't changed over the past two decades: the small but severe risk of injuries and deaths from medication errors.

In a new report, Minnesota hospitals disclosed four deaths and 10 serious injuries related to medication errors in the 12-month period ending last Oct. 6. That's the highest total in 12 years of “adverse event” reporting in Minnesota, which remains one of only five states to publicly disclose hospital errors as part of a concerted effort to prevent them.

“One is too many,” said Dr. Beth Thomas, interim chief medical officer for Fairview Health Services, which reported five medication errors at the University of Minnesota Medical Center last year and a sixth at Southdale Hospital in Edina.

Disabling or fatal medication errors have vexed hospital officials statewide, because they can occur at so many different points along the prescription pipeline.

550 Drivers Cited For Texting While Driving

WCCO

Txt1
distracted drivers

MINNEAPOLIS (WCCO) — A 10-day distracted driving campaign through the Minnesota Department of Public Safety resulted in 550 drivers being cited for texting while driving.Law enforcement agencies increased efforts to crack down on distracted driving from April 11-20.

During that time, officers also issued 1,394 citations for not wearing seat belts, 25 citations for not using child restraints and made 15 DWI arrests.According to the department's Office of Traffic Safety, more than 86,000 crashes were attributed to distracted driving from 2009-2013 — that amounts to 25 percent of all crashes in those five years.

FULL STORY WCCO

'Distracted driving' tickets:55 per day'

By Brian Lambert | 04/22/14 MINN POST

That “distracted driver” crackdown? Something tells me a few scofflaws slipped through the nets.

Mary Lynn Smith of the Strib says, “A 10-day crackdown on distracted driving snagged 550 people who were illegally ­texting while driving on Minnesota roads. …

State troopers and police officers have seen it all: people eating burgers, applying makeup, shaving, reading newspapers, scrolling on computers and of course, texting.”

Read full story below

MINNPOST distracted driving tickets 55-day

Minnesota's distracted driving crackdown snags 550 in 10 days

Article by: Mary Lynn Smith , Star Tribune

April 22, 2014 - 9:36 AM

More than 500 people were cited for texting while driving during a recent crackdown on distracted driving offenses, which cost nearly as many lives each year as drunken driving. Officers from more than 400 departments also found kids not in safety seats, people not wearing seat belts and drivers engaged in a stunning array of activities that diverted their attention from the highway. But those drivers were fortunate to escape with just a ticket.

Deej Logan lost her life in 2012 when the 17-year-old from Byron, Minn., didn't see the stopped school bus ahead because she had picked up her phone to send a text. She never finished that text or her senior year.

Read Full Article below

http://www.startribune.com/local/256112581.html

2014 U.S. Bank Skyway Open, February 21 -23, 2014

Grab your putters and hit the Skyways! The Downtown Network is pleased to bring the 8th Annual U.S. Bank Skyway Open Golf Tournament back to Downtown Minneapolis. The event, featuring 19 one-of-a-kind miniature golf holes, benefits the Boys And Girls Clubs of the Twin Cities

Golfers are invited out to the three-day event, held on Friday, February 21st, Saturday, February 22nd & February 23rd 2014. This year the U.S. Bank Skyway Open is expected to bring over 1000 golfers to the downtown skyway system, and is designed to draw all ages - from downtown professionals to families looking for children-friendly activities.

Friday's participation includes access to the course and to the 19th Hole Celebration. Saturday will provide golfers with access to the course and many children's activities & Sunday a last chance to hit the links!

Heuer Lund Flores proudly participates in this great community event !

Obamas Union Depot Speech 

Written and published by the City Pages by: Aaron Rupar 

Just after 2 p.m. today, President Barack Obama will deliver a speech at St. Paul's recently refurbished Union Depot. It's a fitting setting because (Spoiler alert!) during his remarks, Barack will outline a new, $300 billion-plus transportation plan.

Not there?

Don't worry.

You can watch Obama's speech streaming below the jump, and as an added bonus you won't have to deal with trying to make your way out of a gridlocked downtown St. Paul when he's done.

 To view video

Roller Coaster Accidents

Two cars on the Superman Ride of Steel roller coaster at the Six Flags New England park collided today, injuring at least 19 people.

According to a statement by park officials, the injuries did not appear to be serious. They expected "a few more" people to be taken to hospitals as a "precautionary measure."The statement did not specify which hospitals the injured were being taken to.

Mike Kintner, a spokesman for Baystate Medical Center in Springfield, said it had received four of the injured and was expecting more. He said the hospital was told that 16 people were being taken to hospitals from the park.Fire officials also said that all the injuries appeared minor.

However 10 ambulances had been sent to the scene, said Agawam firefighter Bill Barber.Series of Roller Coaster Mishaps The park remained open this afternoon, but the ride, one of the park's seven roller coasters, was closed.

The Superman ride had opened in May 2000.The accident is the fourth on a roller coaster in a New England amusement park this season.A park maintenance worker was killed June 13 when he was hit by the Boulder Dash roller coaster at the Lake Compounce amusement park in Bristol, Conn.

The next day, the Zoomerang roller coaster at that park failed to stop at the correct location, and 26 people were stuck for more than 90 minutes before firefighters were able to bring them down.Five people were injured on July 27 when two cars collided on the Yankee Cannonball roller coaster at Canobie Lake Park in Salem, N.H. That accident was blamed on human error.

Please visit abc new go for more information.

Please visit our Case Results

Law bans background checks for applications

By: Elizabeth Ahlin

When Minnesota's new ban the box law went into effect at the beginning of the year, it was a triumph for many who had spent years working toward its passage and for better inclusion of the state's citizens who have been arrested or convicted of crimes in the past.

“People should be hired or not hired based on their overall needs for the job or individual skills, not be automatically excluded on the front end,” said Steve Smith, a partner at Nichols Kaster. “It's a trend you're going to see nationwide. It's nice to see Minnesota get in line.

”Ban the box bars employers from inquiring about the arrest or conviction records of job candidates when they are applying for jobs. That means no universal job application forms with a box to check to certify that one has never been arrested or convicted. That also means no casual verbal inquiries into one's criminal background. But the ban isn't absolute.

Once a job applicant has been selected either for an interview or for a conditional offer of employment, a criminal background check can be done.“So many people have some kind of a criminal record now, and often their application candidacy was just dismissed based upon that criminal record, without consideration of their skills and qualifications and what they can offer to an employer,” said Mark Haase, vice president of the Council on Crime and Justice and co-chair of the Second Chance Coalition, a coalition of more than 50 groups working on behalf of people with criminal records.

Compliments of Minnesota Lawyer to read full article please visit

http://minnlawyer.com/2014/01/24/law-bans-background-checks-for-applications/

Misdiagnosis and a Missed diagnosis

We often see missed or incorrect diagnoses involving conditions such as:

Heart attack

Aortic dissection

Pulmonary embolism Infection

Pneumonia

Appendicitis

Cancer misdiagnoses including, but not limited to: Breast cancer ,Colorectal cancer, Lung cancer Testicular cancer, Prostate cancer and Cervical cancer.

If you or a loved one has suffered as a result of a misdiagnosis or missed diagnosis, you may be entitled to compensation for the harms caused.

Heuer Lund Flores,PA has the team to successfully represent victims of misdiagnoses and missed diagnoses and have the experience and resources needed to handle these complicated matters.

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Nursing-home abuse lawsuits die with the victims

Article by : Brandon Stahl Star Tribune

January 20, 2014 - 9:34 AM

The sexual and physical assaults of 15 residents in an Albert Lea nursing home in 2008 outraged Minnesotans, led to the criminal convictions of two nurse aides and prompted a change in state law. Victims and their family members sought justice by filing lawsuits against the nursing assistants, the home and its owner, the Evangelical Lutheran Good Samaritan Society.

Yet by October 2011, all of the civil cases in Minnesota had been dismissed. The reason? The victims had died. State lawmakers soon may consider changing what's known as Minnesota Survival Law, which requires that a personal injury case be dropped if the victim dies of unrelated causes. Advocates for the change say Minnesota is one of only four states with such a requirement, and they point to the Albert Lea case as the prime example of what's wrong with the law.“There was nowhere we could go for justice,” said Jan Reshetar, whose mother-in-law, Grace Reshetar, was spat on and groped by aides. She died in February 2009. “The laws need to be changed. Accountability needs to be put in place.”A bill to eliminate the Survival Law was defeated last year during the last day of session in a tie vote in the Senate, after the Minnesota Insurance Federation and Minnesota Hospital Association lobbied against it. Defending the lawThose groups argue that Minnesota law is designed to compensate the victim of an injury, not family members.“If somebody suffers pain and suffering, and would normally be eligible for pain and suffering awards, those are for that person and not their heirs,” said Mark Kulda, vice president of public affairs with the Insurance Federation of Minnesota.

“The damage was not to the families of the people. The damage was to the people themselves.”The Insurance Federation and Hospital Association vow to continue opposing the bill, while it is supported by the Minnesota Association for Justice, a trial lawyers' group.Proponents of changing the law say family members also suffer in cases like the one in Albert Lea.“You can't forget it,” said Myrna Sorensen, the daughter of Opal Sande, one of the residents who was abused. “Every time I see something from my mother, you think of what happened to her.”Aides at the Good Samaritan home pinched, poked and groped residents who were in advanced states of dementia, investigators found. The humiliating abuse prompted the Legislature to make it a felony to severely neglect or abuse the elderly and other vulnerable adults. A Minnesota Department of Health investigation found that four nurse aides, two of them juveniles, were responsible for the abuse, but did not cite the nursing home itself.

By October 2010, two nurse aides pleaded guilty to disorderly conduct against a vulnerable adult.But in May 2011, an arbitrator who reviewed the case for one of the victims found that Good Samaritan was responsible and “could have and should have” prevented the abuse.In the lawsuit against Good Samaritan, the victims and their family members alleged the home should have protected them from the nurse aides and learned about the abuse far earlier. Supporters of changing Minnesota's Survival Law also say it encourages health care providers and insurers to move as slowly as possible in court.If providers “can spend some money on lawyers hoping to drag the case out,” said Joel Smith, an attorney who represented the Albert Lea families, “all they've done is paid a few thousand dollars to lawyers instead of hundreds of thousands, if not millions, of dollars to resolve the case.”Smith and his law partner, Mark Kosieradzki, accused Good Samaritan of doing just that.

But Bill Hart, an attorney who represented Good Samaritan in the Albert Lea cases, denied that the home tried to delay the cases, saying a settlement was offered just a few months after the lawsuits were filed.Hart said it's not necessary to change Minnesota's Survival Law.“If there's any indication that a case is not proceeding because one side is delaying it, that's what a judge is for,” he said.The law requiring dismissal of injury cases after a person dies has its origins in English common law and has been effect in Minnesota since at least 1849.

Most other states had similar laws until the 19th century, when legislatures began enacting exceptions because the standard was considered too harsh, according to a 1982 Minnesota Supreme Court ruling.The ruling found part of the Survival Law unconstitutional and struck a provision that applied to lawsuit defendants who are perpetrators of harm. The law has been unchanged since then.It's unknown how often cases are dropped due to the Survival Law. When Minneapolis personal injury attorney Jim Carey first took on the case for the Albert Lea victims in 2010, he said he didn't know about the law.“This was one of the most tragic things in my career watching those cases get dismissed,” he said. “We're talking about World War II heroes, schoolteachers, All-American good citizens.”An analysis of the legislative proposal by the Minnesota Management and Budget Department estimated that if the bill passed, it would result in two more personal injury cases a year.Smith said it would probably be far more than that.

His firm, which specializes in elder abuse, typically turns down dozens of cases a year due to the risk that the clients will die before their claims are resolved in court, he said.“If there's a risk the client will die, in our legal system, that often means we can't afford to take the case,” Smith said.His firm researched Survival Laws in other states and found that only in Minnesota, Colorado, Idaho and Indiana do injury claims die with the plaintiff. That statistic was presented to the Minnesota Senate last year, which approved a version of the bill 57-4 and sent it to the House.

Kulda of the Insurance Federation acknowledged that the majority of states allow injury lawsuits to continue after the plaintiff's death but said those states have caps on damages. Minnesota's bill didn't include that.‘We tried, Mom'The House made changes to the bill that exempted nursing homes from the law and would have increased how much families could seek in wrongful-death suits. The bill was sent back to the Senate, where the changes made by the House were met with surprise by both Republicans and Democrats.“This is a major change in liability and it's going to affect your insurance rates,” Sen. James Metzen, DFL-South St. Paul, said before the Senate vote.An author of the Senate bill, Sen. Ron Latz, DFL-St. Louis Park, said he expects the legislation to be taken up again in the upcoming session.Even if the bill passes, it would not be retroactive, leaving out families of the Albert Lea victims. Sorenson said that after the lawsuit was dismissed, she visited her mother's grave to say she was sorry for letting her down.“I said, ‘We tried, Mom.' ”

Written by Brandon Stahl  and published in the Star tribune

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MEDICAL MISTAKES DOWN, BUT CRITICAL ERRORS ARE UP

Efforts to eliminate preventable hospital errors in Minnesota have taken on the appearance of the old arcade game Whac-A-Mole. Just as the state's hospitals reduce deaths or disabilities attributed to one type of mistake, another pops up.In the latest adverse-event report, released Thursday, Minnesota's hospitals showed substantial progress in reducing the number of painful and disabling pressure ulcers that patients suffer because of immobility in hospital beds. They also reduced the number of surgical errors such as procedures on the wrong body part.

But increases in patient deaths or disabilities because of falls or medication errors countered the progress in other areas.“These adverse health experiences are a wicked problem, in the common parlance,” said Dr. Ed Ehlinger, Minnesota's state health commissioner. “They're really complex. They're [due to] multiple factors. They're difficult to eliminate, but they are not totally intractable.”Overall, the state reported 258 adverse events in the 12-month period ending Oct. 6 — an 18 percent decline from the previous year and the lowest total in five years. Preventable mishaps in surgery declined from 84 in the previous year to 61 last year.The challenge of caring for increasingly frail and complex patients showed in the 10 deaths and 71 severe disabilities attributed to falls. Analysis of the falls concluded that a third of the patients were taking blood thinners, giving hospitals a new element to consider as they assess patients' risks.An additional five patient deaths related to hospital errors were reported last year — including two involving medication errors and one involving a woman who died during childbirth.

While acknowledging that one error is too many, hospital officials said patients are safer than they were 10 years ago when Minnesota first started publicly listing hospitals that committed any of 28 adverse events, also known as “never events” because they are considered preventable. Surgeries to the wrong body part, for example, declined from 31 three years ago to 17 last year. But the numbers don't tell the whole story, said Dr. Penny Wheeler, chief clinical officer of Allina Health, the system that runs Abbott Northwestern in Minneapolis and 12 other hospitals.A decade ago, surgeries to the wrong body part might have involved extreme cases, such as the removal of the wrong breast during a mastectomy. Now, hospitals statewide mark incision sites to prevent such calamities, she said. More common examples of errors now include misplaced blocks for anesthesia or incorrect lens implants, which are fixable.“That's a little bit more subtle than I remember things 10 years ago,” Wheeler said.Allina's Phillips Eye Institute, for example, reported a paperwork mistake last year that led to anesthesia and drops in the wrong eye for a cataract surgery. The patient needed the procedure in both eyes, but on that day, it was just to take place in one eye, and it was done on the wrong one. Wheeler said the institute reinforced policies prohibiting the start of anesthesia before the surgeon arrives to confirm that the patient, procedure and procedure site are correct.Mayo Clinics St. Marys Hospital in Rochester acknowledged a procedure on the wrong patient last year, something reported only 14 times in 10 years in Minnesota.

A catheter was placed in the wrong patient, but in a bit of good fortune, it turned out he needed one as well.Still, Mayo responded by adding a secondary level of confirmation in its electronic record-keeping systems before doctors can order procedures — in the same way that bank websites ask customers for passwords or birth dates.“Fortunately, nobody was injured this time and nobody got anything they weren't supposed to get,” said Dr. Timothy Morgenthaler, Mayo's patient safety officer.Last year's error total was the lowest since 2008, when the state started requiring hospitals to report falls that caused disabilities — not just deaths — and expanded the definition of reportable bed sores.Health officials have had the awkward task since that time of explaining how safety was improving if the total number of errors hovered above 300. They hope the decline in 2013 is a tangible sign of progress that will continue.“Without this kind of effort, we would be seeing more harm and more deaths … than we are right now,” said Ehlinger, the state health commissioner.

Read Full article at Star Tribune Medical Mistakes

Understanding Herniated Disc

. Your backbone (spine) is made up of bones called vertebrae (Ver-te- brae) and discs.

. The vertebrae sit on top of each other to form a spinal canal that surrounds and protects the spinal cord.

. The discs helps to cushion your vertebrae as your body moves, and the vertebrae help to support your back.

. A herniated disc is a disc that slips out of place into the space where the spinal cord and nerves are located, causing pain.

What is TZD?

Distracted Drivers 

The Toward Zero Deaths approach is based on the belief that even one traffic-related death on our roads is unacceptable. This “zero deaths” idea was first adopted in Sweden in 1997 as "Vision Zero" and since then has evolved to several state DOTs, including Minnesota, that have identified zero deaths as a core objective in their Strategic Highway Safety Plans.

TZD uses a data-driven, interdisciplinary approach that targets areas for improvement and employs proven countermeasures, integrating application of education, enforcement, engineering, and emergency medical and trauma services (the “4Es”). A combination of strategies from different focus areas is often most effective for solving a particular problem.

please visit for more information   http://www.minnesotatzd.org/whatistzd/

Birth Injury

Improper medical care or medical negligence during childbirth may cause physical harm to the mother or the child or both. This type of injury is known as a birth injury. A birth injury can cause broken bones, nerve injury or brain damage, among other injuries. Some common birth injuries include:

Cerebral palsy (CP)Erb's Palsy and other nerve injuries Brain injuries Spinal injuries Broken bonesDamage to the brain is one of the leading cerebral palsy causes, a group of conditions that affect movement, balance and posture. They can be caused by a lack of oxygen to the brain or damage to one or more parts of the brain. This can affect the ability to control muscles.

Symptoms can range from mild, a slight limp, to severe, a life spent in a wheelchair.An example of birth injury to the nerves is Erb's Palsy. It affects the brachial plexus, a network of the nerves on each side of the upper body. The plexus controls movement and feeling in the shoulder, arm, and hand. Symptoms are numbness, weakness and paralysis on whichever arm is damaged by a brachial plexus injury.

See more at: http://www.childbirthinjuries.com

Wrongful Death Claims:

An OverviewLearn about wrongful death claims -- what they are, when survivors can sue, who might be liable, and what damages survivors can recover.

When someone dies due to the fault of another person or entity (like a car manufacturer), the survivors may be able to bring a wrongful death lawsuit. Such a lawsuit seeks compensation for the survivors' loss, such as lost wages from the deceased, lost companionship, and funeral expenses. Here's a primer on wrongful death claims -- what they are, who can sue, who can be sued, and what damages may be recovered.

What is a Wrongful Death Claim?A wrongful death claim exists when a person dies due to the legal fault of another person. The right to file a lawsuit for wrongful death is a relatively new concept. "common law" (the laws brought to the United States from England) did not allow this kind of lawsuit.

But during the last century, state and federal courts created the right to bring a wrongful death action. Every state in this country now has some kind of wrongful death law.Wrongful death claims involve all types of fatal accidents from simple car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally.

Who May Sue for Wrongful Death?A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent's death (they are called the "real parties in interest").

The representative is usually the executor of the decedent's estate. The "real parties in interest" vary from state to state. Some of those people might include:

Immediate family members. In all states, immediate family members like spouses and children (including adopted children) and parents of unmarried children can recover under wrongful death actions.

Life partners, financial dependents, and putative spouses. In some states, a domestic or life partner, anyone who was financially dependent on the decedent, and a "putative spouse" (a person who had a good faith belief that he or she was married to the victim) have a right of recovery.

Distant family members. Some states allow more distant family members, such as brothers, sisters, and grandparents, to bring wrongful death lawsuits. For example, a grandparent who is raising a child may be able to bring an action.All persons who suffer financially.

Some states allow all persons who suffer financially from the death to bring a wrongful death action for lost care or support, even if they are not related by blood or marriage to the victim.Parents of a deceased fetus. In some states, the death of a fetus can be the basis for a wrongful death suit. In several other states, parents cannot bring a wrongful death action to recover for financial and emotional losses resulting from the death of a fetus. In those states, the parents can bring a wrongful death action only if the child was born alive and then died.

Check your state law and consult with an experienced wrongful death attorney to find out if such an action is allowed in your state.

Who May Be Sued for a Wrongful Death? Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees.

For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:

The driver or employer at fault in the automobile accident the designer or builder of the faulty roadway a government agent who failed to provide adequate warnings regarding a road hazard that caused the accident the manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle the persons who sold, served, or gave alcohol to the impaired driver, orthe owner of the premises where the alcohol was served.

Article written and published by NOLO Wrongful Death

MINNESOTA NO-FAULT

Summary

An automobile insurance policy covers several types of claims arising from accidents with cars. Somecoverages are required by state law and some are optional.Liability protects your assets when you are legally liable for an accident. The insurance pays, on yourbehalf, for injuries to people and damage to their car. This coverage is mandatory. No Fault (also known as Personal Injury Protection or PIP) provides medical and wage loss benefits foryou and your family. Fault doesn't matter.

This coverage is mandatory.Collision and Comprehensive cover damages to your car. Collision applies if you are in an accident with another car or object. Comprehensive covers losses that are not collisions, such as theft or hail, and alsoaccidents involving deer. These coverages are optional.Uninsured and Underinsured pay your medical expenses after No Fault is exhausted when the other driveris legally liable but either does not have insurance or does not have enough.

Facts and Figures on Minnesota Personal Automobile Insurance.

• Personal Automobile Insurance is the largest line of property-casualty insurance countrywide and in Minnesota. In 2003, premiums totaled $2.9 billion.No-Fault premiums accounted for slightly over $500 million. Premiums have increased steadily over the past five years.

• The Minnesota market is competitive with approximately 200 companies selling insurance. However,the top five writers sell 50% of the business.

• Profits vary from year to year. The last two years have been profitable, but the three years before thathad poor experience.

• No-Fault medical losses total about $300 million a year.Comparisons with Other States.

• Automobile insurance in Minnesota costs significantly more than it does in the neighboring states. In 2001, the most recent year for which we have data, Minnesota annual premiums were $809 per car. Premiums in Wisconsin and the Dakotas ranged from $630 to $648.In Iowa, annual premiums were $596.

• The major difference between Minnesota and the neighboring states lies in the requirement for and thecost of No-Fault insurance. In Minnesota, the average annual premium for the mandatory coveragesrequired by statute was $409. The costs for mandatory coverage in the neighboring states ranged from$232 in North Dakota to $299 in Wisconsin.

• Compared to other states that have No-Fault, Minnesota No-Fault costs seem unusually high. Trends in No-Fault Insurance

• Data from recent filings indicates that the number of claims per insured car is declining slightly. Theaverage cost per claim is increasing.

• Other states appear to be having problems with fraud.Options for Reducing the Cost of No-Fault Insurance

• Repeal No-Fault.

• Make No-Fault medical benefits secondary to the injured person's medical insurance.

• Allow Auto Insurers to implement a managed care program .

• Decrease the amount of required No-Fault coverage.

• Increase the tort threshold.

Please click here for the MN NO FAULT article

Traumatic brain injury (TBI)

Traumatic brain injury (TBI) is sudden damage to the brain caused by a blow or jolt to the head. Common causes include car or motorcycle crashes, falls, sports injuries, and assaults. TBI is the leading cause of death and disability among people aged 1 to 44. Injuries can range from mild concussions to severe permanent brain damage. The consequences of a brain injury can affect all aspects of a person's life, including physical and mental abilities as well as emotions and personality. While treatment for mild TBI may include rest and medication, severe TBI may require intensive care and life-saving emergency surgery.Most people who suffer moderate to severe TBI will need rehabilitation to recover and relearn skills.What is a traumatic brain injury?

TBI is an injury to the brain caused by a blow or jolt to the head from blunt or penetrating trauma. The injury that occurs at the moment of impact is known as the primary injury. Primary injuries can involve a specific lobe of the brain or can involve the entire brain. Sometimes the skull may be fractured, but not always. During the impact of an accident, the brain crashes back and forth inside the skull causing bruising, bleeding, and tearing of nerve fibers (Fig. 1). Immediately after the accident the person may be confused, not remember what happened, have blurry vision and dizziness, or lose consciousness. At first the person may appear fine, but their condition can decline rapidly. After the initial impact occurs, the brain undergoes a delayed trauma – it swells – pushing itself against the skull and reducing the flow of oxygen-rich blood.

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What are the symptoms?

Depending on the type and location of the injury, the person's symptoms may include:

Loss of consciousnessConfusion and disorientation

Memory loss / amnesia

FatigueHeadaches

Visual problems

Poor attention / concentration

Sleep disturbancesDizziness / loss of balanceIrritability / emotional disturbances

Feelings of depression

SeizuresVomiting

Article written by Mayfield Clinic TBI Overview

When can you make a claim for personal injury against at-fault driver's insurance company?

If you have an injury, you may deserve additional compensation for pain and suffering ,disability , disfigurement along with many other things. You may also have a claim for the loss of a loved one , spouse or child.

Under Minnesota law, in order to have a valid claim for compensation against the at-fault party you need to meet the following criteria:

1. A permanent injury as diagnosed by a treating medical provider.

2. Over $4000.000 of medical bills that do not include any diagnostic testing or imaging.

3. Disability for more than 60 days.

4. Permanent disfigurement, such as a scar.

5. Death

For more information please contact Heuer, Lund and Flores PA.

Who pays for the repairs of your vehicle ?

If another driver caused the accident , his or her insurance company should pay for the repairs or the total loss of your vehicle with out any deductibles. The insurance may also provide you with car rental service if available.

If you were partically at fault for the accident , the other insurance company must pay for a fair percentage equaling theirs drivers fault.

Its is always important to discuss complicated legal matters with Heuer , Lund and Flores consultation is always free.  " Attorney's that Make a Difference" !

Heuer , Lund and Flores PA.

 

Steps To Take If You're In An Accident

Car accidents can wreak havoc on an otherwise peaceful day.

Even if they're minor, they can often create confusion. You might ask yourself, how should I react? What should I do?

Heuer, Lund and Flores offers these simple steps to follow after an accident:

Stay calm. Keeping a calm demeanor helps you stay in control of the situation.

Make sure you and your passengers are OK.

Move as far off the roadway as possible but stay at the scene of the accident.

Warn oncoming traffic by activating your hazard warning lights and/or setting flares if you have them.

Call the police. Call 911 or the appropriate emergency number to report the accident.

Contact your insurance company and report the claim.The sooner your insurance company knows about the accident, the sooner it can start working to resolve your claim.

Do not admit fault. To protect yourself legally, do not discuss the car accident with anyone other than the team at Heuer , Lund and Flores 612-333-3160 , police and your insurance company .

Exchange vital information with the other driver involved in the car accident.Write down the name, address, phone number and license numbers of all drivers and witnesses, particularly those who were riding in a vehicle involved in the accident. Ask for the name of the insurer and policy number all drivers involved in the car accident.

Because the last thing you want to do when you're in a car accident is worry about having to pay for the damage.

Heuer, Lund and Flores

Concussion " Knocked Out"

Across the country, people have awakened to the sometimes irreversible damage of concussions, especially in high-impact professional sports. With much of the attention focused on the National Football and National Hockey leagues,Village Voice Media — following a months-long, nationwide investigation into the consequences of concussion on youth athletes, who are bigger and more aggressive than in past generations and often play year-round — has found the following:

• The effect of a concussion on kids can be much more devastating than on adults. Doctors say that, until people are in their early to mid-20s, their brains are not fully developed and can't take the same level of trauma as adult brains can.

• Postmortem analysis, the only surefire way to measure concussions' devastating effects, shows that repeated blows to the head may be linked with Alzheimer's, Parkinson's, ALS, and a number of other fatal diseases.

• An athlete who doesn't exhibit outward signs of a concussion (headaches, dizziness, vomiting, temporary amnesia) can still experience changes in brain activity similar to those in a player who has been clinically diagnosed with a concussion.

• Thus far in 2011, 20 state governments and the District of Columbia have signed concussion legislation that prohibits an athlete from returning to play until cleared by a licensed physician. To date, 28 states (as well as the city of Chicago) have concussion laws in place. This does not include Florida, whose legislators struck down a proposed bill that could have helped protect youth athletes.

• The ImPACT test, widely regarded as the go-to neurological exam to measure concussive blows, doesn't always accurately gauge a player's readiness to return to action.

KNOCKED OUT by Steve Jansen and Gus Garcia Roberts

"Personal Injury matters when it affects your life." - Attorney James A. Heuer, Jr.

Posted by Jim Heuer, Jr. | Dec 14, 2015 | 0 Comments

Personal injury matters when it affects your life. That is the driving philosophy of James A Heuer, Jr, principal attorney at Heuer Fisher, P.A. James “Jim” is knowns to his friends and colleagues as “Heuer the Lawyer” (pronounced “hoyer”). He himself has experienced a TBI and can relate to his clients who are going through this invisible struggle. Visit to learn more at: http://facesoftbi.com/podcast-series/

"Lost In my own backyard" - Amy Zellmer

Posted by Jim Heuer, Jr. | Dec 14, 2015 | 0 Comments

Yesterday I got lost driving home. From Target. The Target that I frequently visit. Driving the same route that I always take. Yet, all of a sudden nothing looked familiar and panic set in. Where the heck was I? How did I get here? You see, just over a year ago, I sustained a Traumatic Brain Inj...

"Life with a Traumatic Brain Injury" - Amy Zellmer

Posted by Jim Heuer, Jr. | Dec 14, 2015 | 0 Comments

Amy is an author, professional photographer and creative business coach located in Saint Paul, MN. She is an avid writer & TBI survivor; and has recently published her first book: "Life With a Traumatic Brain Injury: Finding the Road Back to Normal". She has an obsession with Starbucks coffee, Miss Me jeans, and all things glittery and sparkly. She enjoys traveling the country with her eight pound Yorkie named Pixxie, and instagrams her journeys.

Traumatic brain injury (TBI)

Posted by Jim Heuer, Jr. | Dec 04, 2013 | 0 Comments

Traumatic brain injury (TBI) is sudden damage to the brain caused by a blow or jolt to the head. Common causes include car or motorcycle crashes, falls, sports injuries, and assaults. TBI is the leading cause of death and disability among people aged 1 to 44. Injuries can range from mild concussi...

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