At hospitals here in New Mexico and across the country, nurses face workplace dangers every day, from lifting heavy patients to contact with contaminants. They’re also at risk of being the victims of violence.

We all recently saw the disturbing video of a Utah nurse who was violently arrested by police when she refused to take a blood sample from an unconscious patient. The perpetrators of violence can be patients, visitors and even other medical professionals. This June, a disgruntled New York City physician fatally shot another doctor and injured several others at the hospital where he worked before he shot himself to death.

The problem of violence against hospital personnel seems to be getting worse. According to the Occupational Safety and Health Administration (OSHA), from 2011 to 2013, close to three-quarters of all workplace assaults happened in health care facilities. In 2015, according to other government statistics, the rate of hospital workers injured was five times that for all private industries.

U.S. Bureau of Labor Statistics data shows that the rate of hospital employees intentionally injured on the job at the hands of another person is significantly higher than the rate across all private industries. In 2015, the most recent year available, there were 8.5 cases of injuries per 10,000 full-time hospital workers, versus 1.7 cases for all private industries.

Some of this violence is perpetrated by prisoners who are supposed to be guarded while in the hospital by correctional officers. Angry or distraught family members of patients, mentally ill people as well as people under the influence of drugs and alcohol can also present a danger. Some nurses have suffered sexual assaults.

While dealing with physical aggression and violence has long been viewed by hospitals as part of the job of being on the front lines. However, nursing advocates are increasingly working for legislation and other changes to help protect them. These include greater OSHA regulation, better staffing, stronger legal penalties for patients who attack hospital personnel and more training to help nurses learn to deescalate situations and spot signs that a patient could be violent.

Hospital workers have the right to expect their employers to provide adequate safety measures to help protect them from becoming the victims of violence. When a nurse or other medical professional is injured or killed at work, family members can and should determine what type of legal recourse they have.

 

Source: Peoria Journal-Star, “As hospital violence grows, nurses seek reforms,” Kate Thayer and Hannah Leone, Aug. 19, 2017

The right to peacefully assemble and protest is one that Americans have long held dear. In recent months, we’ve seen millions of people exercise that right throughout the country on behalf of (and against) various causes.

Some protests are more peaceful than others. Tragically, in the recent protests in Charlottesville, Virginia, one woman was killed and 19 people were injured when a young man plowed through a group of people gathered to counter protests by white nationalists. The 20-year-old driver is facing second-degree murder charges.

For those in New Mexico who feel strongly about issues and leaders and want to exercise their right to peaceful protest, it may be disturbing to learn that state lawmakers in at least a half dozen states throughout the country have been working to enact legislation that would protect drivers who strike protesters in the streets from criminal and/or civil liability as long as those drivers are exercising “due care,” as one proposed bill puts it, to avoid hitting anyone.

None of the proposed bills has passed their individual state legislatures yet to become law. Some failed to make it out of committee. A bill passed in the North Carolina House, but has yet to be considered by the state senate. One of that state’s legislators expressed the thoughts of many who support this type of legislation when he said, “These people are nuts to run in front of cars like they do. If somebody does bump somebody, why should they be held liable?”

There are no reports of such legislation being considered here in New Mexico. However, it’s important to know what individual state laws are if you are going to participate in a protest, march or rally in another state, as many people do. It’s also essential to exercise caution, particularly if you’re on or near a street that hasn’t been closed to traffic.

These events can be chaotic, even when they’re peaceful. It may be difficult to determine who was at fault if someone in a crowd is struck by a vehicle. If you’re injured, it’s important to find out what your rights are. Even if the driver isn’t charged with a crime, you may be able to seek compensation in civil court.

 

Source: ThinkProgress, “Republicans in 6 states are trying to protect drivers who hit protesters,” Kira Lerner, Aug. 14, 2017

One of the leading causes of semitruck accidents is driver fatigue. Simply put, truckers adhere to rigorous schedules. The result is that they are often weary or sleepy when behind the wheel.

What happens, though, when a drowsy driver causes a collision? Is the truck driver liable? And what about the driver’s employer? Where, exactly, does the legal responsibility lie?

How vicarious liability works in a semitruck accident

In any personal injury case — where the negligently-acting or at-fault party was carrying out his or her job duties at the time of the collision — the legal doctrine of vicarious liabilitycomes into play. This ancient doctrine, stemming from the legal concept “respondeat superior” has been around since Roman times.

“Respondeat superior” — literally, let the master respond — refers to the fact that the employer in control of another individual should be liable for damages caused by that individual. If, for example, the employee causes a crash due to negligence during the course and scope of his or her employment, the employer will also be liable, vicariously, for resulting damages.

It’s because of vicarious liability, therefore, that the employer of a semitruck driver that hurts you should also appear as a defendant in any personal injury lawsuit that results from a car accident. On the other hand, vicarious liability might not come into play if a semitruck driver hurts you while he or she is taking an unauthorized break on the other side of town to do something completely unrelated to his or her employment.

Did an on-duty employee hurt you in an accident?

New Mexico residents who suffer injury due to the fault of a negligent employee may want to investigate the liability of the employer before moving forward with a personal injury claim. When a plaintiff adds an additional defendant — such as a company or business — to his or her lawsuit, it could serve to increase the chances of a successful financial recovery.

As football practice starts up again at high schools and colleges here in New Mexico and across the country, players face the threat of a potentially fatal condition called exertional heatstroke (EHS). According to one study, it’s the third most common cause of sudden death in teen athletes.

This condition, which is a severe heat-related illness more serious than heatstroke, can harm and even kill young, healthy athletes. A person suffering from EHS has a dangerously high core body temperature of 104 degrees or higher.

Even a short period of time with this temperature can cause permanent damage to organs including the brain, kidneys and liver. If it strikes the central nervous system, it can lead to irreversible neurological damage, coma and death.

That’s why it’s essential that coaches, trainers, parents and team members be able to spot a player who may be suffering EHS, remove him from the heat and get emergency treatment. The symptoms, aside from the high temperature, include dizziness, fainting, vomiting, disorientation and even aggression.

People have become more aware of the dangers of concussions and dehydration for football players in recent years. There’s been greater focus on the importance of getting players off the field and checked out by a medical professional if they are suspected of suffering either one of these conditions.

However, EHS has not received this kind of attention. Many players, parents and team officials simply feel that playing in the late summer heat is a necessary part of preparing for the upcoming season.

If your child has suffered EHS or has lost his life due to complications of the condition, it’s essential to find out what those around him did to prevent the condition or treat it, if anything. An experienced New Mexico attorney can provide guidance on what your legal options are so that you can seek justice for your child and help prevent others from being harmed.

All parents are nervous the first time their child is put under sedation for a dental procedure. However, they don’t (and shouldn’t) expect it to be fatal. In some cases, however, children have died under general anesthesia or deep sedation while having dental work done.

Some of these tragedies occur because dentists and those controlling the anesthesia don’t adjust for differences between children and adults. Children have smaller airways that are more likely to become obstructed.

Another issue is that most traditional dental offices don’t have the equipment and resources to assist a child in distress, so crucial time is lost in getting help. That’s if the dentist and others involved in the procedure even realize what’s happening. Improper monitoring of a child’s vital signs and lack of proper training by those administering the anesthesia are two sources of anesthesia-related tragedies.

Sometimes kids seeming get through a procedure safely and start coming out of the anesthesia, so their parents take them home. However, his or her airway can still close up. That’s why proper recovery time at the dentist is essential. So is having another adult with you on the drive home to keep an eye on the child’s breathing. It takes children longer to fully come out of anesthesia than adults.

If your child’s dentist recommends deep sedation or general anesthesia for a procedure, don’t be afraid to ask questions. Find out about other options, like local anesthesia. If your child is very young, ask what the risks are of postponing the procedure. The head of the American Academy of Pediatric Dentistry says, “We advise members to use extreme caution when they’re looking at sedating a child less than 3. For those under the age of 2, I would recommend anesthesia be done in a hospital setting.”

Find out about the dental office’s and the dentist’s safety record and the experience and training of those involved. Find out specifically what your child will be given. Ask how your child will be monitored and by whom during and after the procedure. Ask if the procedure can be done in an outpatient clinic or hospital where a pediatric anesthesiologist and the staff can handle a potential crisis situation. If you’re not comfortable with the answers, take the time to get a second opinion.

If your child is injured or worse during a dental procedure, determine what your legal options are.