As anyone who has ever taken a road trip knows, driving long hours can be physically strenuous.  Overall health and fitness is very important to safe driving.  That’s why the federal Department of Transportation (DOT) requires physical exams for commercial drivers every two years.

But there are problems with the medical certification process.  “The National Transportation Safety Board (NTSB) has found evidence that improper medical certification of commercial vehicle drivers with serious disqualifying medical conditions has directly contributed to significant fatal and injury crashes,” says Anne Ferro, Administrator of the Federal Motor Carrier Safety Administration.

High blood pressure is the most common condition that affects medical certification.  In the last four years, consistently 10 percent of drivers have had their certification limited to one year due to high blood pressure.  Also known as hypertension, high blood pressure can lead to heart problems and increased risk for strokes.

Blood pressure is easily measured and a clear standard is set for medical certification.  But other conditions that can affect driver fitness, such as other cardiac concerns, non-insulin diabetes and Obstructive Sleep Apnea, are harder to screen for – and may be more deadly on the road.

Even if a driver has passed the medical certification process, they may not be healthy enough for the road.  If you have been involved in a truck accident and suspect the driver was not physically fit for the job, you need expert legal representation with in-depth knowledge of the trucking industry.  Put the expertise of the Meehan Law Firm to work for you today.

Learn more at http://motruckaccident.com.

Sources:

Federal Motor Carrier Safety Administration

Lexis Nexis 2012 Commercial Driver Safety Report

National Highway and Traffic Safety Administration

National Transportation Safety Board

Sadly, things can still go wrong when people seek treatment.  Two cases earlier this year show the range and complexity of medical malpractice suits.  In the first, a neurosurgeon was under scrutiny for 10 years by the Missouri medical board, a state commission and appellate courts before finally being placed on probation.  During that time he continued to practice medicine even though more than 50 lawsuits had been filed against him since 1987.   This one surgeon was responsible for causing pain and suffering over more than 20 years.

The second case was altogether different.  An experienced neurosurgeon with a good track record operated on the wrong side of a patient’s brain.  This type of error should never happen, and many procedures are in place to make sure it won’t.  In this case, the failure was not just the physician’s but also the whole system in place to prevent such horrific mistakes.

No two cases of medical malpractice are the same.  However, regardless of the specific facts of your case there are four standards to prove:

• A doctor-patient relationship existed.  Typically this is not hard to prove, but keep in mind that general advice given by a doctor outside the doctor-patient relationship won’t stand up to a malpractice suit.
• The doctor was negligent.  Doctors are not liable for malpractice if you are unhappy with your treatment or results.  To be liable, the doctor must have been negligent and harmed you in a way another doctor would not have.
• The doctor’s negligence caused the injury. This accusation requires testimony by medical experts.  The state of Missouri requires medical testimony to be filed within 90 days of the petition or the case will be dismissed – regardless of the facts of the case.
• The injury led to specific damages.  The types of harm patients can sue for include:
  • Physical pain;
  • Mental anguish;
  • Additional medical bills; and
  • Lost work and lost earning capacity.

You need to consult with an experienced medical malpractice lawyer to assess your case, your chances of success and possible damage awards.  Call the Meehan Law Firm to guide your case to a successful conclusion.

Sources:

Missouri Revised Statutes, Chapter 538, Tort Actions Based on Improper Health Care

http://www.nolo.com/legal-encyclopedia/medical-malpractice-basics-29855.html

“Dozens of malpractice lawsuits cloud St. Louis neurosurgeon’s career.”  Jim Doyle, www.stltoday.com.  April 28, 2013

“Lawsuit accuses surgeon of operating on wrong side of woman’s brain.”  Jim Doyle, www.stltoday.com  April 30, 2013

If you are in this situation, here are the first steps to getting help.

1. Call Missouri’s Elder Abuse and Neglect Hotline at 800-392-0210.  This service of the state Department of Health and Senior Services responds to reports of abuse, neglect, or financial exploitation of residents 60 and older, and people with disabilities between 18 and 59.  These individuals may live in the community or in long-term care facilities.
2. Talk with an experienced nursing home abuse lawyer.  Why?  Because facing nursing home corporations, home health care agencies and insurance companies is daunting, and most abuse cases involve complicated legal and medical issues.

When you report an incident, be as prepared as possible to provide the following information.  This information also will be useful to your attorney.

• The alleged victim’s name, address, telephone number, sex, age and general condition;
• The alleged abuser’s name, address, sex, age, relationship to victim and condition;
• The circumstances which led you to believe that the older person is being abused, neglected or financially exploited, with as much specificity as possible;
• Whether the alleged victim is in immediate danger, the best time to contact the alleged victim, if he or she knows of the report, and if there is any danger to the worker going out to investigate;
• Your name, daytime telephone number, and relationship to the alleged victim;
• The names of others with information about the situation; and
• Any other relevant information.

Most cases reported to the hotline are investigated in 24 hours to seven days, depending on the severity of the case.   Meehan Law Firm is prepared to quickly respond to your need for help and has the experience necessary to achieve justice for you and your loved one.

Sources:

http://health.mo.gov/safety/abuse/

Elder Abuse – It Is a Crime

http://health.mo.gov/safety/abuse/pdf/FY11CryingEyeAR.pdf

Unlike 17 states that have legalized or decriminalized marijuana possession, Missouri still classifies it as a criminal offense. The amount you possess plays a major role in the charge you might face.

If you are found with 35 grams or less, you will face a misdemeanor charge carrying up to one year in jail and $1,000 in fines. Possession of over 35 grams – about the weight of a single filtered cigarette – is a felony subject to up to a five-year prison sentence and a $5,000 fine. If you are charged with sale, trafficking or distribution of even 5 grams of marijuana, it is a felony punishable with up to seven years in jail and $5,000 in fines.

Why you need a lawyer

Notice the legal statutes for penalties read “up to….” Often, the difference between facing the maximum penalty and getting a lighter or alternative sentence is a good criminal defense lawyer.

While cities such as Columbia and St. Louis are changing laws to decriminalize marijuana possession, the rest of the state still upholds harsh penalties that can affect your future. The changing laws make it more important than ever to understand how the charges, location, amount and other specifics can affect your case.

Whether you face charges for a single marijuana cigarette or for trafficking more serious drugs, it is critical to your defense that you work with an experienced criminal defense team that knows the Missouri law cold. Contact the Meehan Law Firm to get started on your defense today.

Sources:

http://norml.org/laws/penalties/item/missouri-penalties-2

http://www.narcoticnews.com/Marijuana-Information,-Is-Marijuana-a-Narcotic.php

http://www.drugabuse.gov/publications/marijuana-abuse/what-scope-marijuana-use-in-united-states

http://www.drugscience.org/States/MO/MO.pdf