Focus Should Be On Health Care Safety

We understand that it is difficult for anyone to wrap their head around the issue of errors and health care. Americans have a justifiably high opinion of doctors, nurses and other care providers. The vast majority are dedicated professionals that do tremendous good for society and save many lives.

But to err is human, and it has become clear that the big business of health and nursing home care results in too many preventable injuries. According to a recent study by doctors at Johns Hopkins, death due to medical error ranks 3rd (250,00 per year) behind heart disease and cancer. That is an alarming statistic. So read our March newsletter not as an indictment of the fine people who work in health care today, but rather a defense of every American’s right to justice and accountability when preventable mistakes occur. Patients and families who are harmed by preventable medical errors should not be denied their right to seek legal redress for what has happened to them. 

Guy W. Crabtree is a partner with Crabtree, Carpenter & Connolly, PLLC, in Durham, NC.

You Should Know: Recent Spike in U.S. Traffic Deaths Reverses 40-Year Trend

For the past 40 years, the grim death toll from crashes on America’s roadways has been on a downward trend. But we hit a major roadblock in 2015 when the number of people lost in crashes jumped 7.2 percent from 2014, the largest percentage increase in 50 years. Preliminary reports for 2016 look even worse. You should know what’s driving this dangerous u-turn in highway safety and how you can better protect yourself and those you care about most.

Cheaper Gas, Better Economy, Distracted Driving Among Contributing Factors

For decades, auto accidents have trended downward. Road fatalities steadily declined from more than 50,000 annually in the early 70s to just over 30,000 in recent years. Credit goes to many advances in safety, including:

• Crashworthy vehicles that better protect those involved in crashes
• New technologies like anti-lock braking, vehicle stability controls and self-driving sensors that prevent crashes in the first place
• Educational programs and tougher laws aimed at seatbelt use, teen drivers and driving while impaired

But starting in 2015, road safety hit the skids when the number of people lost in crashes jumped 7.2 percent from 2014, the largest percentage increase in 50 years. And the news for 2016 may be even worse as the National Highway Traffic Safety Administration (NHTSA) recently projected an 8 percent increase in traffic deaths for the first nine months of 2016 over 2015.

Some safety experts have blamed the increase on more drivers traveling more miles. Longer commutes and more road trips, coupled with cheaper gas and lower unemployment, add up to more drivers on the road. Even those not in vehicles are at a higher risk as car-pedestrian and bike fatalities have risen as well.

But NHTSA’s Administrator Mark Rosekind said he and his colleagues can’t accept that a better economy means more people are going to die on our roads. “We still have to figure out what is underlying those lives lost,” he said. To that end, NHTSA and the National Safety Council joined forces to launch the Road To Zero campaign in October, which aims to end all traffic fatalities in the U.S. in the next 30 years. This campaign provides grants to non-profits that help research and implement innovative highway safety measures.

Car Crash? There’s an App For That

Pokémon Go

The spike in traffic fatalities and accidents is often blamed on the use of smartphones. According to the latest data from the Pew Research Center, almost 80 percent of U.S. adults own smartphones. More than 600,000 of those people are operating a smartphone while driving at any given time.
Texting and driving have proven to be a dangerous combination, with 78 percent of distracted driving-related crashes attributed to texting drivers. However, dangers from non-texting apps that encourage driver interaction have also arisen.

The messaging app Snapchat features a speed filter that tells users how fast they are traveling, which some have argued encourages drivers to travel at unsafe speeds. A man who suffered a traumatic brain injury during a recent collision is suing both the other driver for her recklessness as well as Snapchat for encouraging the teen to drive at unsafe speeds. Waze, a navigation app, rewards users for reporting traffic jams and roadside obstructions while driving. The “Gotta Catch ’Em All” mentality of Pokémon Go has caused accidents when users ignored safety to play the game.

 Protect Yourself and Others

Traditionally the six root causes of serious accidents are driver inattention, fatigue, impaired driving, speeding, aggressive driving and adverse weather conditions. With those factors in mind, here are some tips you can use to prevent traffic accidents and protect yourself and others:

• Silence and put away all phones for the duration of your drive.
• Keep your eyes on the road and leave the distractions at home.
• When buying a new or used car, prioritize safety ratings and purchase cars with safety features. Also be sure to run a recall check on your car at SaferCar.gov.
• If you are a pedestrian or bicyclist, pay attention to vehicle traffic even if you have the right of way. A distracted driver could mean disaster.
• Follow all posted speed limits and wear your seat belt.
• Always drive alert, awake and sober.

This article appeared in our February 2017 "You Should Know" e-newsletter.

Crabtree, Carpenter & Connolly Announce Recognitions

Tracy K. Lischer

Charles F. Carpenter

Guy W. Crabtree

Durham law firm Crabtree, Carpenter & Connolly, PLLC is honored by the recent recognition our lawyers have received from our peers and the business community. 

Guy W. Crabtree and Tracy K. Lischer were recently selected for inclusion on the 2017 North Carolina Super Lawyers list; firm Partner Mr. Crabtree as a Top Rated Personal Injury – Plaintiff Lawyer, and Ms. Lischer, Of Counsel, as a Plaintiff Lawyer in Personal Injury – Medical Malpractice. They have been included in Super Lawyers each year since 2009. 

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.  The result is a credible, comprehensive and diverse listing of exceptional attorneys.  

In addition, Charles F. Carpenter and Guy W. Crabtree both were again rated AV Preeminent from Martindale-Hubbell. An AV Preeminent Rating is the highest rating available from Martindale-Hubbell, the leading independent attorney rating organization and such a rating signifies that the lawyer has reached the heights of professional excellence, and is recognized for the highest levels of legal ability and integrity. 

CCC in the Community

Durham County Bar Association President Guy Crabtree, Judge Doretta Walker and Lydia Walker at DCBA’s Fall Picnic at Forest Hills Park.

Photo credit: Bob Friedman, Publisher, Attorney at Law Magazine

Lindsey Spain and Guy Crabtree presented a check for $ $2,845 to Kristin Pearson, the Director of Development for TROSA who was the beneficiary of the Durham County Bar Association’s 5K in September.

Photo credit: Bob Friedman, Publisher, Attorney at Law Magazine

You Should Know: Oversharing Online Can Cost You

More than Half of Americans Admit Social Media Remorse

Average Daily Screen Time Nine Hours

The average adult now spends more than nine hours per day consuming media via screen, including smartphone, television, gaming or e-books. Twenty percent of that time is dedicated to social media. As too many of us have found out the hard way, all this time online can come with a price. As we click, scroll and post into 2017, protect yourself and your kids from these social media pitfalls. 

HEED THE TOP SEVEN WAYS USING SOCIAL MEDIA CAN GET YOU FIRED

More employers are looking at social media to screen potential candidates and monitor employees. Over 90 percent of employers use social media for recruiting, and three in four hiring managers check candidates' social profiles before an interview. Maintaining a professional social media profile for your chosen career can help you get that dream job as well as keep it. Twenty-eight percent of employers have fired workers because they spent too much work time on social media, and 18 percent because of an offensive post. 

Here are the top seven social media no-no’s for employees:

1. Make racist, sexist or other offensive comments
2. Complain about your job or your clients
3. Share confidential information
4. Post something inappropriate on company social media
5. Use personal social media when you should be working
6. Post drunk photos from work gatherings
7. Broadcast your job search

Excess Screen Time Equals Health Issues

Screen time, whether in front of a computer, tablet or smartphone, can contribute to health issues in adults and children alike. Many hours spent in front of screens are causing an increase in headaches, dry eyes, blurred vision and eye strain.

Staring at a smartphone also creates what doctors call “text neck.” As a person bends their neck to look down at a phone, the added weight causes pressure, pain and strain. Here are some ways to keep your screen time (and your children’s) in check and your body healthy:

1. Schedule children for regular eye exams.
2. Take frequent breaks.
3. Adjust for proper alignment. A digital screen should be centered and positioned about 4 to 5 inches below eye level and 20 to 28 inches from the center of the screen to the eyes (for an adult), 18 to 26 inches for a child.
4. Use anti-glare screens or position screens to avoid glare.
5. LCD and high-res screens are easier on the eyes. Screen brightness should be adjusted to fit the surroundings.
6. Blink frequently to keep your eyes moist.

Parents can visit the American Academy of Pediatrics for guidance on how to balance lifestyle with digital media and create a personalized family plan.

When Social Media Turns Anti-Social

Over half of Americans regret something they've posted online.

Many people can navigate a healthy social media presence with intelligence and sense, but some are struggling to stay connected while staying safe. Kids are more likely to share personal details without thinking about the consequences, and connect with strangers who may be predatory. Recently, anonymous messaging apps like Kik have come under fire for allowing minors to message with strangers without alerting parents. Check out the Federal Trade Commission (FTC) OnGuard Online website for free online security tips and resources. 

Finally, the most important way to protect your kids from unsafe online behavior is to keep the lines of face-to-face communication open. Talk to them about the potential dangers and encourage them to speak to you if they ever feel unsafe online. As reliance on screens increases, so will the need for honest, IRL (your teen will tell you that means "in real life") conversations about what can or should be shared.

This article appeared in our January 2017 "You Should Know" e-newsletter.

Be Careful Because You Never Know Who’s Looking

It only took one unfortunate occurrence for us to realize that we had to caution our clients about the impact social media can have on their cases. Defense attorneys had gone onto a client’s Facebook page and found some damaging photographs and comments that negatively impacted his case and which they used during our client’s deposition. Since then we have been very careful to discuss the use of social media with our new clients. This is what we advise our clients regarding the use of social media during the life of their case:

YOUR SOCIAL MEDIA CAN BE USED AGAINST YOU TO NEGATIVELY IMPACT YOUR CASE. INSURANCE COMPANIES AND DEFENSE COUNSEL WILL SEARCH FOR YOU ON THE WEB. SO BE VERY CAREFUL AND READ ALL OF THE INSTRUCTIONS BELOW. 

UNTIL YOUR CASE IS COMPLETELY RESOLVED: 

1. DO NOT accept future friend requests from any person you do not personally know.  Insurance companies, their attorneys and private investigators who work for them may try to gain access to your social media web sites in order to obtain information that can be used to defeat or damage your case.
2. YOU MUST tell your attorneys and support personnel at Crabtree, Carpenter & Connolly about your past or a current use of Facebook, LinkedIn, Caring Bridge, MySpace, Twitter, Instagram, Vine, or any other social media websites. 
3. Tell us the names of any and all social media websites, blogs, or other online media to which you regularly post or update.
4. If you use Facebook, LinkedIn, Caring Bridge, MySpace, Twitter, Instagram, Vine, or any other social media, you should IMMEDIATELY reset your profiles to the highest possible privacy settings.
5. DO NOT post anything about your claim, your case, or your injuries on any social media web site or blog. 
6. DO NOT post anything that you would not want a judge or juror in your case to see.
7. DO NOT delete information about your case or your injuries that you already have posted as this can be discovered—but do not make any further similar postings. 
8. If you have posted something about your claim, your injuries, or the incident that caused your injuries, YOU MUST tell us about it at once.

In the future you must BE VERY CAREFUL not to place any information about your claim, your injuries, or your lawsuit on the web in any manner because that information is subject to being discovered, and the information might be used to damage your case.

Guy W. Crabtree is a partner with Crabtree, Carpenter & Connolly, PLLC, in Durham, NC.