Tell Congress to Protect Your Case and Your Rights!

From the American Association for Justice:

Congress is pushing legislation that will make lawsuits brought by injured patients, nursing home residents, and their families nearly impossible to pursue. The so-called "Protecting Access to Care Act of 2017" [H.R. 1215] will rig the system against individuals like you and tip the scales in favor of the health care and insurance industries. We need to send a strong message to Congress that they must protect patients and reject this bill. 

What to Know about H.R. 1215

• Affects medical malpractice, nursing homes and assisted living facilities, and drug and device issues.

• Eliminates joint and several liability, caps attorneys' fees, limits periodic payment of future damages, and gives immunity to health care providers who prescribe or dispense prescription drugs by prohibiting them from even being named in product liability lawsuits.

• Directly preempts state law by capping noneconomic damages in lawsuits against health care providers to $250,000 in the aggregate, even in wrongful death cases involving multiple defendants. The cap purports to be flexible and not preempt states that have higher damage caps, but the cap would apply to states that have struck down damage caps, and states with an overall damage cap could also now have the $250,000 cap.

If you agree that it is unacceptable for Congress to eliminate your rights to hold the parties that harmed you or your loved ones accountable, we urge you to contact your Congressperson and Senators today. Tell your representatives to stand up for you and your family and vote NO on this offensive bill.

We urge you to call your representatives’ offices and send them a letter. Please visit www.takejusticeback.com/ProtectPatients to find contact information for your elected officials in Washington.  You will also find a sample letter you can send to your Representative and Senators.

Please take action today! Your elected officials need to hear from you that you want to preserve your rights to access the civil justice system.

Linda A. Lipsen
CEO
American Association for Justice

You Should Know: New Laws Weaken Protection Against Medical Malpractice

Restricting Your Rights Will Not Fix Medical Malpractice, Nursing Home Negligence

Jean Simmons kept moving her mother Betty from one nursing home to another after discovering mistreatment and neglect by her mother’s caregivers. When her mother died recently at a nursing home in East Texas, Ms. Simmons wanted justice for the woman who raised her while maybe preventing someone else’s parent from spending the waning years of life in misery.

But Texas – like more than 30 other states – has a cap on damages for medical malpractice and nursing home abuse cases, which effectively prevents Ms. Simmons from holding the nursing home company accountable. “It is a lose-lose, because your loved one is suffering and you don’t even want validation or money for it,” Simmons said. “You just want good care. And you still can’t get that.”  

Medical Errors Pegged as Third Leading Cause of Death

Our most vulnerable citizens are often the victims of medical and nursing home negligence.

You’ve probably heard or read about nursing home abuse cases like that of Ms. Simmons, or stories about terrible mistakes at hospitals and clinics, or reports about medical devices that fail and cause serious injury or death.

So why in the world would anyone propose a new bill in Washington, D.C., that would make it nearly impossible for you to pursue lawsuits and hold insurance companies and big corporations accountable for these mistakes? But that’s exactly what this new legislation would do, capping damages on medical malpractice and nursing home abuse lawsuits to $250,000. Other restrictions would protect for-profit nursing homes, insurance providers and even caregivers who intentionally abuse a patient.

Supporters of these measures argue that they are necessary to deter greedy patients from exploiting doctors and health care facilities for personal gain. Many say that caps will keep health care costs down by reducing the amount of money paid out for medical malpractice lawsuits and insurance. But the experts tell a very different story.

• Nearly half a million people die from preventable medical errors each year, making it the third leading cause of death in the United States after heart disease and cancer. In addition, 10 to 20 times more people are seriously injured. Caps do nothing to make health care safer and instead protect the financial interests of big corporations and insurance companies rather than save you money.
• Lawyers are not filling the courts with frivolous medical malpractice and nursing home abuse lawsuits. Medical malpractice lawsuits are rare and make up only 0.2 to 2 percent of all civil cases each year, and that number continues to decrease.
• Instead of lowering health care costs, research shows that costs have actually increased by about 4 to 5 percent in states with damage caps.

And something else you should know about these laws: They allow the federal government to override state laws that protect consumers and patients in favor of laws that protect corporate health care at the expense of patient safety.  

Help Us Oppose Laws that Punish Those Who Have Already Suffered

The founders of this country knew how important it was to arm the average citizen with the right to hold powerful special interests accountable in a court of law. Restricting that right in cases of negligent medical and nursing home care will only punish those who have already suffered enough while actually reducing the incentive for big corporations and insurance companies to address the epidemic of preventable medical errors.

Later this month, the House of Representatives will take the first step in restricting this right for all Americans by voting on House Resolution 1215. If passed, the bill will then move on to the Senate and eventually the President's desk. We urge you to take a closer look at this legislation, and if you feel the same way as we do, contact your members of Congress and make your voice heard on this important issue.

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

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