Categories
Product Defects

Is Melatonin Safe for Children?

Is melatonin safe for children? That depends. It can be safe when used correctly and under a doctor’s guidance. It’s crucial to understand the potential risks, like poisoning and toxicity, and to recognize the signs.

Before we discuss its safety, let’s understand what melatonin is. Melatonin is a hormone that your body naturally produces. It helps regulate your sleep cycle, telling your body when it’s time to sleep and wake up. Sometimes, people take melatonin supplements to help with sleep issues, like having trouble falling to sleep or having trouble staying asleep for the night.

Melatonin is sold over the counter as a dietary supplement and sleep aid. You can buy it without a prescription at most stores and health food stores. Because it is considered a dietary supplement, melatonin is not regulated or approved for sleep by the Food and Drug Administration (FDA).

Did you know that after multivitamins, melatonin is the most popular “natural” product given to children? (AASM.org)

Research published in JAMA Pediatrics found that “Regular use of Melatonin to help kids sleep has become “exceedingly common.” 19% of adolescents are taking Melatonin. In addition, 6% of preschool children ages 1 to 4 and 18% of elementary school kids 5 to 9 are being given melatonin by their parents as a sleep aid…” (WashingtonPost.com)

The tricky part is that there’s no one-size-fits-all answer. The right amount can depend on age, weight, and individual health. That’s why it’s important to talk to a doctor before giving melatonin to a child.

Also, because melatonin is not regulated by the FDA, actual dosages can differ from what the packaging label says.

A study published in the Journal of the American Medical Association had researchers analyze 25 gummy products with melatonin on the label. Most contained at least 74% more melatonin than on the label. Some contained over 300% more than what was listed on the label!

Only 3 of the 25 products analyzed had a melatonin amount within 10% of what was listed on the package.

Melatonin poisoning is a serious issue for children. Here, poisoning means overdosing on melatonin, whether intentional or unintentional. Children’s bodies are smaller and react differently to supplements than adults. When a child takes too much melatonin, it can cause problems.

The Centers for Disease Control and Prevention (CDC) conducted a study in June of 2022 which showed that there was an increase in melatonin overdoses in kids between 2012 and 2021.

During that time period, there were, “260,000 cases of suspected overdose of melatonin reported to Poison Control across the U.S., which includes more than 4,000 hospitalizations, 300 ICU cases, five cases where kids required ventilation, and two children ages three months and one year died.” (Parents.com)

If a child takes too much melatonin, here are some signs you can look out for:

  • Drowsiness or Sleepiness: This might seem obvious, but excessive sleepiness during the day can be a sign.
  • Headaches: Some kids might experience headaches.
  • Dizziness: Feeling dizzy or unsteady is another possible sign.
  • Stomach Problems: This can include nausea or stomach pains.
  • Mood Changes: Sometimes, too much melatonin can make a child feel moody or have emotional ups and downs.

Remember, these symptoms can vary, and not every child will experience them in the same way.

The term “toxicity” can sound alarming. But in the context of melatonin, it refers to the negative effects of taking too much. Melatonin toxicity isn’t common, but it’s a risk, especially if children take supplements without proper guidance.

The best way to prevent problems is to use melatonin safely:

  • Consult a doctor: Always talk to a healthcare professional before starting melatonin for a child.
  • Follow Instructions: If melatonin is recommended, use it exactly as instructed.
  • Keep it Secure: Store melatonin in a safe place, away from children and teenagers to prevent overuse.

Dr. Karima Lelak, emergency physician at Children’s Hospital of Michigan says, “Parents may think of melatonin as the equivalent of a vitamin and leave it on a nightstand…But really it’s a medication that has the potential to cause harm, and should be put way in the medicine cabinet.”

In the CDC’s ten-year study, of the 4000 children hospitalized for melatonin overdose, most were teenagers. Some of these were believed to be suicide attempts.
NPR.org

Before resorting to medicines or supplements, here are some tips the Sleep Foundation recommend to help your restless child get to sleep.

Practice proper sleep hygiene:

  • Create a consistent bedtime routine.
  • Set a bedtime.
  • Limit use of electronics close to bedtime. “Mobile devices, TVs, and tablets emit a type of blue light that suppresses melatonin…Screen time also stimulates the brain, making it harder to wind down for sleep. Electronic devices should be kept out of the bedroom and ideally not used within one hour of bedtime.”
  • Make sure your child gets exercise every day.
  • No caffeine within 6 hours of bedtime.

Create the perfect sleep setup:

  • Keep the temperature cool, not stuffy.
  • Keep noise and light at good sleep levels.

If nothing you try works, contact your child’s pediatrician.
(SleepFoundation.org)

Dr. Deborah Greenhouse, a pediatrician in Columbia, SC said children who can’t sleep shouldn’t be given a pill to fall asleep. She advises parents to discuss sleep issues with their child’s pediatrician before reaching for the medicine cabinet. There may be an underlying issue that’s keeping a child from sleeping. “Melatonin can be one of the tools in our tool box,” she said. “It shouldn’t be the only tool, and it shouldn’t be the tool you use first.” (PostandCourier.com)

Is melatonin safe for children? Always prioritize safety and consult healthcare professionals when considering melatonin for sleep issues in children.

Charleston area
MUSC Children’s Health Sleep Disorders Program

Columbia area
Prisma Health Children’s Hospital Sleep Center

Greenville area
Prisma Health Children’s Hospital Sleep Medicine

If you or a loved one has been injured by a recalled or defective product, schedule a free consultation with attorney David L. Hood by calling (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the effects of product defect-related injuries and the untold pain and suffering they cause. At The Law Offices of David L. Hood, we work hard to protect your rights and make things simple for you and your family so you can focus on healing.

After a free case evaluation, if we think we can help you and your family, attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!

*Clients are not liable for any expenses unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

Other online resources used for this article:

https://www.healthychildren.org/English/healthy-living/sleep/Pages/melatonin-and-childrens-sleep.aspx

Categories
Medical Malpractice Lawyer

Medical Record Errors Can Be Dangerous

Medical record errors can be dangerous, even deadly! What’s so big about a small mistake in a medical record? It turns out, little errors can lead to huge problems.

Why is it so important to have access to your medical records, and to pay close attention to what is contained in them?

Here’s a scary statistic: “The Office of the National Coordinator for Health Information Technology estimates that nearly 1 in 10 people who access records online end up requesting that they be corrected for a variety of reasons.”

The best-case scenarios are those in which the errors don’t actually cause any damage, like incorrect contact information for a patient, causing bills to be sent to the wrong address. Your family history may not be conveyed accurately, or maybe the records reflect a service a patient never received, for example, a stress test.

The worst-case scenario is an incorrect diagnosis or a delayed diagnosis which could result in death.

“Omissions from medical records – allergies that aren’t noted, lab results that aren’t recorded, medications that aren’t listed – can be equally devastating.” (KFFHealthNews.org)

Believe it or not, small errors in medical records can lead to huge health problems. Following are several real-life examples of what can potentially happen if you don’t retrieve and check your medical records:

Liz Tidyman’s elderly father had a fall and went to the hospital. Tidyman began looking at her father’s medical records and found “pages and pages of notes that referred to a different person with the same name – a person whose medical conditions were much more complicated and numerous than my father’s,” she said. (CNN Health)

Ms. Tidyman removed the pages with the errors and made a mental note to thoroughly check medical records in the future.

Later, her father’s doctors started asking about kidney cancer. Tidyman reviewed the records from her father’s recent ER visit and noticed that “renal cell carcinoma” (kidney cancer) was listed instead of “basal cell carcinoma” (skin cancer) – an illness her father had mentioned when explaining his medical history.

In another case, Pat Sheridan had surgery to remove a mass in his neck. The neurosurgeon reassured him that the tumor was benign, although he had yet to see the pathology report. In actuality, the pathology report showed he had synovial cell sarcoma (a type of cancer).

Six months later, Pat returned to the hospital in distress. The pathology omission was discovered at this time, but it was too late. The cancer had metastasized to his spinal canal, and he died 2 ½ years later. Pat’s death probably could have been prevented, if not for the delayed diagnosis.

In another instance, Dave deBronkart’s mother had to go for rehabilitation after a hip replacement. The records that accompanied her showed that she had an underactive thyroid when in fact she had an overactive thyroid. Thankfully, her family noticed the mistake and set the record straight to prevent her from being given the wrong medications.

It’s easy to see what kind of problems medical record errors like this can cause.

The Health Insurance Portability and Accounting Act (HIPAA) of 1996 states that a patient has the right to obtain most of his/her medical records, in either electronic or paper form. (VeryWellHealth.com)

“These include doctor’s notes, medical test results, lab reports, and billing information.” (VeryWellHealth.com)

Ask for a request for medical records form at your doctor’s office. They should provide you with a form. Fill it out and return it back there, or deliver by fax, postal service, or email.

HIPAA requires, “… a covered entity must provide access to the [Protected Health Information] PHI no later than 30 calendar days from receiving the individual’s request.”

Keep a copy of your original request. If you have not received the documents within the 30 days, contact the provider, to be sure they have your request. If you fail to receive the records after repeated attempts, contact The SC Department of Health and Environmental Control at  803-898-DHEC (3432).

South Code of Law Section 44-115-120 states, “Physicians shall retain their records for at least ten years for adult patients and at least thirteen years for minors.”

Sometimes there is a charge for medical records. Price can vary but must be reasonable. In The Palmetto State, South Carolina Code of Laws Section 44-115-80 states that a physician, “may charge a fee for the search and duplication of a paper or electronic medical record,” up to a maximum amount allowed by this law.

What is an Electronic Health Record (EHR) system? Imagine a huge digital library that stores all the info about your health – like your doctor’s visits, any allergies you have, the medicines you take, and even the results from your last physical. EHRs are like a one-stop shop for doctors and nurses to find everything they need to know about your health. They’re useful because they make sharing your health information between different doctors a breeze.

Benefits:

  • Quick Access – Doctors can quickly get your health info.
  • Better Coordination – Different doctors can coordinate your care more easily.
  • Less Paperwork – Say goodbye to filling out the same forms over and over!

Challenges:

  • Possible Errors – Sometimes, mistakes in typing or uploading info can happen.
  • Technical Issues – Like any computer system, EHRs can have glitches or crashes.

“Most providers will agree to correct factual errors or track down reports that should have been maintained in your file…if you believe that that the refusal of a correction is unjust or places you in harm’s way, submit a complaint to the OCR [Office of Civil Rights] detailing the dispute. They can review the evidence and decide if the correction is warranted.” (VeryWellHealth)

In the world of health care, accurate medical records are like gold. They help doctors take better care of us. But it’s up to us to make sure they’re correct. Always remember to check your records and speak up if you find an error.

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!

*Clients are not liable for any expenses, unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

Other helpful resources:

Your medical records rights in South Carolina (HIPAA): https://cyrss.com/docs/hipaa/StateHIP/sc.pdf

The Guide to Getting & Using Your Health Records:

https://www.healthit.gov/how-to-get-your-health-record/check-it/

Categories
Personal Injury Attorney

Hunting Accidents in South Carolina

Hunting Accidents in South Carolina are rare, but unfortunately, they do happen.

The Palmetto State is a hunter’s paradise! South Carolina offers a lot of opportunities to hunters: vast forests, numerous wildlife management areas, and diverse wildlife. From deer and turkey to waterfowl and small game, there’s something for every type of hunter.

But, there’s a serious side to hunting. With so many people participating, accidents can happen. Just like in any other outdoor sport, things can go wrong.

No one likes to think about accidents, but they happen. When we talk about hunting accidents, we’re usually referring to unintentional injuries or, sadly, deaths that occur during hunting. Accidents or deaths can be caused by:

  • mistaken identity (like mistaking a person for an animal)
  • accidental discharge of firearms
  • falls from tree stands
  • drowning

The good news is that these incidents are relatively rare, thanks to strict safety regulations and hunter education. However, it’s important to always follow safety rules:

  • Know the area you’re hunting in.
  • Know and obey all wildlife laws.
  • Make sure someone knows where you’re going, and when you plan to return.
  • Check all of your equipment beforehand and make any repairs that are needed.
  • Make yourself (and anyone with you, including your hunting dog) visible to other hunters.
  • Practice all gun safety rules.
  • Know and practice tree stand safety.
  • Stay aware of other hunters – never shoot at sound or movement. Assume it is another hunter unless you can clearly see the animal.

The South Carolina Department of Natural Resources (SCDNR) provides information on firearm safety here.

To hunt in South Carolina, you need a license. If you’re younger, you might need to be accompanied by an adult. It’s also crucial to know the hunting seasons and regulations, which you can find on the SCDNR website here. Remember, these rules are there to keep everyone safe and to protect wildlife populations.

Hunting accident deaths are extremely rare in South Carolina, but it does happen. Per the SC DNR statistics, in 2022, South Carolina had 24 hunting incidents. One of those was fatal. (TheState.com)

So far in 2023, there have been 2 fatal hunting accidents, according to the SC DNR. (PostandCourier.com)

Most recently, on November 24, 2023, 6-year-old Avery Davis was accidentally shot in the head in a hunting accident in Orangeburg, SC. Sadly, he died the next day. (PostandCourier.com)

Avery was in a tree stand “and appears to have been struck by a stray shotgun pellet from a shooter on the ground.” (USAToday.com)

Deer hunting is especially popular in South Carolina. It’s exciting and challenging, and it helps manage the deer population, which is important for the environment.

Did you know there’s a new law in SC, involving the deer harvest reporting process?

“Starting at the beginning of July 2024, hunters will have to electronically report deer they’ve killed…This helps the state ensure hunters stay within their legal limits…It’s all about managing the population.” For more information on this new law, read The State newspaper article here.

Safety becomes even more important with deer hunting. Why? Because deer hunting often involves firearms or bows, and sometimes hunters are in tree stands, which can be risky if not used correctly.

To stay safe while deer hunting, always let someone know where you’re going and when you’ll be back. Use a harness when in a tree stand, handle your firearm or bow safely, and always be aware of your surroundings. Plus, wearing the right gear, like blaze orange, helps other hunters see you.

Hunting can be a great adventure. But like any adventure, it’s important to be prepared and knowledgeable. Being a responsible hunter means respecting nature, following the rules, and ensuring everyone’s safety. By understanding the risks and following safety guidelines, you can help prevent accidents and enjoy a safe hunting experience. So, grab your gear, follow the rules, and happy hunting! Remember, safety first makes every hunting trip a better one.

Here at The Law Offices of David L. Hood, we have over 30 years of experience representing injured victims in South Carolina. We offer a free initial consultation so we can listen to your story and provide candid advice about what your legal options are. If you choose to hire us, we also work on a contingent fee basis. This means you don’t pay fees or expenses unless we achieve a settlement or win your case in court.

If you or a loved one has recently been injured in a hunting accident, or any other accident that was not their fault, contact The Law Offices of David L. Hood at (843) 491-6025, or fill out our brief online contact form, and we’ll get in touch to schedule your free consultation. We know an accident can turn a person’s life upside-down, but we’re here to support you and guide you at every step in your journey toward justice and healing.

Other online resources used for this article:

https://www.reserveamerica.com/articles/hunting/10-crucial-safety-tips-for-hunting-season

https://1source.basspro.com/news-tips/deer/5960/hunter-and-non-hunter-basic-safety-tips-during-hunting-season

https://www.muhealth.org/our-stories/tips-staying-safe-while-hunting

Categories
Medical Malpractice Lawyer

Doctors Abusing Drugs: A Serious Concern

Doctors abusing drugs: a subject that might sound surprising because doctors are the ones who help us when we’re sick. But, just like anyone else, doctors can face challenges too, and sometimes, those challenges involve drug abuse.

When we think of doctors, we often picture people who are super knowledgeable about health and always ready to help others. But doctors are human too, and they can struggle with the same problems as everyone else, including drug abuse. In fact, the most common cause of impairment in physicians is addiction.

Doctors are more likely to misuse prescription drugs than their patients, studies suggest. “An estimated 10 percent of health care professionals abuse drugs — about the same rate as the general public.” (DrugRehab.com)

Addiction in medical professionals is especially tricky and scary because it can not only affect the doctor’s health but also their ability to care for patients safely.

Doctors abuse drugs for various reasons:

  • Increased drug availability, making them easily accessible
  • To relieve stress
  • Pain Management
  • To treat anxiety and depression
  • Recreational Use
  • To avoid withdrawal symptoms from other substances

A study published in the Journal of Addictive Diseases compared drug use by different types of doctors, and found that psychiatrists and emergency room doctors use drugs the most, surgeons the least.

“The study also revealed:

  • Emergency room doctors used the most illicit drugs
  • Psychiatrists used the most benzodiazepines (like Valium & Xanax)
  • Pediatricians had low rates of drug use
  • Surgeons had low rates, except for tobacco smoking
  • Anesthesiologists had high rates of opioid abuse

(DrugRehab.com)

A 2012 study found 15.4% of surgeons suffered from alcohol abuse. Female surgeons were more likely to exhibit symptoms of alcohol addiction than male surgeons. “The consequences of the alcohol problems were frightening. Surgeons who reported feeling burned out or depressed were the most likely to have an alcohol use disorder, as were surgeons who reported making a major medical error within the previous three months.” (renaissancerecovery.com)

  • Smell of alcohol
  • Excessive sweating
  • Slurred speech or tremors
  • Difficulty walking
  • Lack of coordination
  • Memory impairment

A 2010 study showed that 17% of 1,891 physicians who were surveyed knew of an impaired or incompetent doctor within the past three years. However, only 67% reported their colleagues to the proper authority. Physicians working in small practices are even less likely to report an incompetent colleague.

Reasons doctors gave for not reporting:

  • They thought someone else was doing it
  • They believed their reporting would not make a difference
  • Fear of retribution
  • They didn’t think it was their responsibility
  • They didn’t want their colleague to get in trouble
  • They didn’t know how to report it

In most states, addicted physicians can get help through a confidential Physician Health Program (PHP), which allows them to seek help without disclosing their identity to the National Practitioner Data Bank. Studies report that PHP’s are more successful than alternative plans. PHP’s offer a “full continuum of care and a detailed treatment plan backed by support groups such as AA or NA.” (DrugRehab.com, https://www.drugrehab.com/addiction/doctors/ ) The program is usually five years in duration, and is open to residents, nurses, physician assistants, dentists, pharmacists and veterinarians.

Physicians can return to work, “with proper monitoring, a solid addiction recovery program and enrollment in a PHP.” The PHP will ensure compliance by a physician using a contract.

The good news is a Mayo Clinic Study shows that physicians in recovery have between 74% and 90% abstinence rates. This is most likely due to their determination to keep their license.

It’s important to remember, most doctors are dedicated professionals who work hard to take care of their patients. However, doctors can face challenges and need support, just like the rest of us. Drug abuse can happen to anyone, regardless of how educated or successful one is.

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!

*Clients are not liable for any expenses, unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

Categories
Medical Malpractice Lawyer

Homeschooling on the Rise in South Carolina

Homeschooling is on the rise in South Carolina, and it’s changing the way many kids and teens in the state are learning.

Technology and the internet have made homeschooling more accessible and varied, offering courses and learning experiences that might not be available in traditional schools.

Homeschooling means getting your education at home instead of going to a traditional public or private school.

In the US, homeschooling may be the fastest growing form of education.

The Washington Post set out to find answers on why this boom has taken place. The Home-School Nation project is based on data from 32 states and the District of Columbia. The data represents over 60% of school age children in the US.

In 390 of the districts surveyed: For the 2021-22 school year, out of every 10 children in public schools, there was at least one child being homeschooled. “That’s roughly quadruple the number of districts that had rates that high in 2017-18.” (WashingtonPost.com)

The National Home Education Research Institute’s (NHERI) latest data shows that in 2019, there were approximately 2.5 million students being homeschooled. But in 2021-22, there were closer to 3.1 million children being homeschooled. “The homeschool population had been growing at an estimated 2% to 8% per annum over the past several years, but it grew drastically from 2019-20 to 2020-21.” (NHERI.org)

A Washington Post-Schar School poll asked homeschooling parents the question, “Thinking about some specific reasons, did your family choose to home-school this child because…”

The top five reasons were:

  • Concern about school environment
  • To provide moral instruction
  • Dissatisfaction with academic instruction at schools
  • Concern about school shootings
  • Concern about bullying

Some of the other reasons ranged from the child having special needs (behavioral or otherwise) that couldn’t be met at a brick-and-mortar school, to parents wanting to provide religious instruction.

In South Carolina, families have been choosing homeschooling more and more for its flexibility and the ability to tailor the learning to each student’s needs.

We have seen a huge increase in the number of families choosing to homeschool in the last few years. “Out of the 32 states and the District of Columbia from which The Washington Post was able to collect data, South Carolina ranked 18th for the growth rate of home schooling.” In The Palmetto State, the number of children being homeschooled since the 2017-18 school year has increased by 49%! In Anderson, SC there was a 373% increase! (TheState.com)

3.6% of all students in SC are homeschooled, according to the National Home Education Research Institute.

In South Carolina, homeschooling doesn’t mean you’re just on your own. There are laws and guidelines to make sure homeschooled students get a solid education. For example, you need to learn certain subjects and get a certain amount of instruction each year. But within those rules, there’s a lot of room to customize how and what you learn.

Families might use online courses, textbooks, community resources, or even get together with other homeschooling families to share experiences and lessons. It’s a bit like building your own adventure in learning.

Homeschooling can be pretty awesome. Students often get one-on-one attention, can learn at their own pace, and explore subjects they’re really interested in. They might also have more flexible schedules, which can be great for traveling or pursuing hobbies and sports more seriously.

But it’s not all easy. Homeschooling can be a lot of work for parents, who are often the teachers, too. And some students might miss the social side of traditional schools, like extracurricular activities or just hanging out with a big group of friends at lunchtime.

As homeschooling continues to grow in South Carolina, we might see even more resources and support for families who choose this path. Technology will likely play a big role, with more online classes and learning tools becoming available. And who knows? The way we think about school and learning might keep changing in exciting ways.

So, whether your children are homeschooled, in public school, or private school, remember learning can happen anywhere and everywhere. It’s all about finding what works best for you!

Whether your child is homeschooled, in Montessori, public or private school, the need for emergency rooms and hospitals that are specifically geared to handle children is critical information for all families in South Carolina. To learn more, check out our blog Pediatric Emergency Care is Lacking in America.

If your child is the victim of a tragic accident which wasn’t their fault, contact The Law Offices of David L. Hood for your free, confidential initial consultation. We also focus on medical malpractice and wrongful death cases. With 18 locations across South Carolina to serve you, we’re never too far away. Contact us today. To get in touch with us, you can call our offices at (843) 491-6025 or email us here. There’s no obligation – You have questions, we have answers!

Categories
Mesothelioma Attorney

Asbestos Secondary Exposure

Asbestos secondary exposure causes Mesothelioma Cancer just as primary exposure does.

The only known cause of Mesothelioma Cancer is exposure to asbestos fibers. Therefore, the majority of Mesothelioma cases are due to occupational asbestos direct exposure. “Any amount of asbestos exposure is considered dangerous, even for those who do not directly work with or come into contact with the toxin.” (Mesothelioma + Asbestos Awareness Center)

Due to the way secondary exposure to asbestos happens, it is the most serious health risk for women and children.

What is Asbestos?

Asbestos, “a fibrous mineral, either amphibole or chrysotile, formerly used for making incombustible or fireproof articles,” has been used in the United States for decades, and at one time could be found in many products.(Dictionary.com)

Some of these old asbestos-containing products still exist in many old homes and buildings. Ranging from brake pads to insulation, these products continue to cause dangerous exposure.

Asbestos Primary Exposure

Primary exposure happens when a person comes directly in contact with asbestos. For example, someone who worked in a factory that used asbestos, or in construction before it was known how dangerous asbestos is.

Asbestos Secondary Exposure

Secondary exposure is when those NOT directly working with asbestos are exposed, usually by living with someone who has been exposed to asbestos at work.

Imagine this: A worker in an old building is taking apart walls for a renovation. Asbestos used in the building’s construction gets disturbed and tiny fibers are released into the air. The worker might not see them since the fibers are so small, but they stick to his clothes and hair.

When he goes home, the asbestos fibers come with him. If he hugs his kids or they play with his tools, they can breathe in those tiny fibers. If his wife then washes his clothes, she breathes in the fibers as well.

The fibers can also get spread throughout the house, as well as embedding in furniture, for everyone else to breathe them in.

This domestic exposure increases the risk of mesothelioma cancer. “Historical data shows cases of both pleural mesothelioma (which develops in the lung linings) and peritoneal mesothelioma (which develops in the abdominal linings) from exposure to contaminated work clothes.”

Non-occupational exposure may explain about 20% of the mesothelioma cases in industrialized countries.

Asbestos Secondary Exposure in Women

Research shows that women are the most likely to be impacted by secondhand asbestos exposure. “In one study, 64% of the female participants were exposed to asbestos through household exposure, environmental exposure or both. Only 12% of the male patients in the study had secondary asbestos exposure.”

Asbestos Health Effects in Women

In female patients, the effects of asbestos exposure are different than in male patients. Women are more likely to develop peritoneal mesothelioma (cancer of the abdomen). And they typically have longer latency periods (amount of time between exposure and symptoms) than their male counterparts.

Asbestos Exposure Symptoms in Females

Symptoms are also different in females. A study of patients of pleural mesothelioma between 2000 and 2017 found that 82% of females presented with cough. Only 33% of male patients had a cough. Only 28% of male patients experienced chest pain, while 73% of females had chest pain.

Research found that female patients have a worse prognosis than male patients, because of the longer latency periods and differing symptoms. Only 27% of female patients had a one-year survival rate, while 39% of male patients reached the one-year mark.

Because malignant mesothelioma is mostly found in men, women sometimes experience gender bias during their diagnostic process. This may also lead to a shorter survival rate.

Younger Mesothelioma Patients

Due to secondary exposure, younger patients are being diagnosed with mesothelioma. “Studies have found younger patients often have a longer latency period, which can hinder diagnosis and result in fewer treatment options and a poor life expectancy.”

It’s still not clear what problems are caused by childhood exposure to secondhand asbestos. Researchers are not sure if it’s the exposure at a younger age, or the prolonged exposure that later causes asbestos disease. However, they do know that regardless of age, prolonged exposure puts anyone at higher risk of eventually developing mesothelioma.

Prognosis and Secondary Exposure

More often than not, secondary asbestos exposure results in pleural mesothelioma, the most common form of mesothelioma. Research shows that patients with secondary exposure and patients who have acquired mesothelioma through occupational exposures have similar asbestos concentrations in the lungs.

Due to the fact that patients with secondhand exposure may not even realize they have come into contact with asbestos, doctors have a harder time determining an accurate diagnosis for them.

Those who were exposed on the job may face failure to diagnose as well. But there’s a good chance doctors will come to the correct conclusion when discussing the patient’s work history.

As with any type of cancer, early detection of mesothelioma and other asbestos-related diseases is imperative for a better prognosis, and for the patient to have more treatment options.

Employer Regulations

“Secondary asbestos exposure is less common today than it was decades ago,” due to stricter employer regulations (Asbetos.com):

  • Employers must provide workers with facilities to change out of contaminated clothing before leaving work.
  • Employers are required to provide shower facilities for workers, so they can wash any residual asbestos off of their skin and hair.
  • Employers must clean contaminated work clothes using special laundering services, instead of employees washing their own contaminated clothing.

Environmental Risks

Secondary environmental exposure, like secondary exposure caused by workers bringing home asbestos fibers, usually occurs at a lower concentration than direct exposure. Because of the similarities, both types result in similar development of asbestos cancer. And patients normally experience longer latency periods in both.

Researchers are trying to better understand environmental exposure risks. When looking at only environmental exposure, studies show that the gender gap closes significantly, with incidence rates equal among women and men. Both “may experience longer latency periods, resulting in more late stage diagnoses.”

A South Carolina Landmark Lawsuit: Mesothelioma Death Due to Secondary Exposure

Among other landmark secondary exposure cases, “In 2021, a South Carolina jury awarded $32 million to Robert Weist. He is the surviving spouse of Kathy Weist, who died of mesothelioma through secondary exposure to asbestos. Mr. Weist unknowingly brought asbestos home through his work at a processing plant. Mrs. Weist was also exposed through her father and uncle, who both worked with asbestos products from the 1960s through the 1980s.” (Asbestos.com)

Asbestos Exposure Intervention

Being knowledgeable of the elevated risks will improve patient prognosis, through early intervention. Hopefully, now that researchers realize the amount of Americans who develop mesothelioma through inhaling or ingesting asbestos fibers in their environment, more will be done to prevent exposure.

The Law Offices of David L. Hood – Representing the Injured and Mesothelioma Victims in South Carolina

The Law Offices of David L. Hood and co-counsel have been fighting for the rights of injured mesothelioma victims (and their families) in North Myrtle Beach, Myrtle Beach, Murrells Inlet, Georgetown, Charleston and all across South Carolina for over 30 years. We have a dedicated team that will strive to take care of your claim professionally and treat you with respect.

Over the years we’ve represented thousands of disabled & injured workers working hard to get them the medical treatment and compensation they deserve. If you or a family member has suffered from primary or secondary exposure to Mesothelioma or just have questions about a possible case, let us know. We’re here to help. And we have 18 locations throughout South Carolina to serve you.

To learn more about what we can do for you and to get answers to your questions, contact one of our offices to set up a free initial consultation. If you choose to work with us, we will handle your case on a contingent fee basis, which means you pay nothing unless we make a recovery for you. To get in touch with us, you can call our offices at (843) 491-6025 or email us here. You have questions – we have answers!

Categories
Workers’ Compensation Lawyer

Workplace Fatalities in South Carolina

Workplace fatalities in South Carolina were up in 2021, totaling 107 deaths, according to the latest data by the US Bureau of Labor Statistics. The majority of workplace deaths in South Carolina are transportation incidents, followed by violence and other injuries by persons or animals and falls, slips, and trips.

What are Workplace Fatalities?

A workplace fatality is when someone dies due to an accident or incident that happens at their job. These could be because of falls, machine accidents, or even things like fires.

What is Workers’ Compensation?

Workers’ compensation is a safety net for people who get injured at work. If someone gets hurt or sick because of their job, this system helps them get medical care and a portion of their wages while they recover.

Workers’ Compensation Survivor Benefits

When a worker in South Carolina dies because of a work-related incident, their family or dependents may be entitled to certain benefits: survivor benefits. It’s a way to help families who’ve lost a loved one.

These benefits can include:

  • Payment for Burial Costs: This helps cover the expenses of funerals and burials.
  • Compensation for Dependents: If the person who passed away was providing for their family, this benefit ensures that the family gets some financial support.
  • Medical Expenses: If the worker had any medical bills before they passed away, workers’ comp might help cover those costs.

How Do Families Apply?

If someone’s family member dies due to a workplace incident in South Carolina, they should reach out to a lawyer or the South Carolina Workers’ Compensation Commission. They’ll help guide the family through the process of applying for these benefits.

Staying Safe at Work

It’s essential to always be aware and stay safe. In South Carolina, many of these workplace injuries occur with construction and extraction workers and tractor-trailer drivers. These workers are exposed to high-risk work environments. Remember:

  • Always follow safety guidelines.
  • If something feels dangerous, speak up!
  • Learn about your rights as a worker.

Workplace fatalities are tragic events, and it’s essential for families to know about the support they can receive if the worst happens. Remember to prioritize safety and know your rights.

Let’s hope for a future where workplace accidents become rarer, and everyone can go to their jobs without fear. Stay informed, stay safe, and always look out for one another!

The Law Offices of David L. Hood – Representing Injured Workers in South Carolina

Navigating your way through all these areas and the details involved in filing a workers’ compensation claim can be a difficult process. If you’re injured, in pain, and facing financial problems you might naturally miss some important details in your case.

Working with an experienced attorney should make the process much easier for you. Your lawyer should be able to keep up with the insurance company and your employer, and keep your case on track. This will give you time to focus on your recovery instead of stressing out about handling the claim alone.

The Law Offices of David L. Hood has been fighting for the rights of injured workers in North Myrtle Beach, Myrtle Beach, Murrells Inlet, Georgetown, Charleston, and all across South Carolina for over 30 years. We have a dedicated team that will strive to take care of your claim professionally and treat you with respect. Over the years we and our co-counsel have represented hundreds of injured workers and their families, working hard to get them the medical treatment and compensation they deserve.

To learn more about what we can do for you, contact our offices to set up a free initial consultation. If you choose to work with us, we will handle your case on a contingent fee basis, which means you pay nothing unless we make a recovery for you. Contact us today for your free, no-obligation, initial consult! Call our offices at (843) 491-6025, or chat, text, or email us here. We’re available 24/7 to serve you!

Categories
Medical Malpractice Lawyer

Pediatric Emergency Care is Lacking in America

Pediatric Emergency Care is Lacking in America. Some hospitals in the US aren’t fully prepared to treat kids in emergencies. Why is this a big deal?

Pediatric Emergency Care: The Current Situation

Imagine your child breaking their arm while playing soccer, or having a sudden allergic reaction to something they ate. You would rush them to the closest emergency room, right? But here’s the kicker: not all emergency rooms are fully ready to treat kids. Children aren’t just tiny adults; they have unique medical needs and require specialized care.

Hundreds of children are injured or even die each year in the US after being taken to poorly prepared emergency rooms.

The Wall Street Journal found that “only about 14% of emergency departments nationwide have been certified as ready to treat kids, or are children’s hospitals specializing in treating young patients.”

Heartbreaking Stories

You may be wondering, “Why does this matter?” Some children in America, including in South Carolina, have been injured or have tragically passed away because the emergency care they received wasn’t up to par.

Here are a couple of cases:

A three-year-old was suffering a seizure when she was rushed to the hospital. The doctor wanted to install a breathing tube. The breathing tube handed to the doctor by staff was too large for the toddler.

Because a child’s airways are smaller than an adults’, and the breathing tube must be positioned differently, intubating a toddler can be especially tricky for a doctor who does not specialize in pediatrics. Children also lose oxygen more quickly than an adult, so intubation needs to happen fast.

After the doctor could not intubate with the adult tube, he tried multiple times with smaller tubes and failed. The toddler lost too much oxygen and her heart stopped.

CPR was attempted, but once again, staff used adult drug doses. She was finally stabilized but had gone without oxygen for too long. Sadly, she passed away several days later.

Preventable Life Altering Injury

In another case, a 4-year-old went to the ER for stomach pain and vomiting. Emergency staff gave him Tylenol and apple juice. They did not order an x-ray of his bowel until four hours later. They had planned to send him home before the x-ray results even came back!

Once they got the x-ray results, he was rushed to a children’s hospital, where he was diagnosed with intussusception, a crumpled bowel. Doctors who do not specialize in pediatrics will sometimes mistake intussusception in a child with constipation or a stomach virus. If caught early, intussusception is easily cured.

Because it took so long to diagnose him, the boy’s oxygen dropped to a dangerous level, and he went into septic shock. In the operating room, his heart stopped. He ended up needing multiple surgeries on his bowel and lungs. He suffered long-term lung damage, and has been hospitalized several times for pneumonia, caused by the lung damage. (WSJ.com)

These are just a couple of examples: reasons why we need to spread awareness about the importance of pediatric emergency care readiness.

The Pediatric Readiness Project: A Ray of Hope

To tackle this issue, there’s a nationwide effort called the “Pediatric Readiness Project.” This project aims to ensure that every emergency room is prepared to give the best care to children. Hospitals are being evaluated on how well-equipped they are, from having the right-sized medical tools for children to training doctors and nurses to deal with pediatric emergencies.

“Steps that research has shown E.R.s should do to be ready to take proper care of children:

  • Doctor coordinator for pediatric emergency care
  • Nurse coordinator for pediatric emergency care
  • Staff are tested periodically on pediatric care skills, such as resuscitation
  • Careful monitoring of quality and safety markers specific to children
  • Child-specific protocols, such as identifying abnormal pediatric vital signs
  • Written all-hazard disaster plan that accounts for children
  • Evidence-based decision support tools available to doctors in real time
  • Written agreements for where and when to transfer young patients
  • Safety measures, such as only weighing children in kilograms to avoid confusion, and using guides that pre-calculate drug doses
  • Stocking child-sized equipment and medications important for children, and training staff on where to find them

Source: Pediatric Readiness in the Emergency Department Checklist produced by the American Academy of Pediatrics, American College of Emergency Physicians, Emergency Nurses Association and Emergency Medical Services for Children Innovation and Improvement Center, 2021.”(WSJ.com)

How Can You Make Sure Your Child is Safe When There’s an Emergency?

“In 1994, the South Carolina Department of Health and Environmental Control (SCDHEC) obtained federal grant funding to integrate the special treatment needs of pediatric patients into the state’s EMS and hospital systems. This program became the South Carolina EMS for Children (SC EMSC) program.”(SCDHEC.gov)

This link will give you information on which South Carolina hospitals have been awarded pediatric-ready certificates. These are hospitals that have voluntarily applied for a certificate.

South Carolina hospitals that specialize in pediatrics along with their websites:

MUSC Shawn Jenkins Children’s Hospital (Charleston) https://locations.musckids.org/sc/charleston/10-mcclennan-banks-drive-fac151utm_source=Yext&utm_medium=Listings&utm_campaign=WebsiteClicksFacility

Prisma Health Children’s Hospital (Columbia) https://prismahealthchildrens.org/locations/hospitals/childrens-hospital-midlands

Prisma Health Children’s Hospital (Greenville) https://prismahealthchildrens.org/locations/hospitals/childrens-hospital-upstate

Shriners Hospital for Children (Greenville) https://www.shrinerschildrens.org/en/locations/greenville

McLeod Children’s Hospital (Florence) https://www.mcleodhealth.org/services/care/childrens-hospital/

Stay Informed: Share this information with your friends and family. Awareness is the first step towards change.

Support Local Hospitals: Find out if your local hospital is a part of the Pediatric Readiness Project. If not, write to the hospital management or local representatives, stressing the importance of pediatric emergency care.

Safety First: Have your children practice safety guidelines in sports, be aware of food allergies, and always require them to wear helmets and seat belts.

Every Child Deserves the Best Care

Every child, whether in The Palmetto State or any other part of America, deserves the best emergency care. By staying informed, supporting the Pediatric Readiness Project, and taking safety precautions, we can all play a part in ensuring a safer future for our children.

Stay safe, stay aware, and remember that every voice can make a difference!

Contact The Law Offices of David L. Hood for a Free Medical Malpractice Consultation

If you, your child, or someone else you care about has suffered because of medical negligence, please schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!

*Clients are not liable for any expenses, unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

Categories
Medical Malpractice Lawyer

Surgical Safety Checklist
Ensuring Your Health Comes First

The Surgical Safety Checklist helps keep patients safe and ensures that all the necessary steps are taken before, during, and after surgery.

When it comes to something as important as surgery, making sure everything goes smoothly is crucial. That’s why medical professionals use the Surgical Safety Checklist. Let’s explore what this checklist is all about and how it’s making a positive impact in South Carolina and around the world.

What is the Surgical Safety Checklist?

A Surgical Safety Checklist is like a to-do list for doctors, nurses, and other medical staff involved in a specific surgery. Just like you might use a checklist to remember what to pack for a trip, medical teams use this checklist to make sure they’re doing everything they can to keep patients safe during surgery. It includes important steps and things to check before surgery starts, during the surgery, and before the patient leaves the operating room.

Why is the Surgical Safety Checklist Important?

Imagine building a model airplane. You wouldn’t just start building without a plan, right? In the same way, doctors and nurses need a plan to make sure they’re doing everything right during surgery. The Surgical Safety Checklist helps them remember all the important steps, like making sure they have the right patient and the right body part, checking that all the equipment is ready, and making sure everyone in the room knows what’s happening.

Implementation in South Carolina

In South Carolina, hospitals and surgical centers are using the Surgical Safety Checklist to make surgeries even safer. This checklist has become standard practice in many medical facilities. When doctors and nurses follow the checklist, it reduces the chances of mistakes happening during surgery. This means better outcomes for patients and fewer complications after surgery.

Here’s an example. An operating room employee in SC noticed an expired date on an artificial ocular lens implant, just before a cataract surgery was to begin. No one checked the expiration date until 20 minutes before surgery.

Lorri Gibbons, vice president of quality and safety for the SC Hospital Association said, “If the expired implant had been used, the patient may have developed an infection and would have needed another surgery to replace the artificial lens.”

Gibbons said using the 19-point “Surgical Safety Checklist” prevented the dangerous mistake from being made. “They caught it just in time…This (checklist) has become such a good communication tool.” (The Post and Courier)

Global Impact of the Surgical Safety Checklist

The Surgical Safety Checklist isn’t just popular in South Carolina; it’s used all around the world. Medical professionals everywhere have realized how important it is to have a set of steps to follow to ensure patient safety. Countries like Canada, the United Kingdom, and Australia have also adopted this checklist as a standard procedure. It’s like a universal language that doctors and nurses can use to communicate and make sure everything is on track.

How Does the Surgical Safety Checklist Work?

  • Before Surgery Starts:

Medical staff confirm the patient’s identity, the type of surgery, and any allergies the patient might have. They also make sure all the necessary equipment is ready.

  • During Surgery:

The checklist helps the team communicate important updates during surgery. They check if the patient is positioned correctly, if the right body part is being operated on, and if any unexpected problems are happening.

  • Before the Patient Leaves the Operating Room:

The team ensures that all steps of the surgery were completed successfully. They also discuss any concerns or special care the patient might need after surgery.

Why is the Surgical Safety Checklist needed?

Dena Knapp was scheduled for surgery to have an adrenal gland, along with a mass on the gland removed.

Later that same day, the surgeon was informed by the pathology department that he had removed the kidney, instead of the adrenal gland. However, two days later the surgeon told Knapp that he had not heard back from pathology yet.

Six days later, Dr. Baker informed Knapp that he had not gotten everything and that she would need to undergo a second surgery.

Knapp made the decision to go to a different hospital to have the second surgery, instead of returning to the same surgeon. A surgeon at the second hospital successfully removed the gland and mass. Knapp has filed suit against the first surgeon and his practice.

According to the lawsuit, “Knapp’s erroneous surgery resulted in an incurable and progressive kidney disease in her remaining kidney…she suffers from pain, fatigue, depression, and mental distress…further, since the erroneous surgery, Dena has been unable to perform many functions and has required replacement services to clean and maintain her home, the past and future cost of which is yet to be determined.” (USA Today)

With the Surgical Safety Checklist in play, everyone in the operating room would have known what body part was to be removed, and the mistake more than likely would not have happened.

The Safe Surgery South Carolina Program

Recently, South Carolina hospitals were asked to participate in a voluntary program to implement this World Health Organization (WHO) Surgical Safety Checklist. In the hospitals that completed the study, South Carolina saw a 22% reduction in post-surgical deaths.

“In the Safe Surgery South Carolina program, all hospitals in the state were invited to participate in a voluntary, statewide effort to complete a twelve-step implementation program with Ariadne Labs that included customizing the checklist for the local setting, doing small-scale testing, and observing and coaching on checklist performance.” Harvard T.H. Chan School of Public Health Fourteen hospitals (40% of the inpatient volume in the state) completed the study.

Post-surgery, “patients are at risk of complications and death from a variety of causes such as infection, hemorrhage, and organ failure.”

Findings of the Safe Surgery South Carolina program

Findings: Prior to implementation the post-surgery death rate in these 14 hospitals was 3.38% and decreased to 2.84%  after implementation. Mortality in the 44 hospitals that did NOT participate in the program was 3.5% , and then increased to 3.71%. That’s a 22% difference in mortality between the two groups!

“With these results, South Carolina offers a national model of best practices in implementing a team-based, communication checklist to drive quality improvement in the operating room.” Gibbons said, “None of us went into health care to hurt people and when it happens, it’s devastating personally, and professionally. And if something as simple as improving communication around the patient so that…everybody is more likely to say, we’re on the wrong leg or we’re hanging the wrong bag, that is what’s saving lives.” (Greenville News)

The Surgical Safety Checklist might seem like a simple tool. But it’s making a big difference in how surgeries are done. By following this checklist, doctors and nurses are working together to make sure patients stay safe and healthy. So, the next time you hear about someone having surgery, remember that behind the scenes, hopefully, there’s a checklist helping to ensure everything goes as smoothly as possible.

Do I Have a Medical Malpractice Lawsuit in South Carolina?

Contact The Law Offices of David L. Hood For a Free Medical Malpractice Consultation

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!

*Clients are not liable for any expenses, unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

Categories
Personal Injury Attorney

Parasailing in South Carolina
is Largely Unregulated

Parasailing in South Carolina is largely unregulated. The Post and Courier reports, “Parasailing doesn’t fall under the jurisdiction of any public authority in South Carolina: It is not overseen by the Department of Labor, Licensing and Regulation (which inspects amusement rides), nor by the Department of Natural Resources, which registers and titles watercraft.”

The U.S. Coast Guard doesn’t have jurisdiction over parasailing either, though it does issue licenses for boat captains that ferry paying customers.

What is Parasailing?

Picture this: You’re high above the sparkling waters, soaring like a bird, with the wind in your hair and an exhilarating view below. That’s the thrill of parasailing! It’s a water activity that involves being harnessed to a parachute while a speedboat pulls you through the sky. But wait, is it all fun and games? Not quite.

Parasailing in South Carolina: The Dark Side

Did you know that parasailing in South Carolina has faced some serious accidents? In fact, an eye-opening article by The Post and Courier reported a tragic incident involving a man who lost both his legs after a parasailing mishap. The report highlights a critical concern: the lack of strict regulations surrounding parasailing operations in The Palmetto State.

Henry Owens was in the midst of transferring from the parasailing vessel to a banana boat (a long yellow raft) when he fell into the water and his legs got caught in the propellers of the parasailing vessel. The Post and Courier reports that Owens said, “I remember going underneath. The propellers were there. I was trying to work my way up and my legs got caught in the propellers.”

Owens was put into a medically induced coma for two days. Afterward, both of his legs had to be amputated above the knee.

The Coast Guard

The Coast Guard inspects some watercraft annually. But the boat involved in the Myrtle Beach incident was small enough that it did not have to be inspected, according to Lt. J.B. Zorn, spokesperson for the Charleston sector of the Coast Guard.

Per Zorn, inspection is not required for boats carrying less than six people. (WPDE.com)

Another Parasailing Accident in SC

Another Myrtle Beach customer fractured a hip in the same process of transferring from the parasailing boat to a banana boat.

Parasailing in South Carolina

Matthew Dvorak of the Water Sports Industry Association (WSIA) said parasailing has been unregulated in most of the United States until a few years ago after video captured several high-profile accidents. At that time, best practices were drafted by members of the industry.

The Myrtle Beach Sun News reports, “The parasailing industry remains largely unregulated in South Carolina as other states step up regulations in the wake of several high-profile accidents that were caught on video.”

The Coast Guard has also put pressure on the WSIA. Dvorak said, “It got to the point where they said, ‘You either do this, or we’ll do it for you.’”(PostandCourier.com)

These best practices guidelines, which mostly refer to what to do in bad weather and poor water conditions, “served as a basis for legislation that since have passed in several states, including Florida,” per Dvorak (PostandCourier.com). Since the WSIA wrote these best practices, safety statistics have dramatically improved.

Because of inadequate regulations of the parasailing industry in South Carolina, there are no legal requirements as to “what conditions they may operate in, the quality of their equipment or how much insurance they should carry.” (PostandCourier.com)

Members of the South Carolina industry argue that inspections by insurers do provide some safeguards for their businesses. Members say they self-regulate to avoid accidents like customers who are aloft floating away or colliding with buildings.

However, “the process of transferring a customer from one craft to another in open water is now being examined by the main parasailing industry group. That transfer is necessary in locations like the Grand Strand, where a long stretch of popular beach means boats can’t pick up customers on the shore.” (PostandCourier.com)

Staying Safe while Parasailing

Parasailing might seem like a breeze, but safety should never be taken lightly. It’s important to address the lack of regulations in South Carolina to prevent accidents like the one mentioned earlier. If you’re itching to experience the thrill of parasailing, it’s essential to prioritize safety. Here are some tips to keep in mind:

  • Choose reputable operators: Research and opt for operators with a proven track record of safety. Those that operate from an established location (not a beach front) are safer. Don’t hesitate to ask questions about their equipment, experience, and safety measures.
  • Check the weather: Wind and weather conditions play a significant role in parasailing safety. Don’t fly in fog, rain, or an approaching storm. If the weather looks questionable, it’s better to postpone your adventure for another day.
  • Release forms: The operator should explain all of the risks, not just hand the release forms to you to sign.
  • Visual inspection: The boat should be well-maintained, not old and weathered. Be sure the tow rope does NOT look worn or frayed. “This is your lifeline!”
  • Listen carefully to safety briefing: Pay close attention to the instructions provided by the crew. Understanding how to properly use the equipment and what to do in case of an emergency can make a big difference. “Warning: If you do not receive a safety briefing do NOT parasail with that operator!”
  • Wear safety gear: Just like wearing a helmet while biking, wearing the right safety gear while parasailing is a must. Make sure your harness and other equipment are in good condition.
  • Trust your gut: If something doesn’t feel right, speak up. Your safety is the top priority, so don’t hesitate to voice your concerns. (parasail.org/consumer-alerts.html)

Parasailing in South Carolina offers an incredible opportunity to experience the thrill of flying over the ocean. However, it’s crucial to acknowledge the lack of regulations that has led to accidents and injuries. By raising awareness about this issue and prioritizing safety measures, we can ensure that the skies remain a safer place for everyone to enjoy this exhilarating activity.

Remember, while the wind beneath your wings can lift you to new heights, proper safety measures will keep you soaring safely.

Water Sports Accident in South Carolina? The Law Offices of David L. Hood is here to fight for you!

Here at The Law Offices of David L. Hood, we have over 30 years of experience representing injured victims in South Carolina. We offer a free initial consultation so we can listen to your story and provide candid advice about what your legal options are. If you choose to hire us, we also work on a contingent fee basis. This means you don’t pay fees or expenses unless we achieve a settlement or win your case in court.

If you or a loved one has recently been injured in a water sports accident, contact The Law Offices of David L. Hood at (843) 491-6025, or fill out our brief online contact form, and we’ll get in touch to schedule your free consultation. We know an accident can turn a person’s life upside-down, but we’re here to support you and guide you at every step in your journey toward justice and healing.