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.”(dph.sc.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.

Categories
Medical Malpractice Lawyer

Diagnostic Errors in Healthcare in the US

Diagnostic errors in healthcare lead to around 800,000 deaths and disabilities in the US each year. That’s a huge number! In fact, even in South Carolina, this problem has serious implications for patients. A study by researchers highlighted in a recent CNN article reveals the alarming scale of this issue. These errors can happen for various reasons, like misinterpreting test results, not considering all the symptoms or even miscommunication between different healthcare professionals.

Understanding Diagnostic Errors in Healthcare

Healthcare is an essential aspect of our lives, ensuring that we stay healthy and get the treatment we need when we’re sick. However, there’s a hidden problem that has been causing harm to patients – diagnostic errors. Imagine going to the doctor, and they give you the wrong diagnosis. This can lead to serious consequences: “About 37,000 people die and 424,000 sustain permanent disabilities – such as brain damage, blindness, loss of limbs or organs, or metastasized cancer – each year as a result” of diagnostic errors. (CNN.com)

What are Diagnostic Errors?

When you visit a doctor, they listen to your symptoms, run tests, and try to figure out what’s wrong with you. This process is known as diagnosis. A diagnostic error happens when the doctor gets it wrong and gives you a diagnosis that’s not accurate. This could mean receiving the wrong treatment or not getting the right treatment on time.

Dr. Daniel Yang, an internist says, “Diagnostic errors are errors of omission…The question is: Could [the outcome] be prevented if we had done something differently earlier on? Oftentimes, that’s a judgment call that two doctors might disagree on.” (CNN.com)

How Do Diagnostic Errors in Healthcare Happen?

Diagnostic errors are like puzzles with missing pieces. Sometimes providers don’t have enough information to make an accurate diagnosis. For example, they may not have all of the patients’ records – from each encounter with primary doctors, specialists, emergency rooms and clinics. Other times, they might not have enough time to thoroughly analyze all the factors.

The Impact of Diagnostic Errors on Patients

Getting the wrong diagnosis can have serious consequences. It can lead to unnecessary treatments, delays in getting the right treatment, and even worsening of the actual condition. For instance, if a person with a heart problem gets diagnosed with a different issue, they might not receive the heart treatment they urgently need.

Around 40% of the deaths and disabilities linked to diagnostic errors are due to diagnostic errors in five conditions:

  • Stroke
  • Sepsis
  • Pneumonia
  • Venous thromboembolism (blood clot in a vein)
  • Lung cancer

Why is Solving This Issue Important?

Fixing the problem of diagnostic errors is crucial to improving healthcare. Think about it: if doctors can accurately diagnose illnesses, they can provide the right treatment sooner, saving lives and reducing suffering. Imagine if those 800,000 people didn’t have to face death or disability due to the wrong diagnoses.

Steps Towards a Solution

The medical community (including professionals in South Carolina) is working hard to find ways to reduce diagnostic errors. This involves better training for doctors, using advanced technology for more accurate test results, and encouraging open communication among healthcare professionals. Also, patients can play a role by being active in their healthcare journey – asking questions, providing all relevant information, and seeking second opinions if needed.

Here’s a checklist from the National Academies of Sciences, Engineering, and Medicine that will make YOU an essential member of your diagnostic team:

  • Tell your story well: Be clear, complete and accurate
  • Be a good historian: Remember treatments you have tried in the past, whether or not they helped, and what, if any, side effects they caused.
  • Keep good records: Keep up with test results, referrals, and hospital admissions. Keep a current list of your medications.
  • Be informed: Learn about your illness, tests, and procedures you are having done, and your meds. Use reliable internet sources or visit a local library – do your homework!
  • Take charge of your health: Ask questions, make sure all providers have the same info., and make sure you are informed and involved in any decisions made.
  • Know your test results: Make sure you and your provider have results from any tests or procedures. If you don’t have those, call and ask for them. Ask what the results mean.
  • Follow up: Ask about whether you need another appointment and set the appointment. Ask what to expect from any treatment. Ask what to do if you start having new symptoms or start feeling worse.
  • Don’t just accept the diagnosis as correct: Ask what else it could be, forcing the provider to think about other possibilities.

A Brighter Healthcare Future

Diagnostic errors in healthcare are a serious concern that impact countless lives each year, including those in South Carolina. By understanding the issue, spreading awareness, and working together, we can move towards a future where accurate diagnoses are the norm. Remember, your health matters, and being informed can make a real difference.

Do I have a medical malpractice lawsuit in South Carolina?

To have a medical malpractice lawsuit in South Carolina, you need:

  • To prove that you received below the reasonable standard of care; an error that an average, well-trained person would not have made,
  • And – to prove that you suffered very serious injuries that you wouldn’t have if you had gotten proper care,
  • And a medical expert to swear that they believe medical malpractice was committed.

David L. Hood, Your Attorney for South Carolina Healthcare Diagnostic Errors

Have you or someone you care about suffered because of medical negligence? Schedule your free consult with Medical Malpractice Lawyer David L. Hood and his legal team by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how hard it can be to manage the short and long-term problems of a severe malpractice related injury. At The Law Offices of David L. Hood, we and our co-counsel legal team make an effort to simplify things for you. If you become our client, Medical Malpractice Attorney David L. Hood, co-counsel, and our group of experts will fight for you and your case.  Let us put our over 30 years of experience to work for you! Contact us 24/7 by phone, chat, email or text today to get your free, no obligation, initial consultation! At The Law Offices of David L. Hood, you have questions – we have answers.

Also, see our blog Misdiagnosis of Melanoma, A Growing Concern

Categories
Mesothelioma Attorney

Facts About Malignant Mesothelioma

It’s important to know the facts about malignant mesothelioma, in order to avoid risk factors and recognize early symptoms.

What is Mesothelioma?

“Malignant mesothelioma is a rare and aggressive cancer that develops in the linings of the lungs, abdomen, heart or testes.” (Mesothelioma.com) The only known cause of mesothelioma is exposure to asbestos.

Mesothelioma is misunderstood by many. For years, diagnosis and awareness of mesothelioma has been challenged due to common misconceptions that have been spread.

Who gets mesothelioma?

Statistics have led people to believe that ONLY elderly men can develop mesothelioma. While it’s true that over 75% of deaths due to mesothelioma are men, most of whom are past middle-age, this aggressive cancer can affect anyone, men or women, of all ages.

The main reasons older men have made up the majority of mesothelioma deaths:

  • The industries that expose workers to asbestos, mills, mining, automobile repair, construction, have been positions filled mostly by men.
  • Age-wise, “there is a long latency period for mesothelioma symptoms.” (https://www.mesothelioma.com/mesothelioma/latency-period/) Symptoms may not start until 10 to 50 years after exposure.

Facts:

Men and women are susceptible to mesothelioma. Some forms of mesothelioma are even more common in women: for example, papillary mesothelioma and cystic mesothelioma.

Young adults and children have also been diagnosed with mesothelioma

Is Mesothelioma lung cancer?

The most common form of the cancer, malignant pleural mesothelioma affects the lining of the lungs. Although it is pleural-based and does have some of the same symptoms as lung cancer, the two diseases are very different. Misdiagnosis could lead to the wrong treatment plan and hindered progress.

Facts:

  • Mesothelioma develops in the lung linings, while lung cancer forms in the lung tissues.
  • Mesothelioma is only known to be caused by asbestos. Lung cancer, on the other hand, can be caused by smoking, air pollution, or asbestos, among other factors.
  • Mesothelioma is normally more difficult to treat than lung cancer.
  • Mesothelioma has a lower median survival rate than lung cancer.

Are the symptoms of mesothelioma easily recognizable?

There are many common symptoms of mesothelioma that we can look out for:

  • abdominal pain and swelling
  • chest pain
  • coughing
  • fatigue
  • muscle weakness
  • unexplained weight loss

But, sometimes symptoms don’t show up until years after exposure. This makes it harder to diagnose early, thus hampering early treatment. For this reason, it’s important to immediately seek medical attention when recognizing any noticeable mesothelioma symptoms or health abnormalities.

Facts:

The earlier symptoms are detected, the better the prognosis. Sometimes no symptoms show up for 10 to 50 years after initial exposure to asbestos. Understanding potential risk factors is essential for early detection.

Is mesothelioma contagious?

The first question asked when someone develops a dangerous disease is whether or not it’s contagious. Mesothelioma is not contagious. There are, however, genetic risk factors that can make individuals more susceptible to developing the disease. Also, secondary exposure needs to be taken into consideration.

Facts:

  • Mesothelioma is not contagious.
  • Heredity, such as mutation of the BAP1 gene can cause genetic risk factors.
  • Secondary exposure, by workers bringing asbestos fibers home on their clothes can cause the development of mesothelioma in family members.

How much asbestos exposure causes mesothelioma?

Although those who are exposed to asbestos long-term have a better chance of succumbing to mesothelioma, even small amounts of exposure to asbestos can cause and increase the likelihood of developing the disease. There are also a variety of factors, including overall health, age, and duration of exposure that can make individuals more susceptible to diagnosis.

Facts:

Any amount of exposure to asbestos can cause mesothelioma. “The more an individual is exposed to asbestos, the more likely they are to develop mesothelioma.”

Secondary exposure can also cause mesothelioma.

Were companies aware that they were exposing employees to asbestos?

It’s hard to believe that employers would knowingly put their workers in danger, at the risk of developing diseases such as mesothelioma, lung cancer, asbestosis, etc., but some did. In many cases, victims are eligible to receive compensation for pain and suffering, along with mounting medical bills.

Facts:

“Occupational exposure is the leading cause of asbestos exposure.” Some companies knowingly put employees at risk for exposure to asbestos. Victims may be eligible for compensation from their employers.

Should suspected asbestos be removed immediately?

Asbestos is known to be dangerous, and can cause harm in the workplace, at home, or in schools. This makes people think it needs to be removed immediately. However, since asbestos IS so dangerous, it must be handled by an asbestos removal specialist.

Facts:

“When asbestos is disturbed, fibers become airborne and are easily inhaled or ingested, potentially causing mesothelioma.” A specialist should always be brought in, even if asbestos is only suspected.

Asbestos fibers in the air cannot be detected. They don’t cause any noticeable effects as far as smell, feel, or breathing troubles.

Has asbestos been banned?

Hopefully, this will happen soon, with the continued awareness of asbestos and all of the hazards it presents. At this time, however, “laws and regulations have been put into place to limit the potential of asbestos exposure.” Unfortunately, it is still found in older homes built before 1980, and in workplaces and public areas. Asbestos is still being found in products that are used today.

Facts:

To date, attempts have been made to fully ban asbestos, but they have been overturned. More than 60 countries have banned asbestos, and more have committed to ban it. Asbestos is still present in older homes, schools, workplaces, and products.

EPA’s “Final Rule”

The U.S. Environmental Protection Agency (EPA) is still working on totally eliminating asbestos in the United States. They recently announced the “final rule” issued under the Toxic Substances Control Act (TSCA). “The rule requires asbestos manufacturers – such as importers and processors – to report use and exposure information from the past four years, including information on asbestos-containing products.”(MesotheliomaGuide.com) The EPA plans to use this information for future actions – possibly a complete ban – on asbestos.

“Currently, the Ban Asbestos Now Act is in both the House of Representatives and Senate. It would outlaw all commercial mining, production and sale of asbestos within one year of passage. Activists are hopeful for its passing…” (MesotheliomaGuide.com)

Hopefully, these facts about malignant mesothelioma will help ensure early detection and a longer life expectancy.

What is Malignant Mesothelioma?

Mesothelioma Lawyer David L. Hood – Representing Mesothelioma Victims across 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.

To learn more about what we can do for you and to get answers to your questions, contact one of our locations to set up a free initial consult. 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. We’re available 24/7 via chat, phone, email or text. You have questions – we have answers: Contact The Law Offices of David L. Hood today!

Categories
Medical Malpractice Lawyer

Misdiagnosis of Melanoma,
A Growing Concern

Misdiagnosis of melanoma poses significant challenges in the field of dermatology and impacts patient outcomes.

Melanoma, a type of skin cancer, is a serious and potentially fatal condition.

First, let’s discuss skin cancer in general, including nonmelanoma.

Skin Cancer Statistics

Skin cancer is the most common type of cancer worldwide, and 1 in 5 Americans will develop skin cancer by age 70. Skin cancer can be broken down into two types: nonmelanoma and melanoma.

Nonmelanoma

Nonmelanoma consists of multiple different types of cancer, but it can mostly be divided up into three categories. 

Basal cell carcinoma is the most common type of skin cancer. It forms on the top layer of skin. It can look like a waxy bump, a scar, a white or pink patch, an open sore, an elevated growth with raised edges, or a growth that crusts, oozes, itches, or bleeds. Luckily, despite being the most common type, Basal cell carcinoma rarely spreads and is easily treatable. However, delaying treatment can cause complications (Moffitt Cancer Center).

Squamous cell carcinoma is different from basal cell carcinoma. It can also form on areas of the skin that aren’t often exposed to light, like genitals. Squamous cell carcinoma appears on the skin as a wart, a raised growth with a depression, a scaly red patch, or a tough and thickened patch of skin. It is usually very treatable. But it can spread if it is not treated quickly (Moffitt Cancer Center).

The last main type of nonmelanoma cancer is Merkel cell carcinoma. This is a rare, very aggressive type of cancer. It presents itself as a shiny pink, red, or bluish lump on the skin. With early detection, it is usually treatable. But it is important to catch it as early as possible (Moffitt Cancer Center).

Melanoma

Melanoma skin cancer begins in the malanocytes, which are the pigment-producing cells located on the top layer of the skin. While exposure to ultraviolet rays from the sun and tanning beds are often the cause of melanoma, it can also occur on areas of the skin that are not often exposed to light.

Warning Signs of Melanoma

Warning signs of melanoma include a mole that:

  • gradually changes color or shape
  • has a border that is not a perfect circle
  • has multiple shades of brown, black, or tan
  • is a different size, shape, or color than other moles on your body

Melanoma is a very serious type of cancer. It is important to have suspicious looking moles checked out by a professional. Early detection is key for the cancer treatments’ success (Moffitt Cancer Center). If you notice any of the symptoms listed above, please see a medical professional, as it is always better to be safe than sorry.

While the number of new cases of melanoma are estimated to fall by 5.6%, the amount of deaths caused by melanoma are expected to increase by 4.4% in 2023 (Skin Cancer Foundation). Men are the most likely to develop melanoma. However while melanoma is more common in White men, Black men are 26% more likely to die from the disease. This is mostly due to late-stage diagnosis, since the majority of melanoma in Black men appears under their toenails, on their toes or the soles of their feet, or on the fingernail beds or palms. Therefore, it is important to often check these places for any abnormalities and to see a medical professional for any abnormalities that may appear on your skin.

Melanoma Statistics in South Carolina

It is estimated that there will be 1,800 new cases of melanoma skin cancer in South Carolina in 2023, and as summer launches into full swing and more and more residents are increasing their time outside, it is critical to wear sunscreen and avoid sunburn whenever possible (American Cancer Society).

Early detection and accurate diagnosis are crucial for successful treatment and improved patient outcomes. However, there is a growing concern surrounding the misdiagnosis of melanoma cases, which can lead to delays in proper treatment and unnecessary anxiety for patients.

The Challenge of Accurate Diagnosis

Melanoma can mimic benign skin conditions, making it challenging for medical professionals to accurately diagnose. Factors such as atypical moles, variations in appearance, and the absence of standardized diagnostic criteria contribute to the complexity of differentiating melanoma from other skin abnormalities. Moreover, human error, limited access to specialized expertise, and time constraints in busy clinical settings can further contribute to misdiagnoses.

Consequences and Impact of Misdiagnosis

Misdiagnosis of melanoma can have serious consequences. Patients may face unnecessary surgical procedures, potentially leading to physical scarring and emotional distress. Delayed treatment due to misdiagnosis can allow the cancer to progress, making successful treatment more difficult and reducing survival rates. Additionally, misdiagnosed patients might not receive appropriate counseling and support, leading to a lack of necessary preventive measures, such as regular skin exams and sun protection.

A South Carolina 28-year-old hairstylist won a $1 million settlement (the doctor’s insurance policy limit) after a mole her doctor had told her was benign grew into stage 3B melanoma.

The woman went to her doctor, concerned about a mole on her calf. Her doctor performed a biopsy. The results showed that the mole was atypical and needed to be removed. “The pathologist did not judge the mole as cancerous, but recommended removing it as a conservative, precautionary measure.” (SCLawyersWeekly)

The doctor did not remove the mole, nor recommend her to a specialist. The patient says her doctor just told her it was benign.

“A little more than a year later, the patient returned to her doctor, again concerned about the mole. A second biopsy and examination revealed that the mole had progressed into a stage 3B melanoma.” (SCLawyersWeekly)

After this diagnosis, the doctor removed a tennis-ball-sized portion of the woman’s calf, along with lymph nodes from her pelvic region. She then had to undergo a course of interferon treatment. Her medical bills ended up being close to $120,000.

After the surgery and treatment, the patient was cancer-free. But “her oncologist estimated a 50% chance of her cancer recurring within five years.” (SCLawyersWeekly)

Strategies to Combat Misdiagnosis

To combat the misdiagnosis of melanoma, healthcare systems should focus on several key strategies:

  • Improving medical education and training for healthcare professionals regarding melanoma detection and diagnosis
  • Encouraging interdisciplinary collaboration among dermatologists, pathologists, and other specialists to enhance accuracy through comprehensive evaluations
  • Leveraging technology, such as advanced imaging techniques and computer-aided diagnosis systems

The misdiagnosis of melanoma poses significant challenges in the field of dermatology and impacts patient outcomes. Increased awareness, improved training, and the integration of technological advancements are critical steps toward minimizing misdiagnosis rates. By addressing this issue, we can strive to ensure that individuals at risk for melanoma receive timely and accurate diagnoses. This will allow for prompt treatment and better chances of successful outcomes.

Melanoma Risk Factors

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, 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!

Categories
Workers’ Compensation Lawyer

How to Calculate Workers’ Comp in South Carolina

How to calculate workers’ comp in South Carolina is dependent on three areas: the worker’s average weekly salary, the location of the injury, and the nature of the injury.

Suffering a serious injury on the job can be very stressful. You will probably have a lot on your mind as you try to figure out how you will pay for any treatment. Also, you will be wondering about how you will be able to pay your bills while you are out of work.

In all states across the US, there are laws that make many employers liable to compensate an employee for his/her injuries. These benefits vary from state to state. For example, the compensation you receive in SC for the loss of an arm will be different from the amount you would receive from a similar claim made in another state.

South Carolina Workers’ Compensation Act

According to the South Carolina Workers’ Compensation Act, if an employee gets hurt on the job, they may be entitled to compensation. This compensation can include payment of medical expenses, a weekly check when the doctor has written the employee out of work, and benefits for any permanent injury the employee suffers in an accident.

In South Carolina, if the employer falls under the Workers’ Compensation Act they (or their insurance company) will have the right to choose the treating doctor. They will also be responsible for paying all the medical bills related to your work injury. Additionally, other benefits and compensation are determined by taking different factors into consideration.

Lawyer for Workers’ Compensation?

The best way to figure out what benefits and compensation you may be entitled to (and to make sure your claim is filed properly), is to hire an experienced workers’ compensation attorney. Your lawyer should be able to help you understand the law, your rights, and the value of your case. After thoroughly reviewing all your injuries and the possible effects they will have on your life, your attorney should file a Form 50 with The South Carolina Workers’ Compensation Commission in Columbia. This will make sure your case is established with The Commission. It will also put your employer on notice that you were injured on the job and have made a claim.

The three areas you need to consider when figuring out the amount of compensation you may receive are:

  • the worker’s average weekly salary
  • the location of the injury
  • the nature of the injury

The Worker’s Average Weekly Salary

According to South Carolina Worker’s Compensation Law, your average weekly wage is the factor used to calculate the amount of compensation you will receive. To determine the average weekly wage, look at your gross weekly earnings before taxes for the last four quarters you worked – not including the quarter you got hurt in.

If your injuries cause the doctor to write you out of work, you should be eligible to receive two-thirds of your average weekly wage. However, if your average weekly wage is determined to be less than $75/week, you will most likely receive that amount.

Additionally, the Worker’s Compensation law in SC caps the amount of weekly compensation you can receive. If two-thirds of your weekly pay exceeds the cap, you will only receive the cap amount. According to the limits set for 2023, you cannot receive more than $1,035.78 per week. This is the maximum weekly compensation rate any injured worker in South Carolina can receive for injuries that happen on or after January 1, 2023. This is even if your average weekly wage happens to be a lot higher than this amount.

The Location of the Injury

The Workers’ Compensation Code of Laws in each state limits the amount and length of your compensation depending on which body part has been injured. For example, if you lose the use of a particular body part, your benefits will be covered for a limited amount of time.

Like in every other state, SC law has limits on how much an injured worker can recover. The South Carolina Code of Laws Title 42, Chapter 9 (Workers’ Compensation), contains a schedule of Compensation and Payment for disability. Below are some examples of coverage length from Section 42-9-30:

  • Loss of use of an index finger is covered for 40 weeks.
  • Loss of use of a thumb is covered for 65 weeks.
  • Loss of use of a hand is covered for 185 weeks.
  • Loss of an eye is covered for 140 weeks.
  • Complete loss of hearing in one ear is covered for 80 weeks along with The Commission providing the determination of proportional benefits based on national medical standards.
  • Loss of use of a hip is covered for 280 weeks.

Within the clauses in this section, you will also find the amount of benefits you will receive when you lose the use of, or lose a particular body part. Calculating your benefits under South Carolina law can be complicated. You’ll generally receive a certain percentage of your average weekly wage (2/3s). Then you need to figure out which body part(s) is/are injured and how badly.

This schedule and the specific body part(s) you injured will determine the amount of benefits, as well as the number of weeks you will receive benefits. In most cases involving permanent injury, the employee’s doctor gives an impairment rating. A lawyer can use this rating to begin negotiations for a settlement.

The Nature of the Injury

The nature of the injuries you suffered is the next detail you will need to take into consideration. You will need a doctor’s evaluation detailing the severity of the disability and the effects it will have on your ability to continue to work and move forward with your life. This will have a significant impact on your case. It will determine what added benefits and compensation you may be eligible to receive. As mentioned previously, the impairment rating assigned to your injuries will be a key factor in this process.

Impairment ratings, also called permanent disability ratings, are used to determine the severity of the damage that resulted from an injury. A scale published by the American Medical Association (AMA) is normally used by doctors as a guide to determine the level of permanent damage.

In the majority of cases, the doctor determines the impairment rating once the injured person has reached the maximum level of medical improvement and is released from treatment. The rating given is typically a percentage between 0 and 100.

If the physician gives an unfair rating (significantly lower than the AMA guide), you might consider getting a second opinion. Your attorney should be able to make an appointment for an Independent Medical Examination (IME) with an independent medical examiner who has no connection with the employer/insurer.

Remember that this rating can be an essential tool that can help your lawyer negotiate a higher settlement. So, make sure your impairment rating is accurate and represents the severity of your injuries correctly.

When Should You File Workers’ Comp?

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
Motor Vehicle Accidents

States with Worst Drivers –
South Carolina #10

States with worst drivers. Here are the top 10 per Forbes Advisor:

  1. Texas
  2. Louisiana
  3. Kansas
  4. Oklahoma
  5. Kentucky
  6. New Mexico
  7. Wyoming
  8. Arizona
  9. Montana
  10. South Carolina

The Palmetto State ranks 10th when it comes to the worst drivers in the United States. Forbes Advisor compared all 50 states and Washington D.C. to find which states have the worst drivers, using six key metrics: 

How many fatal accidents per 100,000 licensed drivers were caused by

  1. drowsy drivers
  2. drunk drivers
  3. distracted drivers
  4. drivers going the wrong way on a one-way road or driving on the wrong side of the road
  5. drivers who had disobeyed traffic signs and signals
  6. drivers who were looking at their phone

Each category comprised a certain percentage of each state’s overall score. Five of the categories counting for 18 percent; driving while looking at a phone was only 10 percent of the score. Based on those percentages, each state was given a score out of 100, with 100 being the worst driving possible (Forbes Advisor).

South Carolina Statistics

South Carolina has a score of 71.14 out of a hundred. Per 100,000 licensed drivers involved in fatal car accidents, 15.66 were driving drunk, 1.41 were distracted while driving, 0.64 were driving while drowsy, and 0.43 drivers were driving the wrong way on a one-way street (Forbes Advisor).

Unfortunately, fatal car accidents continue to rise in our state. In 2020, South Carolina had 1,066 traffic deaths. That number increased to 1,198 the next year. However, there was a slight decrease in traffic deaths in 2022, the number being 1,092 (The State). Nationwide, there has been an increase in traffic deaths over the past few years as well.

According to the 2020 Factbook released by the South Carolina Department of Public Safety, males accounted for 72 percent of drivers involved in fatal car crashes; females accounted for 24.7 percent.

Statistics on Young Drivers

Drivers between the ages of 15 and 24 account for one of the smallest demographics on the road in South Carolina. But, they account for an average of 1 out of 12 traffic collisions. South Carolina is 1 of 24 states that allow those who are 15 years of age to get their license. This is an interesting fact since the majority of the top 10 worst states for driving also allow 15 year olds, and in the case of Kansas, 14 year olds, to get their licenses (Driving Age By State).

Out-of-state drivers account for 12 percent of all traffic collisions in South Carolina. Of that 12 percent, 56.12 percent of those drivers are from North Carolina, Florida, and Georgia.

In the United States, getting a license is a rite of passage. However, as more and more drivers take to the roads, driving becomes an increasingly dangerous activity. It is often the fault of other drivers that cause fatal accidents.

With the above statistics, is it any wonder that South Carolina also has one of the most expensive annual costs for full coverage car insurance (Forbes Advisor)? It is important to stay alert on the road, and it’s always better to be safe than sorry. Good luck – Safe driving!

Rear end accident in South Carolina? Steps to take

Your Auto Accident Attorneys: The Law Offices of David L. Hood – Serving Car Accident Victims in South Carolina

If you have suffered a rear end accident in South Carolina, the legal team at The Law Offices of David L. Hood and co-counsel will help you navigate the situation professionally. We have years of experience in helping people involved in serious accidents figure out the legal requirements and details needed to move forward after an accident. After gathering all the necessary information, we will pour our efforts into building your case to get a fair settlement or take it to court if the need arises.

Our entire team has years of experience representing various clients and car accident victims in South Carolina. Having a passion to help, we offer a free initial consultation where we provide candid legal advice on what options you may have. If you choose to work with us, we promise a contingent-fee based case, where you don’t pay unless we get a recovery in your case.

Contact us online or call us at (843) 491-6025 to schedule your free, no-risk initial consultation with David L. Hood today.