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Medical Malpractice Lawyer

Surgical Safety Checklist
Ensuring Your Health Comes First

Surgical Safety Checklist
Surgeon and staff operating on a patient
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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?
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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
Someone parasailing over the ocean.
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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.

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Categories
Medical Malpractice Lawyer

Diagnostic Errors in Healthcare in the US

Diagnostic Errors in Healthcare
Physician inputting information into the computer.
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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

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Categories
Mesothelioma Attorney

Facts About Malignant Mesothelioma

Facts About Malignant Mesothelioma
Mesothelioma in Lungs
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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!

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Categories
Medical Malpractice Lawyer

Misdiagnosis of Melanoma,
A Growing Concern

Misdiagnosis of Melanoma
People in a boat enjoying the sun
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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!

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Categories
Workers’ Compensation Lawyer

How to Calculate Workers’ Comp in South Carolina

How to calculate workers' comp in South Carolina
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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!

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Categories
Motor Vehicle Accidents

States with Worst Drivers –
South Carolina #10

States with worst drivers
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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.

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Categories
Motor Vehicle Accidents

Rear End Accident in South Carolina? Steps to Take

Rear End accident in SC Steps to Take
Firefighters getting accident victims out of a wrecked car
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Rear end accident in South Carolina? We have put together a comprehensive list of steps you need to take after being rear-ended. These steps are easy to remember and will help if you decide to file a personal injury claim:

US Statistics

With over 228 million drivers in the United States, serious auto accidents happen every day. Whether it is in a rural area like Kingstree, SC, or a busy tourist area like Myrtle Beach, car accidents are one of the leading causes of death, injuries, and damage across the US. In 2020 alone, there were over 5 million car crashes with millions of injuries and deaths.

Out of these millions of auto accidents, rear-end crashes are one of the most frequently occurring types of accidents. In fact, according to a National Highway Traffic Safety Administration (NHTSA) report, almost 28 percent of car accidents are rear-end collisions that result in millions of cases of injuries and even fatalities. According to these statistics, over 1.4 million accidents are rear-end collisions across the USA every year, killing over 2,400 people.

SC Statistics

In South Carolina (according to the South Carolina Department of Public Safety), there were 1,091 people killed in motor vehicle accidents in 2022.

With these statistics, there is a good chance that at some point you may fall victim to a rear-end collision. Even if you drive carefully and keep your eyes glued to the road, accidents can happen through no fault of your own. Even a minor accident can leave you feeling a bit shaken and possibly angry. The sudden shock, pain and intense anger can sometimes cause you to make rash decisions. No matter how upset you are, it is in your best interest to remain level-headed.

Do yourself a favor and stay calm. Wait for authorities to arrive. Keeping calm will allow you to accurately tell police, the insurance company and your attorney what happened. This is crucial because accurate information will be needed to file a claim, and for you to receive compensation for any injuries and/or car damage.

It is irrational to assume that you will be in the state of mind to know what to do immediately after an accident. Give yourself some time. There’s no need to search for your phone and begin researching right then and there.

Here are the steps to take after a rear end accident in South Carolina:

Car accident injury – check for injuries

Your health and safety should be your immediate concern after your car has been rear-ended. You might think that rear-end collisions don’t normally cause serious injuries. But it is always better to be safe than sorry. Even if you feel uninjured or have only minor injuries, it’s best to seek medical help immediately.

In many instances, a sudden shock like an accident can push your body into over-driv. You might experience a surge of adrenaline that can mask your symptoms. But after your body adjusts to the shock, you may suddenly start feeling aches and pains. Whiplash is one of the most common repercussions of a rear-end collision and can cause back or neck injuries.

If you have passengers or pets in your car, check to make sure they are not injured. Also, check to be sure no one in the other car is injured. If someone in either car has suffered an injury, call 911 immediately.

Should I call the police if I get rear-ended?

Yes. If there are no injuries, you should contact the non-emergency line of the police department and have an officer come to the scene of the accident. While you are waiting for the police to arrive, make sure that you don’t touch anything or remove anything from the crash site. The other car’s position and other external factors (like trees, stoplights, intersections, etc.) can prove to be important evidence. So stay where you are until the police arrive.

Having a police officer at the site will make it easy for you to file an official report. This is crucial to have when you file your insurance claim. The official report will validate the claim. Also, having a police officer there will prevent fights and keep everyone under control.

While you wait for the police to check the scene and look for evidence to write their report, you should gather and document information of the rear-end collision. Walk around the site where the cars collided and take pictures with your cell phone. But only do this if it’s safe to do so. These photos can be used as proof and are vital if you are forced to file a personal injury claim.

What do you exchange in a car accident?

Also, take a few notes from the site including the full name, license number, insurance information and contact details of the other driver who hit you. Talk to some eye-witnesses and ask them if they can provide their contact information if the need arises for you to contact them.

After you have gone over the accident site, take note of, and pictures of bodily injuries if you suffered any. Keep a record of all prescriptions, reports, and/or bills related to any injuries caused by the accident. This will help your attorney build your case.

Do I have to notify insurance company of accident?

If you have any bodily injuries or your car suffers any damage, make a call to your auto insurance company and notify them of the accident. They will need exact information about the collision so they can get a statement from the driver who rear-ended your car.

At the same time, if you receive a call from the other driver’s insurance company asking you for a statement, avoid talking to them until you talk to your attorney. You should know that you are under no obligation to speak to them. It is better to say nothing and wait to talk to your attorney. Otherwise, you may say something that may hurt your case, and that could be held against you in the proceedings.

Find the best car accident attorney near you!

The last and most important step you will need to take is to call your attorney. You need someone on your side to deal with the insurers, medical claims, etc. Simply get in touch with a trustworthy lawyer and avoid speaking to anyone until that time. Remain calm and wait for your attorney to give you advice on the best way to handle your case.

Rear end accident in South Carolina? Steps to take

Best 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.

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Categories
Personal Injury Attorney

Bicycle and Pedestrian Safety is a Problem in South Carolina

Bicycle and Pedestrian Safety a problem in South Carolina
A car, a bicyclist and a few pedestrians on a road.
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Bicycle and pedestrian safety is a problem in South Carolina.

Pedestrian fatality statistics in SC

In 2020, South Carolina was second in the nation for walking fatalities per 100,000 population. According to the South Carolina Department of Transportation (SCDOT), there were 187 pedestrian deaths that year. These pedestrian fatalities comprised 18% of the total traffic fatalities statewide. The pedestrian fatality rate in South Carolina is 3.58. That’s slightly better than New Mexico’s worst rate of 3.75. But the national average is only 1.98.

As the 23rd most populated state in the United States, people are beginning to look critically at why our rate of pedestrian deaths is so high compared to other states (National Highway Traffic Safety Administration). There are concerns that the ever-growing number of pedestrian deaths in the state is due to the booming  population. That fact, along with the millions of tourists who visit every year, could be the root of the problems.

Cyclist fatality statistics in SC

In 2020 alone, there were 14 reported bicyclist fatalities caused by motor vehicle traffic collisions.

Because SC has fairly nice weather all year long, cycling is a popular hobby among our residents and visitors. However, South Carolina is one of the worst rated states when it comes to cyclist and driver relationships. Rated at 5.1/10, the Palmetto state is the third worst state in the country for driver-cyclist relationships according to a survey taken by 3,000 cyclists. In fact, South Carolina scored better than only New Hampshire and Kansas (The State).

Roads with no bike lanes or shoulders for cyclists to ride are common. And with more drivers on the road from all over the state, accidents are all too common. In addition, people usually drive faster on South Carolina’s rural roads which tend to be narrower than urban streets, have blind corners and hills, and plenty of other obstacles that might prevent a driver from seeing a cyclist in time.

Laws Regarding Bicycles

As it stands now, the laws regarding driver conduct towards cyclists are very vague. There is no set distance that a car must keep between it and a cyclist. But drivers are instructed to exercise due care when it comes to interacting with cyclists on the road. However, what that means is not laid out, as well as how harassment against cyclists is defined (SC Code of Laws). This might be why it’s so easy for conflicts to come up between cyclists and drivers.

SC Pedestrian and Bicycle Safety Action Plan

As public outcry for better accommodations for cyclists continues, the SCDOT has at least released a new plan to combat the number of pedestrian fatalities in the state. There are several steps that the department wants to put in place. First, adding to existing roads to make them accessible to all modes of transportation. They have also acknowledged that many accidents are caused by an ignorance of existing road laws. So they plan to educate drivers and pedestrians more fully on how to remain safe on the road. Finally, they hope to increase access to public transportation, especially in rural areas (SC Pedestrian and Bicycle Safety Action Plan).

Hopefully, these changes can be implemented quickly, as the population and tourism grows. As accidents between cyclists and drivers, and walkers and drivers become a more discussed topic, there is hope that everyone will be more aware of their surroundings on the road. Be safe out there!

Personal Injury Attorney David L. Hood: Here to Fight for Injury Victims in Georgetown and Horry Counties and Throughout South Carolina

Here at the The Law Offices of David L. Hood, we have years of experience representing injured victims in South Carolina, and 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, which 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 through no fault of your own, contact The Law Offices of David L. Hood at (843) 491-6025 or fill out our online contact form and we’ll get in touch to schedule your free consultation. We know accidents 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.

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Categories
Wrongful Death Attorney

SCDC Inmates Die at High Rate

SCDC Inmates Die at High Rate
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SCDC (South Carolina Department of Corrections) inmates die at a high rate compared with other states.

SCDC Inmate Deaths

A research group at the University of South Carolina School of Law recently compiled a report on deaths in “prisons, jails, and detention centers across South Carolina.” The January of 2023 report, “SC Deaths Behind Bars” found that between 2015 and 2021, at least 777 SC prisoners died while in custody.

Nearly 800 South Carolina inmates died, with some counties contributing more to that number than others. For example, Richland County was the site for 301 deaths, higher than any other SC county. Of those 301 deaths, 160 occurred at the Kirkland Correctional Institution and 101 occurred at the Broad River Correctional Institute. Both are state-run facilities, and both are among the largest institutions in the state (The State).

The Alvin S. Glenn Detention Center, also in Richland County, had eleven deaths occur during the 6-year period examined by this report. The Center is currently being scrutinized for routinely violating state standards as four more people have died from February of 2022 to January of 2023. Since these deaths took place after 2021, they were not included in the initial report.

In February of 2022, 27-year-old Lason Butler was found dead of dehydration, and several rat bites were found on his body. However the Richland County Coroner deemed his death a homicide.

Three more deaths occurred between December of 2022 and January of 2023, two of which, the deaths of James Mitchell and Demond Thompson, have not had their causes released to the public. The last, the death of Antonius Randolph, has been ruled a murder. Five other prisoners have been charged in his killing (The State).

How does SC compare to other states?

SCDC inmates die at a high rate compared with other states in the U.S.

An April 2021 report by the U.S. Department of Justice’s Bureau of Justice Statistics (BJS) covered mortality in state and federal prisons between 2001 and 2018.

In the report, the states with the highest prisoner mortality were:

  • Louisiana (766 per 100,000 prisoners)
  • Tennessee (619/100,000)
  • South Carolina (619/100,000)
  • Alabama (588/100,000)
  • West Virginia (583/100,000)
  • Mississippi (572/100,000) (PrisonLegalNews.org)

Causes of mortality in correctional institutions in SC

Of the 777 SCDC inmate deaths analyzed in this report, 500 deaths were attributed to medical reasons, and almost 90 were caused by suicide.

While deaths between White and Black prisoners were evenly split, White inmates were far more likely to die from drug-related incidents and suicide, while Black inmates died mostly from violence in the facilities.

Almost 94 % of the 777 deaths were among men, which follows the trend of 93% of people incarcerated after conviction in South Carolina being males.

While only 14% of those held in state prisons are 55 and older, more than 60% of the deaths cited by the report were among people older than 50 years of age (The State).

Staff shortages in SCDC prisons

In 2023, the main contributor to inmate deaths according to SCDC and Assistant U.S. Attorney is staffing problems. In the most recent inspection of the Alvin S. Glenn Detention Center, 124 positions were vacant. Some prisons have elected to make up this staffing shortfall by hiring private security firms. However, those employees are still very limited in what they can do.

Mental health in prisons

In addition, 30 to 40% of inmates in SC have mental illness. But those who are employed by these facilities usually lack proper training in how to deal with the mental health needs of their inmates. In fact, a suit was filed against a Richland County jail on behalf of Disability Rights South Carolina for what they deem to be dangerous and inhumane conditions and inadequate support for people with mental illnesses (The State).

Prison Population Statistics in the US

As of 2021, the United States has the highest incarceration rate in the world. Not only that, but every U.S. state incarcerates more people per capita than most independent democracies worldwide.

Prison Population Statistics in SC

South Carolina is in the top 25 for highest incarceration rates among the states with an average of 678 prisoners per capita. That’s 14 people higher than the total U.S. average. This is caused by imprisonment being the default punishment for crime, with 70% of convictions resulting in confinement. This rate is much higher than other developed nations with similar crime rates, including violent crimes (Prison Policy).

At the end of fiscal year 2021/22 (June 30, 2022), the SCDC had a total of just under 16,000 inmates across 21 facilities in the state. (SCDC FAQ’s)

Mortality in correctional institutions in the US

“The U.S. has seen a significant, continual increase in deaths in prisons over the past two decades.” (UCLA Law)

The April 2021 BJS report showed that, “In 2018, the number of deaths (4,135 prisoners) and the mortality rate (344 deaths per 100,000 prisoners) in state prisons were the highest since the Bureau of Justice Statistics (BJS) began collecting mortality data from state prisons in 2001.”(bjs.ojp.gov)

By encouraging incarceration transparency with the University of South Carolina School of Law report, many hope that positive changes, such as better conditions and more humane policies, will be made to South Carolina prisons.

Richland County looks to improve Alvin S. Glenn Detention Center

For a Free Wrongful Death Consultation, Contact the Law Offices of David L. Hood

If someone you care about has died due to someone else’s 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 wrongful death. 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, Wrongful Death 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 our 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.

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