Author: davidlhood

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Product Defects

The Consumer Product Safety Commission – Pushing for Change

Consumer Safety Commission - Pushing for Changes
The word "Defective" spelled out in a playroom
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The Consumer Product Safety Commission

The Consumer Product Safety Commission (CPSC) “is an independent federal regulatory agency that was created in 1972 by Congress in the Consumer Product Safety Act … to protect the public against unreasonable risks of injuries and deaths associated with consumer products.” (CPSC.gov)

CPSC Recalls

Recalling products that are already on the market is a long, complicated process that can put more consumers than necessary at risk. Unless a company comes forward and alerts the CPSC that their product is defective or dangerous, the CPSC must abide by a regulation referred to as 6(b). That could change if Congress supports a rule update put forward by the CPSC.

Product Recall Procedures

Regulation 6(b) requires the CPSC to give the product manufacturer at least 15 days to make a statement to the public before revealing the name of the product. However, waiting 15 days after notifying the responsible company gives the company enough time to prevent the CPSC from revealing the dangerous product by filing a lawsuit (USA Today). Unfortunately, this recent push to change the law to allow the CPSC to act immediately is not the first.

In 2021, the Sunshine in Product Safety Act was introduced to Congress. Its goal was to repeal 6(b). This would immediately allow the CPSC to disclose information about a defective product and reveal the product’s manufacturer (Congress.gov). The Sunshine in Product Safety Act has not seen much discussion since its introduction. Therefore, the rules that the CPSC must follow remain unchanged since their adoption in 1983 (USA Today). While the product is allowed to remain on the market, consumers are unaware that they could be buying and using something that’s hazardous.

Even after an initial recall, it can take time to remove the dangerous products from shelves. Some of the products have already been bought and brought into the homes of consumers. The earlier a warning the public has, the better for everyone’s safety. One can only hope that Congress grants this rule change before more preventable injuries occur.

Some examples of dangerous products that took too long to be recalled:

  • EzriCare and Delsam Pharma lubricant eye drops
  • Fisher Price Rock N Play Sleeper
  • Peloton treadmill.

EzriCare and Delsam Pharma Lubricant Eye Drops

There was a large recall of lubricant eye drops manufactured by EzriCare and Delsam Pharma in February, 2023.

Pseudomonas Aeruginosa in Eye Drops

Some of the recalled eye drops contained a drug-resistant bacteria called Pseudomonas aeruginosa. This bacteria caused infections in 55 people across 12 states. According to Buzzfeed News, “at least five people who used the drops had permanent vision loss as a result of cornea infections, and one person died when the infection spread into their bloodstream” (Buzzfeed News).

Despite knowing about the dangerous product since May of 2022, the Center for Disease Control (CDC) only released a health alert. The products were only recalled on February 1, 2023 (CDC).

Contaminated Eye Drops

Over the course of nine months, 55 people were infected by these contaminated eye drops while the CDC gathered information about which brand victims had used (CDC). If the CPSC was allowed to warn the public earlier about the dangers of using these eye drops, perhaps some of these dangerous infections could have been prevented.

Symptoms of Pseudomonas aeruginosa

Symptoms associated with this bacteria:

  • Discharge from the eye
  • Blurry vision
  • Increased sensitivity to light
  • Redness of the eye or eyelid
  • Eye pain or discomfort
  • The feeling of something in the eye

Some patients also experienced inflammation of the cornea, infection of the tissues and fluids in the eye, respiratory infection, urinary tract infection, and sepsis (Buzzfeed News).

The Fisher Price Rock n Play Sleeper

Before the recall finally took place on April 12, 2019, more than 30 infants had died “after the infants rolled from their back to their stomach or side while unrestrained, or under other circumstances.” (Service.Mattel.com)

The Peloton Treadmill

Before Peloton notified CPSC, a child had died, and “several consumers reported broken bones, lacerations, friction burns and pets…getting pulled under the treadmill.” (USAToday.com)

Entrapments reportedly took place between December 2018 and 2019. However, the recall did not actually take place until May 5, 2021.

You can sign up to receive recall alerts from the Consumer Product Safety Commission by visiting their website.

Video: CPSC Under Fire After Rock ‘N Play Infant Deaths

Contact David L. Hood, your South Carolina defective product attorney

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

We know how difficult it can be to deal with the effects of product defect-related injuries and the untold pain and suffering they cause. At The Law Offices of David L. Hood, we work hard to protect your rights and make things simple for you and your family so you can focus on healing. After a free case evaluation, if we think we can help you and your family, attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!

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

Other online resources used in this article:

https://www.wistv.com/2023/02/09/defective-new-report-product-recalls-reinforces-that-flawed-federal-law-has-led-unnecessary-injuries/

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Categories
Wrongful Death Attorney

Death By Negligence

Death By Negligence
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Death by negligence is behind most unintentional injury deaths in the United States. Per the US Centers for Disease Control and Prevention (CDC), the number 4 cause of death in the US is unintentional injuries. Over 200,000 deaths in the US are caused by accidents.

What is Wrongful Death?

South Carolina defines wrongful death as being caused by neglect, a wrongful act, or default of another.

Wrongful death can be caused by a number of different things, such as the medical malpractice seen in the Dreckman case and the negligence-based incident in the Rodrigez-Sane case.

Wrongful Death Due to Medical Negligence

After the death of Michael Dreckman in September of 2021, his family has filed a wrongful death suit against Mercy Medical Center in Sioux City, Iowa. The family claims that it was medical negligence that led to Dreckman’s death. Dreckman, age 65, was admitted to the hospital for acute coronary syndrome (SiouxlandProud.com).

What is Acute Coronary Syndrome?

Acute coronary syndrome is an umbrella term that covers all conditions in which there is a lack of blood flow to the heart and is considered a medical emergency (American Heart Association). 

Dreckman underwent surgery five days after his initial admittance, and the surgery seemed successful for two days. However, on the third day after the surgery, his heart began to beat rapidly.

The staff administered three doses of amiodarone over the course of three and a half hours while also hooking Dreckman up to an intravenous drip of amiodarone (SiouxlandProud.com).

What is Amiodarone?

Amiodarone is a drug used to relax the heart muscles and to prevent serious arrhythmic heart conditions.

The large amount of amiodarone that the staff of Mercy Medical Center gave Dreckman was toxic (National Library of Medicine).

Though Dreckman’s heart rate was being monitored, the staff did not respond to Dreckman’s dangerously slow heartbeats. It wasn’t until his wife and daughter visited him and found him gray and unresponsive that the staff attempted to save Dreckman.

After chest compressions, the administration of epinephrine, bicarbonate, and calcium, a shock attempt, and cutting open his chest, Dreckman was pronounced dead (SiouxlandProud.com).

The family filed their suit in January of 2023 citing the toxic dose of amiodarone, failure to monitor Dreckman’s vital signs, and more as the cause for his wrongful death.

Death by Negligence

Another family in Orlando, Florida is suing the North Orlando Rowing Club and U.S. Rowing Association after Langston Rodriguez-Sane’s wrongful death after rowing practice.

Rodriguez-Sane, age 12, was a beginner at rowing. The coaches failed to supervise him and his partner after sending them out onto Lake Fairview in a rainstorm. Rodriguez-Sane and another 12-year-old boy drowned after their boat capsized in the lightning storm that their coaches failed to detect or call them back from (WESH 2).

The rowing club had no weather detection system in place or adequate resuscitation equipment available. When Rodriguez-Sane was brought back to the boat house, unconscious, the defibrillator used on him was either inoperable or defective.

Who can bring a wrongful death suit?

If the person who died had a will, then the personal representative of the estate files the lawsuit.

In South Carolina, if there’s no will, the court can name a personal representative who can bring a case for the benefit of the deceased family members. A case may be brought on behalf of the spouse (if there are no children) or the spouse and children, if there’s a wife and kids. If there is no wife or kids, the action would be on the parents’ behalf. If there are no parents, the heirs of the deceased would be the ones bringing the lawsuit.

Also, see our blog How to File a Wrongful Death Lawsuit

Wrongful Death Statute of Limitations in South Carolina

The Dreckman family waited a little over a year to file their claim. There is a statute of limitations on wrongful death cases here in South Carolina. The case must be filed within two to three years of the person’s death.

The law can change at any time, so it’s a good idea to contact a personal injury lawyer soon after a wrongful death accident to ensure that there is justice for the deceased.

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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Categories
Motor Vehicle Accidents

Injured by a Drunk Driver?

Injured by a drunk driver
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Injured by a drunk driver?

Drunk driving deaths per year

About one-third of all traffic fatalities in South Carolina involve a drunk driver. This is one of the highest rates in the nation. If you or a loved one suffered injuries because of a drunk driver’s negligence, you might be eligible for compensation for your medical bills and other costs. Learn more about the problem of drunk driving and how to proceed with a drunk-driving related auto accident claim below.

Why is drunk driving dangerous?

Alcohol impairs both your decision-making skills and your physical coordination and reflexes. This is the case even if you’re below the legal blood alcohol concentration (BAC) limit of 0.08. According to the U.S. Centers for Disease Control and Prevention (CDC), two alcoholic drinks can cause decreased visual function, problems multi-tasking, and poor judgment.

Blood Alcohol Concentration

If you’re a male of average height and weight, drinking about three alcoholic drinks in an hour will give you a BAC of 0.05. 0.05 is below the legal BAC limit. However, a 0.05 BAC is still enough to impair coordination, decrease your visual tracking abilities, and slow your reaction time by about a tenth of a second.

This might sound minor. But if you’re driving at 70 mph with a 0.05 BAC, it means you’ll travel about one extra car length before responding to a hazard. Based on this information, the National Transportation Safety Board (NTSB) suggested in 2013 that the U.S. impose a 0.05 BAC limit instead of the current 0.08.

Studies have also shown that drivers who have a 0.08 BAC have relatively poor concentration, difficulties with perception and self-control, decreased motor skills, and blurred vision. They also typically struggle to control the speed of their car and to make good driving decisions.

Now, imagine a drunk driver on vacation. They’re trying to follow directions in an unfamiliar location, perhaps fiddling with the maps app on their phone, and they also can’t properly steer, see, or make decisions. Under these circumstances, one error can easily lead to catastrophic results for a driver, passenger, or pedestrian.

Types of Lawsuits

If you’ve been hit and injured by a drunk driver, you might have multiple lawsuits and claims depending on the circumstances surrounding your crash. These claims could include:

Liability claims against the driver: There’s a good chance you have a claim against the at-fault driver (or drivers) who caused the crash and their insurance companies.

Uninsured/underinsured motorist claims: Your personal uninsured/underinsured motorist (UM/UIM) coverage might cover some of your losses if the drunk driver doesn’t have insurance or if they have minimal insurance coverage.

Personal injury protection (PIP) claims: If you have a PIP policy, it might help cover some of your lost wages and medical expenses, regardless of who was at fault for the crash.

Dram shop claims against a bar, restaurant, or liquor store: If a bar or restaurant overserved the drunk driver or sold alcohol to a minor driver, you might have a negligence claim against the business.

Dram Shops

“The term dram shop is used to describe a tavern, bar, restaurant, or other commercial establishment that serves alcoholic beverages. It was used to refer to establishments where spirits were sold by the spoonful or a dram, a unit of liquid measurement.” (alcohol.org)

What is a dram shop case?

Dram shop laws originated in the United States during the 19th century.

A “dram shop case occurs when the intoxicated person causes injury or” death to a third party after the dram shop has sold beer or wine to them under one of the following conditions: the person was under the age of twenty-one, or was already intoxicated. That third party may then bring a lawsuit against not only the intoxicated person, but also against the commercial establishment that sold the alcohol to the intoxicated person or minor.

Although there is no specific dram shop statute in the Palmetto State, the state does recognize dram shop claims. SC law Section 61-4-580 states: “No holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permittee may knowingly commit any of the following acts upon the licensed premises covered by the holder’s permit: sell beer or wine to a person under twenty-one years of age; sell beer or wine to an intoxicated person.” (scstatehouse.gov)

Proving a dram shop claim can be tricky. That’s why it’s important to contact a lawyer who can help. You must prove that the restaurant or bar KNOWINGLY served alcohol to a minor or someone who was already visibly intoxicated, AND that your injuries were a direct cause of that patron’s intoxication.

What is the statute of limitations for a dram shop case?

Like other personal injury cases in SC, the statute of limitations on a dram shop case is usually three years. This means you have up to three years from the date of the accident to file a case.

In SC, businesses who sell on premises drinking alcohol are required by law to have a $1,000,000 liability policy.

Every drunk driving claim is unique. So it’s impossible to generalize about your case without knowing all of the facts and circumstances. If you have questions about your potential claims, call us at (843) 491-6025.

Injured by a drunk driver? Steps to take:

In the aftermath of a drunk driving wreck, it’s understandably hard to think clearly. Your focus is on your safety, getting medical attention, and calling law enforcement. If you didn’t think to take pictures or identify witnesses, don’t panic. An experienced SC car accident and personal injury lawyer can investigate the crash that injured you and help collect evidence for your claim.

After the accident, you’ll typically have to file a series of insurance claims. The insurance adjuster might want to interview you alone and might discourage you from hiring a personal injury lawyer.  It’s not in your best interest to make statements or negotiate a settlement without help from an attorney. Instead, you should contact an experienced motor vehicle accident lawyer right away for help.

Motor Vehicle Accident Attorney David L. Hood: Fighting for Victims of Drunk Driving and Personal Injury in South Carolina

If you or a loved one suffered injuries in a serious drunk driving crash or other type of auto accident in South Carolina, contact The Law Office of David L. Hood for help right away. We have served South Carolina accident victims for over 30 years by standing up to insurance companies, demanding fair compensation, and helping our clients rebuild their lives. Contact us online or call us at (843) 491-6025 to schedule your free, no-risk initial consultation with David L. Hood today.

Other online references used in this article:

https://healthblog.uofmhealth.org/wellness-prevention/how-alcohol-impairs-your-ability-to-drive

*The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Categories
Product Defects

Are Hair Relaxers Dangerous?

Are hair relaxers dangerous?
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Are hair relaxers dangerous? Hair relaxers can cause chemical burns if there is contact with skin. Also, research has shown that women who use relaxers frequently are more likely to develop uterine cancer.

What is a hair relaxer?

Hair relaxing is the process by which the natural, curly structure of one’s hair is chemically altered. This makes it easier to straighten. Relaxer creams and lotions do so by applying controlled damage to the protein structure of the hair shaft. This can lead to brittleness and breakage if not done properly.

Hair relaxers can be applied by a professional or at home with a relaxer kit. This process must be redone every 8 to 11 weeks to maintain the straight appearance.

Are hair relaxers dangerous?

Hair relaxers are not without their risks. If they come into contact with skin such as the scalp, they can cause chemical burns.

More dangers of hair relaxers

Another more pressing risk in recent years: frequent use of hair relaxer has been linked to an increased risk of developing uterine cancer.

Cancer causing chemicals

During an 11-year study called the Sister Study, 33,497 American women ages 35-74 were observed to identify risk factors for breast cancer and other conditions. Each woman who participated in the study had a sister who had been diagnosed with breast cancer. Their shared genes, environment, and experience made it easier for doctors to identify risk factors (Sister Study). This study was conducted by the National Institute of Environmental Health Sciences (NIEHS) which is a part of the National Institutes of Health (NIH). During this experiment, 378 women were diagnosed with uterine cancer (NIH).

Frequent use of hair relaxers

Women in the Sister Study who used relaxers more than four times a year were more than twice as likely to develop uterine cancer later on. While uterine cancer is a relatively rare cancer, those who never use relaxers have a 1.64% chance of developing it. The rate jumps to 4.05% for those who use relaxers frequently.

Unfortunately, 60% of women who reported using relaxers in this study were Black women. While the rate of uterine cancer does not differ based on race, the greater prevalence of use of hair relaxers by Black women, especially starting at a young age, may lead to greater adverse health effects in Black women (NIH).

FDA regulation?

Unfortunately, cosmetic products are not strictly regulated by the Food and Drug Administration (FDA). Cosmetic products, other than color additives, and their ingredients are not required to receive FDA approval before going on the market.

Some items that fall under the umbrella of a cosmetic product:

  • skin moisturizers
  • perfumes
  • lipsticks
  • fingernail polishes,
  • eye makeup
  • facial makeup
  • cleansing shampoos
  • permanent waves
  • hair colors
  • deodorants (FDA)

Of course, hair relaxers are included in this list of cosmetic products. A manufacturer can use any ingredient they like in their product as long as it isn’t explicitly banned by the FDA and is properly labeled on their product.

This poses a problem when it comes to hair relaxers because they are easily absorbed into the body through the chemical burns they leave on the skin and scalp. This causes those who use them frequently to be much more at risk for exposure to carcinogens (NIH).

While cutting hair relaxers from your beauty routine may not completely reduce the likelihood of developing cancer, it is something to consider. It is important to be critical of what products go on our bodies so that we can be as safe and healthy as possible.

Chemical hair straighteners linked to uterine cancer, study finds

Injured by defective product?

Contact David L. Hood, your South Carolina defective product attorney

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

We know how difficult it can be to deal with the effects of product defect-related injuries and the untold pain and suffering they cause. At The Law Offices of David L. Hood, we work hard to protect your rights and make things simple for you and your family so you can focus on healing. After a free case evaluation, if we think we can help you and your family, attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!

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

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Categories
Motor Vehicle Accidents

Insurance Company Bluff

Insurance Company Bluff
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Insurance company bluff? Don’t fall for it.

If you’ve suffered injuries in an auto accident, you can bet that you’ll get a call from an insurance adjuster sooner rather than later. The adjuster might act like your friend, but they’re doing a job. That job is to make your claim disappear and pay you as little as possible. 

The insurance adjuster and their employer have a major advantage going into this situation. They understand how injury claims work and exactly what they need to do to help their case — and hurt yours. Meanwhile, most victims believe the insurance company is just trying to get to the bottom of things and pay claims fairly. So they go along with what the insurance adjuster tells them.

Unfortunately, this often results in hurting your personal injury case and letting the insurance company get away with paying you far too little. To even the playing field and deal with the insurance company after a crash, you’ll need to know about and anticipate the tricks and tactics that insurance companies like to use. To help, we’ve compiled a list of the most common insurance company bluffs.

Insurance Recorded Statement

The first thing that the insurance company will usually ask you to do after an auto accident is give them a recorded statement. When the insurance adjuster approaches you, he or she will probably seem very polite, helpful, and friendly. However, when they ask whether you’ll give them a statement, keep in mind:

No matter what they say, the insurance company and its employees are not your friends. They’re in business, and they want to make a profit. Their goal is to make your case go away while paying you as little money as possible.

Anything you say to the insurance company now can be used against you later if you try to file a personal injury claim and get fair compensation for your injuries.

It’s perfectly legal to say “no” when the insurance company asks you for a statement after a vehicle crash.

There is a way to fight back against this tactic: don’t talk to an insurance adjuster until you’ve called a lawyer first. After they’ve met you and learned about the details of your case, your lawyer can advise you about how to handle calls from the insurance company; or your lawyer may be able to handle them for you.

Do I need a lawyer?

As we already mentioned, the insurance company and its employees will try to act like they’re simply out to help you and give you guidance during a challenging time. In return, they’ll say that all they want from you is the truth.

This is rarely the case. A good lawyer will tell you this, which is why the insurance company may encourage you to not call one. They might say that a lawyer will cost you lots of money and make everything more complicated.

In fact, a good lawyer WILL make things complicated, for the insurance company! The company has a tried-and-true plan in place that they use to deny victims fair compensation. As soon as you pick up the phone and call a lawyer, their plan goes out the window. This is exactly why they don’t want you to (and exactly why you should).

A lawyer who has successfully handled many car accident cases should be familiar with all these insurance company tricks and more. And they should know exactly how to respond to them.

Rather than let the insurance company’s games get the best of you, contact an experienced and dedicated personal injury lawyer. This attorney can guide you through the process and deal with the insurance company while you focus on your recovery.

Should I settle with insurance?

If you’ve suffered a serious injury, medical bills are probably piling up quickly. You may not be able to work. With no money coming in and a long recovery ahead, financial stress can build fast.

The insurance company knows all of this. They know that it’s the perfect time to try and get you to settle your claim for the bare minimum. Not only are you in pain, stressed out, and still reeling from the accident, but you’ve barely started your recovery yet. The full extent of your injuries is still unknown. You may experience expensive complications later, and you might require additional surgeries and other medical treatment.

All of this could be expensive for the insurance company. This is why they want you to sign a release and take a settlement offer right away. If they succeed and get you to do this, you’ll never be able to pursue additional compensation for your injuries again, even if your condition gets worse later or your recovery takes longer than expected and you end up facing significant medical debt.

This is why you should never accept a settlement offer without talking to a lawyer first. An experienced attorney should have handled cases like yours before. They should be able to evaluate any settlement offer to tell you whether it will really address all the long-term costs and complications you might face after a crash.

Should I settle with insurance?

Insurance company denying liability

If getting you to trust them doesn’t work, the insurance company will most likely start becoming hostile toward you. They may try to say that the crash was your fault, or, if the other driver caused the crash beyond all doubt, they may claim that you were also partially to blame in some way.

You should keep two things in mind if the insurance company starts trying to shift the blame onto you. First, never trust the insurance company’s assessment of fault since they’re out to serve their own best interests, not yours. Second, even if you did bear some degree of blame for the accident, it doesn’t mean you aren’t eligible for compensation.

In South Carolina, the amount of money a jury can award from a personal injury claim is proportional to how much the defendant was at fault, as long as the defendant was mostly at fault (over 50 percent). So, if the court determines that the person who injured you was 80% responsible for the crash, you could still receive 80% of the total damages that resulted from the accident (including your medical bills, lost wages, and more).

Insurance company stall tactics

If the insurance company can’t dismiss your injuries, they may grab onto anything they can find from your medical records and try to claim instead that your injuries existed before the crash. If you had an old sports injury, for example, the insurance company might try to argue that your new injuries are just a reappearance of that old injury (no matter how unrelated the injuries and how ridiculous the argument might seem).

Fortunately, even if you did have a pre-existing condition, it doesn’t mean that you don’t have a case. If your accident aggravated an injury or other condition that you already had, South Carolina law says that you can still recover damages that reflect how much the accident made your condition worse.

Insurance companies have a responsibility to process claims in a timely fashion. But some unethical companies still use stalling tactics to try and make victims give up on their claims.

The insurance adjuster in your case might use various excuses to explain why there’s no progress on your claim. They might say things like:

  • The investigation is still ongoing.
  • We need to confirm your coverage.
  • We need more information from you.

They might even avoid your calls or assign you to a different adjuster who says they have to start the process all over.

Final Offer

Often, the insurance company will combine never-ending delays with offering you fast cash (a final offer). As your claim drags on and you don’t see much progress, they’re hoping you’ll get frustrated, feel hopeless, and just take their offer out of desperation. If you do, however, you’ll most likely regret it later.

RELATED: The “Final Offer”: A Common Insurance Company Bluff

Motor Vehicle Accident Attorney in South Carolina – The Law Offices of David L. Hood will fight for you!

If the insurance company isn’t treating your claim fairly, don’t let their unfair tactics get you down. Instead, call Attorney David L. Hood for help. David L. Hood has successfully represented many car accident victims. He knows exactly how to deal with the insurance company after a crash, so they understand that your claim needs to be taken seriously.

To get a no-risk assessment of your case right away, contact The Law Offices of David L. Hood at (843) 491-6025 or fill out our online contact form. We’ll get in touch to schedule your free initial consultation. We handle all car accident cases on a contingent fee basis, which means you’ll only pay attorney’s fees if we get you a settlement or win your case in court. *

*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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Categories
Medical Malpractice Lawyer

Prostate Cancer and Ethnicity

Prostate Cancer and Ethnicity
A doctor with a stethoscope, listening to a patient's heart
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Prostate cancer and ethnicity – is there a link?

Black men are more likely to develop prostate cancer, especially those of Caribbean ancestry, with 1 in 4 being diagnosed with it every year. (Post and Courier)

“Overall, Black men are 1.7 times more likely to be diagnosed with—and 2.1 times more likely to die from—prostate cancer than white men. Black men are also slightly more likely than white men to be diagnosed with advanced disease.”(ZeroCancer.org)

There is no clear reason for this link between prostate cancer and ethnicity.

Prostate Cancer Statistics in South Carolina

In South Carolina, black men are twice as likely to die from prostate cancer than white men (Post and Courier).

While the exact numbers vary across the state, rates of prostate cancer in black men in SC are 73% higher than their white counterparts. In Charleston and Columbia, the rate of prostate cancer is 50% higher for black men than white men, and in Greenville, it is 87% higher. The death rates vary a bit more. In Charleston, the rate is 62% higher. In Columbia, it is 90% higher, and in Greenville, it is 240% higher (Post and Courier).

What is the prostate?

The prostate is a small gland, part of the male reproductive system, that rests just below the bladder. As men age, the prostate grows in size which can lead to problems concerning urination, as the prostate begins to put pressure on the bladder. However, difficulty urinating is not indicative of prostate cancer.

What is prostate cancer?

Prostate cancer is the second most common cancer for men in the United States, just after skin cancer. It is also one of the deadliest cancers, second only to lung cancer when it comes to the number of deaths of American men. According to the American Cancer Society, 1 in 8 men will have prostate cancer in their lifetime. Of those who develop the cancer, 1 in 41 will die from it (American Cancer Society). In 2022, there were 268,490 new cases of prostate cancers and 34,500 deaths caused by prostate cancer.

Why the high rate of prostate cancer?

Some speculate that the reason the rate of prostate cancer is so high is because there is an unwillingness to talk about it openly. Because it is such a fatal cancer, it is important to be regularly screened regardless of risk factors, once a man is about 40-50 years old.

What are the symptoms of prostate cancer?

Some signs of prostate cancer are blood in urine, back pain, pelvis pain, hip pain, and unexplained weight loss (Prostate Cancer Research).

What are the risk factors for developing prostate cancer?

The risk factors for developing prostate cancer are being at an older age, having a family history of prostate cancer, lifestyle factors, and ethnicity.

Prostate cancer is more common in those over 50 and those whose father or brother has also had the cancer. Diet and obesity have been seen to have effects when it comes to developing this cancer.

How to reduce the risk of prostate cancer

Eating red foods such as tomatoes, drinking an average of three cups of coffee a day, and good fats such as olive oil and avocados can help prevent and lessen the severity of prostate cancer (MUSC).

Prostate screening

The screening process is two-fold. First, a doctor should do a physical examination of the prostate. Then, blood will be drawn to measure antigens in the blood specific to the prostate. However, if a man is uncomfortable with the physical examination, it is possible to only go through the blood test, since it is the more accurate test of the two.

Treatment for prostate cancer

Prostate cancer can be managed with surgery, chemotherapy, radiation therapy, hormonal therapy, and cryoablation

It is extremely important for it to be detected as early as possible (MUSC). The earlier the cancer is diagnosed, the better the rate of survival.

Is prostate cancer more common in African American Men?

Medical Malpractice Attorney: Contact the Law Offices of David L. Hood

If you or someone you care about has suffered because of medical negligence, 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. 

At The Law Offices of David L. Hood, we, our co-counsel, and our team of experts will fight for you during every step of a medical malpractice claim. That way, you can focus on your health and well-being with the confidence that your case is in good hands.

You won’t pay any costs or expenditures unless we successfully obtain money for you in your case since we handle all medical malpractice cases on a contingent fee basis. Put the years of experience of attorney David L. Hood and co-counsel to work for you!

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

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Categories
Medical Malpractice Lawyer

Medical Malpractice Process
in South Carolina

Medical Malpractice Process
Law books and a gavel
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The Medical Malpractice process in South Carolina involves five primary steps.

Have you been harmed by a doctor or other medical professional in South Carolina? Are you trying to decide whether you want to pursue a medical malpractice case against them? You’re probably wondering what will happen if you decide to do so. 

To help you understand the medical malpractice process, we’ve created a basic outline of what a medical malpractice lawsuit looks like, so you know what to expect. In this article, we’ll outline the five primary steps involved in filing a medical malpractice lawsuit and explain each step.

If you’re not sure whether you are a victim of medical malpractice or medical negligence, read our recent blog article on this subject for more info.

Do I need a medical malpractice attorney?

There are some types of lawsuits that people may be able to handle on their own without help from an attorney. A medical malpractice suit isn’t one of them. These cases are very complex. They require the attorney to gather lots of medical evidence, get testimony from expert medical witnesses, and negotiate with large insurance companies who have their own experienced legal teams.

At The Law Offices of David L. Hood, we always offer free initial consultations with no strings attached for medical malpractice cases. During this time, we’ll listen to your story and advise you about your legal rights and options. We also represent medical malpractice clients on a contingent fee basis. That means you won’t pay any attorney’s fees or case expenses unless we achieve a financial recovery in your case. * This is the least we can do since many medical malpractice victims are suffering financially as well as physically and emotionally when they come to see us.

Of course, you may want to speak with or meet with multiple lawyers before you commit to one, and there’s nothing wrong with that. A medical malpractice case can be a long and complicated journey, and you should feel confident in your lawyer’s credentials, resources, attitude, and professionalism.

From this point on, the steps in a medical malpractice case may sound complex and intimidating, but your attorney should be able to guide you through them and offer informed advice at every step.

Do I need medical records?

Your lawyer will need to get a complete and accurate picture of your health and your medical conditions, both before and after the incident that harmed you. They’ll want to sit down for an in-depth conversation with you about your medical history. They’ll ask you to contact all your medical providers to obtain all your medical records.

Gathering and organizing a person’s complete medical history is complicated, especially if the patient has recently received lots of treatment (which is usually the case for medical malpractice victims). This process involves lots of time and paperwork, and it can take months of hard work.

After this in-depth investigation and review, your lawyer should be able to give you a more informed assessment of your case’s strengths and weaknesses and advise you about whether you should go forward. At this point, your lawyer should have a much more accurate picture of the evidence and your medical history. This is the time for them – and you – to make a final determination about how to proceed.

Do I need an expert witness?

If your lawyer thinks they can prove that you were the victim of medical malpractice and that this negligence caused you harm, they’ll seek out and hire medical experts who can testify to this in court.

Often, your attorney will hire doctors who specialize in the same area of medicine as the medical professional who harmed you. These experts can review the negligent person’s conduct and explain exactly how it deviated from accepted standards of practice.

It’s impossible to successfully file a medical malpractice lawsuit without testimony from medical experts. These experts don’t work for free, and their fees often add up to thousands upon thousands of dollars.

Fortunately, your attorney should front these costs as part of your case expenses. Depending on where you live and which attorney you work with, you may have to pay these expenses later even if you don’t win your case. But when you work with The Law Offices of David L. Hood and co-counsel, you only have to pay case expenses if we achieve a financial recovery in your case. *

RELATED: What Happens When the Pharmacy Gives You the Wrong Medication?

Should my attorney settle my case?

At this point your attorney will put together all the evidence. Using all the facts in the case, they will negotiate with the doctors’ and/or hospitals’ insurance companies to see if they will offer you a fair settlement that meets your financial needs and addresses the losses you’ve suffered.

The insurance companies may have made you an initial settlement offer. If so, it was probably far too low and wouldn’t have come close to paying for your medical bills, lost wages, future medical expenses, and pain and suffering. However, now that your lawyer has gathered extensive medical evidence and hired witnesses with strong credentials, the insurance company may take your case more seriously and may decide to make you a fair offer.

In most medical malpractice cases, though, your lawyer will have to file a lawsuit and begin preparing for trial before the insurance company will make a serious settlement offer.

Medical Malpractice Trial

Many medical malpractice cases do end up going all the way to trial.

Pre-Trial Discovery Process

You may have heard of the discovery phase of a lawsuit before. This is the part of the legal process where each side learns what the other side plans to argue in court and what evidence they’ll present. The discovery process usually involves lots and lots of documents, requests, and paperwork going back and forth between the two sides, with the judge mediating the process.

During the discovery process, you will probably have to attend a deposition where the attorneys for the other side will ask you a lot of questions. Your lawyer should be with you every step of the way before, during, and after the deposition. They should help you prepare and understand what to expect beforehand. They should be there to protect your rights and advise you during the deposition itself.

A deposition can be a stressful process for a medical malpractice victim. However, if your lawyer knows how to handle the process, it’s nothing to be afraid of. This is your chance to tell your side of the story on the record. You should have the two most important assets on your side: experienced lawyers and the truth.

Pre-Trial Mediation

Before the trial begins, your attorney will talk one more time with the lawyers from the other side and see if they’re ready to offer you a fair settlement. In most cases, this part of the process involves mediation, which is where the attorneys from both sides work with a professional mediator to try and settle the case.

If negotiations go nowhere and mediation doesn’t work, then your lawyer should take your case to trial.

The trial process

Compared to the very long build-up that often takes several years, the trial itself will be a quicker process. Most medical malpractice trials last from two to four weeks, although some can be shorter or longer. Your trial also may not go forward on the originally scheduled date. It’s common for trials to get rescheduled, sometimes multiple times.

While the trial is a very involved process, your attorney should be doing all the heavy lifting at this point. Your lawyer will have put in a lot of work to prepare for the trial, and will be working very hard during the trial. But the trial shouldn’t be a difficult or stressful process for you. You may have to testify in court if you are called as a witness, but your attorney should prepare you for this, if it happens.

Just because your case has gone to trial doesn’t mean a settlement is out of the question. The other side can still make settlement offers. If they decide to make a fair offer that will address your losses and create a stable financial situation for you, you and your attorney may decide to take it, which will end the trial.

If the other side never makes a fair offer, your attorney will continue to argue on your behalf in court and present evidence. Then it will be up to the jury to decide what happens.

However, even after the jury’s decision, the case isn’t necessarily over. The losing side may still be able to file an appeal, which will delay payment of any damages until the appeal is resolved.

How to Sue for Medical Malpractice in South Carolina

Medical Malpractice Attorney: Contact the Law Offices of David L. Hood

If you or someone you care about has suffered because of medical negligence, 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. 

A medical malpractice lawsuit can be a very complicated process. But that doesn’t mean you should ever have to feel stressed out or overwhelmed. You deserve justice and fair compensation for the harm you’ve suffered. At The Law Offices of David L. Hood, we, our co-counsel, and our team of experts will fight for you during every step of a medical malpractice claim. That way, you can focus on your health and well-being with the confidence that your case is in good hands.

We handle all medical malpractice cases on a contingent fee basis, so you won’t pay any fees or expenses unless we make a financial recovery in your case. * Let Attorney David L. Hood and co-counsel put their years of experience to work for you!

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

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

GET A FREE medical malpractice CONSULT
Categories
Motor Vehicle Accidents Truck Accident Lawyer

South Carolina Truck Accident?
Steps to Take

South Caroilna Truck Accident? Steps to take.
An 18-wheeler crashed into a car head-on.
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South Carolina truck accident fatalities are at an all-time high. Per the National Highway Traffic Safety Administration, in 2020 there were 132 fatalities involving big trucks in South Carolina, up from 122 in 2019. NHTSA.gov

South Carolina Fatalities by Crash Type

The number one contributor to these fatalities is truck drivers speeding, most likely trying to get to their destination before the federally required rest-break they must take after eight hours on the road.

The Hours-of-Service (HOS) rule limits driving to 11 hours in a 14-hour period with a 30-minute break at eight hours.”(fmcsa.dot.gov) Drivers and carriers can be penalized and/or fined for violating HOS regulations.

Other South Carolina truck accident causes:

  • Fatigue
  • Driver error
  • Distracted driving
  • Work zones (involving driving through work zones)
  • Driving under the influence

The impact of a truck colliding with an automobile can be enormously destructive. It becomes even more damaging if the collision happens at highway speeds. In most cases, trucking accidents can be catastrophic with a high number of fatalities and severe injuries. These accidents often involve collisions with more than one driver and multiple passengers.

These huge trucks share the freeways and city roads with everyday car drivers. Since these trucks are harder to maneuver, there are special tests, training and certifications that prepare truckers to drive these big rigs. The Federal Motor Carrier Safety Administration (FMCSA) is responsible for setting stringent rules and regulations to maintain the safety of truckers and other drivers.

If you have been recently involved in a trucking accident, the steps you take immediately after the collision are vital.

What to do after a truck accident

We have compiled the following guide to explain the steps you need to take immediately after recovering from the shock of an accident with a commercial rig:

  • Stay Put

The best thing you can do right after an accident is to not leave the accident scene. Remain close by, try to calm down and wait for the authorities and emergency medical help to arrive. If you leave the accident site, it may look like a hit and run, and the authorities may give you a hard time during questioning.

You can move the car to a safer location near the site if needed. But we recommend leaving your car in the same position as right after the collision, if possible. This might be helpful as evidence when authorities assess the scene for the cause of the accident, damages and injuries.

  • Call Authorities

Notifying emergency authorities about the crash and seeking medical help should be priority number one in any kind of accident. Call 911 as soon as you are able to do so. Collisions with large vehicles like 18-wheelers, trucks or buses can do quite a bit of damage and even cause fatalities. Once again, right after the crash, if you are physically able, call emergency services so they can dispatch police and an ambulance.

  • Check to See if Other Vehicles Have Been Hit

Since trucks, semis and buses are significantly larger than regular passenger vehicles, they can often cause damage to more than one automobile. After giving immediate attention to yourself, take a look around to see if anyone else might need your help. There may be other vehicles or pedestrians who have suffered damage or injuries, requiring assistance.

  • Take Photos and Videos

Taking pictures or video of the all the vehicles involved, immediately after an accident, provides the opportunity to capture exactly what happened. These will act as evidence and save important details that might be missed in the chaos of the authorities securing the site.

If you have a smartphone and you are able to, take photos or record a video of the entire scene. Make sure to include your injuries, traffic signals, skid marks and any other details that might prove helpful later on.

  • Talk to Other Drivers Involved in the Crash

If you can approach other drivers that were also hit by the truck, talk to them about what happened. This is the best time for you to exchange some important information that you might need later on. Try to get each driver’s name, phone number, license plate number, driver’s license number, insurance carrier and policy number.

  • Don’t Make any Statement Right Away

Accidents can leave you feeling a bit shaky and emotional, which can sometimes lead you to say something incorrect. Therefore, it is important that you take your time to calm your nerves and collect yourself before talking to anyone. If necessary, ask any important questions and move away from the scene to make an official statement.

  • File an Official Report of the Accident

Depending on which state you reside in, you might be required to file a report with the DMV, State Police or another authority. In South Carolina, if the accident causes an injury, death or property damages of $1,000 or more, you it may be a good idea to file a report with the DMV within 15 days after the accident. This way you can get a head-start on bringing a claim against the trucking company.

Information you need if hit by a semi-truck

Contact a South Carolina Truck Accident Lawyer

After you have gotten the proper medical treatment and filed the accident report, the next most important thing to do is get a truck accident lawyer on board. Focus on recovering from your injuries and let an experienced attorney handle the situation from here. You need someone who can deal with the insurance company, make medical claims, and begin assembling material to file a legal claim.

South Carolina Truck Accident Lawyer – The Law Offices of David L. Hood

Dealing with a truck accident can be an overwhelming task, as trucking companies and their insurance companies have lots of money to fight these expensive cases. This is where The Law Offices of David L. Hood can help make your life easier. Being your personal injury lawyer, we put in all our efforts to maximize your recovery. We have the experience and skills to negotiate and deal with a powerful defendant. Over the years of our service in South Carolina, we have represented victims of truck accidents and made successful damage recoveries.

We and our co-counsel have a team of diligent truck accident experts determined to give you the legal representation that you deserve. If you end up choosing us to represent you, we will work your case on a contingent-fee basis, where you pay our fee only AFTER we obtain a recovery. To get your no-risk free initial assessment for your case, schedule a consultation with us by calling at (843) 491-6025 or contact our offices here.

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Categories
Mesothelioma Attorney Workers’ Compensation Lawyer

Jobs with High Cancer Risk

Jobs with High Cancer Risk
A man being pulled into a scanner
Call NOW for your free workers’ compensation consult

Jobs with high cancer risk are fewer today. Increased safety regulations over the past few decades have caused the rate of workplace-related cancers to decrease significantly, per the American Cancer Society. A small percentage of cancer patients in the US can trace the origin of the disease to occupational exposure to cancer-causing substances, or carcinogens. However, those carcinogens can sometimes take decades to surface. People who worked in various industries 40 years ago might just now be reaping the consequences of those exposures.

Some jobs put you at a higher health risk, like fighting fires, chasing bad guys, or construction work. Then there are jobs that put you at equal risk (possibly even higher), with more hidden but still eerie side effects.

Although contact with toxins is being regulated more carefully by organizations such as the US Occupational Safety and Health Administration (OSHA), there is still cancer risk at work due to accidents, lax adherence to the rules or stress. Every job comes with its own unique set of health risks. The following occupations could lead to certain cancers, such as lymphoma, leukemia, bladder cancer, lung cancer and other types.

Jobs with high cancer risk:

Cancer Risk in Rubber Manufacturers

Some examples of these careers: people making automobile tires, rubber gloves, rubber bands, and other rubber products that we use every day.

“Rubber is made with myriad chemicals, and the process exposes workers to vapors, dusts, and chemical byproducts that evidently pose serious health risks.”

Studies show “excess deaths” from bladder cancer, stomach cancer, lung cancer, leukemia, and lymphoma, “making jobs in the rubber industry some of the most exposed to carcinogens.” The CDC reports these toxins are not just inhaled but can be absorbed through the skin as well.

Per the National Institute for Occupational Safety and Health (NIOSH), “Historically, cancer has been the chronic disease most frequently reported in cohort studies of rubber products workers.” (CDC.org)

Cancer Risk in Agricultural Workers

One study found an elevated risk of multiple myeloma and melanoma (skin cancer) in women, and prostate cancer in men, when working in agriculture. (ScienceDirect.com)

An Australian study showed that agriculture was one of the top five occupations for cancer risks. Frequent exposure to engine exhaust, pesticides, fertilizers, and other elements were thought to play a key role in the high incidents of lymphoma, leukemia, and several other cancers.” (Time)

Cancer Risk in Nail Salon Workers

There are numerous potentially hazardous chemicals being used in nail salons. Chronic exposure to two of the volatile organic compounds (VOC’s), Formaldehyde and Benzene have been known to cause cancer. (OSHA.gov)

To cut down on exposure, “OSHA recommends that salons be well ventilated and have sufficient airflow. OSHA also suggests that nail-salon workers wear long-sleeved shirts, gloves, and masks to protect themselves from the chemicals in polishes and astringents.” (BusinessInsider.com)

Cancer Risk in Construction Workers

Asbestos can cause cancer in construction workers. Some older buildings still contain asbestos. Remodeling jobs may pose problems, until it is confirmed asbestos isn’t inside a structure where crews are working.

Unfortunately, the harmful effects of exposure of asbestos may not show up for years. Asbestos exposure can cause a number of deadly conditions including lung cancer, mesothelioma, and gastrointestinal cancer.

Cancer Risk in Mechanics

Because of the heat-resistant qualities, asbestos is sometimes still used for brake linings and clutch configurations. When those parts start “to disintegrate, or are replaced, the asbestos fibers can be released into the air – and mechanics’ lungs.” Mesothelioma, an aggressive cancer that can affect the abdomen, heart, or lining of the lungs, can be caused by asbestos. “That’s why, among other regulations, the Occupational Safety and Health Administration requires mechanics to use special procedures for brake and clutch repairs. This is especially true for shops that work with more than five such repairs per week.”

Besides the danger of asbestos, mechanics also come into contact with gasoline, which contains benzene. The Department of Health and Human Services (DHHS) has determined that benzene causes cancer in humans. Long-term exposure to high levels of benzene can cause leukemia. (Emergency.CDC.gov)

Cancer Risk in Firefighters

Firefighters are in danger every day, saving the lives of others. But there are also hidden deadly risks that come with the job. These are due to smoke inhalation and skin absorption of chemicals in the smoke. “In addition to the danger of putting out fires, firefighters are at an increased risk for different types of cancer due to the smoke and hazardous chemicals they are exposed to in the line of duty. There have been multiple studies that show this increased risk for cancer.” (LLS.org)

A NIOSH study found that firefighters “face a 9% increase in cancer diagnoses and a 14% increase in cancer-related deaths compared to the general US population.” (Blogs.CDC.gov)

These inhalants and chemicals are the reason firefighters must adhere to strict protocol:

  • prevent breathing in smoke as much as possible
  • wear appropriate gear
  • go through decontamination after leaving a site
Cancer rates are rising among firefighters

Is your job affecting your health?

To find out if your job is affecting your health, request a Health Hazard Evaluation (HHE): https://www.cdc.gov/niosh/hhe/request.html

NIOSH HHE program mission: Helping employees, unions, and employers recognize and control health hazards in their workplace

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

The Law Offices of David L. Hood have been fighting for the rights of injured workers 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 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. This 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.

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Categories
Medical Malpractice Lawyer

Childhood Obesity Epidemic

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Childhood obesity epidemic
A child’s feet on scales, showing 33 pounds

There is a childhood obesity epidemic in America

It is troubling to learn that the national average of children aged 2 to 19 who are obese is 19.7 percent, or 14.7 million people (CDC). Obesity can lead to several health issues in children:

  • asthma
  • sleep apnea
  • type 2 diabetes
  • a decline in mental health
  • untreated, obesity can lead to heart disease and some cancers (CDC)

Causes of Obesity

Obesity is caused by several factors:

  • insufficient sleep
  • lack of physical activity
  • certain eating patterns

Taking certain medications such as steroids and antidepressants can also lead to weight gain.

Genetics does not play a role in determining one’s likelihood of developing obesity, though social factors do contribute.

Can lack of sleep contribute to obesity?

While the amount of sleep needed to stay healthy decreases with age, most children and teens need at least 8 to 10 hours every night. The Sleep Foundation says sleep deprivation in children can increase the risk of becoming overweight. This increase can stem from hormonal changes and daytime fatigue (leading to decreased activity levels). Later bedtimes can also lead to “consuming more nutrient-poor foods and fewer fruits and vegetables than children who went to bed earlier.” (SleepFoundation.org)

Childhood Obesity and Exercise

Young children aged 3 to 5 need to stay active throughout the day. Children aged 6 to 17 need at least 60 minutes of moderate to vigorous activity every day.

Childhood Obesity and Nutrition

When it comes to food, it is recommended that eating a variety of vegetables, fruits, lean proteins, whole grains, and low-sodium and low-dairy foods is better for the body. Limiting the amount of sugar consumed daily is also beneficial (CDC).

In order to reduce this childhood obesity epidemic, we need to work harder to be sure our children get the proper sleep, exercise and nutrition needed.

Obesity and Low Income

Many healthier foods are more expensive, and having a child join a sports team requires time and money. For these reasons, childhood obesity is more common among those whose families make less income. Across the nation, 24.7 percent of children in the lowest income bracket are obese compared to 9.2 percent of children in the highest income bracket (State of Childhood Obesity).

There is also a racial disparity among those with childhood obesity. Black, Hispanic, and Native American youths have a much higher rate of obesity with all their percentages being in the 20s, while White and Asian children have percentages in the low teens (State of Childhood Obesity).

Childhood Obesity Statistics

When looking at children within the age range of 10 to 17 who are obese, there are seven states that are significantly higher than the national average. All seven states would be considered southern, with the list including West Virginia, Kentucky, Louisiana, Mississippi, Tennessee, Alabama, and South Carolina. The national average for this age range is 17 percent, but South Carolina’s youth obesity rate is 21.6 percent (State of Childhood Obesity). However, South Carolina has been improving over time.

Childhood Obesity Statistics in South Carolina

In 2007, South Carolina’s rate of childhood obesity was 33.7 percent. When looking at data from 2016 and 2017, the rate decreased significantly to within 15 to 20 percent (CNN). While our rate has gone up since the Covid pandemic started, that is the case for several other states as well.

Lifestyle Changes

Though it is important to instill some lifestyle changes at home to help prevent or treat childhood obesity, there is another place where children spend time that also needs changes: school. Since this is where children spend a large portion of their days, it is important to advocate for better wellness programs and better nutritional standards for school lunches. With these changes, South Carolina could make significant strides towards decreasing its rate of childhood obesity.

Video – Health Watch: Childhood Obesity

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 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.

GET A FREE MEDICAL MALPRACTICE CONSULT