Patient Safety in Hospitals

Posted on August 20, 2010 by Jarome Gautreaux

 As lawyers for people who have been injured through the negligence of others, we  hear very often  from people who got infections during a stay at a hospital.  These infections can be very dangerous, especially for the very young, the very old, and  people with immunity problems.  

 

Find Out About Your Hospital's Infection Control 

Consumer Reports has reported on new rules to make it easier for patients to identify which hospitals are better at preventing infections.  Their article is at their health and safety blog. Consumer Reports had earlier reported on an investigation that revealed that nearly all these infections are preventable, including central IV line infections, which account for about 30% of the 99,000 annual deaths from hospital-acquired infections.  Under the new rules, hospitals will have to report their infection rates.  Here's a link to the site, Hospital Compare, that has the reports on infections.   The report shows one hospital in Georgia that reported no central line infections. It would be great if all the hospitals in Macon and Middle Georgia could achieve this same result. 

Patients Need to Know 

Most of these infections, if not all of them, can be prevented with the use of a simple checklist, called the Pronovost checklist, found here.  This checklist focuses on simple measures, like hand-washing and use of disinfectants, to prevent infections.  I would urge everyone to make sure that their caregivers are following these simple steps so they can protect themselves and their loved ones from these infections in hospitals.   Please watch the video above for information on preventing infections.  

  

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Reptiles and Rationality

Posted on August 17, 2010 by Jarome Gautreaux

 

There has been an enormous amount of recent interest in an approach to trial advocacy that has come to be known as the "Reptile" theory.  This approach is spelled out in a book called Reptile The 2009 Manual of the Plaintiff's Revolution by Don Keenan and David Ball.   

This method or theory of trial advocacy is intended to help plaintiff's lawyers level the playing field in an age when jurors are increasingly affected by "tort reform" propaganda that portrays jury trials as lotteries and plaintiffs as people out for an unjustified quick buck.  

To counter this tort reform view, the reptile approach encourages plaintiff's lawyers to focus on the dangers posed by the defendants' conduct.  This focus on danger posed by the defendant, according to the book, excites the "reptilian" brain so that the instinct for survival influences the actions of jurors and the way they express their need for survival is a verdict against the danger - the defendant.  I can't pretend to summarize the book in its entirety here, and this is only my own summary of the basics.   The book can be purchased at reptilekeenanball. 

Criticism of the Reptile Theory   Some criticisms of the reptile theory have been forcefully advanced by Stephanie West Allen, Diane Wyzga and Jeffrey Schwartz.  Their article and several rebuttals in The Jury Expert (published by the American Society of Trial Consultants) can be found here.  Their main criticism seems to be a normative one rather than one that criticizes the theory's effectiveness in obtaining verdicts.  Their criticism is summarized this way by the authors:  "to equate men and women serving on juries as reactive sub-mammals is both offensive and objectionable."  Instead, the authors appeal to Atticus Finch as a model for lawyers, and urge lawyers to reject any "single story" and especially the single story of the reptile, since in their view it does not treat jurors as rational, autonomous beings. 

I have not yet decided what I think of these critcisms by Allen, Schwartz and Wyzga.  It does seem that the reptile ideas can be used in the service of a rational story that focuses on the real danger presented by a defendant rather than a simple by-pass of the rational mind.  So I'm not yet convinced that the criticisms are not at times attacks on a straw man.  But the provocative title of the Keenan and Ball book, as well as what I see as the lack of solid science behind the reptile theory, does invite thoughtful criticism, and that is certainly what Allen, Schwartz and Wyzga have provided.

I encourage all students of trial advocacy to read about this debate and I welcome comments about it. 

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Truck Wreck on I-75

Posted on August 16, 2010 by Jarome Gautreaux

I have not been posting new entries for several months.   The summer months flew by, but I had a great time with my family, and even got to enjoy an oil-free trip to the Gulf Coast.  

I plan to keep the blog more current from now on.  The blog is devoted to safety issues and trial advocacy.  These two topics are tied together because I see what I do as a trial lawyer as furthering the goal of making all of us a little more safe.  Our court system should be used to hold wrongdoers responsible and to make everyone act in a more responsible and safe way.

Safety was definitely on my mind last week as I purchased a new vehicle.  My overriding concern was to buy a vehicle that would protect my family if we were in a severe collision.  Since we live near I-75, a major highway,  with plenty of large truck traffic, I wanted a vehicle that would protect us if we were in a wreck at highway speeds. 

Unfortunately, this weekend I read of another serious wreck involving a large truck on I-75 in Dooly County.  You can read about the wreck in the article by Linda Morris in the Macon Telegraph.   Please use this link to read about safety ratings of vehicles by the Insurance Institute for Highway Safety.  You can read excellent articles about truck safety, and other topics on safety at the website for the Advocates for Highway and Auto Safety. 

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