Mississippi Injury Lawyer Blog

Mississippi patients need to watch out for doctors not washing their hands

Tue, 01 May 2012 16:32:06 -0600

People hear it all the time. Whether it's from your mom or a message on a poster in the restroom: Wash your hands after using the bathroom and before eating. Use soap and hot water. And make sure you wash your hands long enough to do the trick.

You might think that doctors would also know when to wash their hands. Wrong. A recent study discussed in Time Magazine shows that medical students may not know as much about hand washing as you'd think.

Researchers at Hannover Medical School in Germany surveyed 85 medical students who were about to enter their clinical training - which is when they first begin to deal with actual patients. The med students were given seven scenarios, five of which required hand washing: before contact with patients, before preparing IV fluids, after removing gloves, after contacting patients' beds and after contact with vomit (the other two scenarios did not require hand-washing).

Only 1 in 5 students correctly identified what to do in all seven situations. And just 1 in 3 got all five hand-washing scenarios correct. Most students knew that they were supposed to wash their hands before contacting a patient, after touching their bed and after contacting vomit, but 15% to 20% could not correctly identify the other two hand-washing situations.

What does this mean for you? Improper hand washing by doctors and physicians is a leading cause of spreading germs and contagious diseases from one patient to another. This is because much of a doctor's job involves physical contact with patients. Thus, doctors who conduct surgery on someone with one disease and then don't properly wash their hands, could easily spread germs and cause infection once their hands come into contact with different patients.

Because doctors are professionals, they are expected to know more than the ordinary person about the tools of their trade and the safety requirements involved in the medical field. And when a professional, like doctors, falls below the standard of care required in their profession, such as proper hand washing procedures, those professionals can be held liable for injuries and damages caused by their lack of knowledge or lack of care.

If a doctor does something that is not in accordance with the requisite standard of care then that doctor has engaged in medical malpractice. If you or some you know has become sick or injured because of a doctor falling below the required standard of care, you need the help of a Mississippi injury attorney experienced in medical malpractice to help protect your rights and recover damages for your injury. Contact The Stroud Law Firm today toll free at 855-536-5656.

Source: "2 Out of 3 Medical Students Don't Know When to Wash Their Hands," by Alice Park, published at Time.com

Mississippi teen recovering from series of horrible incidents

Wed, 25 Apr 2012 11:30:56 -0600

A Marshall County, Mississippi, teenager continues the long process of recovery following one terrible week. During the course of the week the teen survived a fire, an attempted drowning and a car crash. High school senior Charles Hardeman, 18, is the youngest of Tammie Hardeman's four children. "That's my baby boy," said Tammie Hardeman. "He's a smart young man."

Unfortunately Charles Hardeman has been unable to speak from his bed at the MED, where he has been ever since barely escaping a bizarre attack last week in Slayden, Mississippi.

"Even in the hospital now, he's fighting," said Tammie Hardeman. "Can do the thumbs up and wiggle them toes, and can open his eyes."

The attack was horrific and unbelievable. It began with the burning down of his father's home and was followed with an attempted escape in a truck that crashed into a nearby tree.

A belt was then found cinched around Charles Hardeman's cold, wet legs after he had been thrown into a pond next to his father's home. A 75-pound chunk of concrete taken off a decorative lawn deer was attached to the belt as an anchor designed to keep the teen underwater.

Investigators have interviewed neighbors and gone door to door in Slayden trying to find answers.

"The severity of this crime, we want to get to the bottom of it as quick as we can," said Major Kelly McMillen with the Marshall County Sheriff's Office. "And the person responsible for it, we want to get them incarcerated as quick as we can."

"Eventually, Charles is going to tell us what happened and who done it to him," said Tammie Hardeman. "Because anybody that comes to that house, if he knows them, he's going to tell." In the meantime Tammie will continue waiting for her son to improve patiently at his side, "Charles is a fighter, and he's going to win this battle," she said.

Anyone with information about the crime should call the Marshall County Sheriff's Department.

Mississippi 18-wheeler accident claims life of school librarian

Wed, 25 Apr 2012 11:20:40 -0600

Authorities have said that a school librarian was killed when her car hit an 18-wheeler. The Clarion-Ledger reports 44-year-old Laura Ellis, a librarian at the Canton School of Arts and Sciences, died at the scene of the accident which took place early Thursday. Police say truck driver Igor Kovalchuk, of Woodbridge, Ill., was not injured.

Canton Police Chief Vickie McNeill told reporters that the accident happened in the eastbound lanes of Mississippi 22 under the I-55 bridge at 7:15 a.m. McNeill says the victim apparently did not see the back of the truck when she crashed into it.

In an abundance of caution Madison County Coroner Alex Breeland has ordered an autopsy to determine the exact cause of death.

Such deadly accidents are more common and more often, fatal as trucks get heavier. Anti-trucking groups say that bigger and heavier trucks would need the length of two football fields to stop. This increase in weight would have resulted in more and deadlier accidents across the country as these hulking vehicles spread across the interstate system. Safety experts point out that people in passenger vehicles are especially vulnerable in collisions with large trucks because of the great difference in weight between cars and large tucks. In two-vehicle crashes involving passenger vehicles and large trucks, 98 percent of the fatalities were occupants of the passenger vehicle (See article The Dangers of Large Trucks posted by the Advocates for Highway and Auto Safety).

Distracted Driving could lead to Accidents in Mississippi

Wed, 11 Apr 2012 15:46:35 -0600

Studies have shown over and over again that texting while diving can be even deadlier than driving while intoxicated. The proliferation of smartphones have only exacerbated the problem. However, perhaps the greatest driving distractions may come from devices built into the cars themselves.

Gone are the days when the bulky car phone was a rare luxury enjoyed by few. Today the cars manufactured both domestically and abroad are becoming "virtual iPads on wheels." Multitasking has become the norm. Drivers can order movie tickets, get stock quotes, or even receive status updates from their Facebook pages. The Facebook update feature received focus during one car commercial that debuted during Super Bowl XLV.

If the car companies have their way, this can only get better (or worse, depending on your perspective). Mercedes-Benz is working on a feature that would allow drivers to project readable information on the windshield. Ford is working on a feature that would allow a smartphone to be converted into a wireless router, giving drivers internet access. It is anticipated that in five years, 90% of new cars will come equipped with some form of internet access.

The purpose of this technological arms race is to reach the so-called millennial generation, believing that group views technology "as extensions of themselves." Consumer surveys reveal that 75% of potential buyers would like touch-screen technology and in-dash apps in their new vehicles. In other words, car companies are simply responding to consumer demand.

While touch-screen "auto infotainment" seems to be the wave of the future, there is fear that we are not ready to implement this new technology safely. Touch-screen dashboards require more attention than the traditional push button interface of most cars, says David Champion, director of automotive testing for Consumer Reports. According to Champion, touch-screen controls by their very nature require users to look down at them, causing them to take their attention away from the road. And according to the National Highway Traffic Safety Administration, drivers who glance away from the road for even two seconds increases their risk for accidents twofold. Even Clifford Nass, a consultant to automakers who specializes in automobile interfaces says that "there really hasn't been enough research on how to safely design for these things."

Mississippi Supreme Court to hear case involving car accident with horse

Mon, 02 Apr 2012 13:07:35 -0600

The Mississippi Supreme Court recently decided to hear a George County case concerning an car accident involving a horse.

The personal-injury case involved a 2008 automobile collision between Diana Ladnier and Diego, a horse owned by Joseph Hester. In the lower court, a George County judge ruled in favor Hester. The state Court of Appeals upheld the trial judge's decision just this past year.

The details of the accident are undisputed, the issue is over who is at fault. The accident occurred shortly after midnight on January 2, 2008, near Lucedale. According to court records, Ladnier was driving her car when three horses ran across the darkened street. Unable to avoid the collisions she struck the largest horse, Diego, who weighed approximately 1,000 pounds.

Ladnier claimed Hester was negligent for allowing his horses to roam free. In return, Hester claimed he checked the fences on his property earlier that same day. He said it appeared the horses trampled a portion of the fence and that was the first time in two years they had done that, something he was thus unable to anticipate.

The Appeals Court ruled that Ladnier failed to rebut evidence by Hester that his fence was adequate for containing horses. The case now goes before the Mississippi Supreme Court who will have to weigh the evidence to decide whether Hester fulfilled his duty to Ladnier by attempting to properly secure his horses.

Older Mississippi Drivers and Road Safety

Wed, 21 Mar 2012 16:59:23 -0600

As the Baby Boomer generation continues to age, one thing is certain--the roads will be increasingly filled with older drivers. Currently, thirteen percent, or 34 million Americans, are over sixty-five years of age. That number is expected to increase by 60% over the next fifteen years. Based on these numbers, it is projected that one in five drivers will be 65 or older by 2025.

While the older drivers may have more experience on the road, they are also responsible for a disproportionate number of accidents. A report released by TRIP states that although drivers over 65 account for 8% of all miles driven, they are involved in at least 17% of all reported crashes.

Older drivers are more susceptible to serious injury from car accidents for a number of reasons. First, age comes with increased physical frailty and related medical issues. These issues include slower reaction time, poorer eyesight, and reduced muscle dexterity. Furthermore, when such accidents happen, injuries tend to be more severe due to this increased frailty. TRIP singles out "safely moving through intersections" as especially hazardous for older drivers.

Despite these numbers, no one is suggesting that we revoke the licenses of all older drivers. One of the major determining factors in quality of life is mobility, and to deny that to an ever-increasing proportion of the population could only lead to trouble. Rather, it is being suggested that steps be taken to make the roads safer for older drivers. Some of the more prominent suggestions include clearer signs with larger lettering, increased width of pavement markings, widening lanes, and brighter lighting.

In addition to making the roads easier for older drivers to use, the TRIP report has recommended the expansion of public transportation and "non-traditional and public sector approaches that are tailored to the needs of older adults." Such non-traditional approaches include carpools, volunteer driving programs, and door-to-door community transportation services.

Currently, Mississippi has no special provisions for older drivers, such as renewals contingent on vision tests. Compare this to Illinois or New Hampshire, both of which require all renewal applicants over the age of seventy-five to take a road test.

DeSoto County, Mississippi drivers should have safer commute

Mon, 12 Mar 2012 13:23:24 -0600

According to a recent article in the DeSoto Times Tribune, DeSoto County drivers should be happy to hear that their daily drives will become somewhat safer as the Mississippi Department of Transportation announced it's cable barrier project will continue making its way down I-55.

Each year a certain percentage of MDOT's budget must go to public safety projects. This year the department decided to spend $3.32 million to put 34 miles of cable barrier along I-55 and U.S. Highway 78.

The money is definitely needed and should be well spent creating a safer driving environment for Mississippians. Over a five year period, 375 vehicles veered off I-55 into or across the median in the barrier recommended locations in MDOT District 2, resulting in 26 fatal crashes, 32 fatalities, 13 life threatening crashes and 244 total injuries said MDOT Safety Engineer Jim Willis. "We're trying to install this systematically throughout Mississippi," Willis said. "We recommended these areas because they are where we feel the public will benefit the most."

In the recommended areas of U.S. 78, 168 crashes resulted in five fatalities, 6 life-threatening crashes and 119 total injuries.

The cable rail that will be used by MDOT is designed to the same safety standards as guardrails but can be more versatile. "The cable rail can be installed cheaper and guard rail requires a flatter area to be installed," said Rihanna Mayoral, special projects engineer in MDOT District 2. "The cable rail lends itself to be installed in smaller areas and is capable of absorbing impact on either side so it doesn't need to be installed on each side of the road."

The data for the recommendations was collected through MDOT's accident history database, a database that local policing agencies report crash statistics to. The Mississippi Highway Patrol also made recommendations according to their observations of traffic patterns and accident information found in the same database. The barriers will be installed in DeSoto, Marshall, Panola, Yalobusha and Carroll counties.

Southaven, MS Growth Means More Workers Comp Injuries

Thu, 29 Dec 2011 20:39:08 -0600

According to a recent article in the Desoto Times Tribune, the 2010 data from the U.S. Census ranks Southaven, MS as a booming city. From 2000 to 2010, Southaven's population grew 64% from approximately 21,000 to 45,000, making it the 5th largest city in the state of Mississippi. Despite the enormous growth, however, 10% of families still live below the poverty line, with the median household income for residents over 25 yrs. old just over $34,000.00 per year.

The workforce in Southaven is primarily in the educational services (schools) and healthcare industries. Secondary to these areas (about 15% of the labor force) is engaged in transportation services and industrial labor (warehouse and utility jobs). With such a large percentage of the workforce performing manual labor and warehouse work, there are a large number of work related injuries (workers compensation claims) that occur.

Often times, employers encourage laborers not to report on the job injuries in hopes that the worker's injuries will get better over time, or that the worker will eventually move on to another job. Sometimes, employers actually tell workers that if they report the injury it will cost them their job. Depending on the details of the communication, the actions of the employer may be in violation of the law, but nevertheless, for the benefit of the employee, it is ALWAYS important to report an on the job injury.

Under the laws of the State of Mississippi, an employer is responsible for payment of medical bills and related costs associated with a worker's injury that occurs while the worker is injured in the "course and scope" of his employment. There are certain limitations to this general rule, and certain time constraints, which if not met, may act to time-bar a claim. With that in mind, if you or a loved one is injured at work, it is imperative that you seek out the counsel of an experienced Mississippi workers compensation lawyer to assist you with your claim.

Desoto County, MS School District-MS largest and still growing

Thu, 29 Dec 2011 20:08:53 -0600

As students flood to the more than 40 county schools in Southaven, Olive Branch, Horn Lake, and Hernando this year, they can still say that they attend the largest school district in the State of Mississippi. This is in large part due to the fact that while the public schools in Jackson, MS have declined in enrollment, the Desoto County schools have continued to grow. The reason behind the increase in enrollment is the quality of the education and the recent location of numerous new industries like Soladigm of Olive Branch that have made Desoto County, MS home.

With the increase in population and commercial development in Desoto County comes more and more traffic and increased opportunity for accidents resulting in serious injury to occur. With industry and more labor opportunity moving into the area, there has also been an increase in the number of on-the-job injuries or workers compensation claims. The local municipalities like Southaven and Olive Branch have also responded to the boom in population growth by hiring more police officers to patrol the streets. This has resulted in more arrests for charges such as DUI, reckless driving, shoplifting, domestic violence, and other misdemeanor charges. As a local law firm that focuses on representing individuals in matters of personal injury and criminal defense, we know how to help.

Commercial Appeal, December 11, 2011

Desoto County, Mississippi Schools Building Storm Shelters

Mon, 19 Dec 2011 20:32:20 -0600

Desoto County, MS has long been a shining star for its excellence in public education in Mississippi. Now school students from Walls, MS, Lewisburg, MS, Hernando, MS, Olive Branch, MS, Horn Lake, MS and Southaven, MS will also be safer while at school.
Based upon a newly acquired financial grant from FEMA and MEMA, six Desoto County Schools will receive money to construct safe rooms to protect students from the dangers associated with violent weather storms, such as tornandos. Construction should begin early next summer.

Keeping students safe has long been the responsibility of the Desoto County School District. Under state law, students and their parents should expect that the public school system where their child attends, takes reasonable steps to insure their child's safety while on the premises. While there are certain situations that arise that are outside of the control of the school and its faculty, there are certain responsibilities imposed by law on the schools to provide a safe environment for students to learn.

Accidents occur at schools. They always have, and they always will. Even though accidents happen and it may appear that no one is at fault, it is important to consult with an experienced injury attorney to determine whether any of the duties imposed upon the school district by law were violated. If so, there may be redress for the injury.

Associated Press, December 15, 2011

Hernando, MS Residents Object to Cell Tower

Thu, 15 Dec 2011 20:27:25 -0600

Residents of Hernando, MS are speaking up about the construction of a proposed cell phone tower along Robertson Gin Road. Not only do residents not want the eyesore of this tower in their backyard, they are seeking to preserve a Civil War battlefield known as the Battlefield of Hernando.

The Desoto County Board of Supervisors are scheduled to meet on December 19, 2011 to discuss the plan by AT&T wireless to construct the cell phone tower on this battlefield over the objection of the landowners in this area. I do not claim to know all of the details about this project, but I applaud Hernando residents for standing up and letting their voice be heard.

Often times, big corporations seek to impose their will upon private citizens. That is why it is important for individuals speak up for the individual freedoms guaranteed to all citizens. Too many times, we read stories and hear news reports of the corruption of Washington, D.C. and how "big business" or "corporate America" are really the puppet master behind our elected officials pulling the strings and imposing their will to the detriment of the people. That should not be the case.

I have heard defeatist say that there is nothing that can be done because big corporations have teams of lawyers and unlimited finances to fight everyday citizens until there is no fight left in them. While there is some truth to that statement, it is important to understand your rights and what the law requires of not only you, but of the corporations. If you believe that your rights have been violated, or you have been damaged unlawfully by the actions of a corporation seeking to impose its will upon you or your family, it is important that you seek out an experienced lawyer to assist you. You need someone that understands your situation and is willing to fight on your behalf.

WREG News Channel 3 Story, December 13, 2011

DeSoto County, MS I-55 to Get Facelift

Sat, 10 Dec 2011 20:16:38 -0600

Residents from Southaven, MS to Hernando, MS may soon see big changes to the landscaping at intersections and the visitor centers up and down Interstate 55 in Desoto County, MS. According to the Clarion Ledger, Desoto County, through DeSoto Greenways, has applied for a $950,000 grant to fund eco-friendly landscaping up and down the highway.

Hernando Greenways coordinator has indicated that this project could set the benchmark statewide. With more than sixty-eight thousand vehicles entering the county from Tennessee on Interstate 55 each day, the newly constructed "green islands" would promote tourism, educate newcomers to Mississippi about our communities, and provide a boost to the local economy.

Congratulations to Desoto Greenways for its efforts in keeping our highways clean and beautiful. As important as this is, however, it is also important to take steps to make sure that our Mississippi highways are safe and accident free. Unfortunately serious automobile accidents occur in the mid-south on a daily basis. That is why it is important if you or a family member have been involved in an automobile accident in Desoto County, MS that you speak to a local Desoto County, MS lawyer that understands the law, knows the area, and has extensive experience handling cases like yours. Time is not your friend. The longer you wait following a car wreck with injuries, the more time passes without securing vital information for your case. You can be assured that the insurance company for the at-fault driver is busy preparing a defense to your claim. You need someone early on working for you to insure that information such as witness statements, accident scene investigation, accident reconstruction analysis, and much more, is collected and preserved should your case have to be litigated.

Associated Press, December 7, 2011

DeSoto County, MS Sheriff's Department is Now Accredited

Mon, 05 Dec 2011 19:51:39 -0600

For the first time in the history of Desoto County's Sheriff's Department, it has been awarded both state and national accreditation. The department received state accreditation in November 2011, but the certificate from CALEA (The Commission on Accreditation for Law Enforcement Agencies) was just announced. This accreditation is a process that can take up to 36 months to complete, and it involves a thorough examination of various aspects of the department's "day to day" operations such as: policies and procedures relating to arrests, use of force, personnel decisions, and hiring and retention, among other areas.

As a citizen of Desoto County and as an attorney that routinely represents individuals that have been subjected to unlawful and excessive force by law enforcement/governmental agencies, it is my opinion that all of these areas of accreditation are important to the running of a department. Too often departments fail to enact and enforce adequate policies and procedures--thereby leaving important decisions as to how to handle a situation in the complete discretion of the officer facing that situation. This ultimately leads to inconsistent action on the part of the agency and oftentimes inappropriate action on the part of the officer. A perfect example of this is the topic of "use of force". If there are not guidelines (or if the guidelines are inadequate) relating to what is an appropriate use of force under what circumstances, a jailor who is being verbally challenged by an inmate, may result to physical force, when another jailor that is more seasoned may respond differently. The manner in which this situation is handled can mean the difference in whether a detainee is seriously injured while in the custody of the jail vs. safely housed pending a criminal hearing.

Finally, policies relating to the hiring and firing of department employees can make a big difference in how the department is viewed the public and how the detainees in county jails are treated. If jailors with known episodes of anger or violence are hired, retained, and allowed to work in this environment, widespread abuse of inmates often results. If an agency is quick to identify "bad jailors" and fire them, not only is the department more secure from a legal liability stance, but the citizens regain confidence in the department and its policy makers.

Undertaking steps to clean up a department and run an accredited agency does not mean that civil rights violations will not occur. It hopefully means that they will not occur as often. If you or a loved one has been subjected to physical abuse while in jail, or have had your civil rights violated by law enforcement/governmental agency, please feel free to contact us. We will be more than happy to spend time discussing the matter with you and work hard to not only obtain justice on your behalf, but also to encourage change within the department that allows/fosters unlawful activity within its walls.

Clarion Ledger, December 1, 2011

NORTH MISSISSIPPI JURY HOLDS DESOTO COUNTY SHERIFF'S DEPARTMENT ACCOUNTABLE FOR ABUSE OF SOUTHAVEN RESIDENT

Mon, 21 Nov 2011 19:27:36 -0600

In July 2009, Southaven, MS resident, Chad Wilson and his girlfriend were taken to the Desoto County, MS Sheriff's Department jail after being arrested by Horn Lake, MS police for a misdemeanor charge. Shortly after arriving at the jail, Chad was physically assaulted by at least one Desoto County jailor, and his right eye socket was broken--necessitating his transport to the Baptist Hospital-Desoto for emergency treatment for his injuries. Chad was hospitalized for three days before being released back to his home.

A lawsuit was brought against Desoto County and several of the jailors involved for violation of Mr. Wilson's civil rights and for the injuries he sustained while in custody. According to the testimony in the case, the jail is under 24/7 video surveillance. Despite the fact that there was video of Mr. Wilson coming and going in the jail, the Desoto County Sheriff's Department denied that there was any video surveillance of the incident leading up to and resulting in his injuries. In fact, Desoto County's official position was that Mr. Wilson simply tripped over his own feet and fell, causing him to hit his face on the floor. The County emphatically denied that he was ever assaulted at the hands of the jailors.

Interestingly enough, the video surveillance was pulled by command staff with the jail within a day or so of the incident, it was reviewed by the same command staff, and the decision was made to destroy or tape over the video coverage. When Mr. Wilson requested a copy of the video tape, he was told that it never existed.

After approximately 3 hours of deliberation, a North Mississippi jury returned a unanimous verdict for the Plaintiff awarding him $250,000.00 in damages.

According to Mr. Wilson's attorney, Philip A. Stroud of The Stroud Law Firm in Southaven, MS, "I truly believe that justice was served in this case. Over a two day trial, the jury repeatedly heard that the County refused to accept any responsibility for this man's injuries or for the outrageous conduct of its jailors. No one should have to endure what Mr. Wilson endured at the hands of the individuals who took an oath to protect and serve. I am proud to announce that two years after this incident, a jury of Mr. Wilson's peers let it be known that this type of conduct is unacceptable in this community"

Desoto County Sheriff's Department was represented by Cleveland, MS attorneys, Danny Griffith and Michael Carr of the Griffith & Griffith law firm.

The Desoto Times Tribune, "County Could Appeal Verdict", November 19, 2011.

Southaven, MS Business Owner Sues City of Southaven

Tue, 25 Oct 2011 19:19:59 -0600

The City of Southaven, through its attorneys, recently removed a case to federal court challenging Southaven police chief's decision to restrict a restaurant's ability to play live music. The restaurant/bar claimed that its First Amendment rights to free speech and its Fourteenth Amendment due process rights were violated by a recent decision by Southaven Police Chief Tom Long to restrict the restaurant's ability to have live music after 10 p.m. on Wednesday and Thursday,12 a.m. on Friday and Saturday, and 8 p.m. on Sunday nights.

When the restaurant owner appealed Long's decision to the Southaven Board of Alderman, the board agreed with Long and affirmed his decision, thereby leaving the restaurant with no other recourse other than to file this lawsuit.

The City has since filed a motion to dismiss the suit, alleging in part that Chief Long is immune from any liability under specific provisions of the Mississippi Tort Claims Act, a statute that provides immunity to certain governmental employees that perform their job function in a manner that does not constitute reckless disregard for the safety and well-being of any person not engaged in criminal activity at the time of injury.

Whether you are seeking to appeal a noise ordinance restriction, whether you have been unlawfully arrested, or whether you are the victim of excessive force by law enforcement, you need to understand that the law in Mississippi provides broad protections to government officials acting in the course of their employment--especially law enforcement officials. That is why it is extremely important before you speak to anyone (media, insurance representative, or internal affairs department for the offending agency) that you speak to an experienced Mississippi civil rights lawyer that understands the law and has experience dealing with these agencies.

Desoto Times, October 20, 2011