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LEGAL MATTERS - A LEGAL NEWSLETTER FROM THE RASANSKY LAW FIRM
SEPTEMBER 2005: IN THIS ISSUE

The long work hours of doctors leave them so fatigued that their reaction times are comparable to someone who is slightly drunk, according to recent researchers.

Resident doctors following a "heavy call" schedule that can require a 90-hour work week performed more poorly on a driving simulation test than those on a "light call" rotation averaging 44 hours a week who then drank liquor until their blood alcohol level reached 0.05 percent, the study said.

A driver with a 0.08 percent blood alcohol level is considered drunk.

A survey of resident doctors found that they were three times more likely than average to have been involved in a motor vehicle crash.

A previous study that found interns who worked heavy schedules made 50 percent more mistakes with patients and had 22 percent more serious errors on critical care units.

Although new rules enacted in 2003 lowered the weekly work schedules for U.S. doctors-in-training to a maximum of 80 hours, "Residents must be aware of post-call performance impairment and the potential risk to personal and patient safety," study author Todd Arnedt of the University of Michigan, Ann Arbor.

Since doctors may have limited ability to recognize the degree to which they are impaired, residency programs should consider these risks when designing work schedules and develop risk management strategies for these doctors, such as considering alternative call schedules or providing post-call napping quarters.

The fifth largest auto industry recall in U.S. history saw Ford Motor Co. recently recall 3.8 million pickup trucks and sport utility vehicles.

The affected vehicles include: 1994-2002 model F-150s, 1997-2002 Expeditions, 1998-2002 Navigators and 1994-1996 Broncos equipped with factory-installed speed control.

The National Highway Traffic Safety Administration has been investigating complaints of engine fires.

Toyota Motor Co. recalled 978,000 sport utility vehicles and pickup trucks amid concerns over the power steering system. The affected vehicles include the 1990-1995 4Runner SUV, 1989-1995 truck 4WD and 1993-1998 T-100 pickup.

In the Ford case, NHTSA has received more than 550 complaints of engine fires from the cruise control switch. There have been allegations of three deaths in cases cited in news reports or lawsuits in Iowa, Georgia and Arkansas.

The concerns over the engine fires led to a recall in January of nearly 800,000 vehicles from the 2000 model year.

Toyota’s profits were down 7 percent to $2.4 billion in the April-June period as the company invested heavily in research and global expansion. But the company is generally healthier than its U.S. rivals.

Police officers in five states filed lawsuits against Taser International claiming they were seriously injured after being shocked with the electronic stun gun during training classes.

While hooked up to a cardiac monitor as a way to demonstrate the “safety” of the Taser to his officers, a police chief in Missouri says he suffered heart damage and two strokes when tasered.

The police chief agreed to be the first officer shocked during an April 2004 training class for their department's newly purchased Tasers.

Additional officers in other states have filed lawsuits against Taser International in Florida, Kansas, New Mexico and Ohio claiming severe, permanent injuries that range from multiple spinal fractures, burns, shoulder dislocation and soft-tissue injuries.

The lawsuits brought about by the officers challenge Taser International’s principal safety claim and accuse the company of misleading law enforcement about the extent of potential injuries. They also accuse company officials of concealing reports of injuries to at least a dozen other law enforcement officers.

The company plans to aggressively fight any claims although it acknowledged a small number of volunteers that experience injuries similar to athletic exertion, but should not be held liable for those injuries.

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