Paducah Legal Issues Blog

If an individual in Kentucky has experienced hearing loss, they may be able to apply for Social Security disability benefits. An examiner will need to determine if the applicant has sufficiently low hearing sensitivity and speech discrimination scores. If possible, that determination will be made using medical evidence provided by an applicant. If no evidence is provided, it will likely be necessary for the individual to take part in an audiometric consultative examination.

It is important to know that the decision will be made based on how well a person can hear in their least impaired ear. In other words, if hearing loss is only sufficient in one ear to meet a disability threshold, an application will likely be denied. Of course, this doesn't mean that an applicant isn't entitled to any benefits. It simply means that it will be necessary to prove through other means that they are not able to work.

Two separate reports from medical malpractice insurers have found that misdiagnosis is the number one reason for claims against physicians. Kentucky residents may be interested to hear that diagnostic errors are, according to the National Academy of Medicine, possibly the third leading cause of death among hospitalized patients. Previous studies also show that misdiagnosis-related claims usually involve disability or death.

The first report from Coverys found that out of the 1,800 closed claims filed against physicians from 2013 to 2017, 46 percent were diagnosis-related. Of these, 48 percent of the patients involved died. Diagnosis-related claims accounted for 68 percent of paid indemnity costs.

Violence against health care workers is becoming widespread in Kentucky and throughout the U.S. Between 2002 and 2013, incidents of serious workplace violence were four times more common in the health care sector than in the private sector, according to OSHA (by serious, OSHA means incidents that result in at least one day off). The U.S. Bureau of Labor Statistics found that in 2017, the rate of intentional injuries among health care employees was 9.1 per 10,000 workers, whereas the rate in private industries was 1.9 per 10,000 workers.

There have been many cases of health care workers being beaten or being attacked with weapons like knives, screwdrivers and box cutters. Lighters, matches and pepper spray can also be used to inflict harm. Spitting and name-calling are also considered instances of workplace violence.

Whenever you share the busy Kentucky roads with big rigs, you risk the lives of yourself and your passengers. The sheer size of semis, tractor trailers and 18-wheelers, combined with highway speeds, limit the chances of those in much smaller passenger vehicles to escape unscathed in the event of a collision. Many commercial vehicle operators do not realize how many lives they threaten by making even minor errors while driving.

It is not surprising that big rig vs. car accidents often cause fatalities because fully loaded big rigs can weigh as much as 25 times more than automobiles. Hazardous cargo loads such as industrial waste, gasoline or other flammable or toxic substances could exacerbate the risks.