Maryland transportation authorities agree that they would like to see an end to wrong way driving accidents, and they are looking into better highway signage and tougher patrolling for drunk drivers. However, they point out that money concerns currently dictate against the NTSB's other recommendations which include requiring breathalyzer devices in all cars; instituting a GPS alarm in the event a driver is on the wrong side of the road, and re-designing on-ramps.
]]> People who have suffered the wrongful death of a loved one in a head-on or other collision know that the grief and sadness can last a lifetime. While a lawsuit demanding monetary compensation from the perpetrator will never bring back the person who has passed away, it can be a way to send a message that drunk or distracted driving is unacceptable. Family members may wish to set up an appointment with an experienced attorney to discuss filing a legal case seeking damages.Source: CBS Baltimore, “Wrong Way Crash Combat: National Transportation Safety Board Takes Action,” Adam May, May 9, 2013
]]>A 60-year old woman can personally relate to the serious nature of a fall into an unmarked hole in the sidewalk. After her tumble, the woman could not leave her residence for close to thirty days during which time damage to her foot, ankle, and back had to heal. The woman filed a lawsuit against a telephone company and a utility company claiming that they should have closed off or marked the unforeseen pit in the sidewalk following construction work.
]]> Before the case could proceed to court, the parties were able to enter into a settlement agreement. The woman received $160,000, a huge increase above the initial $15,000 offered in early negotiations. This money likely serves as compensation for her medical bills, together with her pain and suffering. Anyone who has suffered harm due to a dangerous property condition, whether outside, or in a grocery store, shopping mall, retail store, restaurant, or other public place, should realize that legal remedies may be available to them. It is always a good idea to consult with experienced legal counsel to determine whether a negligent property owner or contractor may be liable for an injured person’s damages.Source: Staten Island Advance, “Staten Island woman accepts $160K in injury suit,” Frank Donnelly, April 29, 2013
]]>This all too common situation appears to have happened recently in Baltimore County. The 22-year old driver of a Ford Mustang killed two passengers in his car and injured a third when he crashed his car. The accident occurred on a Sunday morning, at 6:30 a.m., perhaps after a Saturday night party extended into Sunday morning. Officials are continuing their accident investigation, but they have issued a citation to the driver for drinking and driving. Authorities do know that the driver lost control of the speeding vehicle, which caused the car to smash into a bridge support, and land upside down. The driver did not escape unscathed; he was taken to a trauma center with serious injuries.
]]> In this situation, the injured passenger and the families of the deceased friends may have medical expenses, lost wages, pain and suffering, and other claims against the driver of the vehicle. It can be challenging to file a lawsuit against a friend or relative, but it may be necessary in certain instances. People who have been involved in a car collision may wish to review the situation with experienced legal counsel. An attorney can explain possible rights and remedies available in this type of situation.Source: WBAL TV11, “2 dead, 2 injured in Baltimore County crash,” April 22, 2013.
]]>One of the concerns is whether the surgeons have been properly trained to use the robotic arms. While the makers of the Da Vinci provide training on the robot, doctors must make their own determination as to when they are ready to utilize the device. Experts do not agree on the number of hours that a surgeon should train on a robotic arm, but a 2010 New England Journal of Medicine article suggested that a surgeon should not feel confident without first performing 150 or more procedures.
]]> While some surgeons and their patients swear by the benefits of using the Da Vinci robots, there are concerning cases of surgical error. Whether the mistakes stem from a lack of training or otherwise, there are reports of a surgery where a robot hit a woman's face, another where a robot improperly clamped down on tissue, a robot triggered colon perforation and at least two deaths during robotic assisted surgery. Individuals who are scheduled for robotic surgery should have an in depth discussion with their surgeon about the risks and benefits. In the event that a person suffers a worsened medical condition after any type of surgery, it may be wise to consult with an experienced attorney to discuss a potential medical malpractice claim.Source: Time, "FDA Investigating Potential Problems with Popular Surgical Robot," Lindsey Tanner, April 09, 2013
]]>Authorities recently issued a citation to an 82-year old man who drove through an intersection without bringing his vehicle to a halt at a stop sign. A crash ensued when a 24-year old woman hit the elderly man's car with her Mazda. The disaster escalated when a pickup truck piloted by a 48-year old man and carrying his teenage passenger smashed into part of the pileup. All four individuals involved in the accident suffered injuries that required medical attention at nearby hospitals.
]]> Drivers must be careful to always pay attention to stop signs. Everyone on the road trusts one another to follow the traffic requirements, and as soon as one driver makes the mistake of disobeying the law, enormous consequences can result. An injury accident can forever alter the lives of its victims. People who have suffered injuries, pain and suffering, and medical expenses in a car accident may want to contact an experienced legal professional to discuss the details of the crash and learn about filing suit to seek potential monetary compensation.Source: The Baltimore Sun, "Four injured in three-car crash on Route 543 in Street," April 6, 2013
]]>Analysts have found unexpected results stemming from the recent rule. Because the new doctors are working shorter shifts, patient care is transferred to a different doctor more often. In addition, hospitals have not necessarily added more doctors or staff to make up for the residents' decreased hours, and residents may feel obligated to complete the same amount of work in less time. Finally, fewer hours can mean less training for doctors fresh out of medical school. These factors have led to preliminary reports that doctor errors and mistakes have actually increased since the rules went into effect.
]]> Patients and their families trust that they are getting the best possible care every time they need to be hospitalized. Whenever a doctor is fatigued, rushed, or constantly transferring a patient to a new doctor between shifts, patient care is compromised. Individuals who have spent time in a hospital and suffered a worsened medical condition due to any type of doctor error may wish to consult with an experienced legal professional to discuss the situation.Source: Time, "Fewer Hours for Doctors in Training Leading to More Mistakes," Alexandra Sifferlin, March 26, 2013
]]>The Maryland case that is currently under consideration was filed by the family of a 10-year old girl who was killed in a drunk driving accident in 2008. The child received fatal injuries after her family's car was hit by a driver who had been accelerating up to 100 mph. An investigation revealed that prior to getting behind the wheel, the driver may have consumed 3 shots of alcohol, together with 17 beers; this was the amount of the tab he paid at a dining establishment.
]]> The lawsuit is the attempt by the girl's family to recover damages from the restaurant that served the drunk driver. If the court agrees with the girl's family, bartenders and waitstaff will have to be educated to recognize the signs of intoxication and stand firm in refusing to serve a drunk patron. Moreover, drunk driving victims may have additional resources from which to recoup their damages. Individuals who have been harmed by a drunk driver should consider contacting a legal professional who can provide information about the rights and remedies available.Source: The Dispatch, "Court Hears Dram Shop Appeal; Third-Party Liability Case Heard," Shawn J. Soper, March 15, 2013
]]>Recently, a 56-year old Bel Air woman was driving in rush hour traffic just after 8:00 a.m. when the driver side of her car was hit by a motorist who ran a red light. The impact forced both vehicles into the median. The woman was taken to a medical center, but she did not survive. Neither the driver who caused the accident nor his passenger received life threatening injuries; they did receive medical care and were considered to be stable. Officials have not provided information on whether citations were delivered to the driver at fault.
]]> During rush hour traffic, it is critical that all drivers obey the traffic lights and pay attention to surrounding motorists. A distracted driver in heavy traffic presents potential harm to hundreds of drivers who trust one another to pay attention and follow the rules. Failure to stop on red can result in the death of an innocent individual, as in this case. In situations where a person is killed by a negligent driver, the family may wish to review the matter with experienced counsel who can provide relevant legal advice.Source: The Baltimore Sun, "Bel Air woman dies following Wednesday's Route 24 crash," Bryna Zumer, March 14, 2013
]]>In the last five years, there have been several studies finding that surgical supplies are being left inside of patients in substantial numbers. In fact, 4,500 to 6,000 individuals nationwide each year can expect to find a sponge, needle, instrument or other item left in their bodies post-surgery. Sponges are most likely to be forgotten in the abdominal area, and studies suggest that they are more likely to be left inside obese patients. Other studies indicate that unscheduled emergency surgeries can cause surgical teams to lose sponges inside patients more frequently.
]]> Worsened medical conditions are common for patients who leave the hospital with a sponge or other surgical equipment left inside their bodies. These complications can surface immediately, or they can take months or years to cause problems. If you or a family member suspect that a sponge, gauze, or other surgical item is causing you to suffer medical problems, you should see a doctor for full diagnosis. You may also wish to speak to a legal professional who specializes in medical malpractice or medical professional negligence.Source: USA Today, "What surgeons leave behind costs some patients dearly", Peter Eisler, March 8, 2013
]]>Some concern has arisen recently over the effects of these energy drinks. At the tail end of 2012, the U.S. Food and Drug Administration disclosed that it was examining Monster energy drinks in light of five deaths attributed to its use. More recently, a Maryland family has asserted that the excessive caffeine in a Monster energy drink was toxic and caused the wrongful death of their 14-year old teenage daughter, who suffered from a heart condition.
]]> In response, representatives for Monster energy drinks are refuting the claim, insisting that her death was caused by her medical problem and not the drink itself. Monster's position, however, is contrary to that taken by the Maryland Medical Examiner who listed the girl's cause of death as "caffeine toxicity." The medical examiner appears to have made this determination after learning that over two days, the teenager consumed two Monster energy drinks.If the girl's family is successful in asserting a wrongful death lawsuit against Monster Beverage Corp., her family may be entitled to compensation, including damages for the loss of a loved one. It will be up to the courts to determine if the family can pursue a negligence claim again Monster for marketing and selling the highly caffeinated beverage.
Source: Reuters, "Monster Beverage says its drinks did not kill teenager," Martinne Geller, March 4, 2013
]]>Your doctor likely keeps your medical records in a computerized system. These electronic programs are a departure from the past when your medical information was hand written and kept in a paper file folder. Many experts agree that the current trend to digitalize medicine is desirable. Electronic records are supposed to minimize mistakes and help coordinate a patient's care across various specialties. However, there are critics of computerized medical records who warn that the new systems can cause widespread errors leading to medical malpractice.
Some people are concerned over the quality of these systems because there is no government or industry regulations in place to monitor them.. As a result some medical record keeping systems have been proven to be faulty. Reports indicate that one flawed software program had actually put patients at risk because patients' charts were updated with the wrong doctor's orders. . Another medical computer program generated thousands of improper prescriptions. There is even a report of a program that made an error in presenting a surgical image, which resulted in the surgeon making a mistake; the doctor performed wrong-site surgery on the patient.
]]> In addition to software glitches, patients have been harmed due to staff that incorrectly used medical computer systems. Patients have suffered from data entry errors, including one 2010 case where a baby died. Other patients have waited unnecessarily for care when test results were not timely recorded in the computer program.When you visit a medical provider, be aware that your doctor's medical electronic record system is not foolproof. If you suspect that your health has been harmed by a data entry mistake, doctor error, or computer software problem, you may want to . consult a legal professional to discuss your rights and remedies.
Source: Kaiser Health News, "Health technology's 'essential critic' warns of medical mistakes," Jay Hancock, Feb. 18, 2013
]]>For a long time, in premises liability cases in which a person was injured by an animal, Maryland law required plaintiff's to prove that an animal was dangerous. Then, a 2012 decision added another layer to this law which made owners of pit bulls, and third parties such as landlords, automatically liable if the animal were to injure someone. Since then, some Maryland residents have felt singled out simply because of the breed of dog they own.
]]> Since the 2012 decision, many animal rights groups argued that the language-specific law unfairly targeted one specific type of dog without taking into consideration that other breeds may also injure people. Fearing liability lawsuits, many landlords began refusing renters because they owned pit bulls.After months of debating the issue, the Maryland House of Delegates thinks that they may have a solution that will not only free the law of breed-specific language but will help those injured by other breeds of dogs have a better chance at holding dog owners responsible for their pets.
In a unanimous decision, the delegates approved a new bill that will overturn the 2012 law specific to pit bulls, instead holding all pet owners accountable for their pets. The language of the new bill also frees landlords from being held accountable for the actions of their tenant's dog. Another change in language will also require dog owners to prove that their dog is not dangerous, instead of the plaintiff having to prove a majority of fault.
Although the new law clears up a large portion of the controversy, it's still important to point out that pet attacks will happen regardless of the wording of laws. For victims who suffer injuries, seeking swift action against the animal's owner could be the best way to ensure that an accident such as that never happens again.
Source: The Washington Post, "Md. House unanimously approves dog bite legislation," Kate Havard, Feb. 21, 2013
]]>Although this blog focuses on personal injury and not employment rights, this question highlights a persistent issue facing workers in our state. Workers who are injured on the job, though protected from retaliation by the law, often times have a hard time preventing termination of employment because they have to prove their claim was the only reason they were fired. This brings up another important question: are employees not reporting injuries because they feel threatened with the thought of losing their job as a result?
]]> A Maryland legislative discussed current efforts to prevent this from happening but contentions are running high with both sides weighing in on the issues. Workers' rights activists feel that the new law-which would prevent employers from striking back at employees who file workers' compensation claims-can give employees a better sense of security when it comes to filing claims.Business supporters disagree, arguing that the new bill would open the flood gates to fraudulent claims. Some would point out however that if a person was injured on the job because of unsafe working conditions and this could be proven then no fraudulent claim could be filed in the first place.
According to many attorneys in the state, although current laws appear to be protecting workers' rights when filing injury reports, the application of these laws is flimsy at best leaving many people to suffer from injuries they deserve compensation for. Many people across the state hope that legislators can come to some agreement that can benefit both businesses as well as employees.
Source: The Washington Examiner, "Maryland workers' comp bill called 'anti-business'," Andy Brownfield, Feb. 19, 2013
]]>According to the lawsuit filed in December 2012, the family of an elderly man is suing three companies they believe are responsible for the man's death in 2010. In the lawsuit they name three medical supply companies: Diabetes Management and Supplies, Lifescan Inc, and Johnson & Johnson. It is in the family's opinion that their diabetes testing products were defective which caused the elderly man to accidently overdose on insulin that he was taking to manage his diabetes.
]]> The accidental overdose took place in December 2010 after his OneTouch Ultra Blood Glucose meter gave him a false reading. As a result, the elderly man injected himself with a higher-than-needed dosage which caused him to go into a diabetic coma. This coma inevitably contributed to his death one year later.The family learned a week after the man's death that a different company that also made diabetes testing equipment had issued a recall for defective testing strips. Although the three companies named in the suit have neither confirmed nor denied that their products were defective at the time of the fatal accident, it does lead many to wonder if this could have been the reason for the man's death.
A products liability case like this is not only alarming to the residents of the state in which it occurred but to people across the nation as well. Because these products were distributed nationwide, many more people may have become victims of wrongful death as a result.
Source: The Louisiana Record, "Johnson & Johnson and other insulin producers sued on wrongful death claims," Kyle Barnett, Feb. 15, 2013
]]>It was at this point that troopers from the Maryland State Police began putting the pieces of the accident together. From the preliminary investigation, at some point while driving down Pulaski Highway, the 25-year-old lost control of his vehicle, sending the car into a sideways slide into a guardrail.
]]> Although grateful that no one else was injured in the fatal car crash, investigators were still left with the daunting task of finding out what caused the accident in the first place. What caused the man to lose control of his car? Did another car suddenly cut into his lane, causing him to swerve out of the way? Were icy road conditions a factor? Or was a malfunction in the car to blame?It's questions like this that the man's family will likely want the investigators to answer as they continue through the grieving process. Although answers to these questions will never bring back their loved one, they can help guide them through the difficult process of civil litigation in the event that another driver's negligence is found to be the reason for the crash.
Everyone knows that accidents such as this can happen at any time and to anyone but despite this knowledge, nothing can prepare us for the outcomes they often times bring. That's why it's important to get the right answers from the police so you know what steps you need to take next.
Source: patch.com, "Baltimore Man Killed in Route 40 Crash Saturday," Elizabeth Janney, Feb. 2, 2013
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