Maryland Injury Blog

June 2008 death has prompted a lawsuit

2010-06-10T19:55:35Z

In June of 2008 a former professional football player died at a Pennsylvania Hospital. The family has filed a lawsuit claiming that the hospital and its doctors were negligent and the Plainitff died as a result. Allegedly, the Plainitff had back surgery a few days before he was rushed to the same hopsital where he had the back surgery. The lawsuit alleges that the plaintiff was diagnosed with a pulmonary embolism and died a few weeks later. The lawsuit claims that the doctors and the hospital missed nuumerous opportunities to save the life of the Plainitff. For more information on wrongful death cases please click here.

Mini Mental Status Exam

2010-03-05T13:42:29Z

There is a rather simple neurological test used by neurologists to determine the mental status of a patient. It is called a Mini Mental Status Exam. This is a series of 9-10 questions including repeating words back, counting backwards from 100, dividing by 7's, naming the President, date, copying a clock with a certain time, and a pentagon. It is an extremely rough measure of competence or capacity. A score of 21 is consistent with lacking capacity. However, this is not an extensive, sophisticated test but is helpful in determining what might need to be done for the patient in the futureMaryland Personal Injury Lawyer.

Cyclist killed by emergency vehicles

2010-03-04T16:00:14Z

A Houston cyclist was recently killed in a crash between two fire trucks last year. The young lady involved died two weeks after the March 2009. The fire trucks were apparently speeding to a false alarm. The victim was standing on the corner with her bike when a ladder truck rolled onto her. The case has apparently settled for $ 225,000. Emergency vehicle do not have the unabated right of way while traveling on public roads. They are required to have their lights and sirens operating and must also use reasonable care at intersections that are controlled by traffic control signal. Although emergency vehicles do have limited immunity in Maryland, there are many claims that can be made against the operator of an emergency vehicle depending upon the facts of each case. Maryland Accident Lawyer

Tractor Trailer Crash

2010-02-08T15:39:17Z

A Virginia jury awarded in excess of $5 million in a wrongful death action involving a tractor trailer accident. The tractor trailer had defective parts but the driver was allowed to drive the vehicle anyway even though his employer was aware of the defective parts. The verdict was rendered against both the driver and owner. In addition, the jury found that the company failed to properly supervise the driver. In the accident a teenager was killed. These type of accidents frequently involve catastrophic injuries. There are Federal and State requirements for tractor trialer drivers and owners. There are many theories of liability as well. Tractor Trailer Accident.

Single Car Accident

2010-02-04T14:40:58Z

Single car accident. In Romero v. Brenes, No. 1504 September Term 2008 the Maryland Court of Special Appeals held that there was sufficient evidence produced at trial to present the issues to the jury for deliberation. The case involved a small car being operated at approximately 60 miles per hour (twenty miles over the speed limit), traveling in the curb lane striking the curb, losing control and going across the highway striking a pole and killing a passenger. In this case the trial court granted a motion to dismiss for the defendant. The appellate court held that either the speed, res ipsa loquitor or unexplained loss of control would have been sufficient for the case to be determined by a jury and the dismissal was improper. The case was reversed and remanded for trial.

Punitive Damages

2010-02-02T19:25:58Z

These damages are extremely rare in Maryland. Courts & Judicial Proceedings 10-913 provides that in any action for punitive damages for personal injury, evidence of the defendant's financial means is not admissible until there has been a finding of liability and that punitive damages are supportable under the facts. For example, punitive damages are not awarded for an accident caused by a drunk driver. One needs to virtuaklly show intent to harm before punitive damages can be awarded in Maryland. See Komornick v. Sparks, 331 Md. 720, 629 A. 2d 721 (1993). Drunk Driver and Puinitive damages.

Settlement of a Case Involving a Minor

2010-01-29T14:23:00Z

The settlement of a case involving a minor in Maryland is controlled by Maryland Code, Estates & Trusts Article, Section13-403. Any disbursement to the client that exceeds the statutory limit would require the net proceeds check to be written in such a way to provide for a guardianship account to be set up on behalf of the child at a bank. there is no requirement that the settlement be approved by the court. However, the insurance company frequently will want to obtain court approval of the settlement to protect their insured from any possible future claims. In any event, the Plaintiff's attorney may also wish to get court approval to provide for prima facie proof that the settlement was fair and reasonable.

Do unnecessary surgeries equate to malpractice?

2010-01-12T20:18:14Z

A jury in Illinois recently awarded a woman $ 5 million because a physician performed an unnecessary hysterectomy. Apparently the Plaintiff did not need the procedure at all but the doctor performed it anyway. Clearly this was a breach of the standard of care required of a physician. The Hippocatic oath requires a doctor first to "do no harm". In this case, that is exactly what the doctor did. Now the woman cannot bear children and will have permanent hormonal changes, all because a doctor failed to do what he was supposed to do. If you or a loved one has been the victim of what you believe to be medical malpractice, please call one of our lawyers for a free consultation today. http://www.foranlaw.com/resources/maryland-medical-malpractice-lawyer/maryland-medical-malpractice-lawyer.html

Large verdict in an accident case

2009-12-21T18:46:21Z

A jury in Illinois recently awarded $ 24 million to a man who was injured in a crash with a state vehicle. The accident left the 24 year old Plaintiff unable to walk without assistance and basically confined him to a wheelchair. This award was one of the largest in the Cook County recent history. If you or a loved one has been seriously injured as a result of a vehicle accident, contact one of our attorneys for a free consultation. All of our fees are contingent fees so you have nothing to lose. We have experience with all types of vehicle accidents including automobiles, trucks, tractor trailers, buses, trains and airplanes.

Necrotizing Fasciitis

2009-11-20T19:02:27Z

Have you heard about Necrotizing fasciitis? Necrotizing fasciitis is a rare bacterial infection that destroys skin and soft tissues. This disease is often referred to the "flesh-eating" bacteria because the tissues often die rapidly. This disease is rare, but very serious as 30% of those people who develop the disease die from it. Most people who get this disease are usually in good health. However, those who have an increased risk of contracting the disease include those: who have a weakened immune system or chronic health problems; those who have had chickenpox or other viral infections or who use steroid machines; and those who have cuts including surgical wounds from operations. People can get this condition while in a hospital after treatment. More about hospital negligence.

Necrotizing fasciitis is caused by several bacteria, but the most common cause is infection by a group A strep bacteria. Most often, the infections caused by these bacteria are mild, but in some cases they can damage the soft tissue below the skin, leading to a more dangerous, faster-spreading infection. Another type of this disease may be caused by multiple bacteria found in the intestine. Gunshot injuries, intestinal surgery, or tumors in the lower digestive tract are also cases where necrotizing fasciitis may develop. Necrotizing fasciitis caused by Group A strep can be passed from person to person, but is usually not serious unless that person has an open wound or an impaired immune system.

Symptoms include fever, chills, nausea, vomiting, and diarrhea. Most often, a person may appear to be getting better from an injury and then suddenly gets worse. The skin may then become red, swollen, and hot to touch. This infection may spread rapidly and can quickly become life-threatening, leading to organ failure or death. Doctors can diagnose necrotizing fasciitis because of how fast the symptoms appear and how quickly the disease is spreading. Immediate medical care is necessary to stop the spread of the infection. Antibiotics are used to kill the bacteria and some people will require surgery. To help prevent infection, people should practice good hand washing habits and always keep open wounds clean

Large verdict in an accident case

2009-11-11T18:52:45Z

In an egregious situation, an Indiana jury awarded $ 10.2 million to a family of a worker who was killed in a construction accident in 2006. The workers were apparently allowed to ride on flatbed trucks without hard hats. This is against virtually any Federal, State or local rule or regulation. There was likely a claim of contributory negligence in the case because it now appears to be headed towards an appeal. In any event, an employer does have a responsibility to assure compliance with safety standards on the job. OSHA requires hard hats in many instances. The burden is on the employer to assure employees comply with OSHA. In Maryland, the sole remedy might be just a worker's compensation claim unless that at fault driver was somebody from another company or contractor. http://www.foranlaw.com/resources/maryland-auto-accident-lawyer/maryland-auto-accident-lawyer.html

Florida Medical Malpractice

2009-11-02T18:53:29Z

A Florida jury awarded $ 4.3 million to the family of a girl who was misdiagnosed at birth. The doctors failed to perform routine tests and ignored signs and symptoms that indicated the child had an enterovirus. This illness is usually fairly mild but can become lethal if not diagnosed properly. Unfortunately, the child contracted severe liver cirrhosis as a result of the failure of the doctors to live up to the standard of care required. The attorneys at Foran & Foran, P.A. are prepared to review any medical malpractice case you may have. Please arrange an appointment for a free consult. All of our fees are contingent fees so you will owe nothing in fees if we are unsuccessful.

Unfair Insurance Practices Act

2009-10-28T17:54:22Z

Connecticut is considering legislation that would force insurers to handle claims more fairly. The legislation would allow consumers to file lawsuits against insurers for unfair claims practices. Presently, only the insurance commissioner is allowed to bring such an action. Direct actions by consumers, it is argued, would force insurers to treat consumers fairly. Many states have what is commonly called an Unfair Insurance Practices Act.

Lawsuit involving faulty tree stand

2009-10-27T17:56:07Z

A deceased man's family was recently awarded one hundred fifty seven million dollars from three companies after a tree stand he was using for hunting collapsed. Prior to the incident the Consumer Product Safety Commission had recalled the stand as a result of safety problems discovered with the stands. None of the three companies appeared to raise any defenses to the lawsuit. More information on products liability.

Zoo attack settlement

2009-10-27T17:54:54Z

The Estate and family of the young boy who was savagely attacked and killed by a tiger in the San Francisco Zoo has settled their case. Two other boys who were also attacked have yet to settle. The Zoo paid a confidential amount for the settlement. They also agreed to erect a memorial in the boy's honor