Maryland Accident Law Blog

The decision by Maryland’s highest court to extend the doctrine of informed consent to doctors’ talks with patients about medical options has resulted in the reinstatement of a $13 million birthing malpractice verdict to a mother whose son was born with cerebral palsy. Peggy McQuitty and Dylan filed a Baltimore County medical malpractice lawsuit against Dr. Donald Spangler, their obstetrician in September 2001.

They accused Spangler of failing to tell her when she was 32 weeks pregnant, and an abnormality had been detected during an ultrasound, that if she had an immediate C-section her baby might be born healthy. McQuitty then experienced a complete uterine abruption several days later and had to undergo an emergency C-section.

A jury ruled issued its Maryland medical malpractice verdict in the plaintiffs’ favor. The judge, however, allowed the defendant’s request for judgment not withstanding verdict and noted that the doctrine of informed consent only applies to “affirmative violations of the patient’s physical integrity,” not the doctor’s inaction.

Maryland’s Informed Consent Law
The state’s law of informed consent requires a doctor to discuss a proposed procedure with a patient, explain the procedure to him or her, as well as provide information about possible risks so that the patient can make an informed decision. The physician cannot treat the patient without his or her consent.

In a unanimous decision, however, Maryland’s highest court held that under the informed consent doctrine doctors must not only tell patients about the risks of having surgery but they also must inform them of possible repercussions if they decide to not undergo a specific medical procedure.

Top court expands informed consent doctrine, The Daily Record, July 24, 2009

Related Web Resources:
Medical Malpractice, Justia

Cerebral Palsy

Related Web Resource:

Findings released from a new study this week report that texting while driving increases the chance that a truck driver will be involved in a truck crash or near-accident by 23 times. Researches from Virginia Tech’s Transportation Institute looked at commercial trucking information from two studies—one in 2003 and the other in 2007. 203 truck drivers who drove over 3 million miles took part in the studies. The institute studied 4,452 events considered “safety-critical,” including 197 near accidents and 21 truck crashes.

Video cameras were installed in large trucks that were used to shoot footage of truck drivers’ facial reactions in the final seconds right before a near miss truck crash or an actual truck accident. The footage showed that the main reason texting while driving is so dangerous for truck drivers is that they have to take their eyes off the road.

The institute’s Center for Truck and Bus Safety Rich Hanowski says that taking one’s eyes off the road when driving for more than two seconds is dangerous. Yet in the last six seconds right before these truck accidents and near collisions, a number of the truckers spent 4.6 seconds with their eyes on their communication device rather than the road. In that length of time, a truck moving at 55mph will have traveled a football field’s length.

Hanowski also said it was important to note that texting while driving isn’t just dangerous for truck drivers, it’s a safety risk for all drivers who do it. While it will be illegal for all Maryland motorists to text while driving October 2009—this isn’t always enough to get drivers to stop texting while driving. Yet the consequences can be catastrophic, such as when a large tractor-trailer ends up slamming into a small passenger car because a trucker was busy checking messages.

Texting while driving riskier than thought, study finds, Chicago Tribune, July 29, 2009

Texting and Driving Don't Mix, The Washington Post, July 29, 2009

New Data from VTTI Provides Insight into Cell Phone Use and Driving Distraction, Virginia Tech Transportation Institute, July 27, 2009 (PDF)

Related Web Resources:
Cell Phone Driving Laws, GHSA, July 2009

Continue reading " Maryland Truck Accidents 23 times more likely When Truck Drivers are Texting " »

Last week, the National Highway Traffic Safety Administration introduced new braking standards for truck tractors. Whereas the old standard required tractor-trailers moving at 60 mph come to a full stop within 355 feet, the new standard mandates a complete stop within 250 feet.

The federal agency estimates that this new standard will decrease the number of US truck accidents each year, preventing 300 serious injuries and saving 227 lives each year while reducing property damage expenses by more than $169 million a year. The new standard will be phased in over a four-year period starting with 2012 models and will hopefully accelerate the implementation of the newest brake technology into the country’s freight hauling fleets. According to the NHTSA, truck tractors make up about 99% of the fleets.

The NHTSA says there are several simple solutions that truck manufacturers can put into place to satisfy the final rule requirement, including using air disc brakes, enhanced drum brakes, or hybrid disc systems. The new truck brake requirement will hopefully play a role in continuing the overall decline in US truck crashes that occurred last year when 4,299 people died in large truck crashes—a 12% drop from the 4,822 truck accident fatalities that occurred in 2007.

Large truck crashes continue to claim too many lives in Maryland and the rest of the US. Because of this, many trucking companies are prepared to minimize liability over their alleged role in causing a Maryland truck accident. This is why it is important that you have your own Maryland personal injury team in place that will know how to protect your rights to recovery.

Tough New Braking Rules For Large Trucks Will Save Hundreds of Lives Annually, NHTSA, July 24, 2009

NHTSA to require trucks cut stopping distance, Tire Business, July 24, 2009

Related Web Resources:
Read the Final Rule (PDF)

2008 Traffic Safety Annual Assessment, NHTSA, June 2009 (PDF)

Yesterday, the parents of James Becker filed a $40 million Maryland personal injury lawsuit against the Woodcroft Swim Club and D.R.D. Pool Management Inc. They are accusing the defendants of failing to recognize and respond in timely manner to their son’s near drowning accident on July 29, 2006 and of neglecting to properly resuscitate him.

According to plaintiffs Mary Becker and William J. Becker III, James, then 15, was deprived of adequate oxygen to his brain for approximately 10 minutes. Paramedics arrived at the scene 13 minutes after the teenager was discovered without a pulse. By the time that they could feel James’s pulse, he had already sustained a traumatic brain injury.

The Becker family is seeking $36 million for James, who will require special care for the rest of his life, $3 million for expenses his parents have incurred as a result of his traumatic brain injury, and $1 million for Mary Becker, who experienced the trauma of seeing her son almost drown in the pool.

James, now 18, attends a special school for children who are developmentally disabled or have special needs. He is severely disabled, unable to speak, and must use a wheelchair. He should have been attending college this year.

The attorney representing the defendants says that James sustained a traumatic brain injury not because he almost drowned but because he had a heart attack while in the pool. The defendants deny any negligence on their part.

Near-Drowning Accidents
Near drowning accidents can lead to permanent traumatic brain injuries. This type of injury occurs when the brain is deprived of oxygen for an extended amount of time. Sometimes, it can take several years to know the full effects of a brain injury sustained during a near drowning accident.

Caring for someone with a traumatic brain injury can be very costly. It can also be devastating for the victim, who may no longer be able to live a normal life.

Youth's parents sue swim club for brain damage, The Baltimore Sun, July 24, 2009

Family Of Injured Teen Sues Swim Club For $40M, WBALTV.com, July 23, 2009

Related Web Resources:
Water-Related Injuries: Fact Sheet, CDC

Injury Facts Drowning, Safe Kids USA

The National Highway Traffic Safety Administration reportedly recommended as far back as 2002 that motorists not talk on cell phones while driving—unless in an emergency situation. The federal agency also recommended that drivers not use hands-held, as well as hands-free phones and even went so far as to note that establishing laws banning only handheld cell phones might not be enough to minimize the risks of using a phone while operating a motor vehicle.

The reason for this recommendation was that the NHTSA had in its possession hundreds of pages of research documenting the dangers associated with cell phone use while driving. Yet the recommendation and the research were never made available to the public. One reason for this was concern that Congress and other public officials would see the proposal as a form of lobbying.

The information finally became public after Public Citizen and the Center for Auto Safety, two public interest groups, managed to access the information via the Freedom of Information Act.

The question now being asked is how many lives could have been saved if people knew then what they know now about the risks involved with cell phone use while driving? When the NHTSA first made its proposal several years ago, there were more than 170 million people using cell phones in the country—now, there are more than 270 million cell phone subscribers. And now, more than ever, cell phone use while driving has become a bad driving habit that millions of motorist are finding hard to break.

Yet as more motor vehicle accidents are reported involving motorists that caused auto crashes because they were talking on a phone or text messaging, the consequences of cell phone use while driving can no longer be ignored. Even train operators have been found negligent for engaging in these bad habits and causing catastrophic train collisions.

While Maryland doesn’t have a ban on any kind of cell phone use for adult drivers—only for minor drivers—all drivers will be prohibited from text messaging beginning October 2009. The Maryland Highway Safety Foundation says it had been pushing for a hand-held cell phone ban, but with the latest revelations about the NHTSA’s suppressed findings, they may recommend a total ban on the use of all cell phones while driving.

U.S. Withheld Data on Driving Distractions, WBOC 16, July 22, 2009

Suppressed federal study having ripple effect in Md., Baltimore Sun, July 2009

The Truth About Cars and Cellphones, NY TImes, July 22, 2009

Related Web Resources:
Center for Auto Safety

Public Citizen

NHTSA

Maryland Highway Safety Foundation

Continue reading " Cell Phone Use While Driving: NHTSA Withheld Research Warning About Dangers " »

In the last year, hospitals in Maryland, the District, and Virginia have reported hundreds of medical incidents that have resulted in serious medical harm or death. That’s because new laws that went into effect in 2008 require these hospitals to notify health regulators about serious injuries sustained by patient during treatments. Health experts call these incidents “never events” that never should have happened.

Examples of some of the hospital errors that have been reported include medication mistakes, fall accidents, operations on the wrong body parts, and leaving surgical tools inside patients.

According to Maryland health regulators, insurers paid $522 million in 2008 for preventable complications in 55,000 of 800,000 inpatient cases that took place in hospitals. Now, some insurers are refusing to pay for a hospital's mistakes.

Beginning this month, the Maryland commission in charge of setting hospital ratings will let facilities that report the fewest amount of mistakes bill insurers at a higher rate, while hospitals with the most mistakes will have to bill a lower rate. Maryland hospitals also must come up with plans to prevent hospital mistakes from happening.

Between July 2007 and June 2008, clinics, hospitals, and nursing homes in the District reported 529 hospital mistakes—14 of which were fatal. IV-related infections, bedsores, and retained foreign objects during surgery were among the most common medical errors to occur.

Hospital Malpractice
Like all kinds of medical malpractice, hospital errors can be grounds for a Maryland medical malpractice or wrongful death lawsuit if a patient suffers serious injuries or dies as a result of a mistake that takes place in a hospital.

Examples of hospital mistakes:
• Medication mix-ups
• Wrong diagnosis
• Failure to provide the proper care
• Failure to properly monitor a patient’s vitals
• Failure to obtain informed consent
• Birthing errors
• Anesthesia errors
• Surgical mistakes
• Testing mistakes
• Delayed diagnosis
• Failure to prevent preventable infections

Hospitals Tally Their Avoidable Mistakes, The Washington Post, July 21, 2009

Medical Malpractice: When Can Patients Sue a Hospital for Negligence?, Nolo

Related Web Resources:
Maryland Hospital Patient Safety Program (PDF)

Driving under the influence of alcohol and drugs continues to destroy too many lives. Drunk driving and drugged driving are both careless acts that can be grounds for a Maryland car accident lawsuit if someone gets hurt or dies. On a positive note, however, the National Highway Traffic Safety Administration’s new roadside survey reported that the decline in the percentage of legally intoxicated drivers is continuing. Per the new survey, just 2.2% of drivers had a BAC of .08 or greater—compare this figure to 1973, when 7.5% of motorists had BACs registering at the legal limit or exceeded it.

The survey, gathered from roadside locations in 2007, also screened for other substances. 16.3% of nighttime weekend motorists tested drug positive for marijuana (8.6%), cocaine (3.9%), as well as prescription medications and over-the-counter drugs (3.9%). Drivers for the survey were chosen at random and given the opportunity to volunteer while remaining anonymous.

Out of 11,000 motorists, 90% gave breath samples and 70% gave saliva samples. Any motorist that was impaired or appeared to be driving under the influence of alcohol or drugs was not arrested. However, he or she wasn't allowed to get behind the steering wheel of the vehicle.

US Transportation Secretary Ray LaHood noted that while he was pleased that the fight against drunk driving is making headway, it was imported to remember that 13,000 people a year still die in US drunk driving crashes. He also emphasized the importance of reducing drug abuse and drugged driving.

The NHTSA wants to figure out how drug use is connected to driver impairment—especially as some drugs can stay in the body for weeks.

Other survey findings:
• There were 42% more male drivers than female motorists with illegal BAC levels.
• Motorists were more likely to be driving with a BAC greater than the legal drunk driving limit between 1am and 3am than during other hours of the day.
• Motorcycle riders were two times as likely to be drunk than the drivers of passenger vehicles.

According to the Governors Highway Safety Association, drugs are a factor in 18% of motor vehicle driver fatalities.

Driver Survey Finds Less Drinking, More Drugs, NY Times, July 13, 2009

Results of the 2007 National Roadside Survey of Alcohol and Drug Use by Drivers, NHTSA (PDF)

Related Web Resources:
Impaired Driving, CDC

Drugged Driving

Continue reading " Preventing Maryland Drunk Driving and Drugged Driving Accidents: NHTSA Roadside Survey Reports Decrease in Drunk Drivers " »

Two people died last Tuesday when a drunk driver hit the pickup truck they were riding in. The impact of the Maryland motor vehicle crash caused their vehicle to go over a guardrail and 60-feet down an embankment. The vehicle landed on its roof.

Killed in the deadly Potomac car accident were driver Gradys Mendoza, 39, and passenger Franklin Manzanares, 37. They were returning home from a construction job site when the deadly Maryland traffic accident happened.

The alleged drunk driver, 33-year-old Kelli R. Loos, was charged with failing to stop at an accident scene involving bodily injury and driving under the influence. Her blood alcohol level was .20—more than twice the legal limit.

Following the Potomac drunk driving accident, Loos reportedly told investigators that she had been at a Maryland bar.

Just last March, Montgomery police cited Loos with numerous citations, including failing to provide a written ID, failing to insure her Jeep, and driving on a suspended Virginia license. A warrant was issued for her arrest when she did not appear in court in June. Last November, Loos was cited for failure to obey a traffic signal and driving with a suspended license. She also had six previous traffic and speeding violations going as far back as 1994.

Driving Drunk
Driving drunk is always dangerous and places people’s lives at risk. It is a senseless way to die let alone cause injury or death to others. You can sue a Maryland drunk driver for personal injury or wrongful death.

Signs That There May Be a Drunk Driver Sharing the Road With You:

• Driving on a lane marker
• Making very wide turns
• Coming very close to hitting a motor vehicle or another object
• Weaving from one area of the road to the next
• Driving on the wrong side of the road
• Driving on the shoulder
• Driving way below the speed limit
• Excessive speeding
• Following too closely behind a vehicle
• Braking for no reason or repetitively
• Driving without the headlights on
• Stopping the vehicle for no reason, including at green lights

Suspect in Fatal Beltway Crash Was Over Alcohol Limit, Police Say, Washington Post, July 9, 2009

2 Killed by Alleged Drunk Driver, WTOP.com, July 8, 2009

Related Web Resources:
Motor Vehicle Safety, CDC

Maryland Drunk Driving Law, Alcoholism.About.com

Continue reading " Two Men Killed in Potomac, Maryland Drunk Driving Accident " »

A little over two years after 21-year-old Tyler Adams was killed in a Maryland motor vehicle crash while crossing Coastal Highway on June 17, 2007, his family has settled their wrongful death lawsuit with the defendant.

Adams, an Easton resident, and his friend Dale Blankenship were crossing the highway before 2am when a Jeep Cherokee driven by Brian Scott, 19, struck them. While Blankenship, also from Easton, sustained minor injuries, Adams died from his injuries.

No criminal charges were filed against Scott. Adams’s family sued him for Maryland wrongful death in August 2007. Their civil complaint sought $1.75 million in punitive and compensatory damages. The terms of the Maryland wrongful death settlement are confidential.

While Scott, a minor at the time of the deadly Maryland car crash, ran a red light and was suspected to be driving under the influence, Adams was also suspected of being under the influence and not in the crosswalk when the pedestrian accident occurred. The issue of whether or not there was actual presence of malice in the case has been an issue of debate during two years of legal wrangling.

Adam’s death was one of the 614 Maryland traffic crashes that occurred in 2007. And while one motor vehicle fatality or one pedestrian death is one fatality too many, it is good to note that there were less Maryland traffic fatalities-591 traffic deaths in 2008. There were also less drunk driving-related deaths—178 Maryland alcohol-impaired driving fatalities in 2007 compared to 152 in 2008. The number of Maryland pedestrian deaths for both years—116 pedestrian fatalities—stayed the same.

Losing someone you love in a Maryland pedestrian accident is devastating and can feel incredibly senseless and unfair. There are steps that you can take, however, to hold a negligent motorist liable for your loved one’s wrongful death.

In Maryland, the Court of Special Appeals has revived the wrongful death lawsuit a family that sued the University of Maryland Medical System Corp. for a woman’s wrong diagnosis that she had arthritis instead of a deadly cancer.

In March 2001, Rice was diagnosed with osteoarthritis. She had experienced pain in her left knee. It wasn’t until several months later that a ruptured cancerous cyst was found.

Rice had to undergo surgery, radiation, chemotherapy, and radiation. She died in March 2003. In November 2003, her children filed a claim with the Health Care Alternative Dispute Resolution Office. They said that delayed diagnosis and treatment contributed to her death. They waived arbitration and filed their Maryland wrongful death lawsuit in Baltimore City Circuit Court.

A Maryland jury awarded the family of Pearline Brown Rice $11 million for her 2003 medical malpractice-related death, but the verdict was reversed on appeal.

A new trial was going to take place but another lawsuit, Walzer v. Osborne, led to dismissal o the family’s case. Maryland’s high court determined that when a claimant doesn’t attach the expert’s report “in a timely manner,” the proper remedy is dismissal of a malpractice claim without prejudice.

UMMS submitted a motion to dismiss the wrongful death lawsuit because their 2003 claim did not include the report. The circuit court agreed and threw out the case.

The plaintiffs then appealed and filed a new Maryland wrongful death complaint in 2007 that included the report. A Maryland judge dismissed the second Maryland wrongful death complaint because it wasn’t filed during the three-year statute of limitations. Yesterday, the Court of Special Appeals determined that the dismissal was wrong.

Delayed Cancer Diagnosis
Cancer is a disease that must be diagnosed as soon as possible. Delayed diagnosis or the wrong diagnosis of cancer can cost a patient his or her life. It can also lead to more costly and invasive and painful medical procedures in an attempt to save the person’s life. Failure to diagnose cancer in a timely manner can be grounds for A Maryland medical malpractice claim or a wrongful death lawsuit.

CSA lets children who lost $11M verdict try again, The Daily Record, July 7, 2009

Misdiagnosis of Cancer, Wrong Diagnosis, July 8, 2009

Related Web Resources:
How to Avoid a Delayed Colon Cancer Diagnosis, About.com, January 11, 2007

Types of Wrong Diagnosis, Cure Research

Police in Maryland have arrested a Reisterstown pharmacist. They are accusing Ketankumar Arvind Patel of illegally selling over 23,000 prescription pills. Authorities say that this amount is equal to almost 28,000 pounds of marijuana or 63 kilograms of cocaine. Federal charges have been filed against the 47-year-old.

In the six-count indictment against him, Patel, an Eldersburg resident, is accused of using his Medicine Shoppe Pharmacy to fill bogus prescriptions for Oxycontin, Xanax, and Percocet. The Drug Enforcement Administration’s Baltimore office noted that these painkillers account for more overdose fatalities a year than cocaine and heroin together.

The regional agency is committed to fighting prescription drug abuse. Officials say they will treat pharmacists like “any other drug dealer.” If convicted on all counts, The Baltimore Sun reports that Patel could be ordered to serve a maximum 86 years in prison. He may also face over $26 million in fines.

The DEA says that close to 7 million Americans are hooked on prescription medications. Many abusers are “soccer moms” and white collar workers that don’t consider the drug as harmful as street drugs.

As we’ve witnessed with a couple of high profile celebrity deaths over the last two years, however, prescription drug addictions can prove fatal—as it did with actor Heath Ledger and possibly (pending investigation results) with pop star Michael Jackson.

Pharmacists can be held liable for Maryland pharmacy malpractice if someone gets hurt or dies because the wrong medication was administered, the wrong prescription drug instructions accompanied the correct medication, a prescription was illegally filled, or the wrong dose was issued. To determine if you have grounds for filing a Maryland personal injury or wrongful death case, you should contact our Maryland pharmacy injury lawyers to discuss your case.

Pharmacist accused of illegally selling pills, The Baltimore Sun, July 1, 2009

Druggist faces federal charges, Carroll County Times, July 1, 2009

Related Web Resources:
Many lawsuits against pharmacies settled in silence, USA Today, February 17, 2008

Pharmacists and medical malpractice, Wrong Diagnosis

Nearly one week after a tragic Maryland truck accident on Route 32 killed her 13-year-old son and injured her 5-year-old daughter, 51-year-old Kyong Hae Kim has died.

Kim, her son Vincent, and her daughter Jacqueline were headed to a riding lesson on June 12 when the Sykesville family’s Mazda 5 minivan collided with a flat-bed tow truck driven by truck driver Tymothy Thatcher.

Vincent was pronounced dead at Howard County Hospital. His 5-year-old sister was treated at Children’s Hospital in Washington and released two days later. Kim was pronounced dead at Maryland Shock Trauma Center on Monday night. Thatcher was not injured in the truck accident.

Police are investigating the cause of the Sykesville truck collision.

Maryland Truck Accident Lawsuits
Pursuing your Maryland truck crash claim without the help of a Baltimore personal injury law firm representing you can get tricky. Trucking companies are equipped to combat liability claims filed against them, which is why you need your own truck crash legal team to look out for your best interests and protect your legal rights.

One common argument that a trucking company might use to combat a Maryland personal injury case is to place the blame on the injured party. The truck crash defendant may accuse the motor vehicle of unsafe passing, driving into opposing traffic, drunk driving, failing to stop, failing to yield, following too closely, speeding, distracted driving, or improperly merging. The trucking company might also claim that the truck driver was an independent contractor (rather than an employee) or blame the manufacturer of a specific truck part for a defect that caused the truck collision.

It is also not uncommon for a trucking company, a leasing company, the company that owns the cargo being transported, or another involved party to blame the other parties for the motor vehicle accident.

This is why you need to contact an experienced Maryland truck crash law firm as soon as possible.

Mother dies after crash that killed son, The Baltimore Sun, July 1, 2009

Route 32 crash claims 2nd life, mother of 13-year-old, Howard County Times, June 30, 2009

Related Web Resources:
Teen killed in Howard crash remembered as inspiration, Baltimore Sun, June 26, 2009

FMCSA

Continue reading " Sykesville Mother Dies from Injuries Sustained in Tragic Maryland Truck Accident that Killed Her Teenage Son and Injured Her Daughter " »