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Posted On: August 24, 2009

Howard County, Maryland Nursing Home Negligence?: 91-Year-Old Resident is Murdered by Another Patient

On Saturday, 91-year-old James W. Brown, a nursing home resident at a Columbia, Maryland nursing home, died of head trauma after another patient attacked him at the assisted living facility where they were was residing. Earl Lafayette Wilder, 87, was charged with first- and second- degree assault and second- degree murder over the incident.

Police officers arrived at Harmony Hall, the Howard County assisted living facility, at around 4pm after being called in to investigate the assault. They say that Wilder started hitting Brown in the head while the two men were seated outside the nursing home. The two patients do not appear to have known each other before the attack and they don’t think that Brown provoked Wilder.

The 91-year-old assault victim was transported to a hospital after the incident where he later died. Brown’s death is the first homicide to occur in the county since October 2008.

Nursing Home Negligence
Maryland nursing home staffers are supposed to properly supervise residents so that they don’t get hurt or their health conditions don’t deteriorate further due to nursing home neglect. It is also the assisted living facility's responsibility to make sure that residents don’t hurt other residents. This means keeping a close watch on patients with criminal histories or dementia or other conditions that might make them prone to attacking another person and, if necessary, keeping them away from workers and the other patients.

If a nursing home resident gets hurt or dies because the assisted living facility neglected to protect him or her from harm, the nursing home could be held liable for Maryland nursing home negligence and/or wrongful death.

Many nursing home residents are too sick or weak to take care of themselves and their poor health makes them even more prone to serious injury or death in the event they become the victims of neglect, an injury accident, or any type of violent crime.

Md. Man Charged in Nursing Home Murder, My Fox DC, August 24, 2009

Man, 87, charged in death of fellow senior home resident, 91, The Baltimore Sun, August 24, 2009

Related Web Resources:
Aggression between nursing-home residents more common than widely believed, studies find, Cornell University, May 29, 2008

Nursing Home Abuse Overview, Justia

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Posted On: August 20, 2009

Maryland Woman Injured in Baltimore City Truck Accident Awarded $1 Million

In Maryland, Shannon Brown was awarded $1,063,807.37 for the Baltimore City truck accident injuries that she sustained on July 13, 2006. Brown fractured her leg and her right leg was crushed when a gas tanker truck ran a red light and struck the car that she was in. Fortunately, her baby, Elijah, was not injured even though he was in the car with her.

Brown had two undergo two surgeries for her fracture. A medical team inserted 18 screws and a plate in the leg that was crushed.

The Maryland truck accident lawsuit was filed in Baltimore City Circuit Court. The plaintiffs and defendants had disagreed over who was at fault in causing the Baltimore City truck collision. The jury, however, decided that an 11-year-old witness who testified that Brown was the one with the green light was the most credible. They also found the truck driver liable for causing the traffic crash. Prior to going to trial, Eastern Petroleum, the trucking company that was a defendant in the lawsuit, tried offering Brown a $25,000 Maryland personal injury settlement.

$1 million of the verdict is for pain and suffering. Brown’s noneconomic damages, however, will go down to under $729,000 because of Maryland’s cap on damages.

Traffic violations, such as running a red light, not stopping at a red light, failing to signal, and failing to obey the speed limit, can lead to catastrophic consequences if the driver ends up hitting another vehicle. As we reported earlier this month, on August 4, John R “Jack” Yates died when a truck struck his bicycle at an intersection in downtown Baltimore in a hit-and-run crash. Surveillance footage shows the vehicle making an abrupt right turn without signaling. The 67-year-old bicyclist got tangled under the truck’s rear tires and died at the Maryland truck accident site. Police are trying to find the truck driver.

Baltimore City Truck Accident Lawsuit Results in $1M Verdict, About Lawsuits, August 19, 2009

Attorney: Video of collision that killed cyclist shows truck at fault, Baltimore Sun, August 13, 2009

Continue reading " Maryland Woman Injured in Baltimore City Truck Accident Awarded $1 Million " »

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Posted In: Truck Accidents

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Posted On: August 18, 2009

Protecting Our Sick and Elderly From Maryland Nursing Home Abuse and Neglect

If you have a sick or elderly loved one who needs to be admitted to a Maryland nursing home, it is natural to feel anxious. Not only will you be sending your family member to live with a bunch of strangers and placing his or her medical care and well-being in their hands, but you likely have been hearing and reading a lot about the various incidents of nursing home neglect and abuse that have occurred in assisted living facilities throughout the US.

While there is no guarantee that your loved one won’t become the victim of nursing home abuse or neglect, you can decrease the chances that you are placing your elderly or sick loved on in an unsafe environment by actually visiting a number of Maryland facilities before deciding where your family member should live.

You will want to check out not only the living accommodations and recreational areas, but you will want to inspect the dining room and kitchen and quality of food that each assisted living facility provides their residents. You will also need to find out how much attention each patient receives.

Talk to the workers and maybe even some of the residents to get a sense of the place and the people who live and work at the nursing home. Is the atmosphere depressing? Are the facilities clean? What is the interaction like between the nursing home staffers and the patients? Do the residents appear content and relaxed to be at the nursing home? Are nursing home workers trained to deal with your loved one’s particular illness and needs? What is the ratio between the number of nurses and the number of patients?

Have Maryland nursing home negligence lawsuits been filed against a nursing home before? What was the outcome of the cases? Does the facility have a history of nursing home violations? What are they and have they been remedied?

Size Up a Nursing Home by Visiting, US News, March 11, 2009

Nursing home checklist, Medicare

Related Web Resources:
Maryland Nursing Home Guide, Maryland Health Care Commission

Nursing Homes in Maryland

Continue reading " Protecting Our Sick and Elderly From Maryland Nursing Home Abuse and Neglect " »

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Posted On: August 12, 2009

Deceased Westminster Man’s Family Sues University of Maryland Medical Center for Wrongful Death

The family of a 51-year-old patient who died after undergoing lung transplant surgery at the University of Maryland Medical Center is suing the hospital and subcontractor Coalition of Perfusion Services for his wrongful death.

Bryan Harris’s family claims that he died because a contract worker at UM Medical Center made a mistake when taking a clamp off after his June 2008 surgery. As a result, they contend that his blood had to be drained into a bucket.

Harris’s family says they were at first told that he died of natural causes and that the hospital told the medical examiner’s office that the patient died because of “multiple system organ failure.”

The surgeon’s report, however, shows that the clamp was taken off following surgery. It wasn’t until later that the medical examiner’s office changed Harris’s cause of death to acute blood loss.

Maryland Medical Malpractice
While it is important for surgeons and other staff members to exercise great caution when performing surgery, nurses, medical specialists, doctors, and others must also make sure that they do not make medical mistakes while caring for a patient after an operation.

Postoperative care should begin as soon as surgery is over. It is essential that medical workers monitor a patient’s condition, including their vitals, and check to make sure that they are properly regaining consciousness when it is time for them to wake up. Follow-up medical care may even be required after the patient has been discharged from the hospital.

Post-operative care mistakes can lead to deadly infection, blood clots, a pulmonary embolism, a stroke, a heart attack, sepsis, or other serious conditions.

It is important that the Maryland medical malpractice law firm that you retain to handle your case has the experience and resources to properly represent you so that you maximize your chances of obtaining the full financial recovery that you are owed.

Family sues UM Medical Center in death, The Baltimore Sun, July 30, 2009

Related Web Resources:
Medical Malpractice and Surgical errors/complications, Wrong Diagnosis, August 12, 2009

University of Maryland Medical Center

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Posted In: Medical Malpractice

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Posted On: August 6, 2009

Maryland Bicyclist Killed in Baltimore Box Truck Accident Involving Hit and Run Driver

A 67-year-old Baltimore bicyclist is dead after he was fatally struck in a Maryland truck accident. Police are currently searching for the hit-and-run trucker, who left the crash site.

The deadly Maryland bicycle accident occurred at the intersection of West Lafayette and Maryland Avenues. Investigators say that the truck struck Yates as it turned left on West Lafayette. According to witnesses, the cyclist appears to have gotten stuck beneath the truck’s back wheels.

Yates’s fatal injuries included massive trauma to his left leg and abdomen. His wife Ellen said he was on his bike running errands when the deadly Baltimore truck crash happened.

Police are still searching for the box truck driver.

According to Maryland’s State Highway Administration, from 2005 – 2008 about 7 people a year have died in Maryland bicycle accidents.

Proving liability in any kind of Maryland motor vehicle case can be tough and you will need all of the legal help that you can get. Often, when a bicyclist is involved in a traffic crash with another vehicle, it is the cyclist who will have sustained the most serious injuries.

In many cases, these injuries will be catastrophic if not fatal. In addition to medical costs for hospital stays, medical procedures, and rehabilitation expenses, there will also be lost wages to consider for time taken off work, property damage, and possible loss of future earning potential and benefits. It is also impossible to disregard the mental and emotional anguish and trauma that can affect the victim as well as family members.

Whether the responsible party is a driver who remained at the scene or a hit-and-run motorist, you are entitled to the maximum Maryland personal injury recovery possible.

Bicyclist killed in accident identified, Baltimore Sun, August 5, 2009

Cyclist Struck And Killed In Baltimore, WJZ, August 6, 2009

Related Web Resources:
Bicycles, NHTSA

Maryland State Highway Administration

Continue reading " Maryland Bicyclist Killed in Baltimore Box Truck Accident Involving Hit and Run Driver " »

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Posted In: Truck Accidents

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Posted On: August 3, 2009

Jury Awards $1.85 Maryland Wrongful Death Verdict to Couple Over Son’s Fatal Birthing Injury

A Montgomery County, Maryland jury has awarded John and Sandra Ketterman $1.85 million for their newborn’s wrongful death. Their son, Benjamin, died two days after he was born in July 2005.

The Kettermans had accused Dr. Leonard Bienkowski of negligently using vacuum extraction during their son’s delivery at Frederick Memorial hospital. In their Maryland wrongful death complaint, the couple contended that the doctor neglected to follow the standards of medical care and failed to warn them about the potential dangers associated with the procedure. They also claimed that Bienkowski opted to use this process even though their son wasn’t in distress. The Kettermans have said that if they had known of the risks, they would have opted for the doctor to deliver their son via emergency cesarean section.

Benjamin sustained a fatal birth injury when his head got stuck in the birth canal during delivery. The Maryland jury awarded $100,000 for the newborn’s pain and suffering before he died, $752,000 for economic damages, including funeral costs and medical expenses, and $500, 000 to each parent for their suffering.

Vacuum Extraction
During vacuum extraction, suction is applied to the child’s head to accelerate delivery and move the baby through the birth canal. Vacuum extraction is a procedure that can be used when the baby is in distress. While vacuum extraction is safer than other procedures, serious injuries can result, including traumatic brain injuries, bruises, a brain hemorrhage, cerebral palsy, shoulder dystocia, intracranial bleeding, erb’s palsy, jaundice, and developmental issues.

Birthing injuries can be grounds for a Maryland birthing malpractice lawsuit if your baby sustains injuries related to his or her birth. Parents may have grounds to sue a medical provider for wrongful death if their baby dies because of medical malpractice.

Couple wins $1.85 million judgment in child death, Washington Examiner/AP, August 2, 2009

Jury awards parents $1.85 million in infant's death, WTOP.com, July 31, 2009

Related Web Resources:
Vacuum Extraction, Is it Safe?, iVillage

Birth Trauma, eMedicine Pediatrics

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Posted In: Wrongful Death

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