Murtha has been the Pennsylvania’s 12th Congressional District Representative since 1974 and was number eight in the chamber in terms of seniority. He was the first Vietnam War veteran elected to the US Congress. In 2005, he shocked Washington when he called for the US to withdraw from Iraq.
Murtha leaves behind his wife and three children.
Maryland Surgical Malpractice
If doctors made a medical mistake that caused Murtha’s health complications, the congressman’s family may have grounds for filing a Maryland medical malpractice lawsuit against the hospital and the medical professionals involved in the gallbladder surgery.
Laparascopic gallbladder surgery
Laparascopic gallbladder surgery involves the removal of the gallbladder without having to open the abdominal cavity. During this minimally invasive procedure, a small incision is made and a trocar is inserted. A video camera and small surgical tools are inserted using the trocar so the surgery can be conducted. Surgeons can watch the surgery on a monitor that airs what the video camera inside the body is recording.
It is important that a surgeon cut or clip in the right places in order to safely remove the gallbladder. Cutting the wrong anatomical part can cause serious injury or death. Other serious side effects include bile peritonitis, bile leakage, abscess, cholangitis, and infection.
Surgeons can be held liable for Maryland surgical malpractice if their medical mistake, carelessness, or recklessness causes personal injury or wrongful death to a patient.
Congressman: Murtha's intestine damaged in surgery, Washington Post, February 8, 2010
Rep. John Murtha dies after surgery complications, CNN, February 8, 2010
Related Web Resources:
Laparascopic gallbladder surgery, FamilyDoctor.org
Medical Malpractice, Justia
Hayter, 58, was seriously injured in the Maryland auto accident. He was transported by air to Washington County Hospital.
Meantime, the teen driver sustained minor injuries. He is charged with negligent driving.
Distracted Driving
Teen drivers, who are more easily distracted and less experienced than their older motorist counterparts, are already at greater risk of being involved in a motor vehicle collision. Add the additional distraction of talking on a phone or texting while driving, and the consequences can prove fatal.
In Maryland, drivers younger than age 18 with a provisional or a learner driver’s license are prohibited from using any kind of cell phone while driving. All other motorists are allowed to drive and use a cell phone at the same time. Texting while driving in Maryland, however, is banned completely.
Although it now has been confirmed that talking on any kind of cell phone is dangerous—there is no US state that completely bans this distracted driving habit and there are only six US states that ban the use of handheld cell phones—it is impossible to ignore the fact that at least 1.6 million US motor vehicle accidents a year are caused by texting and cell phone using drivers.
If a motorist causes a car accident while talking on a cell phone, he or she can be charged with negligent driving, and injury victims may choose to file a lawsuit for Maryland personal injury or a wrongful death.
Police: Teen on Cell Phone Causes Bad Accident, Your4State, February 4, 2010
Teen motorist talking on cell phone strikes stopped SUV, The Herald-Mail, February 3, 2010
Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association, February 2010
According to the Maryland police brutality lawsuit, Madison was arrested on June 11, 2009 just hours after police stopped him in Bel Air. The 48-year-old was let go after he told them he was looking for a friend in the area. Police officer followed him and arrested him for trespassing. He was transported to the Harford County Detention Center.
Police claim that Madison asked to be arrested so he would have some place to go. They then contend that while in custody, he became uncooperative and grabbed and choked one of the guards. Police TASERed Madison, who fell and struck his head.
The Maryland wrongful death lawsuit claims that the following day, a civilian jail worker and three corrections officers assaulted Madison, who had a severe head injury. Even though it was allegedly obvious to those involved that Madison was dying, they continued to Taser him, causing his death. Madison died at Maryland Shock Trauma Center in Baltimore on June 13.
The family’s wrongful death lawsuit, filed in U.S. District Court in Baltimore, says the corrections employees and deputies directly caused his wrongful death and violated his legal rights. It also alleges that the defendants have consistently engaged in “condoning its officers’ pervasive misconduct and abuse of authority.”
Arresting someone without just cause and using excessive force to detain them are both possible grounds for suing the police for Maryland personal injury.
Even if you did break the law, police must still uphold your civil rights. Unfortunately, many people are too scared to speak out for fear of repercussions.
$145 million wrongful death lawsuit filed against county, sheriff's office, Explore Harford, February 2, 2010
Related Web Resources:
Read the Police Press Release, Harford Sheriff, June 13, 2009
Following the deadly Maryland train collision, the MTA said the two teens had their backs to the trains when they were hit from behind. A spokesperson says the two boys thought the train was using the other track as it approached them. The public is not allowed to be on the tracks unless they are at designated crossing areas.
The train’s operator reportedly did not notice that the train had hit the two boys and did not stop. The operator of a second train that later passed through also failed to see the teenagers. It wasn’t until a third train came through that a fare inspector saw their severely injured bodies.
Two train operators were fired and six other workers were disciplined over the tragic Baltimore County train accident. No criminal charges were filed over the deadly incident.
The families’ Maryland injury attorney notified the state that they planned to sue. A Baltimore County wrongful death settlement was reached before the families filed their lawsuit. The lawyer noted that even though state law prevents plaintiffs who contributed to their personal injury from recovering damages, the Maryland’s wrongful death law has a provision that holds responsible the party that has the “last clear chance” of preventing an injury accident from happening.
Maryland Train Accident Injuries to Pedestrians
Pedestrians that are struck by trains will likely have sustained serious have sustained serious injuries that require medical attention as soon as possible. Train operators must exercise caution that they don’t accidentally strike someone or, if they do, that they get that person medical help right away. Some common causes of train accidents include mechanical failure, operator error, inadequate maintenance, and speeding.
State OKs $1.5 million settlement in case of teens killed by light rail train, The Baltimore Sun, January 21, 2010
MTA Says It Plans To Fire 2 For Deadly Accident, WJZ, December 18, 2009
Related Web Resources:
Maryland Board of Public Works
The researchers looked at the medical records of 300 children with traumatic brain injuries who were treated at McMaster Children’s Hospital in Canada. 102 of them were diagnosed with having a concussion. 385 of the kids diagnosed with a concussion actually had a mild TBI, while 24% in fact had a serious or moderate TBI.
According to Professor Carol DeMatteo of the CanChild Centre for Childhood Disability Research at McMaster University, in each case involving a child diagnosed with a concussion, the patient and their parents did not think the injury was serious. DeMatteo says this can be a problem.
According to the study’s findings, kids that were diagnosed with having concussion diagnosis spent less time in the hospital than children who were diagnosed with a mild brain injury. They also went back to school and resumed playing sports sooner than kids diagnosed with more serious brain injuries.
DeMatteo notes that if a child isn’t given enough time to recover, more concussions may occur and the risk of permanent brain damage increases.
Brain Injuries to Children
Brain injury is one of the most common causes of death and disability to young children. If your son or daughter suffers an injury to the head, it is important that you get medical help right away. What may appear to be a mild injury to the head may actually be a brain injury.
If your child sustained a TBI in a car crash, fall accident on another person’s property, or another kind of injury accident, you may have grounds for filing a Maryland traumatic brain injury lawsuit involving injuries to minors.
Concussion needs a new name, researchers say, Globe Life, January 17, 2010
Children and Traumatic Brain Injury, TBI Resource Guide, Centre for Neuro Skills
Related Web Resources:
Concussion, Empowered Doctor
According to the Baltimore Sun, there were patients at St. Joseph who underwent the procedure even though the blockage in their arteries was minor. For example, one man who received a stent only had 10% blockage, but the hospital told him that the blockage was 95%. Another woman was wrongly diagnosed with a heart condition and received a stent because she was told her arteries had a 90% blockage. In fact, the blockage was no more than 10%.
Cardiac Catheterization
Coronary stents are used to open up clogged arteries or create a bridge where there is damage. Stents are usually implanted during cardiac catheterization. During this medical procedure, the device can be implanted into the arteries through the leg and via the bloodstream. Cardiac catheterization can be costly, and many insurers, as well as Medicare, require that an artery must have at least 70% blockage before a stent can be inserted. Although generally a safe procedure, serious health complications, such as infection, bleeding, blood vessel damage, allergic reaction, blood clots, heart attack, stroke, arrhythmias, low blood pressure, and kidney damage, can occur.
If you were wrongly diagnosed with an illness or health condition, were advised to undergo a medical procedure you did not need, were given the wrong medication, or if a medical mistake occurred during treatment, you may have grounds for filing a Maryland medical malpractice lawsuit against those responsible.
Undergoing any type of medical procedure can take a physical and emotional toll on a patient. There is no reason to undergo an unnecessary procedures that can place your life at risk, take an emotional and physical toll on you, and require time off for recovery.
Md. heart patients may not have needed stents, Washington Post/AP, January 15, 2010
Patients learn they might have unneeded stents, Baltimore Sun, January 15, 2010
What Are the Risks of Cardiac Catheterization?, National Heart Lung and Blood Institute
Related Web Resources:
St. Joseph Medical Center
Cardiac Catheterization, American Heart Association
]]> The best way to determine whether you have grounds for filing a civil case is to speak with an experienced Baltimore County medical malpractice law firm. ]]>Thomas says he and his friend, 32-year-old Pasadena resident Leshon C. Ruffin, were the only two people who were thrown in jail where he stayed for 12 hours. Now, he is seeking $30,000 in damages.
Cpl. Russell Hewitt III, who is a defendant in the Maryland false arrest lawsuit, claims in charging documents that Ruffin was apprehended for trying to approach officers while they were doing their job. He says he arrested Thomas because he was causing a disturbance with his yelling.
Thomas’s attorney, however, says that Thomas and Ruffin were behaving in a nondisruptive manner while others around them were shouting out profanities. All charges against the two men were dropped. Thomas has said that because he and his friend are black he thinks race was a factor. Two white people that also were handcuffed were released at the scene.
Thomas's Maryland civil rights violation lawsuit is seeking $30,000 in damages.
Maryland False Arrest Lawsuit
A police officer who has violated a person’s civil rights can be sued for damages. Making false arrests, wrongful imprisonment, excessive use of force, verbal abuse, harassment, torture, intimidating tactics, and sexual assaulting a suspect or prisoner can be grounds for a civil lawsuit against the offending police officer, his/her police department, and possibly even the city or the county where the violation took place.
You don’t have to be afraid about coming forward if you were the victim of Maryland police brutality or were falsely arrested without just cause.
Man sues county police for arrest, HometownGlenburnie.com, January 2, 2010
Related Web Resources:
Anne Arundel County
False Arrests, Convictions and Imprisonments, New York Times
]]> Contact our Anne Arundel County injury law firm today.]]>Simmons’ family had accused counselors of holding him face down and sitting on him for about three hours. Simmons, a Baltimore 17-year-old, eventually lost consciousness and stopped breathing. The counselors are accused of waiting 41 minutes after Simmons became unresponsive to contact 911. Simmons was pronounced dead at Carroll Hospital Center. Following the tragic incident, Bowling Brook maintained that its staff followed appropriate procedures and denied that workers knelt or sat on Simmons’ head or torso.
Per the school's report, on January 23, 2007, a staff member questioned Simmons about threats he allegedly made. The teenager allegedly made more threats and at around 4:45 pm, staff members and students restrained him. An ambulance was called at about 8:15 pm.
A school staff member told a 911 dispatcher that the restraint methods the counselors used on Simmons were not unusual. The employee said that the school had dealt with other aggressive kids in similar fashion.
Student eyewitnesses claim that five staffers were sitting on Simmons. One student says Simmons told them he couldn’t breathe and that he was in pain but the counselors didn’t believe him.
The reform school was eventually shut down. It reopened last year under new management. The school is now called Silver Oak Academy.
The $1.2 million Baltimore wrongful death settlement is the maximum allowed under Maryland personal injury law.
CPR, 911 call for youth were delayed, ISACCORP.org, January 31, 2007
Family of teen who died settles with Bowling Brook, state, Baltimore Sun, January 7, 2010
Related Web Resources:
Maryland Department of Juvenile Services
Wrongful Death, Nolo
]]>According to reports, the 60-foot tree fell against a maple tree. This caused the maple branches to give way and the hickory and a number of large branches to hit the ground, striking Asid and another child. The girl, 10, has been released from Carroll Hospital Center.
The Carroll County sheriff’s office is determining what caused the tree to fall. Winds hitting speeds of up to 35 mph on the day of the accident may have been a factor.
Falling Tree Accidents
Falling tree accidents are not as uncommon as they sound and can cause catastrophic injuries to children and adults. Trees in parks, public areas, and other places frequented by children and other members of the public must be properly maintained so that they don’t pose a premise liability. If a property owner or overseer could (and should have) been taken to prevent the premises liability accident from happening, the victim or surviving family members can sue for Maryland personal injury or wrongful death.
Just last year, a 30-year-old man died after he was hit by a tree branch that fell in New York’s Central Park. In December, a wrongful death settlement was reached with the family of a woman who died after a tree fell on the car that she and her daughter were riding. The tree’s decaying root system contributed to its fall.
Falling tree injures children, Carroll County Times, January 6, 2010
Update: Boy, 9, injured by falling tree at Hashawha Environmental Center, dies, Carroll Eagle, January 1, 2010
Related Web Resources:
Hashawha Environmental Center
Recognizing Tree Hazards, Trees are Good
]]>According to the researchers, texting presents a 50% greater car crash risk than talking does. One reason for this is that reading or writing texts takes a driver’s attention completely off the road. Meantime, talking on the cell phone while driving at the same time divides the motorist’s attention between both tasks. However, this is not to say that it is safe to talk on the phone while operating an auto.
The study’s lead psychologist, Frank Drews, says that he and other researchers asked 20 motorists, ages 19 to 23, to drive in a “high fidelity driving simulator.” All of the participant drivers were seasoned texters.
The researchers say that compared to drivers who did not text or talk on the cell phone, motorists’ median reaction time went up 30% while they texted. Drivers’ median reaction time rose by 9% when talking on a cell phone. The study also reports that it is more distracting to read text messages than it is to compose them.
Distracted Driving Accidents
This past year, federal and state transportation safety officials have stepped up their efforts to make sure motorists are aware of how dangerous it is to text while driving. In September, Maryland’s statewide ban on texting while driving went into effect. Also that month, federal transportation officials kicked off a two-day distracted driving summit in Washington DC. This week, the National Highway Traffic Safety Administration launched it’s distracted driving Web site, and President Obama’s executive order banning all federal workers from texting when driving goes into effect today.
Unfortunately, distracted driving continues to be a leading cause of Maryland car crashes. Like drunk driving accidents, distracted driving crashes are preventable.
Research: Texting while driving leads to six-fold increase in accidents, TopNews, December 22, 2009
Texting While Driving Raises Crash Risk Sixfold, BusinessWeek, December 21, 2009
Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association
The CPSC has recalled all Simplicity drop-side cribs—over 2 million—in the last four years. However, Simplicity is not the only crib maker whose drop side cribs have been recalled. Last month, the CPSC recalled 2.1 million Stork Craft Manufacturing drop-side cribs after reports of four infant suffocations. Two of the other drop-side sleeper recalls: 1.6 million Delta drop side cribs following two infant deaths and about 2000 Playkids USA portable cribs after a 5-month old suffocated when he became entrapped between the drop-side rail and the mattress.
While drop-side cribs are popular with consumers because the side that drops makes it easy for adults to lift their kids into and out of the supposedly secure beds, there have been so many reported child injuries and deaths involving this kind of crib that some crib manufacturers have called for a ban on all drop-side cribs. Broken and missing pieces, poor design, poor assembly directions, and defective materials are some of the product defects that have led to drop-side crib-related entrapment accidents, fall accidents, and strangulation accidents.
Our Maryland injuries to minors and children lawyers handle products liability claims for families seeking damages for a child's personal injury or wrongful death. We'd be happy to discuss your defective crib case during your free consultation.
Drop-side cribs are not the only child sleepers considered an entrapment hazard. Last month the CPSC recalled approximately 24,000 Amby Baby Motion Beds/Hammocks. Two infants died from suffocation while in an Amby Baby Hammock. The movement of the hammock makes it easy for the infant to roll into and get stuck against the mattress pad and/or fabric.
11 baby deaths now linked to Simplicity cribs, AP/Google, December 17, 2009
Infant Suffocation Deaths Prompt Recall of Amby Baby Motion Beds/Hammocks, CPSC, December 8, 2009
Related Web Resources:
Crib Safety, HealthBanks
Will Drop-Side Cribs Be Banned?, ParentDish
]]> Contact our Maryland products liability attorneys today. ]]>In June, the 57-year-old trucker’s family filed a $7 million Maryland wrongful death lawsuit against 19-year-old Candy Lynn Baldwin, who had fallen asleep while driving.
While Baldwin, who had been drinking before the tragic Maryland truck crash, did not have a blood alcohol level high enough for her to be charged with drunk driving, Short’s family says her results would have been different if authorities had tested her BAC right after the truck collision. They have pointed to her MySpace page, which included pictures of Baldwin, a minor, drinking alcohol. One photo shows her holding a bottle of alcohol while she’s seated in the driver’s seat of a motor vehicle.
Now, Short’s family is also suing the state of Maryland for wrongful death. They are citing poor maintenance and inspection of the bridge. While the walls are there as a protective barrier, they obviously weren’t enough to keep Short’s large truck from crashing into the water. Their wrongful death complaint also contends that the two-way traffic allowed the bridge has led to a number of fatalities.
Since the fatal truck collision that claimed Short’s life, Maryland has spent $3 million repairing and inspecting the bridge’s sidewalls.
Truck Accidents Involving Truck Driver Victims
While the majority of truck accident fatalities are the people who weren’t riding in the large trucks when the catastrophic traffic collisions happened, truck drivers do get injured or killed in truck crashes that are caused by other negligent parties.
Md. Named In Fatal Bay Bridge Crash Suit, WJZ, December 12, 2009
Trucker's Family Sues Over Bay Bridge Fatal Crash, ABC2News.com
Related Web Resources:
Maryland
Williams claims that Suggs physically abused her twice last month. She contends that on November 3, the football player broke her nose when he hit her face. Williams alleges that on November 29, Suggs poured chemical bleach on her body and threatened to drown her in the strong liquid.
She filed a restraining order against him last week. On Friday, a judge granted an order preventing Suggs from contacting Williams.
She is also suing for custody of the two small children she claims she shares with the football player.
No criminal charges have been filed against Suggs over Williams’ allegations. Police say they don’t have a record of emergency phone calls made from the home that Williams and Suggs share.
Maryland Personal Injury
If you have been a victim of physical assault, you may have grounds for filing a Maryland injury lawsuit against your assailant. A civil complaint is separate from a criminal case and allows an injury victim to obtain financial recovery for any harm suffered. Personal injury compensation can include damages for medical costs, recovery, pain and suffering, lost wages, and other damages.
There are domestic violence victims and victims of other violent crimes inflicted by stranger assailants that have sued their attackers and won. Examples of personal injuries stemming from assault crimes can include bruises, broken bones, gunshot wounds, traumatic brain injuries, emotional trauma, mental anguish, and wrongful death. There also may be other parties that can be held liable.
A Maryland personal injury plaintiff has three years to file a lawsuit seeking damages.
70 million suit filed against Suggs, Baltimore Sun, December 11, 2009
Protective order granted against Ravens linebacker, SI.com, December 11, 2009
Related Web Resource:
Terrell Suggs, NFL
The woman who brought this case claims that Hendler acted with her the way he did with his other patient victims. He allegedly convinced a number of patients that he was the only person who could help them and then took sexual advantage of them. Hendler is also accused of giving medication to women, even those who didn't have prescriptions for the drugs, in exchange for sexual favors. Hendler has already settled a number of Maryland injury lawsuits against him from some of the women that are alleging medical malpractice and sexual abuse.
In 2007, Hendler submitted an Alford plea to one count of possession with intent to distribute drugs. The psychiatrist acknowledged there was enough evidence to convict him but did not plead guilty. He received a probation sentence before judgment, which caused a conviction to be staved off.
Medical Malpractice
Sexual abuse is a crime. Medical professionals can also be held liable for Maryland medical malpractice if they commit sexual abuse, molestation, sexual assault, or rape while treating a patient. Other examples of Maryland psychiatric malpractice include:
• Wrong Diagnosis
• False imprisonment
• Breach of privacy
• Mental abuse
• Medication errors
• Emotional abuse
• Wrong treatment
Trial begins for psychiatrist accused of sexual misconduct, The Baltimore Sun, December 2, 2009
Baltimore Doctor Accused Of Sexual Abuse, WJZ, February 15, 2006
Related Web Resources:
What is psychiatric malpractice?, Power2u.org
Medical Malpractice, Nolo
Dankos was pronounced dead at the Howard County car crash site. Thomas and David sustained injuries. David is charged with homicide by motor vehicle while intoxicated, driving under the influence, and manslaughter by motor vehicle.
Drunk Driving Accidents
Drunk driving crashes are preventable. Yet every year, thousands of people are killed in the US because someone was driving drunk.
NHTSA 2008 Alcohol-Impaired Driving Facts
• 11,773 drunk driver-related deaths
• That’s 1 alcohol-related car crash death every 45 minutes
Drunk driving is a crime and also a form of negligent driving. A person who is driving under the influence of alcohol or drugs has impaired reflexes and senses and may not realize that he or she is speeding or about to collide with another vehicle or into oncoming traffic. Losing control of an auto when someone is inebriated is easy. It is the consequences and repercussions that follow which can be hard to live with.
A drunk driving conviction usually results in jail time. It can also destroy the lives of any victims, surviving family members, and the drunk driver who likely never intended to harm anyone.
After the season, the greatest loss, Washington Post, November 30, 2009
River Hill football player remembered as 'great kid', ExploreHoward, December 1, 2009
Related Web Resources:
Groups press for tougher drunk driving laws, Baltimore Sun, November 1, 2009