Maryland Injury Lawyers Blog

There have been at least 3 fatal Maryland auto accidents on the last two weeks on Route 50 (inside the Capital Beltway) near Route 410. This is a very dangerous roadway in Prince George's County, Maryland where motorists tend to drive faster than the posted speed limit. Most recently, on Saturday February 21, 2009, an Acura MDX driven by Michael Madlock of Bowie, MD struck a 2008 Nissan going in the same direction as the Acura. There were 5 occupants in the Nissan and two of the 5 were apparently ejected from the vehicle and killed. Another passenger in the Nissan was also killed.

The Maryland State Police's preliminary investigation of the accident suggests that Mr. Madlock was driving erratically and speeding. Since it was a fatal crash, there will most likely be a complete accident reconstruction done. It typically takes several weeks -and sometimes even longer--for the Detailed Crash Investigation Report to be completed. Another fatal accident occurred in Gaithersburg, Maryland. Michael Greenya (aka Michael J. Greenya) was a pedestrian and he was struck by a vehicle on Muddy Branch Road in Gaithersburg, MD. The police are investigating this incident as well and anyone with information should call (301) 840-2435. The families of those injured and killed in this terrible crash should not talk to the insurance company until they hire a Maryland lawyer.

Insurance companies often try to take advantage of accident victims in the aftermath of a crash. Since the families are grieving and in mourning over the death and injuries to their loved ones, the insurance companies gets a head start on the investigation and evidence that should be preserved can disappear. Our law firm can help the families of those seriously injured in car accidents by stepping in and interfacing with the police and insurance companies and making sure that the investigation of the crash is done honestly and with integrity. There is no attorney fee if there is no recovery, and we fight hard to protect the rights of our clients. If we can help you, call us at 301-589-2999 or visit our website http://www.gfmlawllc.com.

Moving to a nursing home is not the first choice for residence of many - perhaps any. And yet, statistics tell us that nursing home populations continue to rise each year. Though most of us feel they are "institutions of last resort," many of us will live at least part of our lives in one, and we likely already carry some preconceived notions about what to expect. Read on for a primer about the most common myths about Washington DC nursing homes, as well as the truth behind them.

Myth: Resident wander around unless restrained.
Fact: The use of restraints is prohibited, either for the sake of discipline or convenience for the nursing home.

Myth: Individual schedules are not possible in a nursing home.
Fact: Individual needs, preferences, and schedules must be observed as much as possible by nursing home staff.

Myth: A nursing home is nearly the same as a hospital.
Fact: The nursing home environment is quite different from that of a hospital. Nursing homes aim to rehabilitate residents to their maximum potential, enabling each to return to an independent life - whatever that means for that particular patient. Other goals of nursing homes include maintenance of the achieved level of function (rehabilitation) for as long as possible considering age and disease particulars; delay of deterioration of emotional and physical well-being; and support of the resident/patient and family, if and when health declines to the point of death.

Myth: The resident is in danger of being evicted on the grounds of being difficult or refusing treatment.
Fact: This is untrue. While eviction is possible for other reasons (failure to pay, nursing home care is no longer required, the facility is going out of business, etc.), "being difficult" is not a valid ground for eviction.

Myth: Staff alone determine the care residents receive.
Fact: In fact, residents, family, and loved ones have the right to participate in care plan development.

Myth: Visiting hours are limited and restricted.
Fact: Visiting is possible for family members at any time of the day or night.

Myth: Medicaid will not sponsor all the nursing home services you want.
Fact: Medicaid-funded residents are entitled to identical nursing home services as any other resident.

Myth: Hiring private help is necessary for special needs.
Fact: A nursing home is required to provide any and all necessary care.

Myth: Extra charges may be applied to your bill by the nursing home at any time.
Fact: Only those "extra charges" authorized in the agreement of admission are allowable.

Myth: There is no available space for meetings between residents and family members at nursing homes. Fact: Any nursing home is required to provide private space for resident and family meetings.

Myth: Nursing homes offer nothing to do, except sit.
Fact: Good nursing homes are strong social environments, with activities, outings, and opportunities to interact.

Myth: Nursing homes have no privacy.
Fact: Residents have a right to privacy. This must be balanced with the safety needs of many residents to be supervised at all times. All staff and visitors should observe common courtesies, including knocking before entering rooms, and respecting modesty and personal choice.

Myth: Residents in nursing homes give up all of their rights.
Fact: All constitutional rights extend into the nursing home. This includes, among other things, the right to voice concerns and complaints and to have a voice in the care they receive

Myth: Medicare funding will pay my bill for nursing home care and services.
Fact: Medicare only pays for a small amount of nursing home care. In most cases, Medicare covers the first 20 days in a "skilled nursing facility," as long as other conditions are met. Beyond this, a portion of the cost of nursing home care will be covered for up to 80 additional days. At the end of Medicare coverage, another source is required - private insurance, out-of-pocket, etc.

Myth: Refusing medical treatment is cause for eviction from a nursing home.
Fact: Any individual, including a nursing home resident, has the right of refusal of medical treatment without penalty.

For more information on these myths and other important nursing home facts, contact your Maryland nursing home abuse attorney.

This month's Trial Magazine, a publication of the American Association for Justice, has some great articles for Maryland auto accident lawyers. My favorite is an Article by my friend David Kopstein on Defeating the Sudden Emergency Defense. David's article discusses strategies for defeating a defendant's claim that the accident occurred because of a sudden medical emergency. He discusses that in order for such a defense to succeed, the defendant must show he became physically incapacitated, the incapacity was not reasonably foreseeable, the incapacity rendered him unable to control his vehicle, and the car crash was caused by a loss of control relating to the sudden medical incapacity. In Maryland car accident cases, I have seen defendants raise this defense on several occasions, but have never seen it be successful at trial. The article also discusses that a doctor can be liable to a driver injured in a crash for failing to warn the patient of the risk of incapacity relating to taking the medication.

Another article discusses liability of contractors and municipalities for roadway drop-off cases. The article explained that the Federal Highway Administration estimates 11,000 are injured each year and 160 die in crashes related to unsafe pavement edges.

There is also an article on vehicle rollover deaths and injuries. Apparently rollovers account for 1/3 of all deaths in light vehicle accidents and are responsible for 10,000 deaths per year and 24,000 serious injuries per year. The article discusses that the auto industry has been very slow to make appropriate and known safety changes and states "With the adoption of a weak federal roof crush standard in 1973, manufacturers lost their incentive to make a roof capable of protecting occupants in rollover accidents."

The Maryland Insurance Commissioner, Ralph Tyler, has proposed 4 bills before the Maryland Legislature, that if passed, will help consumers have better access to health care. In Maryland, we are lucky to have an Insurance Commissioner who is not only fair, but who puts the interests of consumers on at least equal footing with the interests of the insurance industry.

One of he proposed new bills would require Maryland Health Insurance Companies such as Care First BlueCross BlueShield to spend more money on providing health care. It would increase the medical loss ratio (the percentage of each premium dollar spent on medical care) and presumable require insurance companies to operate more efficiently and possibly keep corporate executive salaries in check. This will help not only consumers, but doctors as well. Tyler's proposed legislation would increase the amount of each premium dollar spent on medical care from 75 cents to 85 cents. Our Maryland Medical Malpractice law firm handles cases against health insurance companies and we fight to hold insurance companies and medical providers liable when they hurt consumers.

Like Commissioner Tyler, we fight for Maryland consumers. For example, when a client of ours is injured in an automobile accident, we are often able to find a medical provider to provide treatment even if the client does not have health insurance. The health care provder would have a lien on the client's personal injury case or we would help the health provider collect PIP benefits (personal injury protection benefits) and/or Medpay benefits. Ralph Tyler won the Maryland Trial Lawyer Association's Civil Justice Award in 2008.

Medical advisers to the FDA have recommended the banning of Darvon, commonly known in its combination drug form, Darvocet (which also contains acetaminophen). Darvon has been in use for pain treatment for more than 50 years.

An advisory panel to the Food and Drug Administration recommended withdrawing Darvon from the market. Though not required to follow such recommendations, the FDA often does so.

Since its initial approval in 1957, Darvon, in its main incarnation as Darvocet, has become one of the top 25 most commonly prescribed medications, with over 20 million prescriptions written in 2007.

The review of Darvon was initiated by petition by a concerned citizen group, which has been calling for review of the drug since the 1970's. Drug manufacturers maintain that Darvon and Darvocet are safe and effective when used correctly.

Darvon was banned in the UK in 2005. The FDA may decide to do the same, or to enact stiffer warnings, additional safety studies, or other measures. In a review preceding this one, the FDS's internal safety office found more than 3,000 reports of serious problems related to Darvon, including suicide, drug dependence and overdoses.

It is possible that this news will lead to dangerous drug class action litigation, or individual drug torts. All those who have been negatively affected by Darvon or Darvocet and wish to explore legal action should contact a Washington DC drug litigation attorney immediately to assess the prospects of his or her case. This is perhaps the most important step in winning what you deserve through your case.

On Sunday February 1, 2009 a terrible Maryland car accident occurred on Veirs Mill Road in Rockville, Maryland which is in Montgomery County. It occurred near the Rock Creek Terrace Apartment Complex. A high school student named Thiago Andrade was killed and the driver, Johvanny Garmendez was critically injured. Photos of the vehicle in The Washington Post indicate that the car was basically cut in half when it crashed into a tree. The Montgomery County Police Department is still investigating this incident. Mr. Andrade was a junior at Rockville High School. It is apparent that he was an incredible person. He was in a college preparation program that is for low-income families, and many in that program are the first in their family to attend college. His principal, Debra Munk said "he was very well liked and well on his way." The police are still investigating and looking for witnesses to the crash. If you saw the crash, you should call 301-840-2435.

Our thoughts and prayers go out to the family of Mr. Andrade and to Mr. Garmendez. Although legal claims are the last thing they are probably thinking about, it is important that the vehicle itself be preserved so that an expert can examine it and determine whether the vehicle was crashworthy. Crashworthiness cases involve a product liability claim against the car manufacturer claiming that a design defect caused increased injuries to the occupants of the vehicle when the crash occurred. The case in Maryland recognizing the product liability crashworthiness doctrine is Volkswagon of America v. Young, 272 Md. 201, 321 A.2d 737 (1974). Car Manufacturers are required to use reasonable care when designing a car to make sure that drivers and passengers are not subjected to unnecessary risks of injury. For more information about the Crashworthiness Doctrine and how to maximize compensation in catastrophic car accident cases see the Article written by Kevin I. Goldberg at http://www.gfmlawllc.com/pdf/summer_article_2008.pdf which was published in Trial Reporter Magazine's Summer 2008 Edition.

Unfortunately, quite often families of those involved in catastrophic and fatal Maryland car accidents or tractor trailer accidents are unaware of their legal rights, and therefore insurance companies will dispose of the vehicle itself which is absolutely essential in order to successfully prosecute a product liability claim against a car manufacturer. If you need a Maryland attorney for your car accident or truck accident case in Maryland, D.C. or Virginia, call Goldberg, Finnegan & Mester, LLC at 301-589-2999.