Maryland Injury Lawyers Blog

The continuing assaults on the civil justice system by the insurance industry and big business have instilled fear in the public: they state that plaintiff's lawsuits are the main reason for higher health care and as such, tort reform is necessary. Trial lawyers, who protect you and your family when you are injured as a result of someone else's negligence and fight against such lies, have been rebutting this myth for years. In an article published yesterday in the Baltimore Sun, the author provides further confirmation that health care is not rising because of lawsuits. The articles states: "The nonpartisan Congressional Budget Office [CBO], as usual the best source for this kind of analysis, says malpractice costs make up only 2 percent of health care spending. "The evidence available to date does not make a strong case that restricting malpractice liability would have a significant effect," the CBO says." What it will do, however, is lessen any money available to you or your loved one when you are injured - thus solely benefiting the insurance industry to the detriment of the public.

So, the next time you hear someone comment that lawyers and frivolous lawsuits are driving up the cost of health insurance, tell them they are wrong and provide them with the government research that proves it. This is also why it is important to make sure you are knowledgeable about your elected public official's stances on tort reform and to hold them accountable for telling the truth and not propagating these lies and myths. Here is a link to that article: click here to read.

And if you have been injured as a result of negligent medical care, do not be afraid to call a Maryland Medical Malpractice lawyer to seek justice on your behalf. We have a registered nurse attorney on staff ready to talk to you and we do not charge a fee unless we recover money for you. Call us today at (301) 589-2999 extension 125. Goldberg, Finnegan & Mester - Protecting Your Rights.

In today's Washington Post there is an interesting article about the high number of motorcycle fatalities in Maryland, Washington, D.C. and Virginia. In one day in August there were 3 motorcycle deaths in the Washington D.C. Metropolitan area: Chris Ford (Northern Virginia), Marc Grant (Calvert County, MD) , and Tony Trilli (Charles County, MD). In the last year highway deaths fell in all categories except motorcycle deaths. Pete terHorst of the American Motorcycle Association said "Were extremely concerned about the increasing number of crashes and fatalities." The Washington Post reports that 38 motorcyclists died on the Suburban Washington, D.C. roads in the last year. Authorities indicate that motorcyclist deaths occur because of inexperience, alcohol, inattention to the roadway and miscalculation. Apparently 3 out of four motorcycle deaths occur when the adverse vehicle makes a left turn in front of the cyclist. About half of motorcycle fatalities do not involve another vehicle. The Washington Post indicates that Jason Wright died when he lost control of his bike on Springwoods Drive in Lake Ridge, struck a concrete median and was thrown from the bike. Jerald Goldsmith died when is Kawaski Ninja crashed into a wall of a parking garage in Washington, D.C. Steve Stone's motorcycle hit a curb in Woodbridge, VA and he slid into a tree and was killed. Motorcycle accidents are indeed tragic. Fortunately the rules of the road apply not just to motorcycles, but also to other vehicles on the roadway as well. When motorcyclists in Maryland are injured or killed as a result of the negligence of the other driver, they have legal rights and should seek legal representation from a Maryland Motorcycle Accident Lawyer.

U.S. Transportation Secretary Ray LaHood said he will convene a meeting on September 30th to formulate "concrete steps....to make drivers think twice about taking their eyes off the road for any reason," according to the Washington Post. Distracted driving from cellphone usage and texting is becoming an increasing problem on the roadways. Many states have taken steps to ban texting and limit or bar cellphone usage while driving in order to increase highway safety. It is estimated that cellphone use is a factor in 342,000 auto accident injuries and costs $43 billion each year in property damage, lost wages, medical bills and loss of life, according to the Washington Post. A study by the National Safety Council concluded that 1 million people are chatting behind the wheel at any given moment. And studies show that texting while driving is even more dangerous than talking on a cell phone or drinking and driving, according to New York Senator Charles Schumer who recently introduced a bill in the Senate to address distracted driving. The Washington Post reports that, according to a Harvard study, cellphone users are up to four times more likely to be in a traffic accident and, a study by the Virginia Tech Transportation Institute found that truck drivers are at an almost six times greater risk of causing a collision when reaching to dial their cell phones or 23 times more likely to cause an accident when texting.

Locally, the District of Columbia is the only jurisdiction that has a law on the books addressing distracted driving, as it is illegal to drive while talking on a hand-held cellphone. However, the Maryland legislature recently passed a bill to ban texting while driving and that law will be effective October 1, 2009. It is expected that local governments will face increasing pressure to pass legislation to address these issues and attempt to decrease the alarming rate of injury and death on the highways caused by distracted driving.

If you or a loved one is seriously injured as a result of a driver's negligence and you suspect distracted driving played a role, you should consult a lawyer immediately so he or she can begin to uncover what the negligent driver was doing immediately before the crash. At Goldberg, Finnegan & Mester, we have experience with such cases and we would be happy to help you or your family.

For most people, going to the hospital entails a fair amount of stress, pain, and apprehension. Thus, when the caregivers violate the highest precept of their calling ("first, do no harm") hospital visits result in new, deeper pain. A Maryland medical malpractice lawyer can help people who have experienced such trauma with filing a medical malpractice case. Anyone can understand when a doctor or nurse does everything right and can't cure someone. But when a person holding themselves out to be a medical worker departs from the customs and standards of their profession and causes harm to the innocent patient, compensation through the legal system is available and appropriate.

Licensed medical professionals are required to maintain malpractice insurance in certain states. There are two reasons for this requirement: (1) sometimes doctors and nurses will make mistakes that have terrible results, for which compensation is necessary, and (2) some doctors and nurses deliberately or negligently fail to live up to the standards of their oath and must be held absolutely responsible to their patients. Insurance functions as a safety net for doctors and nurses, protecting them from lawsuits and personal liability.

For a successful medical malpractice case, a Maryland medical malpractice attorney must establish the elements of a negligence claim; and a deviation from the standard of care (or a lack of informed consent). The first of these elements is that a legal duty existed, which is established any time that a medical caregiver or facility undertakes care of a patient. Therefore, this element is rarely ever in doubt. Next, the breach of this duty must be established. This means that the caregiver failed to adhere to the standard of care for the profession (or so obviously breached the duty that "the thing speaks for itself"). Establishing this breach usually requires expert testimony to explain what the appropriate standard of care is for the profession (for the specific specialty of the medical doctor). Usually, if a given course of treatment is acceptable within the field, then it is within the standard of care, whereas if a doctor acts on a hunch or decides that he believes treatment should progress in some novel, never-before-seen way, this could fall outside of the standard of care. Even in these cases, the treatment could be within the standard if the doctor can establish that he used methods accepted within the profession.

Next, the breach must be shown to be the cause of the injuries sustained. Therefore, if a patient having a heart attack establishes that the doctor did not properly put a band-aid on the patient's finger that was cut during treatment, that patient can't recover for the heart attack because it was not caused by the negligence, but he might recover for an infection resulting from the band-aid negligence. In addition to being the cause in this way, a Maryland medical malpractice lawyer must also establish the caregiver's actions caused damages, without which no recovery can occur.

A small airplane crashed in Carroll County, Maryland this weekend. The crash occurred shortly after the plane, A Golden Circle Air T Bird II, took off. This is a very light sports plane with the engine and propeller located in the rear. The victims are Robert Kociemba and Letty Williams. Mr. Kociemba is from Davidsonville, MD and Williams is from Edgewater, MD.

The plane took off from the Keymar Airpark (which is privately owned) and crashed just about a quarter of a mile from the airpark. Federal aviation officials are currently investigating the cause of this crash. This is a relatively inexpensive kit type of airplane. Photos resembling the plane and some specifications are set forth below. If you or someone you love is injured in an airplane accident or crash, it is crucial that a Maryland airplane crash lawyer is hired right away. Spoliation of Evidence Letters need to go out to the airport, airplane manufacturer and anyone else possibly involved in the assembly of the aircraft, safety of the aircraft and operation of the aircraft.

Everyone needs to be told that all evidence relating to the crash needs to be preserved and that this includes the aircraft itself, witness statements, video, audio and data files, email correspondence and electronic data. The Maryland lawyers at Goldberg, Finnegan & Mester, LLC can help if you or a loved one are involved in an airplane crash or airplane accident in Maryland, Washington, D.C. or Virginia.

Late Thursday there was a terrible helicopter crash in Western Maryland. The Robinson 44 Helicopter went down on Interstate 70 in Washington County, Maryland. Unfortunately, all 4 passengers on board were killed. Three of those killed were apparently employees of Advanced Helicopter Concepts in Frederick, MD. The fourth person was a passenger. The Highway was shut down while investigators investigated the crash. The chopper was apparently a commercial helicopter flying and owned by Marsan Aviation, Inc. which is a company in Wilmington, Delaware. Witnesses apparently saw the craft flying low and then saw a large arc of electricity in the air. This was most likely due to the helicopter striking a power-line (but needs further investigation/confirmation). Visibility may have been a factor in the crash due to fog. Although The R44 Model has been involved in several similar incidents recently, the other recent incidents did not result in crashes or fatalities. The FAA (Federal Aviation Administration) indicates that an incident occurred on July 13, 2009 in Marysville, CA when a R44 struck a powerline and was forced to land (there were no fatalities in this incident). On May 3, 2009 a Robinson R44 rotorcraft struck powerlines and was forced to land in Scottsdale, AZ. An R44 helicopter is believed to have crashed in Fenner NY on January 15, 2008 (there were no fatalities). An R44 helicopter crashed off of the Oregon Coast on August 14, 2006 in foggy weather.

Our thoughts and prayers go out to the families of those killed in this crash. The families of those involved in the crash should consider hiring a private investigator or lawyer to track down lay witnesses in Western Maryland who may have witnessed the crash, and to conduct an independent investigation. Although the FAA will investigate the crash site and the airplane, they do not always have the resources to locate fact witnesses and get statements close in time to the crash when people's memories are fresh. The legal claims for those killed, assuming they were working at the time of the crash, include claims for workman's compensation benefits, and the third party claims against the negligent third parties responsible for the crash (possibly the owner of the helicopter, maintenance companies who did work on the aircraft, and parts manufacturers that may have malfunctioned (negligence claims, product liability claims, and strict liability claims). The dependants of those Advanced Helicopter Concepts employees killed are entitled to death benefits under Maryland workman's compensation law. For more information about the benefits available under Maryland workers compensation law.

Of course the more significant claim is for negligence and product liability, Maryland wrongful death claims, and survival claims against the responsible third parties that caused or contributed to the crash. Our team of lawyers provide a free consultation to victims of catastrophic airplane crashes, and if we are hired to handle the case, there is no attorney fee owed unless and until there is a recovery (we work on a contingent fee). Our lawyers can be reached at 301-589-2999, or toll free at 888-213-8140.

Tuesday's Washington Post contained an article about Michelle Hereford, whose husband died from sepsis (where an infection spreads throughout the body) while being treated at the hospital. Ms. Hereford claims that the hospital ignored the signs and symptoms and was unresponsive to her concerns over how her husband was doing. By the time the hospital acted, it was too late to save him and Mr. Hereford died. Ms. Hereford says that she is speaking out because she hopes it will bring about some change, however small. "When mistakes happen in hospitals, it's not because they don't have bells and whistles and technology," she said. "It's because nurses become robots and they don't listen." Ms. Hereford should be applauded for her courage and her willingness to help others so that this does not happen again.

While it is a tragedy what happened to Ms. Hereford and her husband (and their young children), unfortunately, medical negligence, also known as medical malpractice, is all too common. And it has nothing to do with doctors and nurses not being decent human beings or making simple mistakes or worrying about rising insurance premiums for doctors: health care providers must adhere to the standard of care and when they do not (whether they call it a mistake or something else) and their actions or inactions injure someone, they are negligent. And the rising insurance premiums and doctors fleeing states are myths propagated by the insurance industry to justify its continued greed.

When you or a loved one are injured due to medical negligence, then you need to call an experienced Maryland Medical Malpractice Lawyer to advise you of your rights. Health care providers need to be held accountable when their negligence causes injury. Here at Goldberg, Finnegan & Mester, we have experienced medical malpractice lawyers (including a registered nurse-attorney) ready to fight for you. For more information about medical malpractice/negligence, call us at 301-589-2999 x125 (we are located in downtown Silver Spring very close to the Metro Station) or visit our website at www.gfmlawllc.com.

On Tuesday July 21, 2009 there was a horrible car crash in Damascus, Maryland near the Frederick County line on Kemptown Road. The Maryland auto accident occurred in Montgomery County. The Montgomery County Police recently identified the victims and the driver of the vehicle that caused the crash. The crash occurred when a Ford F450 XL landscaping truck driven by Ms. Maria Valencia of Monrovia left the road and illegally came back onto the roadway in the Westbound lane. The vehicle crashed into a vehicle driven by Mr. Paul Reid of Monrovia. Mr. Paul Steven Reid was driving a Chevy Astro Van and lived in Monrovia as well. Our thoughts and prayers go out to the family of Mr. Reid. This accident should not have occurred. The police are still investigating this crash and are looking for witnesses. Why would the vehicle driven by Ms. Valencia have gone off the road and swerved back onto it? You can be certain that she was most likely texting or on a cell phone and that this was the cause of this terrible crash and the tragic death and injuries that resulted. Although the Maryland State Police are doing accident reconstruction, we always recommend that the family of anyone killed in a car crash hire a private accident reconstructionist or investigator to make sure that proper fact investigation is done. It is also important that preservation of evidence letters go out to the cell phone carriers so that records of the cell phone use (and text usage) are preserved. For more information about our Maryland car accident lawyers, visit our website at www.gfmlawllc.com or call us at 301-589-2999.

Victims of the Metro train crash still want to know what the root cause of the June 22, 2009 Metro train crash was. Those injured in the train accident and families of those killed anxiously await the NTSB report and conclusions on this matter. What is clear already though, is that there were and still are problems in Metro's train control system. Federal regulators have already urged Metro to come up with a back-up system to control its trains immediately to detect failures such as the signaling failure that was a cause of the June 22, 2009 Metro Train Accident. The site of the crash is still being examined and the tracks were actually closed yesterday between Fort Totten and Silver Spring on the Red Line of Washington D.C.'s Metro system so that additional tests to the track could be conducted. Investigators are also looking into site line tests in order to determine what the striking train operator saw (or should have seen). Metro officials have indicated that they expect to use federal stimulus money to pay for the desperately and urgently needed back-up system. Families of those killed in the Metro Train Crash need to understand the complexities of Washington, D.C.'s wrongful death law and survival law and act quickly. For wrongful death claims in Washington, D.C. there is a one year statute of limitations (it is 3 years for the estate's survival claim). This short statute of limitations for the wrongful death claim works to the disadvantage of family members of those killed because the short time frame can pass while family is still grieving. In Washington, D.C. it is very important that family members of those killed due to the negligence of others consult with an attorney immediately after the incident. For more information about D.C. Wrongful Death and Survival law, call us at 301-589-2999 x102 (we are located in downtown Silver Spring very close to the Metro Station) or visit our website at www.gfmlawllc.com. To see the Washington, D.C. Wrongful Death law click here http://www.gfmlawllc.com/dc%20death%20law_20070516093826.pdf

On Wednesday July 8, 2009, a Prince George's County, Maryland jury returned a verdict for our client in the amount of $67,553.14. This Prince Georges County Maryland premises liability case award consisted of $6,102.99 in past medical expenses, past lost wages in the amount $1,450.15, and $60,000.00 in non-economic damages (ie. pain and suffering, lost income, etc). The plaintiff slipped and fell on a puddle of standing water that was in the entrance-way (inside the store) at a BJ's Wholesale store located in Bowie, MD. The plaintiff entered the store, took 3 steps, and slipped and fell on the water/slippery surface. She suffered a hairline fracture to one of the bones in her elbow, and a soft tissue injury to her right shoulder. She had orthopedic care, she was in a cast for 4 weeks from wrist to elbow, she had to undergo injections, missed time from work, and had to request that accommodations be made at work when she returned. After 3 months of consistent, steady medical care, she only had 6 more medical visits over the past 18 months. The Defendant BJ's first claimed in the case, in written discovery, that there was no dangerous condition. Then it discovered in depositions that the standing water was a recurring problem caused by rain entering the inside of the store through a space at the bottom of the entrance/exit doors. In fact, the lost prevention manager of the store told a fellow staff member to put out "wet floor" sings in the entrance-way before the store opened. Nobody did it. The defense challenged every part of the case. They argued that our client did not really trip on the water and that she fell over her own two feet. Then they argued that, even if she did slip and fall on the water, it was an open and obvious defect and she was negligent for not avoiding it before he fell. They challenged the damages part of the case also.

Metro had in place an automatic train control system that in theory, should have prevented the June 22, 2009 metro train crash in Washington, D.C. The system failed. In the days after the crash, the system was tested again by federal regulators (NTSB) and it failed the test. What good is a safety system if it does not work? The fact that this system failed allowed the crash to occur. In other words, if the technology had worked properly, the system would have prevented the crash. What this most likely means is that the train operated by Metro Employee Jeanice McMillan likely did not receive information that a train was stopped ahead of her. I am troubled by this. It seems that the metro bus and train operators rely too heavily on technological systems. We all know that systems can fail. We all have computers and they work most of the time but not all of the time. The driver of the train still needs to pay attention and if there is a train ahead of it that is stopped, the driver needs to hit the brakes and stop the train. Also, the train that stopped should have radioed to the train behind that it was stopped. If this had occurred, the crash would not have happened regardless of the system/technological failure. The "system" that failed assumed that the coast was clear and apparently automatically set the speed of Ms. McMillan's train at 59 MPH. The person at Metro in charge of these "systems" is Matthew L. Matyuf (He is the Superintendant of the Automatic Train Control Division and he has been temporarily reassigned). Victims of this metro train crash should be angry. Metro train operators should not rely on automatic pilot. Instead, they should manually be responsible for operating the trains and only rely on the autopilot when there is a medical emergency or other good reason to do so. There is a long history of problems with Metro's automatic systems. In 1999 relays were known to be prematurely failing. The manufacturer of the relays is Alstom Signaling.

Another issue that has arisen for the Washington DC train accident victims is whether to accept money from WMATA for funeral expenses, medical expenses, etc. At this time, our lawyers are currently researching this issue and are unable to provide a definitive answer. Therefore, to be 100% safe, such funds should not be accepted from Metro at this time. While at first glance it seems that it would be ok to accept such funds (as long as no release or other documents are signed), we are concerned that Metro and/or the D.C. Court of Appeals could somehow hold acceptance of such funds to be an accord and satisfaction of sorts which would bar further claims. Anything is possible with a catastrophic loss like this that could possibly bankrupt WMATA. Metro is a quasi governmental entity and they have been known to play games with the rights of victims and when it is in their interest, they play hardball. For example, in a recent Maryland case, Metro successfully argued that they were covered by the Maryland Tort Claims Act and therefore claims against they were capped just as if one were suing the State of Maryland. Therefore, to be safe, we recommend that victims place the D.C. Government on notice pursuant to 12-309 of the D.C. Code as soon as possible to prevent WMATA from making a similar argument in these cases. Notice under 12-309 must be given properly within 180 days or claims against the DC Government are barred forever. We are also concerned that the D.C. Council could pass legislation indicating that those who took money for medical expenses or funeral expenses are barred from further legal action against Metro. This is unlikely, put it is possible. Therefore, the best advice I can give at this time is that crash victims should not accept funds from Metro for funeral expenses or medical expenses.

At least 6 people were killed and dozens injured as a result of the Metrorail train accident in Washington, D.C. yesterday. This train crash is being investigated by the NTSB and local authorities, but initial reports indicate that the metro crashed because of failure in the signal system and operator error. Our thoughts and prayers go out to the families of those injured and killed. Family and friends of those injured or killed can call "311" for information about their loved ones and/or (866)-797-4930. There is also a Red Cross Station set up at 501 Riggs Road, NE with counselors on hand to help family members cope with the grief and stress of this incident. These numbers were set up by D.C. fire and rescue officials and the Department of Health and Human Services.

One of those killed in the crash was the operator of one of the trains--Jeanice McMillan of Springfield, VA. She was relatively inexperienced in that she was 18th from the bottom of the seniority list of 523 train operators. It is our understanding that Metrorail operators must first operate a bus for a year before they can operate a train. They then receiv about 12 weeks of training on how to operate a train. The bottom line is that even if the computerized signal system failed to stop the train, the operator should have intervened and manually stopped the train with the emergency brakes. Also, it appears that the second train was travelling at an excessive rate of speed (the maximum speed at the location of this crash is 58 miles per hour). There is also a possibility that weakness in the train track bed contributed to the cause of this metrorail train crash. It is reported that Ms. McMillan worked for WMATA since January 2007.

Mayor Fenty stated that this was the deadliest crash in the history of the Metrorail system. The incident occurred when one six car metro train stalled on the tracks between Fort Totten and Takoma Park. Another metro car on the same track struck the stalled car. About 200 emergency personnel and rescue workers responded to the crash and the jaws of life were used to cut the trains apart.

The Washington Post reports that about 4 years ago metro had a similar incident where the signal failed in the tunnel between Foggy Bottom and Rosslyn in June 2005. The operators were able to avoid a crash in that case. The Metro system has a computerized signal system that is supposed to help prevent trains from getting close enough to each other to collide. Legal claims relating to this incident will include causes of action for both negligence and product liability. Negligence claims will involve operator negligence, negligent hiring and negligent training/negligent supervision.

If you or your loved ones need legal representation for this Washington DC Train Crash, call us at 301-589-2999. Our office is located in downtown Silver Spring Maryland and we will fight to protect your rights. Goldberg, Finnegan & Mester, LLC. Those known to be in the train include Tom Baker from Washington, D.C., Garrett Dorsey from Washington, DC, Martin Griffity, Lanice Beasley. I am sure there are many passengers who are true heroes in that they sacrificed their own health and safety to assist others on the train who were more seriously injured.

If you have been injured as a result of medical malpractice at Doctor's Community Hospital in Maryland, you are not alone. The Washington Post reports that Doctors Community Hospital located in Lanham, Maryland was fined for not reporting medical errors by Maryland Health Regulators. The fine was $30,000.00.

Maryland law requires that hospitals report significant medical mistakes. Doctor's Community Hospital seems to have acknowledged that they were failing to report medical malpractice committed there, and that the fine is a wake up call to increase patient safety. Maryland hospitals are required to report such errors as surgery on the wrong limb, patients taking the wrong medication, falls and infections from IV lines.

The law requires hospitals and medical providers to report such mistakes and analyze why internal safety systems broke down. The problems at Doctors Hospital include an assault on a patient, an 8 day delay in giving medication to a 49 year old man with heart failure, and an antibiotic being given to a woman who was supposed to only receive plain intravenous (IV) fluids. The Emergency Room at Doctors Hospital expects to see 60,000 patients this year. What is most unfortunate is that the hospital practically admits that is unable to provide medical care within the standard of care.

Other hospitals in PG County Maryland that were slow to report errors include Laurel Regional Hospital (Aka Laure Regional Medical Center). Hospitals in Maryland reported 182 preventable medical errors (never events). 44 medical mistakes were reported in Maryland that lead to the death or serious injury of the patient. The Washington Post details many of the horrifying mistakes that occurred at Doctors Community Hospital.

Our Maryland Medical Malpractice Lawyers are experienced in evaluating medical malpractice cases. One of our top attorneys, Jean M. Jones, is also a Registered Nurse. If you or a loved one has suffered serious injury or death as a result of a possible medical error, call us for a free telephone consultation at 301-589-2999.

Eric Greenberg, MD and his wife was arrested last week after his office on Old Georgetown Road in Bethesda, MD was raided by the police. His wife Jaquenette I. Fischman was also arrested. It has been reported that pharmacists told the police that Dr. Greenberg was writing prescriptions for drug addicts; and a Montgomery County drug suspect told investigators that he and all of his friends obtained their illegal drugs from Dr. Greenberg. Authorities in Prince George's County Maryland also arrested two county employees and the investigation had some link to Greenberg according to the Washington Post. To see the most recent suspension report relating to Dr. Greenberg from the Maryland Board of Physicians, click here.

The case involved Oxycontin, Dilaudid and Suboxone. In 2007 Greenberg was placed on probation by the Board that governs doctors for improperly prescribing to a family member of his and for not keeping proper records. If you or someone you love has been the victim of Maryland medical malpractice, including the victim of a medical doctor overprescribing prescription pain medications such as oxycontin, dilaudid and/or oxycodone, then you should call an attorney to discuss whether or not you have a medical negligence case. The standard of care for prescribing narcotic pain killers and other heavy duty prescription drugs essentially requires that the medical doctor provide close supervision to the patient and that the doctor keep track of the number of pills and/or doses given to the patient. Some doctors have patients sign a contract before they prescribe such drugs whereby the patient promises he will not obtain any similar prescriptions from others in the medical community and that the patient will be honest and truthful with the medical doctor. Narcotic pain killers are a double edged sword. On the one hand they provide many patients with a quality of life that they otherwise would not have. But on the other hand, many patients abuse these drugs and end up injuring themselves or in rehab.

On Friday May 29, 2009 a Frederick County, Maryland jury awarded $3,900,000.00 ($3.9 Million Dollars) to a boy whose family proved that his cerebral palsy was the result of doctor negligence and medical malpractice. The doctors apparently failed to properly monitor the child's heartbeat while his mother was at the hospital. 2 individual doctors were held liable for the child's brain damage and CP including an emergency room physician and and an obstetrician. The nurses, a third doctor, and the hospital were found not liable for the newborn child's injuries and mental retardation. According to news sources, The Plaintiff visited Frederick Memorial Hospital when she was 36 weeks pregnant. She was not properly monitored, and there was a ruptured placenta that caused the child named Ryan's heart rate to fall. The case was litigated by Paul Bekman. The ruptured placenta and brain damage occurred as a result of the negligence of Frederick Memorial Hospital and its staff and employees who failed to properly monitor the pregnant lady and her child and failed to perform appropriate testing. Although the lady came to the hospital at 5 am on May 7, 2000 and the fetal heart rate showed 128 beats per minute, it is alleged that no other tests were performed until after 8 am according to the Amended Complaint. When the nurse was unable to locate a fetal heart rate at 8 am a doctor came in and realized the fetal heart rate was only 30 beats per minute (bpm). An obstetrician was then called in to do a C-Section. The doctors at Frederick Memorial Hospital who were found liable by the jury are Brian Rader, MD and Edward Chen, MD. The jury verdict included $71,000 in past medical costs, $870,000 for medical expenses up until the child reaches the age of majority, and $2 Million Dollars for medical care costs after age 18, $750,000.00 for lost earnings (also known as lost wages) and $300,000.00 for pain and suffering. This is a very significant verdict for Frederick County, Maryland. There have not been a lot of plaintiff verdicts in medical malpractice cases and brain damaged baby cases in Western Maryland counties such as Frederick County, Washington County, Garrett County and Allegany County, Maryland. Although there have not been a lot of medical malpractice and birth injury verdicts, we have heard a lot of complaints about the quality of medical care in Frederick County and other counties in Western Maryland. If you or someone you love has a child with cerebral palsy or any other birth injury, it is important to have the medical records reviewed by a seasoned Maryland medical malpractice attorney. The lawyers at Goldberg, Finnegan & Mester have experience handling cerebral palsy cases, brain damaged baby cases and other medical negligence cases and our staff includes an attorney who is also a Registered Nurse. Christian C. Mester has experience litigating brain damaged baby cases all over the United States. To learn more about his verdicts in these cases see: http://www.gfmlawllc.com/mester.cfm. We can be reached at 301-589-2999 x102.