The Washington Post reported that most fatal car accidents are single car accidents. Statistics in the article include that of the 7,945 people who died in the past 5 years in Maryland, Washington, D.C. and Virginia 58.9% were in single car crashes. The statistic came from AAA. The factors contributing to the deadly car accidents included speed, driving at night, driving under the influence. Several single vehicle wrongful death accidents that occurred include that on 2/1/09 a 17 year old passenger died after being ejected from a motor vehicle in Montgomery County, Maryland on Veirs Mill Road near Robindale Drive in Rockville, in April 2009 a 22 year old Virgnia, Leesburg lady was killed when her vehicle struck a tree in Chantilly, VA. Even when there is a single car accident, out lawyers thoroughly investigate potential negligence claims. Quite often, single car accidents are caused by phantom vehicles (unidentified vehicles). When this is the case, those injured or killed in a single car accident can make a claim for uninsured motorist benefits. If you or a loved one is injured or killed in a single Washington D.C., Virginia, or Maryland car accident call Goldberg, Finnegan & Mester at 301-589-2999.
Many people are confused over their rights when a loved one dies in Maryland. This is for good reason, as Maryland's wrongful death act is indeed complicated, even for attorneys. Generally speaking, when someone in Maryland dies as a result of the negligence of someone else (for example from a Maryland car accident, Maryland medical malpractice, Maryland work injury, from mesothelioma or a Maryland tractor trailer accident) two categories of legal claims relating to the death are possible. The first is the survival action which is brought by the Personal Representative of the Estate. This encompasses the decedent's conscious pain and suffering and other damages. Unlike many other states though, in Maryland a wrongful death claim is not brought by the PR of the Estate. Instead it is brought by the wrongful death beneficiary. The wrongful death claim does not belong to the decedent's estate. It belongs to the next of kin/wrongful death beneficiaries (if none exist, a wrongful death claim can sometimes be brought by secondary beneficiaries who are dependent). When someone in Maryland dies there is generally a wrongful death claim for the wife, husband, parent and child of the deceased person. Even adult children have a claim under Maryland's wrongful death act (See Cts. Jud. Proc. 3-904 (e)). The damages that can be recovered in a wrongful death claim include mental anguish, emotional pain and suffering, loss of society, companionship, loss of comfort, loss of protection, loss of care, loss of attention, advice , counsel and education/guidance. Basically the full slate of non-economic damages are recoverable in a Maryland wrongful death claim. A wrongful death claim must be brought within 3 years after the death (except if the death was caused by "occupational disease" in which case the claim must be brought within 10 years of the time of death or within 3 years of the date when the death is discovered (whichever is shorter). Navigating Maryland's wrongful death act is tricky and complicated, and claimants generally should have a lawyer to assist with this. For more information on, click here: Maryland's wrongful death act. It should be noted that there are a separate set of procedural rules for Wrongful Death Claims in Maryland, and all potential wrongful death beneficiaries need to be included in a lawsuit as use plaintiffs under the rules.
The lawyers at Goldberg, Finnegan and Mester are available to discuss any potential wrongful death claim, and there is no charge for the initial telephone consultation. If we take the case, there is generally no attorney fee if there is no recovery. We arrange to advance the litigation costs as well. Call us at 877-774-3652 (toll free).
Medical Malpractice Insurance Companies Show Enormous Profits, Directly Contradicting Their Own Testimony
Below, we have attached a release that demonstrates what we have been advocating for years: that the insurance industry's cries of medical malpractice cases causing a "malpractice crisis" were in fact false and made up by the insurance industry. Trial lawyers are easy targets and the insurance industry spends tens of millions of dollars every year to distort the truth so that they can continue increasing their profits while decreasing the rates they reimburse health care providers while at the same time raising the rates of insurance and improperly denying valid claims. It is business practices such as these that demonstrate the importance of continuing equal justice to all under our civil justice system and not a system that only protects those with the most money, like the insurance industry. Trial lawyers continue to fight for you and your families so that your rights are not further taken away by greedy insurance executives. The insurance industry's attempts to limit your rights should not be tolerated. Call your Representatives and Senators and let them know how disgusted you are at being duped by the insurance industry. Tell your friends and neighbors. Your family is worth it.
Goldberg, Finnegan & Mester, Protecting Your Rights.
Medical Malpractice Insurers Earning More Than Ever
10 biggest malpractice insurers have average profits higher than 99% of Fortune 500 companies
Washington, DC--As Congress debates nationwide health care reform, a new analysis reveals malpractice insurers have long-played a cruel hoax on legislators and the public. By systematically distorting profits and losses, insurers created phony "financial crises," so lawmakers would limit the legal rights of injured patients. Today, while premiums and health care costs skyrocket, malpractice insurers have average profits higher than 99 percent of Fortune 500 companies.
The key findings of the report, which analyzes the annual financial statements of the 10 largest U.S. medical malpractice insurers, include:
- The average profit of these insurance companies is higher than 99 percent of all Fortune 500 companies and 35 times higher than the Fortune 500 average for the same time period.
- Malpractice insurers have seen their profit margins range from 5.9 percent to 74.8 percent, with an average of 31.2 percent.
- Medical malpractice insurers have underestimated profits and overestimated losses, creating overblown insurance "crises" to garner support for limiting patients' legal rights. Then years later after the "crises" abated, revised filings show the companies were never in the financial peril they claimed.
- After overestimating losses, insurers have since reported that losses over the last five years have been approximately 13.5 percent lower than initially reported.
- By overestimating losses, companies have underestimated profits. Insurers averaged about 5.1 percent higher profits last year and 12.4 percent higher profits two years ago; these levels of profits will likely rise as upward revisions are made.
- Medical negligence laws were passed under false pretenses. Overblown reported losses were used by the insurance industry to justify new measures restricting the rights of those injured by medical negligence.
"Insurance companies are gouging doctors on their premiums to mislead lawmakers. And today, injured patients are often left with no avenue to pursue justice, while health care costs continue to skyrocketing," said American Association for Justice President Anthony Tarricone, managing partner at Kreindler & Kreindler LLP.
"As Congress looks to overhaul our nation's health care system, it's clear that limiting the legal rights of patients won't lower health care costs or cover the uninsured," continued Tarricone. "The focus should be on eliminating medical errors that injure or kill tens of thousands of Americans every year. Insurance companies clearly don't need another handout."
As part of its ongoing series on the topic, AAJ earlier released Medical Negligence: A Primer for the Nation's Health Care Debate and The Truth About "Defensive Medicine." These reports, as well as The Insurance Hoax: How Doctors and Patients Pay for the Huge Earnings of Medical Malpractice Insurers, can be located here.
We write simply to remind our friends that today (10/1/09) several new laws take effect in the State of Maryland. Three of the new laws that may impact our everyday lives are summarized below.
- Ban on Texting and Driving: It is now illegal to write or send text messages while driving. This law was passed based on the fact that more than 30 percent of the roughly 95,000 traffic accidents last year resulted from distracted driving according to the State Highway Administration. Maryland joins 18 other states that have already outlawed texting and driving. Violation of the new law is a misdemeanor and is subject to a $500.00 maximum fine. The prohibition does not apply to use of GPS systems or using text messaging to contact 911.
- Teen Drivers: Teen drivers must now wait three months longer to get a provisional license (until they are 16 years and 6 months old). Teens also are not eligible for a full license until they are 18 years old.
- Speed Cameras: Speed Monitoring Cameras are now permitted across the entire State of Maryland near schools and highway work zones. Fines are $40 for people who go at least 12 miles over the speed limit in those zones. For those of us who live in Montgomery County, MD, we already have speed cameras all over the place. Trust me when I tell you that they WILL make you slow down.
Judge Maurice Baldwin basically denied the Defendant's Motion to reduce the $150 Million Dollar Verdict against Exxon in the leak case in Baltimore County. After a 5 month trial in Baltimore County Circuit Court the jury awarded $71 Million Dollars ($71,000,000.00) in non-economic damages and Sixty One Million Dollars in decreased property value ($61,000,000.00), and Fourteen Million Dollars ($14,000,000.00) in medical monitoring. No punitive damages were awarded (they are very difficult to get in Maryland based on the Zenobia decision--basically you need to prove intentional conduct and/or actual malice). Judge Baldwin made a reduction in the award fro 4 homes that sold after the leek to the difference between the before leak appraisal and sale price. Judge Baldwin is a visiting judge who is retired from the Harford County Circuit Court. Exxon Mobil's attorney James Sanders indicated that Exxon will most likely appeal the decision. This is one of the greatest verdicts of all time in the State of Maryland. Attorneys Steve Snyder, Bob Welcheck, and others involved in representing the Plaitniffs should be very proud of the work they have done. The Judge's decision came as a result of a motion for remitter which is when a defendant asks the Judge to either reduce the verdict or grant a new trial.
The Washington, D.C. Metropolitan area is seeing an increase in fatal hit and run accidents according to the AAA. The majority of these fatal car accidents involve pedestrians. Most of these accidents are occurring in uban areas such as Baltimore, Maryland and Washington, D.C. On September 17 a pedestrian was killed on Annapolis Road in Riverdale, MD according to Prince George's County police. On September 18 a bicyclist was critically injured as a result of being struck by a car in Washington, D.C. In both cases, the driver left the scene of the accident and has not been apprehended. Other hit and run incidents that AAA notes in our area include two women who were struck by a car in Silver Spring, MD near Capital View Avenue (they were both dragged by the car but survived). In August a 28 year old bicyclist was killed on Lee Highway and Lake Manassas Drive in Gainesville. Emmanuel Yeboah was biking when he was stuck by a car from behind. A cyclist was killed in Ocean City, MD by a hit and run driver according to Maryland State Police. AAA studies indicate that fatal hit and run crashes most often occur on weekends and in the evening hours. An article on this very issue can be found at http://www.washingtonpost.com/wp-dyn/content/article/2009/09/21/AR2009092103498.html
The rise in hit and run accidents is an excellent reason to be sure that you have adequate uninsured motorist coverage. Uninsured motorist coverage provides protection to you and your family members when involved in a Maryland car accident with an uninsured motorist. Maryland law's definition of an uninsured motorist includes a hit and run motorist. Uninsured motorist coverage is relatively cheap to purchase, and we recommend that all motorists buy at least $100,000.00 of uninsured motorist protection (buy as much coverage as you can reasonably afford). More coverage should be bought if at all possible. Insurance Agents often will try to sell Maryland Consumer minimum limits policies and/or try to get consumers to waive uninsured motorist coverage. NEVER WAIVE YOUR UNINSURED MOTORIST COVERAGE (Or PIP Coverage). It is critically important. If you are injured as a result of an "uninsured motorist" or a hit and run accident call us toll free at 301-589-2999 or visit our website at www.gfmlawllc.com. Phone consultations are free and there is no attorney fee if there is no recovery.
In Washington, D.C. and Maryland there are a lot of uninsured motorists out there and it is critically important that you have uninsured motorist coverage to protect you and your family in the event that you are struck by an uninsured motorist or a hit and run vehicle. The Maryland uninsured motorist law is at 19-509 of the Insurance Article of the Maryland Code and is set forth below:
§ 19-509. Uninsured motorist coverage-in general
(a) In this section, "uninsured motor vehicle" means a motor vehicle:
(1) the ownership, maintenance, or use of which has resulted in the bodily injury or death of an insured; and
(2) for which the sum of the limits of liability under all valid and collectible liability insurance policies, bonds, and securities applicable to bodily injury or death:
(i) is less than the amount of coverage provided under this section; or
(ii) has been reduced by payment to other persons of claims arising from the same occurrence to an amount less than the amount of coverage provided under this section.
(b) The uninsured motorist coverage required by this section does not apply to a motor vehicle liability insurance policy that insures a motor vehicle that:
(1) is not subject to registration under § 13-402 of the Transportation Article because it is not driven on a highway; or
(2) is exempt from registration under § 13-402(c)(10) of the Transportation Article.
(c) In addition to any other coverage required by this subtitle, each motor vehicle liability insurance policy issued, sold, or delivered in the State after July 1, 1975, shall contain coverage for damages, subject to the policy limits, that:
(1) the insured is entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injuries sustained in a motor vehicle accident arising out of the ownership, maintenance, or use of the uninsured motor vehicle; and
(2) a surviving relative of the insured, who is described in § 3-904 of the Courts Article, is entitled to recover from the owner or operator of an uninsured motor vehicle because the insured died as the result of a motor vehicle accident arising out of the ownership, maintenance, or use of the uninsured motor vehicle.
(d) The uninsured motorist coverage required by this section shall be in the form and subject to the conditions that the Commissioner approves.
(e)(1) The uninsured motorist coverage contained in a motor vehicle liability insurance policy:
(i) shall at least equal:
1. the amounts required by Title 17 of the Transportation Article; and
2. the coverage provided to a qualified person under Title 20, Subtitle 6 of this article; and
(ii) may not exceed the amount of liability coverage provided under the policy.
(2) Unless waived in accordance with § 19-510 of this subtitle, the amount of uninsured motorist coverage provided under a private passenger motor vehicle liability insurance policy shall equal the amount of liability coverage provided under the policy.
(f) An insurer may exclude from the uninsured motorist coverage required by this section benefits for:
(1) the named insured or a family member of the named insured who resides in the named insured's household for an injury that occurs when the named insured or family member is occupying or is struck as a pedestrian by an uninsured motor vehicle that is owned by the named insured or an immediate family member of the named insured who resides in the named insured's household; and
(2) the named insured, a family member of the named insured who resides in the named insured's household, and any other individual who has other applicable motor vehicle insurance for an injury that occurs when the named insured, family member, or other individual is occupying or is struck as a pedestrian by the insured motor vehicle while the motor vehicle is operated or used by an individual who is excluded from coverage under § 27-609 of this article.
(g) The limit of liability for an insurer that provides uninsured motorist coverage under this section is the amount of that coverage less the amount paid to the insured, that exhausts any applicable liability insurance policies, bonds, and securities, on behalf of any person that may be held liable for the bodily injuries or death of the insured.
(h)(1) A policy that, as its primary purpose, provides coverage in excess of other valid and collectible insurance or qualified self-insurance may include the uninsured motorist coverage provided for in this section.
(2) The uninsured motorist coverage required by this section is primary to any right to recovery from the Maryland Automobile Insurance Fund under Title 20, Subtitle 6 of this article.
(i) An endorsement or provision that protects the insured against damages caused by an uninsured motor vehicle that is contained in a policy issued and delivered in the State is deemed to cover damages caused by a motor vehicle insured by a liability insurer that is insolvent or otherwise unable to pay claims to the same extent and in the same manner as if the damages were caused by an uninsured motor vehicle.
(j) A provision in a motor vehicle liability insurance policy issued after July 1, 1975, about coverage for damages sustained by the insured as a result of the operation of an uninsured motor vehicle that requires a dispute between the insured and the insurer to be submitted to binding arbitration is prohibited and is of no legal effect.
MD Code, Insurance, § 19-509
A civil jury in PG County, MD compensated a lady whose child died in a Maryland car crash with a police officer $4 Million Dollars. The jury determined that a Prince George's County Police Officer was negligent when he crashed his police car into a 20 year old's car and killed him. The jury essentially found that Officer/Corporal Mario Chavez was going twice the speed limit at the time of the crash. The Maryland car accident was in December of 2007 and the decedent is Brian Gray. Mr. Gray was a college student at the University of Maryland and he was on his way to take an exam. PG County tried to argue that Mr. Gray was contributory negligent (a finding of contributory negligence is a bar to any recovery in Maryland--very unfair).
What I find most interesting is that The Washington Post reported the $4 Million Dollar verdict, but there is no mention of the fact that the verdict will be reduced substantially based on the Local Government Tort Claims Act. In Maryland, claims against local governments are limited to $200,000.00 per individual claim and $500,000 for total claims that arise from the same occurrence (Section 5-303 of the Cts & Jud Pro. Art. MD Code). Therefore, although the Washington Post and other news outlets reported a $4 Million Dollar Verdict, the reality is that the amount that Mr. Gray's family will collect is substantially less than that. I think it is irresponsible for news agencies to report on the amount of a verdict, but not to report the fact that almost all large jury verdicts end up getting reduced by the judge for one reason or another (In this case because of the Maryland Local Government Tort Claims Act). This leaves the public with the impression that there are a lot of large tort recoveries when in fact there are very few.
The following is a statement from Maryland Association for Justice President Kevin Goldberg:
Columbia, MD--"Last night, President Obama made the case for health care reform to provide coverage for the uninsured and to lower health care costs for all Americans.
"The plan for demonstration projects raised by President Obama will require more detail. But the focus of any project must be on improving patient safety and reducing medical errors that kill over 98,000 people each year in American hospitals. Shielding health care providers from accountability will not improve health care.
"The attorneys who represent injured patients see first-hand the effects medical errors have on patients and their families. Everyone should keep injured people in mind as the debate moves forward. Providing justice for injured patients should not become barter for compromise on health insurance reform."
In Virginia, the law is uninsured (and under-insured) motorist coverages can be stacked unless there is crystal clear policy language prohibiting such stacking. On June 4, 2009 the Virginia Supreme Court issued an opinion in Virginia Farm Bureau v. Williams which held that an injured child was entitled to $850,000.00 in under-insured motorist coverage since the UM endorsement was ambiguous in the policy.
Generally, if insurance policy language is ambiguous and can be understood to have more than one meaning, then its language will be interpreted in favor of coverage and against the insurance company. It is really important that anyone injured in an accident who is insured with a Virginia automobile policy have a car accident attorney examine the insurance policy carefully to determine how much insurance coverage is available. If there are 5 vehicles insured on the policy and a premium was paid for each vehicle to have $100,000.00 in uninsured motorist coverage, then there will likely be $500,000.00 in um coverage available unless there is clear policy language stating that the coverage does not stack. If you or your loved one has been seriously injured in an accident, the lawyers at Goldberg, Finnegan & Mester will carefully review applicable insurance policy language and determine whether it is possible to stack insurance coverages. This is critical in catastrophic injury cases where the injuries and medical expenses alone can far exceed the available insurance coverages on the at fault driver's liability insurance policy. Unlike Virginia, the law in Maryland is that insurance coverages do not stack. Therefore, if you are insured with a Virginia automobile policy and you are injured in an accident in Maryland, it is important to be sure that your lawyer knows the law in both jurisdictions so that a determination can be made as to whether you are entitled to stack coverages.
For more information about maximizing the amount of insurance coverage available for your auto accident case, read Kevin Goldberg's article published in Trial Reporter: http://www.gfmlawllc.com/pdf/summer_article_2008.pdf
There was a terrible accident yesterday in Elkridge Maryland. Mr. Aaron Jacob Lorsong of the 13000 block of Rover Mill Road in West Friendship, is said to have been intoxicated when he struck a teenage on a bicycle on Route 108 near Lark Brown Road, and apparently was charged with possession of a controlled dangerous substance. Mr. Lorsong was driving a Nissan. Mr. Lorsong will surely face criminal charges as a result of this incident including driving while intoxicated. Anyone with information about this crash should call the Police Department at 410-313-3700. While the criminal laws regarding drunk driving in Maryland are quite strict, the civil consequences of drunk driving are often incredibly sparse. The first problem is that in many cases, the intoxicated driver will have minimal limits of insurance (the minimum in Maryland is $20,000.00). Therefore, if the medical bills are substantial, the injured victim gets nothing or next to nothing. Maryland should increase the minimum limits of insurance to at least $50,000.00 per person. Second, Maryland law is one of only 3 or 4 states in the entire USA that does not allow for dram shop actions. A dram shop action is a lawsuit against the bar where the driver became intoxicated. The bar or tavern would typically have a much larger insurance policy, and if the bar was negligent in serving someone alcohol, then it should be held accountable for the resulting injuries. The third problem is that Maryland law does not allow for a person injured by a drunk driver to claim punitive damages. This is a result of the Zenobia case in which our appellate court essentially held that punitive damages are not available to those injured by others unless there is actual intent to injure. This is ridiculous, and the Maryland Legislature should step in and change the law. Drunk drivers should be held accountable in our civil justice system for the injuries that they cause. Maryland claims to be tough on drunk drivers by having strict criminal laws against intoxicated drivers, but then does not back up that policy with civil laws that would hold drunk drivers accountable for their actions. Our lawyers are extremely experienced at finding theories of liability and insurance coverage so that victims of drunk driving are fully compensated for their injuries. To read more about how to find insurance coverage in Maryland consider reading this article written by attorney Kevin Goldberg at Goldberg, Finnegan & Mester, LLC http://www.gfmlawllc.com/pdf/summer_article_2008.pdf
For more information about your rights if you are injured by a drunk driver call the Maryland Attorneys, Goldberg, Finnegan & Mester, at 877-774-3652 or visit our website at www.gfmlawllc.com.
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.