Maryland Injury Lawyers Blog

On Wednesday March 25, 2009 a school bus was involved in a car accident with a truck in Garrett County, Maryland. Numerous students were taken to Garrett Memorial Hospital for medical care, and the driver of the truck involved in the crash was killed. The driver of a Ford Ranger, Robert Biers of Accident, Maryland, t-boned the school bus and unfortunately, was killed in the crash. It is not clear whether Mr. Biers was solely at fault or if the school bus operator was at fault as well. The school bus was driven by Samuel Thomas who is from Accident, Maryland. Our thoughts and prayers go out to those injured in this accident. In terms of Maryland school bus accident legal claims, those injured should know that if they intend to bring a claim against the County or School Board, they must act quickly and put the County on formal notice as per Maryland's Local Tort Claims Act which requires that local governments receive notice within 180 days of the crash. If the State is involved, notice must be given to the State within a year of the crash. It is important to seek legal counsel for cases in which government may be at fault because of the strict notice requirements. If the notice is not proper as per the statute, then the case will be thrown out. This is very unfair and is a trap for the unwary. An example of this can be seen from the recent unfortunate case of Halloran v. Montgomery County in which the Court of Special Appeals threw out the case against Montgomery County because the notice was not properly written and was not delivered to the proper authorities (Opinion 3/31/09 by Judge Woodward). To see the entire opinion, click here. The Court dismissed the case and explained that:

"Although she noted her injuries, she made no allegation that the County was responsible for damages resulting from those injuries. In short, Halloran requested no relief other than that the condition of the road be repaired. Furthermore, the letter was not directed to the proper party under the LGTCA, namely the County Executive. Instead, the letter was addressed to the "Highway Maintenance" division of DPWT. No other entity, particularly the county council, county law office, or "corporate authority," was copied on the letter. In handling the letter, DPWT did not forward Halloran's letter to any of these entities or copy them on DPWT's response. Consequently, the letter failed to inform "the proper officials that [Halloran] [was] pursuing a claim." Bibum, 85 F. Supp. 2d at 564 (emphasis added). Therefore, based on this letter, the County had no reason to, and did not in fact, start "an investigation into a tort claim for damages involv[ing] . . . legal defenses, the nature and extent of the actual injuries sustained, the causal relationship of the injuries to the alleged misconduct, the likelihood of an award of compensatory and/or punitive damages, the necessity and cost of expert testimony, and litigation strategy." Wilbon, 172 Md. App. at 204. Accordingly, Halloran's October 22, 2004 letter to DPWT did not "apprise [the County] of its possible liability at a time when it could conduct its own investigation," Faulk v. Ewing, 371 Md. 284, 298 (2002) (internal quotations omitted), and thus did not substantially comply with the notice provision of the LGTCA."

Our Silver Springs Maryland law firm handles cases against the government, including Garrett County, and would be glad to assist with claims relating to this case meant for a Maryland school bus accident lawyer. If you have a claim against a government, local government or Maryland County or City, it is crucial that you hire an attorney immediately after the accident so that your legal rights can be properly preserved and all necessary notice requirements complied with. For more information, call us at 888-213-8140 x102. Or fill out our contact form.

Yesterday a 4 year old boy was attacked by a pit bull named "pimp" in District Heights which is in P.G. County, Maryland. The boy suffered terrible injuries from this Maryland dog bite and may lose his eyesight. Pit Bulls have been heavily regulated in Prince George's County Maryland since 1997. The Prince George's County Code Provides that "The owner shall maintain the dog within a building or a secure kennel at all times. Whenever the dog is removed from the building or kennel it shall be secured by an unbreakable or unseverable leash and maintained under the control of an adult." Many other counties in Maryland have similar code provisions. Animal Control authorities have quarantined the dog, and the boy is being treated for his injuries at John's Hopkins Wilmer Eye Institute.

Any person who is injured by a dog bite, including a pit bull, has a potential negligence claim against the dog owner. Such claims are often covered under homeowner insurance policies (but some policies exclude this coverage). Our law firm (Kevin Finnegan and Tad Farrington) has handled many pit bull and dog bite cases and we have received large verdicts for dog bite victims. One such case generated a reported opinion in the Maryland Court of Special Appeals. Even if there is not a code provision on point, a negligence claim can be brought against the owner of the dog. If you or someone you know has been injured as a result of a dog bite, our Maryland Dog Bite law firm can help. We will conduct a fact investigation (obtain animal control records), determine if the dog had a dangerous past history, and locate insurance coverage that may exist. Call us at 301-589-2999 or contact us via our contact form.

Montgomery County Executive, Ike Leggett's county owned vehicle was struck by a drunk driver in Montgomery County, Maryland in Burtonsville. He suffered personal injuries from this Maryland auto accident, and in a recent interview he admits that the recovery has been tough. He missed about 3 weeks of work, and has been on a lot of medications for pain for his back and neck injuries. Mr. Leggett injured his right wrist and hand in the car accident with the drunk driver and now wears a brace. The driver of the other vehicle apparently ran a red light and slammed into the passenger side of Mr. Leggett's SUV.

Since this crash, Mr. Leggett has made a push for tougher DUI laws in the State of Maryland. Unfortunately, in Maryland, punitive damages are not available even against drunk drivers. The Maryland legislature should consider changing this law. If someone drives a car while intoxicated or drunk in Maryland, then a jury should have the option of including punitive damages in the verdict against that person. If you are injured in a car accident by a drunk driver, our Maryland law firm can provide aggressive legal representation to you and your family. We will fight to obtain the maximum settlement from the insurance company and the at fault driver for your injuries.

There was another terrible fatal car accident in St. Mary's County, Maryland on Clover Road on March 23, 2009. A Lexington Park lady was killed on Monday. Lindsey Rudolph's vehicle--a Honda Civic- apparently crossed the center line and went onto the wrong side of the roadway, and struck a vehicle-a Ford E-350- driven by Donald Matlock of Mechanicsville. Mr. Matlock apparently suffered serious injuries and is in the hospital as a result of the accident.

Although it is not clear why Ms. Rudolph's vehicle was on the wrong side of the road, Mr. Matlock's family should consider hiring a lawyer to investigate this car crash in Maryland and make a claim against Ms. Lindsey Rudolph's estate if she was in fact at fault. It is always unfortunate when a legal claim needs to be made against a driver who is killed and/or injured in an accident. At this point, we do not know why Ms. Lindsey Rudolph drove onto the wrong side of the roadway. Maybe she suffered a sudden medical emergency? Maybe she fell asleep while driving? Maybe she was distracted while talking on a cell phone and/or sending text messages? Maybe she was under the influence of drugs or alcohol? These issues need to be properly investigated. Mr. Matlock should consider hiring a law firm with the experience and resources to investigate these issues. For more information about maximizing the amount of insurance settlements in car accident and wrongful death cases, you can read the article written by Kevin Goldberg at or the article written by Kevin Finnegan. We provide free consultations. Call us at 301-589-2999 x102 or visit our website at www.gfmlawllc.com.

No doubt you have heard or read about medical malpractice. But, are you aware of such a thing called Maryland psychiatric medical malpractice? It is no laughing matter. In today's world, there are thousands of people who see psychiatrists to help deal with their problems.

The National Institute of Mental health stated that more than one-fourth of Americans suffered from a diagnosable mental illness. Getting professional help to reduce your mental illness is a wise choice. There is nothing to be ashamed of.

Similar to the medical field, Maryland psychiatric malpractice refers to the misconduct of a psychiatrist who fails to deliver professional service in the care and treatment of patients. High standards are required of psychiatrists. Failure to comply with such standards could result in psychiatric medical malpractice. Some typical examples are mental abuse, sexual relations with patient, breach of privacy and failure to diagnose or treat patient properly.

Since psychiatrists are dealing with patients' minds and emotions, it is very important that these medical practitioners handle the patients with extreme caution and diagnose the proper treatment. There are legal cases against unscrupulous psychiatrists. You and your friends or loved ones should be aware of this.

In case you or those whom you know face a situation of psychiatric or any other type of malpractice, don't hesitate to contact our Silver Spring Medical Malpractice Lawyers, Goldberg, Finnegan & Mester, LLC, at (888) 213-8140. We will be pleased to advise you legally. And provide the necessary legal counsel for litigation purposes.

There was a tragic car accident in Anne Arundel County this week. Kurt J. Minter of Baltimore, Maryland was killed when he was struck by a vehicle owned by the Holy Temple Church of God in Annapolis, Maryland. Mr. Minter's 2007 Mazda apparently broke down (ran out of gas) and he got out of the car to push it. He was then struck by the vehicle owned by the Church. Mr. Minter suffered fatal head and neck injuries from the impact. Mr. Minter's family can bring a lawsuit against the driver of the vehicle that struck him, and against the Church for agency and/or vicarious liability.

Our thoughts and prayers are with Mr. Minter's family and friends. Even during this time of grieving, it is important that they consider hiring an attorney to investigate this incident and obtain witness statements. Unfortunately, insurance companies often get a head start on accident investigations and important evidence can be altered or disappear. Our Maryland Auto Accident Lawyers and investigative team can help. Call Goldberg, Finnegan & Mester at 301-589-2999 x102 or toll free at 88-213-8140.

On Sunday March 22,2 009 there was another deadly car accident on Route 3 near 739 in Virginia. This time 4 people were killed including Tyler S. Harlow, Tianna V. Jones, Joseph L. Sahnow and James B. Cook. Mr. James Steiniger was seriously injured in the crash. Our thoughts and prayers go out to the families of those killed and injured. This car accident occurred when Eugene T. Green, age 29, apparently drove his Chevy Tahoe on the wrong side of the road. Authorities are investigating whether alcohol was a factor. A photograph of the area is below. This is a deadly stretch of highway and people have even referred to it as Dead Man's Curve. In August 2008 17 year old Kelsey Orndorff was killed at this same location when her 2004 Dodge Intrepid ran off the road. In August 2007 Amith Stein Grace died after a drunk driver named Michael W. Kilby crossed the center line and struck her Chevy Blazer. Mr. Kilby pleaded guilty o aggravated involuntary manslaughter and will likely serve a lengthy prison sentence.

Virginia needs to take a serious look at what can be done to make this area safer. Perhaps stepped up speed enforcement, flashing lights and even rumble strips to keep vehicles (even drunk drivers) from crossing the center line would be a good idea. The families of those injured or killed on Route 3 in Virginia need to make sure that -even in their time of grieving--that the evidence is preserved. They should hire an attorney to conduct a full fact investigation rather than simply relying on the Virginia State Police. Unfortunately, in tragic cases like this, the insurance companies get a head start and evidence gets lost or manipulated in such a way that insurance companies can avoid or minimize payments for wrongful death, survival and personal injuries. Attorneys representing those injured on this roadway need to consider negligence actions against the other driver AND the against Virginia for improperly maintaining and constructing this roadway. The Silver Spring lawyers at Goldberg, Finnegan & Mester, LLC handle car accident investigations and injury cases in Virginia, Washington, D.C. and Maryland.

Well, if you are, read on. In 2007, it was estimated that more than 50 million surgeries were carried out in US. With such a huge number, it is not surprising that there were many surgical errors, including cases of Maryland medical malpractice.

Unfortunately, nationwide, these surgical errors cause the deaths of 98,000 lives every year according to the Institute of Medicine. And then there are cases of serious implications due to surgical errors. So, it is better for you and your loved ones to know about possible surgical errors and possible causes of medical malpractice. Some of them are use of unsanitary surgical tools, puncture of organ, surgery of the wrong organ, and delayed and/or prolonged surgery.

The most common errors occur in plastic surgery, childbirth, gastric bypass, cardiothoracic, thoracic surgery and laparoscopic intestinal surgery. For those who are thinking of going for plastic surgery, think twice. Liposuction, breast implants and face lifts have been known to have surgical errors.

At Goldberg, Finnegan & Mester, we are specialists: Maryland medical malpractice attorneys. We know the laws, including those involving surgery. For free consultation, please call us at Goldberg, Finnegan & Mester at (888) 213-8140. And should you have the need to pursue legal action, we will be glad to provide the necessary litigation and legal counseling service.

Every day, Americans are bombarded with reminders of the tough economic times facing this country. Another day passes with losses on the stock market. Another large financial institution requires more Federal funding to survive. Home foreclosures remain on the rise, while consumer confidence is approaching all-time lows.

As Americans try and adjust to these new economic realities, many individuals are finding ways to cut costs at home. Unfortunately, some methods employed by individuals may have an impact on the nation's drivers. In January, the Insurance Research Council prepared a s indicating that due to the recent economic downturn (and the corresponding rise in unemployment), many of the nation's drivers were cancelling or letting their automobile insurance policies lapse. Yet, they would remain on the road, hoping to avoid an accident. According to the study, "a single percentage point increase in the unemployment rate is associated with a half-point increase in the percentage of uninsured drivers," said David Corum, council vice president. The nation's jobless rate was up two percentage points to 6.7% in November from a year earlier.

If you are a Virginia resident and are involved in an automobile accident caused by an uninsured (or underinsured) driver, then you can make sure you are protected due to the concept of "stacking" coverage, which is generally permissible in the Commonwealth of Virginia. (Unfortunately, stacking is not permitted in Maryland).

For example, if you are involved in an accident caused by an uninsured driver, your automobile policy's uninsured/underinsured motorist coverage will provide you with coverage for the incident and any medical bills you may incur up to the policy limits of that insurance coverage. If, however, the level of coverage is not enough to cover all of the bills, if there are other drivers who reside with you and are "resident relatives" who have their own automobile insurance policies, you can "stack" their uninsured/underinsured motorist coverage with your coverage, increasing the total coverage available to you. The following example will illustrate how this works.

Perhaps you are hit by a driver who only obtained the minimum liability coverage when they insured their vehicle as a means of reducing their expenses. In Virginia, the minimum coverage allowed by law is $25,000 per person/$50,000 per accident. With the rising costs of health care, $25,000 may simply not be enough to cover your injuries and medical bills. "Stacking" can make sure you are covered in this situation as well. If, hypothetically, your vehicle was the only vehicle in your home, and your automobile policy provided $25,000 for uninsured/underinsured motorist coverage, you would not be able to recover anything above the other driver's $25,000. However, if or there were other vehicles in your home insured by resident relatives, you can probably "stack" the policies to create higher limits of protection. If there were two more cars in your home, one with $50,000 in uninsured/underinsured motorist coverage, and the other with $100,000 in uninsured/underinsured motorist coverage, these three policies would "stack," and the result would be uninsured/underinsured coverage for your injuries in the amount of $150,000. (The total is $175,000, but that would be subject to a $25,000 credit from the liability policy for the person causing the accident.) In this situation, if the $25,000 cannot cover all of your injuries and medical bills, Virginia's "stacking" rules make sure you can be covered.

Also, automobile insurance policies offer coverage for PIP or med-pay. These are benefits which can be used to pay for medical expenses that result for an automobile accident. In the Commonwealth of Virginia, just as uninsured/underinsured benefits can be "stacked," med-pay benefits can be stacked as well. If your policy provides you with $2,000 in med-pay benefits, but the other two vehicles in your home also have $2,000 in med-pay benefits, then you can "stack" those three to provide you with $6,000 in med-pay benefits, to be put towards your medical bills and expenses.

To make sure that you and your family have the necessary coverage to protect you in such a situation, call your insurance broker or visit your insurance company's webpage to find out more information. Make sure that you purchase enough automobile insurance to cover you if you are in an accident with an uninsured or underinsured driver and also enough liability insurance to cover you if you are at fault and cause injuries to someone else. You should have at least as much liability insurance as you have assets. If you or a loved one has been injured in an automobile accident, call the experienced Virginia and Maryland auto accident attorneys at Goldberg, Finnegan & Mester, LLC today for your free consultation. We can be reached at (301)589-2999, or 24 hours a day through our website, www.gfmlawllc.com.

As you may know, Washington, DC heart disease is the number killer in the world today. Thousands of people have died due to sudden heart attacks. And there are millions of people suffering from heart attack problems.

But, if your heart problem was detected early, you could gain from the proper medical treatment. A proper diagnosis would lessen the damages. You will be well prepared if there is a heart attack.

There are many warning signs that could indicate a possible heart attack: chest pain coming from the upper body, nausea, neck and jaw pain and shortness of breath. It is better for you to know to remember these signs in case you or your loved one faces an eminent heart attack. But, more importantly, it is for you to insist on proper medical treatment as a heart patient. There are numerous cases of Washington DC medical malpractice, misdiagnosis, doctors and nurses jumping to the wrong conclusions such as normal heart burn or acid reflux.

A person who is misdiagnosed could end up having a stroke, permanent paralysis or death. In reality, there are thousands of such misdiagnosis cases which have affected many lives.

If you or your loved one is one such victim, you are entitled to sue the medical practitioners for negligence and malpractice. Please call Goldberg, Finnegan & Mester, LLC toll free at (888) 213-8140 for legal assistance. Our professional Maryland medical malpractice lawyers have years of experience with litigation and legal counseling.

Ms. Christine Schoppert died as a result of injuries she suffered when her car was struck and pushed into the path of a garbage truck as she was dropping her daughter off at school in Glen Burnie, Maryland. After the accident, a passing U.S. Coast Guard Officer -- Lavelas Luckey - pulled a five year old girl from the car just minutes before the car burst into flames. Although the police are still investigating the crash, it was probably the result of negligence on the part of either the Chrysler Concord driven by Brian Weatherly and/or negligence on the part of the garbage truck (most likely due to the negligence of Mr. Weatherly).

The location of the crash, East Ordnance Road, is a dangerous stretch of highway where cars tend to speed. Since there is no left turn lane, drivers often get rear ended. The driver of the trash truck, Marlon Robinson, apparently was not injured.

It is important that Ms. Schoppert's family make sure that a proper investigation is conducted and witness statements are obtained so that an appropriate negligence claim can be brought on behalf of the 5 year old child and other family members. Sometimes, the police investigation alone is inadequate, and therefore it is important to consider hiring a law firm that will hire a private investigator to do the appropriate fact investigation immediately after the accident before important evidence disappears and before the insurance companies for the negligent parties get to the witnesses and evidence.

In Maryland, in tragic motor vehicle accidents like this one, several legal claims can arise. Our law firm has experience and knowledge necessary to conduct the proper investigations and locate adequate insurance coverage to make certain that families that are the victim of negligence are properly protected. Since the driver of the private vehicle involved in the crash, Mr. Weatherly, probably has limited insurance, the questions that need to be asked and answered are: Was Mr. Weatherly working at the time of the crash, Was he on his cell phone, Was the garbage truck negligent, was the roadway negligently designed, and was the 2006 Nissan Maxima that Ms. Christine D. Schoppert was in defectively designed and did that cause it to catch on fire. To read more about located adequate insurance coverage in accident cases see: http://www.gfmlawllc.com/pdf/summer_article_2008.pdf. Call Goldberg, Finnegan & Mester at 301-589-2999 or toll free at 888-213-8140.

A lot of people ask questions about automobile negligence cases involving driving in the snow. The law in Maryland, is essentially that an operator of a car must use reasonable care under the circumstances. When there is snow or ice, reasonable care would require that the driver use even more care and caution than if it was a clear sunny day. General negligence law applies to all weather conditions--rain, sleet, snow, sun, and hail.

Our law firm represents many people who have been injured as a result of Maryland car accidents that occur in the snow or in ice conditions. A common situation is that a defendant driver will slide or skid on ice and rear end the vehicle in front of him. The passengers of the front vehicle would make a negligence claim against the insurance company and driver of the vehicle that skidded into them. Most cases like this would settle and the insurance company would accept liability because a driver who strikes another vehicle in the rear is typically assumed to have not acted with reasonable care under the circumstances. The Maryland Court of Special Appeals explained that " a true evidentiary presumption of negligence arises where a motor vehicle is lawfully stopped on a highway awaiting for traffic to clear before entering an intersecting highway and that vehicle is suddenly struck from behind by another vehicle, resulting in personal injuries and property damage to the driver and the front vehicle. See McClain, Maryland Evidence, sec. 301.1(e) (1987). From that presumption, a trier of fact may reasonably infer negligence on the part of the driver of the following vehicle." Andrade v. Housein 147 Md.App. 617, 623, 810 A.2d 494, 498 (Md.App.,2002).

If the case were to go to trial, the factfinder (a judge or jury) could find that the striking driver who skidded on ice did not act negligently, and that the accident occurred because of the ice or snow. While most of the time the plaintiff/claimant would prevail in this situation, accidents in the snow and on ice create an additional obstacle that must be overcome. Our trial lawyers are aware of this additional hurdle, and will typically prepare the case to prove that the accident did not happen just because of the ice or snow, but because the adverse driver did not act reasonably, that he was either speeding (going too fast), distracted (listening to the radio or on cell phone), negligently maintained his vehicle (no snow tires?) or made an error in judgment in choosing to travel in the snow.

The bottom line is that plaintiffs win most rear end collision cases--even when the car accident occurs in the snow. If you are involved in a car accident involving ice or snow, call our Maryland Personal Injury law firm so that we can protect your rights. (301) 589-2999. We handle cases in Maryland, Virginia and Washington, D.C.

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."