Monday, August 11, 2014

Accident Attorney in Maryland

Is there a defense to the rear end accident in Maryland. Well, yes there is. The defendant who runs into the back of your car has several defenses. One, you were not hurt. Two, you stopped suddenly and with out warning. Three, they had unexpected equipment failure and Four, they had an unexpected sudden medical emergency. Do not take your case for granted. Call the Accident Attorney when you need answers. 1-888-760-7339. When Injury Gets Personal Call Me Direct.

Thursday, July 17, 2014

Ask The Top Maryland Personal Injury Lawyer in Baltimore County 1-888-760-7339

You have questions and I have answers. When personal injury becomes personal for you called a Maryland personal injury attorney with experience and a proven track record of success. There is one opportunity that should not be overlooked in litigation to help isolate the issues and force stipulations. Specifically, at the settlement conference the court has the authority to limit the need for court time offering testimony that is uncontested. Those uncontested facts can be established at the settlement conference. Rule 2-504.2. Pretrial conference (a) Generally. The court, on motion or on its own initiative, may direct all parties to appear before it for a conference before trial. If the court directs, each party shall file not later than five days before the conference a written statement addressing the matters listed in section (b) of this Rule. (b) Matters to be considered. The following matters may be considered at a pretrial conference: (1) A brief statement by each plaintiff of the facts to be relied on in support of a claim; (2) A brief statement by each defendant of the facts to be relied on as a defense to a claim; (3) Similar statements as to any counterclaims, cross-claim, or third-party claim; (4) Any amendments required of the pleadings; (5) Simplification or limitation of issues; (6) Stipulations of fact or, if unable to agree, a statement of matters of which any party requests an admission; (7) The details of the damage claimed or any other relief sought as of the date of the pretrial conference; (8) A listing of the documents and records to be offered in evidence by each party at the trial, other than those expected to be used solely for impeachment, indicating which documents the parties agree may be offered in evidence without the usual authentication and separately identifying those that the party may offer only if the need arises; (9) A listing by each party of the name, address, and telephone number of each non-expert whom the party expects to call as a witness at trial (other than those expected to be used solely for impeachment) separately identifying those whom the party may call only if the need arises; (10) A listing by each party of those witnesses whose testimony is expected to be presented by means of a deposition (other than those expected to be used solely for impeachment) and a transcript of the pertinent portions of any deposition testimony that was not taken stenographically; (11) A listing by each party of the names and specialties of experts the party proposes to call as witnesses; (12) Any other matter that the party wishes to raise at the conference. (c) Pretrial order. The court shall enter an order that recites in detail the decisions made at the conference. The order controls the subsequent course of the action but may be modified by the court to prevent manifest injustice. If you have questions regarding Maryland personal injury ask the Maryland personal injury lawyer. 1-888-760-7339

Thursday, July 3, 2014

Ask The Accident Attorney in Maryland About Personal Injury

You Have Questions. I Have Answers. When Injury Gets Personal. Call me direct 1-888-760-7339. One of the initial complications of getting life back in order will involve getting mobile once again. If your auto insurance policy has rental coverage you are in good shape. If you do not have the rental coverage then it is the other driver's policy that pays. In that circumstance liability must first be established before the other driver's insurance company will pay.There are unfortunate times when the cost to repair your vehicle is greater then the fair market value of your vehicle. The problem is bad in every direction but even worst when you owe more than the car's fair market value. Which means the lender still wants to get paid. But the insurance company only wants to give you fair market value. The issue can be litigated when the injury claim is addressed and often is an element of discussions in settlement negotiation. We fight for your justice. Put experience on your side. 1-888-760-7339.

Ask The Maryland Personal Injury Lawyer

You Have Questions. I Have Answers. 1-888-760-7339. One of the initial challenges following the automobile accident, other than medical attention is making arrangements to get your vehicle repaired. This involves contacting your insurance company to verify your insurance coverage. And having your attorney contact the other drivers insurance company to verify their insurance coverage. You would like to confirm that there is rental coverage. And you would like to confirm that the defendant driver is accepting liability. If the defendant is accepting liability, their insurance company will make arrangements to remove your vehicle from the tow lot, assuming your car was towed from the accident scene. They will then evaluate the damage to determine if the vehicle can be repaired for less than fair market value, if the car can be repaired. They will tow the vehicle to the destination of your choice for repairs. Or you can follow their recommendation and have the repairs done at one of their affiliated repair facilities. If the car should be a total then there are problems that can adversely affect you.

Monday, June 30, 2014

The Maryland Accident Attorney Reduced Fees

The accident case is not done until the medical bills and liens are paid. You will need an attorney familiar with the negotiation process and what claims can be asserted to reduce the liens. You will find liens in the following situations: 1. workers compensation liens 2. Medicare 3. Medicaid $. TriCare 5. Erisa 6. Welfare liens Some tactics that will assist in reducing the lien include, "hardship" and "make whole doctrine" and "contested case offsets". Ultimately our task is to put as much as money as possible into our client's pocket even after all medical bills and lawyers fees and expenses are paid. At the Law Offices of Keith Blair Bartnik, The Maryland Accident Attorney - We Reduce Our Fee When We Win. Call for a free phone review of your case. When personal injury becomes personal call me direct. 1-888-760-7339

Saturday, June 14, 2014

Lost Wages in Maryland Personal Injury Accident

Proof Of Loss Earning Capacity In a Self Employed Situation Loss earning capacity refers to those situations where the plaintiff has suffered a permanent injury which prevents him from earning the same income he had prior to the injury. It is not an issue of loss future wages. It is an issue of loss earning capacity. And oddly, in a Maryland personal injury case, you can get the damages in a self employed situation even when there is no history of income earnings. See ANDERSON, et al.v. LITZENBERG 694 A.2d 150 (1997). I suggest the necessary proof is as follows: (1) proof of permanent injury as established by a doctor's testimony who is familiar with the physical demands of the Plaintiff's prior employment the current physical limitations; (2) testimony from a vocational rehab expert as to the value of the services the plaintiff was performing prior to the injury as compared to the value of the services the plaintiff is capable of performing with his new physical limitations; (3) an economist to testify to the present value of the loss future earning capacity and the Plaintiff's work life expectancy. If you have questions. I have answers. When personal injury gets personal. Call me Direct 1-888-760-7339. The Accident Attorney in Maryland.

Thursday, June 12, 2014

Maryland Personal Injury Lawyer Fall in Nursing care

What is the proper protocol when you have a patient with a history of chronic falling? “The proper protocol for a patient with a history of falls is firstly to review his or her fall assessment evaluations with re-assessment for changes in condition. Review of previous interventions for fall prevention with review of medications, review of patient’s sleep patterns. Preventative measures such as low beds, body or mattress alarms, moving the patient to a room close to high observation areas can be employed. Fall risk and the prevention of falls is based on individual risk factors. The facility has a responsibility to assess the resident’s risk factors and develop a comprehensive care plan based on those risk factors. The use of fall mats is based on the assessment made by the interdisciplinary teams. The team has to weigh the benefits and risks of such interventions. While a fall mat may not have prevented the fall it may have reduced the risk of injury during the fall. The decision to use such a mat would have been determined by factors such as, where the history of falls occurred , as well as the risk of the mat creating a hazard in the event the resident was ambulatory or mobile in a wheelchair. If the fall occurred from the patient’s bed and the injury occurred at bedside and the intervention (for example, placing a mat on slippery areas) would not have created a risk greater than the benefit it would have created, then a mat may have been an appropriate measure to prevent an injury. In this case several questions need to be asked. After the fall and return to facility did the facility attempt to restore the resident back to their prior level of activity. Did they monitor for complications after the resident underwent the orthopedic procedure?” If you or a loved one has been injured by negligent medical care. Please feel free to call my office. We will evaluate the case at no cost to you. 1-888-760-7339

Thursday, May 15, 2014

Settling With The Defendant for Policy Requires Notice to the Underinsured Carrier.

Maryland law has already addressed the issue of settling with the defendant insurance carrier for policy limits when there is excess of coverage available under the plaintiff's underinsured motorist coverage. The court recently addressed this issue in an auto accident case wherein a suit for underinsured motorist benefits was filed. The policyholder was not entitled to summary judgment based on her insurer's failure to show prejudice from her failure to obtain its consent before settling with the tortfeasor's insurer for its policy limits; the policyholder had a statutory and contractual duty to obtain such consent, and her failure did not trigger the prejudice rules under statute or common law. Morse v. Erie Insurance Exchange, No. 0511, Sept. Term, 2013. Conversely, the insurer was entitled to summary judgment on an underinsured motorist claim where it was undisputed that insured failed to obtain her insurer's consent to settle for tortfeasor's policy limits, in violation of her own policy and applicable law; insurer was not required to show prejudice resulting from the lack of consent, and there was no genuine dispute of material fact as to whether insurer waived its rights. Woznicki v. Geico General Insurance Co., No. 532, Sept. Term, 2013. When you have been in an accident you want to be sure that you select an accident attorney who is familiar with the procedures. If you have questions regarding settling your accident case. Please feel free to call the accident attorney at 1-888-760-7339.

Friday, May 2, 2014

Auto Accidents in Maryland Personal Injury Cases

A Primer For Anyone Interested in Personal Injury in Maryland, by Keith Bartnik written for lawyers. In 27 years of practicing personal injury in Maryland here is a little of what I learned that may assist you in your understanding of accident cases. Every personal injury case starts with an issue of liability. Who is at fault? As an immediate aside, in Maryland you must be watchful for the defensive contributory negligence. I can assure you that the defendant's attorneys have no shortage of tricks up their sleeves to avoid parting with their employer’s money. Many defenses will be raised but contributory negligence is unique to Maryland and few other states. As such, it is important immediately at the time of the initial meeting between counsel and the plaintiff to lock in the facts on liability. It is most important to identify the defendant, by name, address, license tag number and particularly who his insurance carrier is and the policy number and claim number. Immediately after the initial meeting with your client, it is important to send letters of representation to the defendant insurance carrier as well as to your clients insurance carrier requesting personal injury protection forms and a declaration sheet. Also ask your client to recover his declaration sheet for his insurance policy. You want to look for personal injury protection insurance, car rental insurance, collision insurance, and underinsured motorist coverage. From this point forward, the case becomes a matter of damages and collecting information. Following sending the letters of representation to the defendant insurance carrier as well as the plaintiff's insurance carrier you want to secure evidence of any photographs of the accident scene and property damage and bruising on the plaintiff. It is important also to identify witnesses and get recorded statements as quickly as possible. Be sure you confirm the witnesses, home address, work address and next closest friend or relative in the event you cannot find them later. Immediately order the hospital records and bills with a records custodian certification. The custodian certification is important in the event the records will be needed at trial later. It saves a lot of time and effort and money to get the records with the certificate the first time the records are ordered. Typically, following a personal injury automobile accident case, the injured party will see an orthopedic doctor and/or be referred to an orthopedic doctor, followed by physical therapy. If symptoms are not resolved in a few weeks of treatment or if the initial symptoms are of such character a doctor will order an MRI to determine if surgery is appropriate. Typically I calendar 30 days after the initial date of treatment to send out a records request for the orthopedic, physical therapy, and any and all necessary diagnostic test. Additional initial task for the attorney revolve around property damage and car rental and processing the PIP application. Also, typically, a telephone call to the defendant insurance carrier for a quick conversation with the adjuster on the issue of liability will give you an early direction in the case. If liability is accepted you will instruct your client to take her vehicle to the repair facility of her choice and have the repair facility contact the defendant insurance carrier. In most cases the defendant insurance carrier will also examined the vehicle. You will be able to take that information as well to the repair facility of your choice. While your vehicle is being repaired, the defendant insurance carrier will provide a rental car until your car is available. In some instances your car maybe a total in which case fair market value will be offered and the rental car will extend generally three days after the offer for a full and final settlement of the property damage if made and if accepted. It is important to note at the initial meeting with your client those facts that may give rise to a workers compensation claim. If that should be the case. It is important to first process the personal injury protection claim, then process the workers compensation claim. By doing so you can take the advantage of the PIP coverage and less in the future workers compensation lien which will ultimately put more money in your client pocket. Lost wages are another element of damages that need to be documented and made part of your demand package. And you should start immediately processing that claim. The typical evidence includes a statement from a treating physician placing your client on off work status. That information should exist in the medical records or with an independent disability slip. It is important to gather those and stay on top of the disability claim. Also, with the PIP forms. You will typically have a lost wage authorization. If those are not available to you then draw up your own lost wage verification. This form will be completed by the employer, which will verify the hourly wage, those days missed from work following the accident and the total amount of lost wages. In the event your case does not settle, as you move forward to trial is important that evidence be developed to identify your client as a favorable person who is an innocent victim of another person's careless decisions and careless actions. It is important to establish the mechanism of injury. It is important to establish the chain of complaint of injury that followed impact, as well as the dollar cost to the client not only in lost wages, but including the cost of medical care. And for many people the impact on their lives not only their social activities but also their work lives. When examining settlement issues it is of paramount importance to identify any and all liens that may affect your client's bottom line recovery. The calculation typically for determining a distribution will have the gross settlement reduced by attorney’s fees and expenses, further reduced by medical liens, then you arrive at the client’s actually recovery. If we are to consider that all the medical bills are paid, and all the lost wages have been reimbursed then the remaining amount of money that the client receives from the distribution represents their recovery for pain and suffering. There are many personal-injury cases where the sole issues to be addressed revolve around property damage, lost wages, medical cost and pain and suffering during the period of rehabilitation. Other cases are far more involved only in that injuries may remain permanent, which leads to a claim for damages not only for permanency, but also potentially future medical costs, future lost wages, future loss of earning capacity and for some people a lifetime of pain and suffering. Take each case understating it is going to trial and always develop your case for trial. Start working on it right up front and see the entire case through from beginning to end. Before you even start. If you have any questions, please feel free to call me. 1-888-760-7339

Tuesday, April 15, 2014

Personal Injury Protection Workers Compensation and Third Party Claims

There are other circumstances where you are injured while driving your vehicle during the scope of your employment. In this instance the accident gives rise to three separate insurance claims as well as two actions. (For example the workers compensation claim as well as the third-party claim against the negligent driver) Specifically as to the insurance claims: the injured party is entitled to make a claim for personal injury protection benefits, workers compensation benefits as well as a recovery from the third-party who is at fault. However, there is a sequence of filings that you should properly adhered to to maximize your personal injury damages but also not to prejudice your entitlement to the various piles policies of insurance that are available to you. For example you should always file your personal injury protection claim first, followed by the workers compensation claim, followed by the third-party liability claim. This is true because in Maryland the personal injury protection carrier has no right up subrogation against third-party recovery. See Maryland Advocated Code Insurance Article 19-507 (d.). Conversely, Maryland law does recognize the right of the workers compensation carrier and their subrogation rights against third-party recovery. See Maryland Annotated Code Labor and Employment Article 9 -- 902 (e.) and (f). The net effect of filing in this manner allows the injured party to reap the benefits of personal injury protection coverage while avoiding a portion of the workers compensation lien. It is important when selecting a personal injury attorney that you put experience on your side. If you, your family members or friends have been injured and an accident in Maryland please feel free to call my office at 1-888-760-7339.

Thursday, April 3, 2014

Septic Shock Due to Delayed Diagnosis

Was there a timely diagnosis and treatment for this patient’s septic shock? Should this patient have undergone an exploratory laparotomy surgery sooner? Sepsis needs to be treated as soon as possible for older patients who may have further co-morbidities. The patient would have benefited from earlier surgical intervention such as rapid exploration within a time period less than 4-6 hours. This case involves a sixty-seven year-old male patient who presented to the emergency room via ambulance with severe abdominal pain, hypotension and the appearance of being extremely ill. The patient had a past medical history of prior abdominal surgery eight weeks before the date of the presenting complaint for multiple hernia repairs. The hernia repairs were performed with no reports of complications and the patient was discharged without incident. On arrival at the emergency room a CT scan of the patient’s abdomen was which revealed a large ventral hernia with small and large bowel contained within the hernia sac. On physical examination of the surgical wound there was cellulitis in the anterior abdominal wall and inflammatory changes suggestive of peritonitis. The patient was admitted for dehydration and a suspected small bowel obstruction. The patient was transferred to the medical floors for intravenous fluid resuscitation and pain medication. It was not until more than thirty-six hours after admission that the patient was finally taken to the operating room for an exploratory laparotomy. By this time that patient’s condition had worsened drastically and he was severely unwell. During the procedure a perforation of the cecum was discovered and a colostomy was placed. The patient was started on Imipenem and Diflucan and transferred to the intensive care unit post-operatively. The patient was in a critical state following the surgery. He was not responding to pressor or fluid boluses. A ‘Do Not Resuscitate’ order (DNR) was obtained from the patient’s family and the patient died one day following the exploratory procedure. The cause of death was listed as small bowel perforation leading to septic shock and cardiopulmonary demise. If you, a family member or friend have been the victim of medical negligence. Please feel free to call my office for a free case evaluation. Find out what really happened, 1-888-760-7339.

Wednesday, March 12, 2014

Cancer Misdiagnosis

This case involves a forty-three-year-old female patient who originally presented to her primary care physician in 2005 with complaints of a newly discovered breast lump that was associated with pain in the area of the breast. Her physician advised her that it was likely not cancerous because it was painful and most likely a cystic formation. She underwent a mammography and biopsy that was consistent with a benign cyst. In 2011 the patient felt a new lump in the right breast that was in the area of the previous cyst that was removed. The mass continued to grow and an ultrasound performed in July of 2012 revealed the presence of a suspicious lesion. A biopsy of this new mass was consistent with a breast carcinoma. The patient then had a PET scan that showed a suspicious pelvic lesion and it was at that point she was offered chemotherapy which consisted of eight cycles of treatment with Adriamycin, Cyclophosphamide and Taxotere. The patient underwent a double mastectomy after completing the chemotherapy regimen, with no apparent lymph node evaluation done at this time. It was later determined after further investigation that the patient was positive for a BRCA mutation. Should the patient’s breast carcinoma have been discovered earlier? Should this patient have been followed more closely to prevent the development of her disease? Should this patient have been sent for BRCA testing sooner to plan for a targeted treatment regimen? Expert opinions find as follows: “This is certainly one of those unfortunate cases where a previously normal work-up may have delayed a diagnosis of a new problem, in this case breast cancer. From the information provided, it is unclear if there were any efforts made in 2011 to diagnose the new breast mass, or if the patient delayed an evaluation until the mass began to grow. If medical attention for the mass was sought in 2011, it would have been standard of care to perform imaging such as mammogram with or without ultrasound. Any abnormalities on mammogram would have triggered some type of biopsy, which would hopefully have identified an underlying malignancy. If the imaging were negative for suspected malignancy, more frequent follow-up with breast exams and repeated imaging would have been helpful to ensure that a malignancy was not developing.” Please feel free to call me whenever you have a question. Please feel free to refer me to your family, friends and relatives. I have offices in Anne Arundel County, Baltimore County, Baltimore City, Howard County, and Prince Georges County. I practice in the areas of personal injury and medical malpractice Please feel free to visit my website at yourMarylandLawyer.com For additional information.

Wednesday, February 26, 2014

Intubation Error During Cholecystectomy Found Negligent

“One of the main objectives for an anesthesiologist is to protect the patient’s airway. In a case involves a forty-four-year-old woman who was admitted to a hospital for a cholecystectomy. The woman had a history of smoking, and her vitals were normal, with a blood pressure of 124/82. She was properly prepped by both the surgeon and anesthesiologist, and was informed that she would be receiving Ketalar as her anesthetic. However, during intubation, the patient’s oxygen count began to slightly decline, and the anesthesiologist shifted the tube. The shift caused the patient’s oxygen’s level to decline further, and the endotracheal tube was removed approximately 45 seconds later. The operation was stopped, and the operating physician had the patient checked for any signs injury. It was determined that the trauma from the tube damaged the thyroid cartilage, causing a loss of oxygen and had a severely negative impact on the patient’s voice. The surgery was never completed, and the patient’s quality of life decreased substantially due to the damage on the vocal cords. The patient was a secretary, and was unable to return to work due to her loss of voice. Experts have opined, intubation is a commonly practiced technique, and the anesthesiologist failed to notice that something was wrong during the first attempt. It is a standard technique and one of the most vital. Various tools exist to ensure proper execution in a timely manner. By shifting the tube, he caused further damage to the patient, and put the patient at risk of complete lack of oxygen. Loss of oxygen can be damage many parts of the human body, with the brain being a high possibility. The patient was also at risk for neurological damage as well, which could cause an even further reduction in quality of life. The tube should have been removed sooner than 45 seconds after complications arose.” www.theexpertinstitute.com I you have questions regarding medical error please feel free to call my office. We can help you NOW. 1-888-760-7339

Monday, February 10, 2014

Local Government Tort Claims Act

Local Government Tort Claims Act (“the LGTCA”), Md. Code Ann., Cts. & Jud. Proc. Art. (1987, 2013 Repl. Vol.) (“CJP”) § 5-301 et seq.; Under the LGTCA, “an action for unliquidated damages may not be brought against a local government . . . unless: the notice of the claim . . . is given within 180 days after the injury.” CJP § 5-304(b)(1). “The notice shall be in writing and shall state the time, place, and cause of the injury.” CJP § 5-304(b)(2). [T]he notice shall be given to the corporate authorities of the defendant local government.” CJP § 5-304(c)(4).5 Even if a plaintiff does not strictly comply with the LGTCA notice requirement, a plaintiff substantially complies with the LGTCA notice requirement where: 1) the plaintiff makes “some effort to provide the requisite notice”; 2) the plaintiff does “in fact” give some kind of notice; 3) the notice “provides . . . requisite and timely notice of facts and circumstances giving rise to the claim”; and 4) the notice fulfills the LGTCAnotice requirement’s purpose, which is to apprise [the] local government of its possible liability at a time when [the local government] could conduct its own investigation, i.e., while the evidence was still fresh and the recollection of the witnesses was undiminished by time, sufficient to ascertain the character and extent of the injury and [the local government’s] responsibility in connection with it. This standard does not unduly burden potential plaintiffs. We hold that, to substantially comply with the LGTCA notice requirement, a plaintiff must indicate–either explicitly or implicitly–that the plaintiff intends 1. to sue the local government regarding an injury. A plaintiff does not “apprise a local government of its possible liability[,]” Faulk, 371 Md. at 298, 808 A.2d at 1272 (citation and internal quotation marks omitted), where the plaintiff simply demands that the local government fix a defect. Additionally, a plaintiff does not “provide[] ... requisite and timely notice of facts and circumstances giving rise to [a] claim[,]” where the plaintiff threatens to sue the local government, but neither explicitly nor implicitly indicates that the plaintiff intends to sue the local government regarding any injury. If you have been involved in a accident involving a local government, city, state or federal employee is important that you take action immediately to contact an accident attorney to be sure that your legal rights are protected. If you have questions please feel free to call me at 1-888-760-7339

Wednesday, February 5, 2014

Expert Opinions of Percent of Disability in Accident Cases in Maryland

An expert is permitted to render an opinion as to the percentage of disability suffered by the Plaintiff in personal injury cases Provided: (1) the doctor is expert in rating percentages and has a medical basis for the opinion and(2) the doctor is familiar with the Plaintiff's work, occupation and activates. The opinion can cover how the physical disability affects personal and economic disability. See 228 A 2d. 300 and also 165 A 2d. 898. I suggest if you are heading in the direction of loss earning capacity this percentage opinion affecting performance at work will need to be coupled with a vocational rehab expert to get the loss of earnings as a result of the disability. If you have questions regarding personal injury or car accidents in Maryland, Call the Accident Attorney. I will answer your questions over the phone at NO Cost to You. 1-888-760-7339

Thursday, January 30, 2014

Sidewalk Slip and Fall

In order to hold the owner of a property adjacent to a sidewalk liable for injuries caused by deviations in the elevation of the sidewalk slabs it is necessary to prove that the deviation is more than de minimus. Uniformly states throughout the United States who have addressed this issue through the litigation process have determined that the deviation, to be actionable, at a minimum, must exceed in some instances 1/2 inch and in other instances 3/4 of an inch. It is anticipated that the threshold requirements are the byproduct of expected variations that occur naturally during the construction process and are naturally expected to occur with the erosion of time. If you, your family member or friend has suffered a slip and fall injury as a result of a sidewalk deviation it is important first and foremost to secure photographs of the dangerous condition and to do so in the company of the measurement device to determine the actual configuration and size of the deviation. If you have questions regarding slip and fall injuries in Maryland please feel free to call my office at 1-888-760-7339

Tuesday, January 28, 2014

Gastric Bypass Leading to Punctured Heart and Delayed Treatment

This is an actual case that involved a patient who underwent gastric bypass surgery. The anesthesiologist placed a central venous pressure (CVP) catheter into the patient’s right internal jugular vein that was threaded down to rest in a blood vessel above her heart. The CVP catheter at some point punctured the patient’s heart and became embedded in a portion of her heart muscle. This caused the fluid from the IV to pass into the pericardial sac rather than into the intended blood vessel. This caused the patient to go into cardiac arrest. The nurse on duty was not able to persuade the charge nurse to summon the patient’s doctor until that evening. The deceased patient’s family sued the hospital claiming that the nurses were negligent in not detecting the patient’s deteriorating condition and notifying her doctors of her condition at an earlier time. Experts opined, " When the catheter punctured the patient’s heart, the catheter may have run down the internal jugular vein into the heart and through the heart wall with the tip just beyond the heart wall into the pericardial sac. This caused a continuing accumulation of fluid in the pericardial sac that created an increasing pressure on the patient’s heart, which caused her to go into cardiac arrest. When there is an accumulation of fluid in the pericardial sac, this is called cardiac tamponade, which is a life-threatening condition characterized by increased CVP readings, an increased pulse rate, and decreased blood pressure. Usually, cardiac tamponade is a reversible condition if detected and treated early enough. The nurses treating the patient had a duty to interpret the patient's condition and to notify the doctor about the tamponade so that he had sufficient time to properly diagnose and treat the condition before it became irreversible. The nurses did not meet the proper standard of care in this case, because they failed to detect the patient’s increased pulse rate and her falling blood pressure. " If you your family member or friend has been injured by medical negligence call me. 1-888-760-7339

Slip and Fall in Maryland

A property owner may be held liable for the injuries to a plaintiff when the plaintiff can show (1) a dangerous condition has been created by artificial means, such as where the owner has permitted ice to accumulate in a manner not apparent, and (2) the plaintiff is forced to encounter the condition. Abraham vs Moler, 253 Md 215, 252 A2d 68. This is true even if the owner undertakes to remove the dangerous condition but fails to remove the danger or inadvertently creates an artificial condition that is itself dangerous. Additionally, the plaintiff must establish that the condition existed for a sufficiently long enough period of time that the owner had actual or constructive knowledge that the danger existed and he had this knowledge well in advance of the injury that he had the opportunity to correct the dangerous condition. The classic example is found in the case of Honolulu Limited vs Cain 244 Md 590, 224 A 2d 433. In this case, a 66 year-old woman fell on thin ice in the parking lot of a shopping center. It was determined that the owner was liable, since when the snow was removed it was piled at the opposite end of the parking lot. The drain to the parking lot was in the opposite corner of the lot from the pile of snow. As such, ice formed in the path created by the melting snow as it headed towards the drain across the parking lot. The hallmark of success in this type, slip and fall case will revolve around the owners creation of the dangerous condition, the owner's knowledge of the dangerous condition sufficiently long enough in advance of the injury to have corrected the dangerous condition as well as the lack of alternative means of ingress or egress and of course prudent behavior by the plaintiff. If you, your family member or a friend has been injured in a slip and fall incident. Please feel free to call my office at 1-888-760-7339. We will answer your questions over the phone at no cost to you.

Saturday, January 4, 2014

Maryland Wealthiest In Country

The Best and Worst Run States in America: A Survey of All 50 By Michael B. Sauter, Thomas C. Frohlich, Alexander E.M. Hess and Ashley C. Allen November 21, 2013 10:04 pm EST Read more: The Best and Worst Run States in America: A Survey of All 50 - 24/7 Wall St. http://247wallst.com/special-report/2013/11/21/the-best-and-worst-run-states-in-america-a-survey-of-all-50-2/#ixzz2pQoSRIul Follow us: @247wallst on Twitter | 247wallst on Facebook 24. Maryland > Debt per capita: $4,348 (13th highest) > Budget deficit: 9.5% (28th largest) > Unemployment: 6.8% (tied-17th lowest) > Median household income: $71,122 (the highest) > Pct. below poverty line: 10.3% (3rd lowest) Maryland’s population is the wealthiest in the country. The state had a median household income of $71,122 last year, nearly $20,000 higher than the U.S. median. Also, just 10.3% of the population lived below the poverty line. The state had a relatively large amount of debt, at approximately 60% of annual revenue as of fiscal 2011, compared to 50% nationwide. Still, Maryland maintains a perfect credit rating from both Moody’s and Standard & Poor’s. Moody’s credited the wealthy tax base as a factor for its rating, as well as the state’s “history of strong financial management.” One negative factor is the state’s high violent crime rate, which was one of the highest in the country last year. Read more: The Best and Worst Run States in America: A Survey of All 50 - 24/7 Wall St. http://247wallst.com/special-report/2013/11/21/the-best-and-worst-run-states-in-america-a-survey-of-all-50-2/#ixzz2pQoIPefE Follow us: @247wallst on Twitter | 247wallst on Facebook