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.

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.