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