One such case is playing out in the Maryland Court of Appeals, the state where a former player for the Washington Redskins wants his workers' comp case settled. The team, however, wants the claim tossed back into courts in Virginia.
]]> It's a complex, cross-boundary case that likely will crop up in a number of cases, taking into account where the team plays its home games, where its headquarters are based and where the injury occurred.In this case, the Redskins no longer play in Washington, D.C., despite their team name. The Redskins play their home games at FedEx Field in Landover, Maryland, while Ashburn, Virginia, hosts the team's offices and training facilities. Adding to the mix, the player says he suffered his injuries at the training site, as well as during road games in Philadelphia and in Buffalo, New York.
An attorney for the Redskins said that the former player is shopping around, trying to find the state with the best benefits. Maryland is considered less restrictive than Virginia.
A representative for the player contends that he had a contract to play professional football for the Redskins. Since those games were in Maryland, where the team's revenues were earned, Maryland should have jurisdiction, according to the representative.
Redskins' representatives have said that the games are short compared to the time players spend with the team each week to prepare, adding they spend much more time at work in Virginia.
The Maryland Court of Appeals does not have a deadline it must meet to make a ruling.
Whatever the outcome, it could set a precedence for the rash of the cases still to come as players seek compensation for their injuries from the NFL.
Source: The Baltimore Sun, "Top Md. court hears workers' compensation dispute between Redskins and former player," Andrea F. Siegel, May 3, 2012
]]>A recent ruling by the Maryland Appeals Court is sure to have a huge impact on future cases where residents are injured at the hands of certain breeds of dogs.
]]> Before, Maryland residents who were attacked by pit bulls or pit bull mixes had to prove that the dog's owner knew the animal was violent in order to plead their personal injury case. After seeing its share of these types of cases, the Maryland Appeals Court ruled that pit bulls and pit bull mixes are inherently dangerous and victims no longer have to prove that they are violent. Instead, dog owners and landlords are liable for these pets based solely on their breed.The decision stemmed from a 2007 incident in Towson, Maryland, where a pit bull escaped from its residence and attacked two boys. One of the boys was so severely injured that he had to undergo multiple surgeries along with a year's worth of rehabilitation.
However, not everyone agreed with the recent decision, including a fellow judge. The judge argued that no evidence supports the fact that pit bulls or pit bull mixes show more of a propensity for violence than other dogs. He also argued that there is no standard to measure mixed-breed dogs.
While many depict pit bulls as savage animals, the judge pointed out that there are plenty that thrive in a family setting and have very passive behaviors.
The judge that wrote the recent decision cited the fact that in the last 13 years, there have been a total of seven cases regarding pit bull attacks were heard by the appellate court due to the severity of the injuries suffered in the attacks, including death.
Source: Laurel Patch, "Are pit bulls really violent? Maryland Appeals Court said yes," May 1, 2012
]]>The Massachusetts Medical Society is launching a pilot program that has its healthcare providers focus on disclosure and apology when it comes to botching a medical procedure.
]]> Five other organizations within that state have launched a similar program. The postulation is that by being more open and honest with patients, it will lead to less medical malpractice suits needing to be hashed out in court. Healthcare providers would apologize and own up for mistakes, and in some cases, offer cash settlements.Driving down the number of malpractice lawsuits would be a victory for everyone involved. It would allow doctors to cut back on defensive medicine and improve patient safety. With hospitals needing to devote less money to defend themselves in court, costs for patients would drop as well.
A former president for the healthcare group said that with the way liability is handled among medical facilities now, it basically promotes blaming others and banishing some facts to secrecy. With this mentality, patients have little choice but to try to expose the truth behind medical malpractice in court.
Under the new system, doctors would tell a patient right away if adverse effects cropped up and quickly determine the root cause. Sometimes this cause is unavoidable. Other times, it is avoidable and the doctor would apologize for it. Patients with avoidable injuries could be offered a settlement, but they also could retain their right to deal with the matter in a court of law. Many patients file malpractice lawsuits because they are angry at medical professionals. With this clear communication in place, perhaps the incident will not be as emotionally charged.
Some doctors fear that if they do apologize, they call attention to their mistake and welcome a medical malpractice lawsuit. However, in some states, a doctor's apology cannot be used in court proceedings.
Would you be less likely to sue a doctor if they were open and honest with you over something that went wrong in their care?
Source: Medscape, "Providers to test power of apology in malpractice claims," Robert Lowes, April 27, 2012
]]>The whole legal matter stems from an accident that happened one year ago and claimed the lives of three people. The defendant, who was 20-years-old at the time, got behind the wheel of his car upon leaving a party with several of his friends piling into the vehicle with him.
]]> Driving under the influence of alcohol, the man lost control of his vehicle at around 3 a.m. and collided with a tree. Reeling from the impact of the collision, the man crawled into nearby woods where police later found him. Even hours after the crash, officers determined that he had twice the legal limit of alcohol still in his system.The three victims who perished in the accident ranged in age from 18 to 20-years-old. They were also drinking at the party. A 19-year-old male was also in the car and survived. He told authorities that he warned the driver to slow down on the rain-soaked roads before he lost control.
Now, the defendant is saying that his punishment does not fit the crime, especially considering the fact that it was not his intention to slam the car into a tree and kill his friends. He argues that the sentence was based more out of revenge for the victims than it was appropriately punishing him.
In a letter that appears to illustrate duplicitous feelings, the defendant acknowledges that he was responsible for the fatal crash. Still, he also blames the judge for using his negligence as an example for the "culture of recklessness" that has run rampant throughout teens today; further indicating that he should not be held accountable for the culture that he has become the poster child for in Montgomery County.
Source: The Washington Post, "Tragic DUI crash prompts community to take sides," Dan Morse, April 19, 2012
]]>To avoid seeing these workers injured on the job, Maryland highway and police officials sent a message to drivers telling them to be mindful of road crews. A State Highway Administrator recently stated in a press conference that there is little margin for error when it comes to operating around members of road crews. She warned drivers to be cautious when operating around these areas, especially because workers often do not have much protection.
]]> Drivers will likely encounter road crews quite often this summer as the state is poised to sink $180 million worth of infrastructure work during the warm months. One of those big projects involves replacing the deck of the Landover Road Bridge, which extends over I-495. That project will cost $3.3 million.The State Highway Administration estimated that around 2,600 crashes strike work zones throughout Maryland every year. Those crashes see 12 fatalities and another 1,400 additional individuals who are injured.
Road crew workers are not the only ones that suffer in these accidents, either. According to the data collected by the State Highway Administration, 80 percent of the individuals killed or injured in the accidents were either a driver or passenger.
To help motorists stay mindful of work zones and road crews, the State Highway Administration established a web site that will show drivers where work zones are currently taking place.
Crew supervisors must also be mindful of hazards and equip workers accordingly. Cautious driving by motorists can help keep road crews safe, but they must also take proper safety measures to shield them from other hazards.
Source: Gazette.net, "State highway officials target work zone drivers," C. Benjamin Ford, April 13, 2012
]]>Unfortunately for patients, this high cost of defending medical malpractice lawsuits is gradually passed down and comes in the form of higher physician fees, according to a physician at Massachusetts General Hospital, who co-authored the study.
]]> Medical malpractice lawsuits are serious cases in which patients believe a doctor or medical professional was negligent in treating them, thus resulting in either physical or mental trauma. Since these cases are often a matter of life and death and can sometimes be hard to prove, a medical establishment must bring in a number of resources like expert witnesses and individuals qualified to research the case in order to fight it.Authors of the study claimed that to simply defend a medical malpractice claim, it costs about $23,000. This, of course, is a number that goes up if the plaintiff is awarded a payout in the case. Paid claims made against cardiologists carry the highest average at $83,000. Ophthalmologists are on the lower end of the spectrum, sinking $24,000 in to an average paid claim.
The study examined costs tied in with 27,000 medical malpractice suits that came to rest between 1995 and 2005.
To some, the study points out how this system is bogged down by claims that have no merit and are just filed in an effort to score a pay out. A neurosurgeon and founder of a for-profit organization that helps physicians deal with these meritless claims said he is lobbying to make tweaks to the system so that claims go can through quicker and those who are legitimately injured at the hands of a doctor's negligence can receive their payment.
Source: HealthDay News, "Doctors detail high costs of fighting malpractice claims," April 4, 2012
]]>Following a lengthy investigation conducted by the Maryland State Police Department, the authorities have indicted the Wicomico County man played a role in the child's death.
]]> The prosecution argues that the man failed to secure a handgun within a home where his child was staying. The little boy unfortunately got his hands on the firearm and accidentally shot himself in the torso, causing fatal injuries. In the process, the boy also shot his mother, who was believed to be nearby during the incident.Police believe the boy fired the gun near a bed where his mother was sleeping. The mother suffered a wound to her shoulder, arm and hand.
Police say the gun used in the incident was stolen, as it was not registered to either parent in the home. Based on that information, police believe the man purchased the firearm illegally.
Maryland's State Attorney is trying to pin involuntary manslaughter charges on the man due to what he called gross negligence.
In addition to his role in his son's wrongful death, the man is facing a seemingly endless list of additional charges. Some of these charges include reckless endangerment, permitting firearm access by a minor, illegal possession of a regulated firearm, theft of a firearm and possessing a regulated firearm knowing that it was stolen.
The man was allegedly involved in the manufacturing and distribution of cocaine as many of his additional charges were drug charges.
Police continue to investigate the case. As they do, the man remains in Wicomico County jail without bond.
Source: delmarvaNOW.com, "Father charged with manslaughter in 4-year-old son's death," Jennifer Shutt, March 29, 2012
]]>There are many substances commonly found in homes that could inflict harm on an individual if used incorrectly or in the wrong doses. This could include things like chemicals found in cleaning supplies, prescriptions or over-the-counter drugs.
]]> The Centers for Disease Control and Prevention have especially highlighted the dangers of improperly using painkillers. This practice has spiraled out of control in the last 10 years or so, leading to a large amount of overdose deaths -- more so than deaths from heroin and cocaine combined. These medications are prescribed by doctors for medical use, but have been given out so liberally in the past that they remain in excess and are used by those who do not need them.Young children have a penchant for gaining access to substances that can be proven poisonous. In 2011, 56 percent of the 5,100 exposure calls made to the National Poison Helpline were made for children 6 years of age or younger. While child poisonings are incredibly serious, they are also very avoidable if the adults in the home take the proper measures to keep dangerous substances out of the reach of children.
Adults can take some of the following measures to prevent such poisonings:
If you suspect an accidental poisoning, call authorities immediately.
Source: Devils Lake Journal, "Poison prevention week," March 20, 2012
]]>This is a nightmare that came true for one couple when their 14-year-old daughter was electrocuted on May 5, 2006 in Baltimore, Maryland. As a result, her parents -- one of which is a retired professional football player -- have made it their mission to educate the public on a silent killer. Contact voltage is a condition that is surprisingly common but seldom discussed.
]]> Contact voltage is caused when a faulty electrical cable in the ground leaks voltage to other metal objects. These metal objects, like a fence for example, then carry a potentially lethal jolt of electricity. Contact voltage has been responsible for a number of deaths, both humans and animals within the United States.Contact voltage is also what claimed the life of the 14-year-old girl in Baltimore. The girl's death occurred at a park where she was participating in a softball game. As the evening wore on, it started to get darker outside, so an umpire turned on the lights for the field. Little did anyone at the park know, the lights would then produce the fatal jolt that claimed the girl's life.
The girl received the shock when she touched a seemingly harmless safety fence. Contact voltage can often be caused when a cable in the ground is either damaged or simply worn out. These cables can send electricity to even more common things like a sidewalk or a manhole cover.
The girl's parents explained the feeling of helplessness that comes with watching a loved one become injured and die from a hazard that can't even be seen.
The Maryland Public Service Commission drafted new regulations that would test city parks for contact voltage. This ensures these parks are safe, but it does nothing to protect men and women from contact voltage in places like schools and neighborhoods.
Source: The Huffington Post, "Contact voltage: The invisible danger that killed our daughter," Anthony Green, March 14, 2012
]]>The fatal crash occurred recently in Silver Spring, Maryland at the intersection of Randolph Road and Timberview Court. The 31-year-old woman, who resided in Montgomery County, Maryland with her husband and their 4-year-old daughter, was struck by another car. The impact of the collision caused her vehicle to flip several times, levying out fatal injuries in the process.
]]> The driver who caused the crash was not identified and did not remain at the scene of the wreck. To make matters worse, the accident could have been avoided if fellow drivers exercised caution and respect out on the roads. A police report indicated that the woman was tangled in an ongoing two-car street race. Police believe that the two cars were racing before one of them struck the woman's vehicle and sent it rolling.The local authorities are now on the lookout for the two cars involved in the alleged street racing -- a dark gray car and a green and white Mini Cooper. The accident happened on a generally busy section of roadway, leaving police to believe there are other witnesses with information about the accident. Police have talked with three individuals who witnessed the accident, but continue to seek others for additional information about what happened both before the collision and during.
The woman's husband visited the scene of the accident the day after it happened and pleaded through local media for anyone with information to come forward. The husband said he wants the drivers caught so that they do not claim other innocent lives out on the Maryland roads.
Source: MyFoxDC.com, "Husband of woman killed in Silver Spring fatal collision makes plea for information on crash," Bob Barnard, March 8, 2012
]]>The case illustrates the dangers tied in with working as a coal miner in Maryland and throughout the rest of the country and how important it is for mining companies to adhere to the proper safety measures. The case centers on an April 17, 2007 death of two Maryland coal miners. The duo suffered fatal injuries in a mine located near Barton, Maryland, where a high-wall collapse occurred.
]]> The two men were working in the vicinity of a 275-foot wall, which came tumbling down on top of them. One of the victims was a 38-year-old man from the Frostburg area and the other was a 51-year-old excavator operator from Lonaconing.The family of the victims filed a civil suit, targeting the company that owned the mine among other defendants. Just recently, that case came to rest as both sides agreed upon an settlement that would award the victims' families with $100,000 to split. The agreement was struck in the Alleghany County Circuit Court with a 30-minute proceeding. Family members of the victims all verbally accepted the proposed settlement.
A lawyer representing the family for one of the victims explained that the case was an intricate one as Maryland has certain laws pertaining to workers' compensation and wrongful death lawsuits. Considering the difficulties in the case, the judge presiding over the proceedings said that he thought the $100,000 settlement was a fair one.
The families introduced the lawsuit to court in April of 2010, and it was a six-count wrongful death suit. A wrongful death would be considered any death that was caused by the negligence of others. Although the two sides settled in the case, the plaintiffs would have had to prove that the accident was brought about by the negligence of the mining company.
Source: Cumberland Times-News, "$100k ends wrongful death lawsuit," March 1, 2012
]]>The eighth grader was consuming a beverage called Four Loko. At the time, this drink contained both alcohol and the common ingredients of an energy drink. Those who have studied this, and similar concoctions, determined that by using caffeine, guarana and taurine, a consumer was less likely to feel the effects of drunkenness. This would often lead people to consume too much.
]]> This was likely the case for the 13-year-old Maryland student, who vomited twice before requesting a ride home from his mother's fiancée. While in the vehicle, the student grew ill once more. He unbuckled his seatbelt and unrolled the window to be sick. Instead, he tumbled out of the window and was struck by an oncoming car.The teen was treated at a hospital where he died. The teen's mother said the drink forced him to get so sick that he had no regard for his own safety while in the car. Had the alcoholic beverages not contained caffeine and other energy-building substances, he might not have overindulged.
In 2010, the FDA also deemed these types of drinks unsafe as they were liable to lead to hospitalizations, alcohol poisoning, dehydration, increased heart rate and car accidents.
The company that produces Four Loko stated that it voluntarily removed caffeine, guarana and taurine from the drink in Nov. 16, 2010 and was commended by the FDA for doing so.
Source: International Business Times, "Maryland teen dies after drinking alcoholic beverage: What are the risks?," Amanda Remling, Feb. 21, 2012
]]>The case stems from an incident in June 2006, which landed in a gray area of workers' compensation laws. The victim was a part-time court bailiff at the Baltimore City District Court. When he arrived for work one morning, he realized that he was not wearing an appropriate necktie. A dress code at the courthouse requires bailiffs to wear a blue tie. He was wearing a Christmas-themed tie.
]]> Later in the morning, the man also spilled coffee on his shirt and tie, forcing him to go home to change his clothes. After arriving home and changing his clothes, the bailiff headed back to the courthouse, but was struck by a truck en route. He suffered serious injuries from the crash and was hospitalized for a month.The bailiff argued that he was forced to go home and change in order to meet the requirements of the dress code, therefore should receive workers' compensation benefits. These benefits were initially granted to the man, but a Circuit Court stepped in and reversed the decision. This was a decision the Maryland Court of Special Appeals recently upheld.
The case fell under what is referred to as the "going and coming rule". The rule states that workers do not receive benefits if they are injured traveling to or from work. There are exceptions for employees that have been directed to do so by their employers. However, in this case, the court ruled that the bailiff's superior never gave him permission to leave work that day.
Source: Business Insurance, "'Going and coming rule' makes worker's car accident injuries noncompensable: Court," Sheena Harrison, Feb. 13, 2012
]]>As was the case for one family from Columbia, Maryland, many residents are left to wonder if their dishwater could be a defective household product. The family from Columbia vividly recalled an incident where they smelled an odor that resembled burning plastic. When they investigated the smell, they discovered that a small fire had sparked up in their dishwasher, melting the control panel but luckily not doing further damage to the kitchen or rest of the home.
]]> This was far from an isolated incident as the Consumer Product Safety Commission received over 260 complaints via its website between March and November of 2011 about dishwashers that have produced smoke or fire. A media investigation into the CPSC revealed the fact that the commission has caught wind of 16,000 similar problems with dishwashers over the course of the last five years. With such severe dangers so prevalent around the country, it begs the question, "Why isn't anything being done to fix the problem?"In fact, the CPSC is essentially covering the problem up, unwilling to divulge information on which dishwasher brands have been behind a majority of the complaints until they are given permission by those companies. Consumers have taken it upon themselves to the play the watchdog role by creating websites dedicated to sharing information about the dangers of certain dishwashers.
A Bethesda, Maryland-based attorney is also taking matters into his own hands, launching a lawsuit on behalf of 11 clients who have experienced damage of property from dishwasher fires. The lawsuit is aimed at Whirlpool, which produces products under such popular names as KitchenAid, Kenmore and Maytag.
In the meantime, homeowners should keep a careful eye on their dishwashers to make sure they are operating safely.
Source: ABC-TV Channel 2, "Dishwasher dangers: The ABC2/Scripps investigation," Joce Sterman, Feb. 6, 2012
]]>The family has good reason to argue against the bill as one year ago, their son was involved in an auto accident with an elderly driver, and died as a result. Their son, who was a student at Johns Hopkins, was struck by an 84-year-old woman while he was riding his bicycle on West University Parkway. He died as a result of the injuries he sustained in the crash.
]]> The elderly woman pleaded guilty to negligent driving and failure to yield the right-of-way to the man, who was safely operating in a bike lane. The woman was hardly held responsible, slapped on the wrist with a fine and served no jail time. The victim's family can't help but think that by testing drivers in Maryland more often, it would sort out unsafe drivers, like the one that killed their loved one.However, a member of the Motor Vehicle Administration said the state is already taking sufficient measures to ensure the safety of drivers out on the roads. He also expressed sympathy for the victim and his family.
As of now, motorists over the age of 21 must receive a basic eye, a general driving, exam every five years. The proposed bill would extend that period to every eight years. The member of the Motor Vehicle Administration said such measures have been taken in places like New York and Florida and risk on the roads has not increased.
Maryland, with its graduated licensing program, has made strides to ensure the safety of the state's younger drivers, but does it do enough for elderly drivers?
Source: Ellicott City Patch, "Family of Ellicott City student killed in crash speaks out," Adam Bednar, Feb. 1, 2012
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