Maryland Accident Law Blog

Deceased Westminster Man’s Family Sues University of Maryland Medical Center for Wrongful Death

August 12, 2009 | Lebowitz & Mzhen

The family of a 51-year-old patient who died after undergoing lung transplant surgery at the University of Maryland Medical Center is suing the hospital and subcontractor Coalition of Perfusion Services for his wrongful death.

Bryan Harris’s family claims that he died because a contract worker at UM Medical Center made a mistake when taking a clamp off after his June 2008 surgery. As a result, they contend that his blood had to be drained into a bucket.

Harris’s family says they were at first told that he died of natural causes and that the hospital told the medical examiner’s office that the patient died because of “multiple system organ failure.”

Maryland Bicyclist Killed in Baltimore Box Truck Accident Involving Hit and Run Driver

August 6, 2009 | Lebowitz & Mzhen

A 67-year-old Baltimore bicyclist is dead after he was fatally struck in a Maryland truck accident. Police are currently searching for the hit-and-run trucker, who left the crash site.

The deadly Maryland bicycle accident occurred at the intersection of West Lafayette and Maryland Avenues. Investigators say that the truck struck Yates as it turned left on West Lafayette. According to witnesses, the cyclist appears to have gotten stuck beneath the truck’s back wheels.

Yates’s fatal injuries included massive trauma to his left leg and abdomen. His wife Ellen said he was on his bike running errands when the deadly Baltimore truck crash happened.

Police are still searching for the box truck driver.

According to Maryland’s State Highway Administration, from 2005 – 2008 about 7 people a year have died in Maryland bicycle accidents.

Proving liability in any kind of Maryland motor vehicle case can be tough and you will need all of the legal help that you can get. Often, when a bicyclist is involved in a traffic crash with another vehicle, it is the cyclist who will have sustained the most serious injuries.

In many cases, these injuries will be catastrophic if not fatal. In addition to medical costs for hospital stays, medical procedures, and rehabilitation expenses, there will also be lost wages to consider for time taken off work, property damage, and possible loss of future earning potential and benefits. It is also impossible to disregard the mental and emotional anguish and trauma that can affect the victim as well as family members.

Whether the responsible party is a driver who remained at the scene or a hit-and-run motorist, you are entitled to the maximum Maryland personal injury recovery possible.

Bicyclist killed in accident identified, Baltimore Sun, August 5, 2009
Cyclist Struck And Killed In Baltimore, WJZ, August 6, 2009
Related Web Resources:
Bicycles, NHTSA
Maryland State Highway Administration

Jury Awards $1.85 Maryland Wrongful Death Verdict to Couple Over Son’s Fatal Birthing Injury

August 3, 2009 | Lebowitz & Mzhen

A Montgomery County, Maryland jury has awarded John and Sandra Ketterman $1.85 million for their newborn’s wrongful death. Their son, Benjamin, died two days after he was born in July 2005.

The Kettermans had accused Dr. Leonard Bienkowski of negligently using vacuum extraction during their son’s delivery at Frederick Memorial hospital. In their Maryland wrongful death complaint, the couple contended that the doctor neglected to follow the standards of medical care and failed to warn them about the potential dangers associated with the procedure. They also claimed that Bienkowski opted to use this process even though their son wasn’t in distress. The Kettermans have said that if they had known of the risks, they would have opted for the doctor to deliver their son via emergency cesarean section.

Benjamin sustained a fatal birth injury when his head got stuck in the birth canal during delivery. The Maryland jury awarded $100,000 for the newborn’s pain and suffering before he died, $752,000 for economic damages, including funeral costs and medical expenses, and $500, 000 to each parent for their suffering.

Maryland Birthing Malpractice: Expansion of Consent Doctrine Restores $13 Million Cerebral Palsy Verdict

July 31, 2009 | Lebowitz & Mzhen

The decision by Maryland’s highest court to extend the doctrine of informed consent to doctors’ talks with patients about medical options has resulted in the reinstatement of a $13 million birthing malpractice verdict to a mother whose son was born with cerebral palsy. Peggy McQuitty and Dylan filed a Baltimore County medical malpractice lawsuit against Dr. Donald Spangler, their obstetrician in September 2001.

They accused Spangler of failing to tell her when she was 32 weeks pregnant, and an abnormality had been detected during an ultrasound, that if she had an immediate C-section her baby might be born healthy. McQuitty then experienced a complete uterine abruption several days later and had to undergo an emergency C-section.

A jury ruled issued its Maryland medical malpractice verdict in the plaintiffs’ favor. The judge, however, allowed the defendant’s request for judgment not withstanding verdict and noted that the doctrine of informed consent only applies to “affirmative violations of the patient’s physical integrity,” not the doctor’s inaction.

Maryland Truck Accidents 23 times more likely When Truck Drivers are Texting

July 29, 2009 | Lebowitz & Mzhen

Findings released from a new study this week report that texting while driving increases the chance that a truck driver will be involved in a truck crash or near-accident by 23 times. Researches from Virginia Tech’s Transportation Institute looked at commercial trucking information from two studies—one in 2003 and the other in 2007. 203 truck drivers who drove over 3 million miles took part in the studies. The institute studied 4,452 events considered “safety-critical,” including 197 near accidents and 21 truck crashes.

Video cameras were installed in large trucks that were used to shoot footage of truck drivers’ facial reactions in the final seconds right before a near miss truck crash or an actual truck accident. The footage showed that the main reason texting while driving is so dangerous for truck drivers is that they have to take their eyes off the road.

The institute’s Center for Truck and Bus Safety Rich Hanowski says that taking one’s eyes off the road when driving for more than two seconds is dangerous. Yet in the last six seconds right before these truck accidents and near collisions, a number of the truckers spent 4.6 seconds with their eyes on their communication device rather than the road. In that length of time, a truck moving at 55mph will have traveled a football field’s length.

Hanowski also said it was important to note that texting while driving isn’t just dangerous for truck drivers, it’s a safety risk for all drivers who do it. While it will be illegal for all Maryland motorists to text while driving October 2009—this isn’t always enough to get drivers to stop texting while driving. Yet the consequences can be catastrophic, such as when a large tractor-trailer ends up slamming into a small passenger car because a trucker was busy checking messages.

Texting while driving riskier than thought, study finds, Chicago Tribune, July 29, 2009
Texting and Driving Don’t Mix, The Washington Post, July 29, 2009

New Data from VTTI Provides Insight into Cell Phone Use and Driving Distraction, Virginia Tech Transportation Institute, July 27, 2009 (PDF)

Related Web Resources:
Cell Phone Driving Laws, GHSA, July 2009

NHTSA Hopes Tougher Braking Standards for Truck Tractors Will Decrease Number of Maryland Truck Accident Deaths

July 27, 2009 | Lebowitz & Mzhen

Last week, the National Highway Traffic Safety Administration introduced new braking standards for truck tractors. Whereas the old standard required tractor-trailers moving at 60 mph come to a full stop within 355 feet, the new standard mandates a complete stop within 250 feet.

The federal agency estimates that this new standard will decrease the number of US truck accidents each year, preventing 300 serious injuries and saving 227 lives each year while reducing property damage expenses by more than $169 million a year. The new standard will be phased in over a four-year period starting with 2012 models and will hopefully accelerate the implementation of the newest brake technology into the country’s freight hauling fleets. According to the NHTSA, truck tractors make up about 99% of the fleets.

The NHTSA says there are several simple solutions that truck manufacturers can put into place to satisfy the final rule requirement, including using air disc brakes, enhanced drum brakes, or hybrid disc systems. The new truck brake requirement will hopefully play a role in continuing the overall decline in US truck crashes that occurred last year when 4,299 people died in large truck crashes—a 12% drop from the 4,822 truck accident fatalities that occurred in 2007.

Maryland File $40 Million Baltimore County Personal Injury Lawsuit Over Son’s Traumatic Brain Injuries From Alleged Near Drowning Accident

July 24, 2009 | Lebowitz & Mzhen

Yesterday, the parents of James Becker filed a $40 million Maryland personal injury lawsuit against the Woodcroft Swim Club and D.R.D. Pool Management Inc. They are accusing the defendants of failing to recognize and respond in timely manner to their son’s near drowning accident on July 29, 2006 and of neglecting to properly resuscitate him.

According to plaintiffs Mary Becker and William J. Becker III, James, then 15, was deprived of adequate oxygen to his brain for approximately 10 minutes. Paramedics arrived at the scene 13 minutes after the teenager was discovered without a pulse. By the time that they could feel James’s pulse, he had already sustained a traumatic brain injury.

The Becker family is seeking $36 million for James, who will require special care for the rest of his life, $3 million for expenses his parents have incurred as a result of his traumatic brain injury, and $1 million for Mary Becker, who experienced the trauma of seeing her son almost drown in the pool.

Cell Phone Use While Driving: NHTSA Withheld Research Warning About Dangers

July 23, 2009 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration reportedly recommended as far back as 2002 that motorists not talk on cell phones while driving—unless in an emergency situation. The federal agency also recommended that drivers not use hands-held, as well as hands-free phones and even went so far as to note that establishing laws banning only handheld cell phones might not be enough to minimize the risks of using a phone while operating a motor vehicle.

The reason for this recommendation was that the NHTSA had in its possession hundreds of pages of research documenting the dangers associated with cell phone use while driving. Yet the recommendation and the research were never made available to the public. One reason for this was concern that Congress and other public officials would see the proposal as a form of lobbying.

The information finally became public after Public Citizen and the Center for Auto Safety, two public interest groups, managed to access the information via the Freedom of Information Act.

The question now being asked is how many lives could have been saved if people knew then what they know now about the risks involved with cell phone use while driving? When the NHTSA first made its proposal several years ago, there were more than 170 million people using cell phones in the country—now, there are more than 270 million cell phone subscribers. And now, more than ever, cell phone use while driving has become a bad driving habit that millions of motorist are finding hard to break.

Yet as more motor vehicle accidents are reported involving motorists that caused auto crashes because they were talking on a phone or text messaging, the consequences of cell phone use while driving can no longer be ignored. Even train operators have been found negligent for engaging in these bad habits and causing catastrophic train collisions.

While Maryland doesn’t have a ban on any kind of cell phone use for adult drivers—only for minor drivers—all drivers will be prohibited from text messaging beginning October 2009. The Maryland Highway Safety Foundation says it had been pushing for a hand-held cell phone ban, but with the latest revelations about the NHTSA’s suppressed findings, they may recommend a total ban on the use of all cell phones while driving.

U.S. Withheld Data on Driving Distractions, WBOC 16, July 22, 2009
Suppressed federal study having ripple effect in Md., Baltimore Sun, July 2009
The Truth About Cars and Cellphones, NY TImes, July 22, 2009
Related Web Resources:

Center for Auto Safety

Public Citizen

NHTSA

Maryland Highway Safety Foundation

Catastrophic Medical Mistakes: Laws Now Requires District and Maryland Hospitals to Report Errors that Result in Serious Injuries

July 21, 2009 | Lebowitz & Mzhen

In the last year, hospitals in Maryland, the District, and Virginia have reported hundreds of medical incidents that have resulted in serious medical harm or death. That’s because new laws that went into effect in 2008 require these hospitals to notify health regulators about serious injuries sustained by patient during treatments. Health experts call these incidents “never events” that never should have happened.

Examples of some of the hospital errors that have been reported include medication mistakes, fall accidents, operations on the wrong body parts, and leaving surgical tools inside patients.

According to Maryland health regulators, insurers paid $522 million in 2008 for preventable complications in 55,000 of 800,000 inpatient cases that took place in hospitals. Now, some insurers are refusing to pay for a hospital’s mistakes.

Preventing Maryland Drunk Driving and Drugged Driving Accidents: NHTSA Roadside Survey Reports Decrease in Drunk Drivers

July 16, 2009 | Lebowitz & Mzhen

Driving under the influence of alcohol and drugs continues to destroy too many lives. Drunk driving and drugged driving are both careless acts that can be grounds for a Maryland car accident lawsuit if someone gets hurt or dies. On a positive note, however, the National Highway Traffic Safety Administration’s new roadside survey reported that the decline in the percentage of legally intoxicated drivers is continuing. Per the new survey, just 2.2% of drivers had a BAC of .08 or greater—compare this figure to 1973, when 7.5% of motorists had BACs registering at the legal limit or exceeded it.

The survey, gathered from roadside locations in 2007, also screened for other substances. 16.3% of nighttime weekend motorists tested drug positive for marijuana (8.6%), cocaine (3.9%), as well as prescription medications and over-the-counter drugs (3.9%). Drivers for the survey were chosen at random and given the opportunity to volunteer while remaining anonymous.

Out of 11,000 motorists, 90% gave breath samples and 70% gave saliva samples. Any motorist that was impaired or appeared to be driving under the influence of alcohol or drugs was not arrested. However, he or she wasn’t allowed to get behind the steering wheel of the vehicle.

US Transportation Secretary Ray LaHood noted that while he was pleased that the fight against drunk driving is making headway, it was imported to remember that 13,000 people a year still die in US drunk driving crashes. He also emphasized the importance of reducing drug abuse and drugged driving.

The NHTSA wants to figure out how drug use is connected to driver impairment—especially as some drugs can stay in the body for weeks.

Other survey findings:
• There were 42% more male drivers than female motorists with illegal BAC levels.
• Motorists were more likely to be driving with a BAC greater than the legal drunk driving limit between 1am and 3am than during other hours of the day.

• Motorcycle riders were two times as likely to be drunk than the drivers of passenger vehicles.

According to the Governors Highway Safety Association, drugs are a factor in 18% of motor vehicle driver fatalities.

Driver Survey Finds Less Drinking, More Drugs, NY Times, July 13, 2009

Results of the 2007 National Roadside Survey of Alcohol and Drug Use by Drivers, NHTSA (PDF)

Related Web Resources:
Impaired Driving, CDC
Drugged Driving