Maryland Accident Law Blog

Rehabilitation Hospital in Maryland Comes Under Fire After Patient Dies From Malnutrition

September 12, 2007 | Lebowitz & Mzhen

The Adventist Rehabilitation Hospital of Maryland could lose its Medicare funding. Investigations by the state have found that some of the hospital’s patients have not been getting the proper diets ordered by their physicians, and this oversight may have caused their health problems to worsen. One of the hospitals patients, 29-year-old Julian Frazier, died in December from malnutrition.

The Adventist HealthCare system has 77-beds at its facilities in Takoma Park and Rockville. It also has outpatient centers. At Adventist, patients are treated while they recover from spinal cord injuries, strokes, traumatic brain injuries, war injuries, and other conditions.

Adventist called Frazier’s death an isolated incident. Frazier, a high school math teacher, was being treated for organ damage after suffering from pancreatitis. He lost his ability to walk and almost died.

Last November, he was admitted to Adventist after a gastroenterologist decided that he needed more care. He was 75 pounds underweight at the time of his admission and doctors had said that he needed to eat as much as possible or undergo intravenous feeding and other “interventions” otherwise.

According to state inspectors, he does not appear to have been given the prescribed diet at Adventist. He also was supposed to be weighed every week but there are no records to indicate this occurred. Frazier had diarrhea and was vomiting.

A gastroenterologist that examined Frazier on December 5 said that his body was swollen and he had severe malnutrition. His blood pressure started to go down and he started having difficulties with his vision. Frazier died of cardiac arrest.

According to the state report, Frazier was at a “severe and unrelenting risk of starvation” and Adventist did not intervene.

Other patients that reportedly were suffering from malnutrition at Adventist:

• A patient treated with dialysis lost 22 pounds in one week even though Adventist was supposed to be monitoring any weight loss. Investigators say the patient got a more restrictive diet than what the doctor prescribed.

• A diabetic was fed a meal that was high in carbohydrates even though the doctor had ordered that the patient be fed a balanced diet. Too many carbohydrates can raise a diabetic’s blood sugar.

If you are patient at a hospital, rehabilitation facility, nursing home, elder care facility, or any other care facility where you are receiving medical or rehabilitative care, the doctors, nurses, and care providers are legally obligated to provide you with the care that you have been prescribed. They are not allowed to neglect your care and feeding or deny you the medical care that you need. Failure to do so can be grounds for a medical malpractice claim or a wrongful death lawsuit.

D.C. Metrobus Driver Pleads Guilty to Negligent Homicide in Wrongful Deaths of Two Pedestrians on Valentine’s Day

September 11, 2007 | Lebowitz & Mzhen

Victor Z. Kolako, the former metrobus driver who killed two female pedestrians on Valentine’s Day in a deadly motor vehicle accident, pled guilty to two counts of negligent homicide last Friday. As part of his plea agreement, prosecutors will pursue a prison sentence of no more than three years for Kolako.

Kolako, a Metro employee until he was fired after the fatal pedestrian accident, had been driving his Metrobus on Seventh Street NW on Valentine’s Day when he turned left onto Pennsylvania Avenue. D.C. police say that Kolako did not yield to oncoming traffic on Seventh Avenue and did not see the two pedestrians that were crossing the street on a “walk” signal in a crosswalk.

The pedestrians, Sally Dean McGhee, 54, and Martha Stringer Schoenberg, 59, were co-workers at the Federal Trade Commission. They were also friends and lived in the same neighborhood in Alexandria. The two women were leaving work and were about to take the metro home.

Police say that the two victims were dragged beneath the bus. Schoenberg’s husband has filed a 50 million wrongful death lawsuit against Metro.

Since 2005, there have been eight traffic accidents involving pedestrians and Metrobuses at the intersection of Pennsylvania and Seventh. It is considered one of the most dangerous intersections in D.C.

According to Metro, during the fiscal year ending on June 30, 2007, 32 pedestrians were hit by Metrobuses. 5 people were killed in these traffic accidents. The most recent pedestrian-Metrobus collision took place on February 14 and involved a 21-year-old nursing student.

Metro says that Metrobus drivers are required to take part in a safety training program of 1-2 days each year.

The number of Metrobus accidents involving pedestrians is a growing concern. Last February, Metrobus General Manager John B. Catoe Jr. announced new measures to improve Metrobus safety and public confidence.

Catoe vowed to monitor Metrobus drivers and their driving records. He also said he wanted to increase the amount of street supervisors that manage driver conduct.

Just one day after Catoe’s announcement, however, Metrobus drivers were seen driving through red lights, talking on cell phones, blocking intersections, and going over the speed limit.

443,000 passengers ride on D.C.’s Metrobus system each day.

Metrobus Driver Pleads Guilty, Washington Post, September 8, 2007
Metro to Require Safety Training for Bus Drivers, Wtopnews.com, February 15, 2007
Metro Chief Vows Better Bus Safety, Washington Post, February 25, 2007

Related Web Resources:

Husband Sues in Fatal Accident, Washington Post, March 20, 2007

Washington Metropolitan Area Transit Authority

Deadly Multi-Car Accident in Talbot County Kills One University of Maryland Eastern Shore Student

September 7, 2007 | Lebowitz & Mzhen

Brielle Newland, a 19-year-old sophomore from University of Maryland Eastern Shore, died on Monday in a multi-car crash on U.S. 50 close to Tarbutton Mill Road in Talbott County.

She had been riding in a 2002 Hyundai Accent driven by Jacquell Dendy, a UMES student from Gwynn Oak. The car was going east when it crossed the center divide and hit a 2007 Honda minivan, a 2004 Jeep Wrangler, a Chevy Monte Carlo, and, after overturning, struck a 2004 Ford F-250 pickup truck.

Dendy, was seriously injured in the car accident and taken to Maryland Shock Trauma Center.

Her two other passengers, also form the Princess Anne university, were released from Memorial Hospital in Easton after being treated for lacerations and bruises. All four girls were college sophomores and had been returning to school after the Labor Day weekend.

Maryland State Police are investigating the crash and think that driver error might have been the cause of the fatal accident.

Driver Error

Driver error continues to be a major cause of motor vehicle accidents, even with graduated licenses for teen drivers. Although a driver may not have intended to cause a car accident or run over a pedestrian, the driver may have made mistakes or failed to obey certain rules of driving and the road that led to others being seriously injured or killed.

Some Examples of Driver Error:
•
• Failure to yield
• Not stopping soon enough
• Driving on the wrong side of the road
• Disregarding traffic signs
• Speeding
• Trying to pass a car in a “no passing” zone
• Turning on a red light
• Turning into the wrong lane
• Entering the freeway from a highway exit

If you or someone you love has been seriously injured in a traffic accident because another driver made mistakes, you could have grounds to file a car accident claim and obtain recovery for your loss, pain and suffering, and medical and recovery costs.

Fatal crash jars UMES campus, Baltimoresun.com, September 5, 2007

Related Web Resources:

University of Maryland Eastern Shore

Car Accident Injuries – Causes and Preventive Measures

Two People are Killed and One Person is Injured in Queen Anne’s County During Multi-Vehicle Crash Involving Dump Truck

September 5, 2007 | Lebowitz & Mzhen

Ellicott City residents David Destino and his 13-year-old son Michael died on Friday in a traffic collision involving a dump truck and three cars. David’s wife, Mary, was taken to Baltimore Shock Trauma where she was checked in under reportedly critical condition.

Mary was among four people that suffered personal injuries when the dump truck rear-ended the Destino family’s Ford Explorer on route 404 close to intersection 309. She was in the passenger seat while their son rode in the back.

The impact of the collision pushed the SUV’s backseat into the front of the car. The Explorer then stuck a Jetta and a Road Ranger. A Baltimore couple and their one-year-old baby had been riding the Jetta and they sustained minor injuries in the truck accident.

Prior to the accident, other motor vehicle drivers reportedly had contacted Maryland State Police to complain that the dump truck was driving on the road erratically. At least 9 people died in traffic accidents in Maryland between Wednesday and Friday of last week.

Statistics show that a dump truck is involved in one out of every nine motor vehicle accidents. 94% of these accidents result in the other parties that were not in the dump truck being seriously injured or dying.

Common reasons for dump truck accidents where the truck driver is responsible:

• Negligence by the dump truck driver
• A faulty or defective dump truck or dump truck part
• Mechanical failure
• Driver fatigue
• Carrying a load that is too heavy
• Speeding

Dumptrucksguide.com offers the following safety tips for dump truck drivers:

• Check and oil bushings and pins regularly.
• Check erect cylinders daily. Damaged cylinders should not be exchanged with cylinders charged at inferior operating pressure or smaller cylinders.
• Examine the pressure of the tires regularly. The pressure of the tires should be same on each dump truck’s side.
• Necessary tools should always be kept in the dump truck for safety.
• Check deferral systems under load to make sure that they are working properly or not and offer suspension. Fragile suspension should be exchanged instantly.

• Safety should also be provided on the construction sites while loading and dumping of materials.

Dump truck drivers are upheld to more rigorous safety standards on the road than the drivers of cars and motorcycles. Failure to uphold these safety standards could result in serious personal injuries and wrongful deaths of drivers and passengers of other vehicles and pedestrians.

2 dead, 4 hurt in Queen Anne’s crash, Hometownannapolis.com, September 1, 2007
Dump Truck Accidents, Dumptrucksguide.com

Related Web Resources:

Maryland Commercial Vehicle Safety Regulations

Federal Motor Carrier Safety Regulations

Maryland State Police Warn Drivers to Exercise Caution When Near School Buses

September 4, 2007 | Lebowitz & Mzhen

Police in Maryland are reminding drivers to “exercise caution, especially when children are involved… while driving anywhere near a school bus.” The warning comes in the wake of the new school year and efforts by state and local law enforcement departments to make this school year a safe one with zero injury accidents and wrongful deaths.

Police will be watching for drivers that are not paying attention when driving close to school bus stops. In Annapolis, drivers stopping in school traffic safety zones during the next five days will get a warning. Afterwards, they will receive citations.

Annapolis will also set up radar-speed display boards in school traffic zones. Police officers will stop any driver caught speeding. Stopping at pedestrian crosswalks will also be enforced, as will the use of seatbelts and child car seats. County officers will patrol school zones in cars during times when school buses are in operation.

Maryland’s Penalties for the Following Violations by Motor Vehicle Drivers:

• Failing to stop for a school vehicle: 3 points to the driver’s license and a $570 fine

• Causing an accident because of failure to stop for a school vehicle: a $610 penalty and three points to the driver’s license.

• Failing to stop for a pedestrian at a crosswalk: $80 fine
• Failing to exercise caution when children are around: $70 fine

Statistics show that from 1991-2001, about 26 children died in school bus accidents. 19 of the 26 fatalities were children that had gotten off or were getting on a bus. Half of the student pedestrians were between the ages of 5 and 7.

There were 1,479 school bus accidents that occurred over this same period. 68% of these accidents involved drivers of other motor vehicles.

Losing a child in a school bus-related accident can be very devastating for the family. It can also be very traumatic for a child to sustain serious injuries in a school bus accident, and the psychological and emotional ramification can be long term.

If your child has been seriously injured or killed in a school bus accident because the bus driver or another driver was negligent, you might have grounds to file a personal injury or a wrongful death claim or lawsuit.

Bus safety high on police radar, Hometownannapolis.com, August 20, 2007
School Bus Accident, Online Lawyer Source

Related Web Resources:

Traffic Safety, NHTSA
Back to School Safety, NSC.org

Toys ‘R’ Us and Consumer Product Safety Commission Recall Wooden Art Cases Because of Lead Paint Concerns

August 30, 2007 | Lebowitz & Mzhen

Toy company Toys ‘R’ Us and the U.S. Consumer Product Safety Commission (CPSC) say that they are recalling approximately 27,000 Imaginarium wooden coloring cases that were manufactured in China because the ink printed outside the cases have lead. Some of the black watercolor paint used is also said to have very high levels of lead and therefore violates the federal lead paint standards.

The product recall could lead to personal injury claims and products liability lawsuits across the country if anyone becomes seriously ill or dies because of exposure to the lead. So far, no injuries have been reported.

The CPSC says that all consumers should stop using the coloring cases right away. The 213-piece wood cases comes with pastels, crayons, fiber pens, colored pencils, a pencil, a paintbrush, water colors, white paint, a palette, a pencil sharpener, and a ruler.

Some 8,300 wooden art sets have already been sold to customers under the Imaginarium label. The sales occurred between October 2006 and August 2007 at Toys “R” us stores and on the Toys “R” Us Web site. Toys “R” Us said that it had purchased about 27,000 art sets from the company Funtastic.

The product recall comes on the heels of a series of recalls earlier this month by Mattel Inc., which recalled millions of toys made in China because they either contained powerful magnets that could be easily swallowed or were made with excessively high levels of lead paint.

Exposure to lead can be very dangerous for children, especially boys and girls six years of age and under. Results from studies show that lead exposure can result in hyperactivity, ADD, a lower IQ, kidney damage, hearing problems, learning disorders, stunted growth, and behavior problems in children.

Adults exposed to lead have been known to develop muscle and joint pain, fertility problems, higher blood pressure, memory loss, and nerve problems.

If you or someone you love has become injured or sick because of exposure to lead from a defective product, you could have grounds to file a products liability claim against the negligent party. There may even be more than one negligent party that can be held responsible for your personal injury, such as the product manufacturer, the product distributor, the company that marketed the product, and the store that sold the product to you.

CPSC and Toys ‘R’ Us recall wooden art cases, Marketwatch.com, August 30, 2007
Toys ‘R’ Us Recalls Chinese Art Sets, Forbes.com/AP, Auugust 30, 2007
Lead Poisoning, NSC.org
Toys “R” Us Recalls Wooden Coloring Cases Due To Violation of Lead Paint Standard, CPSC.gov, August 30, 2007
Corporate Page, Toys “R” Us

Maryland Motorcyclist Who Lost Leg Wins $3.2 million Personal Injury Judgment from Cecil County

August 29, 2007 | Lebowitz & Mzhen

A jury in Maryland has ordered Cecil County to pay Karl Dorman, a 34-year-old Elkton man who lost his right leg in a 2002 motorcycle accident, $3.2 million. Dorman sued Cecil County for personal injury after his leg was severed during his motorcycle crash where a pickup truck collided with him. His leg hit a utility pole that was placed just 17 inches from the road.

Dorman claims that his leg was severed because the county neglected to properly maintain Nottingham Road (where the accident occurred) and the surrounding areas. The motorcycle accident took place on June 2, 2002 close to Steele’s Motel.

Because of Maryland’s limitations cap on local government liability, Dorman will only be able to collect $200,000. To win its case, the plaintiff said that the county neglect its duty to adopt regulations that would prohibit potentially hazardous objects, including utility poles, from being placed too close to roads. They cited “breach of duty” as the cause of Dorman’s severed leg.

The American Association of Highway Safety Transportation Officials has issued a recommendation that utility poles be placed at least 7 to 10 feet from the roadway. The defense said these guidelines are included in Cecil County’s road code.

The six-person jury, however, ruled in favor of Dorman. They said that the county acted negligently by not fulfilling its responsibility to keep Nottingham Road and the nearby area safe and that this negligence was a “concurrent proximate cause” or a “proximate cause” that led to Dorman’s personal injuries.

The jury awarded Dorman $605,000 for mental suffering, physical pain, humiliation, and disfigurement, $266,408.71 in lost wages, and $2,345,257 in medical costs.

A severed leg is a catastrophic injury and the costs for medical bills and recovery are astronomical. Filing a personal injury claim against the person or entity responsible for such an injury can help relieve some of the financial burden and provide the injured person with some acknowledgement for their loss.

Filing a personal injury lawsuit against any government entity can be very complicated and a plaintiff must follow strict guidelines in order for the suit to be brought. It is important to file any kind of accident claim against a government employee or agency as soon as possible. Depending on the state where the accident occurred, the government entity or employee usually must have the chance to agree to or deny your claim. If they deny your claim, you can then file a lawsuit in civil court.

If you have been seriously injured in a motorcycle accident or any other kind of motor vehicle accident in Maryland or Washington D.C., you should speak with a personal injury attorney right away.

Motorcyclist who lost leg wins judgment against county, Cecil Whig, August 29, 2007

Related Web Resources:

AASHTO, Transportation.org
Motorcycle Accident Cause Factors and Identification of Countermeasures, Findings from the Hurt Report
Costs of Injuries Resulting from Motorcycle Crashes, US Department of Transportation

90-Year-Old Maryland Victim of Alleged Caretaker Abuse Has Suffered Seizures Since Beatings

August 28, 2007 | Lebowitz & Mzhen

A Baltimore woman says she has video footage of the caretaker she hired to care for her 90-year-old father abusing him on at least four different occasions.

Jaki Taylor says she hired Anastasia Olouch to take care of her father John Taylor at home after he had suffered a number of strokes. Taylor says that security cameras recorded Olouch, 54, striking her father on the arm, chest, head, and stomach. John is not able to communicate or defend himself.

Police in Maryland arrested Olouch and she was indicted on multiple counts of assault, reckless endangerment, and abuse of a vulnerable adult.

Her trial was scheduled to begin on August 8 but she did not appear in court. The State Attorney’s office requested that a warrant be issued against her.

John Taylor has experienced a number of brain seizures since the arrest. Doctors say they cannot confirm whether the seizures were caused by the beatings. Jaki Taylor, however, claims that her father’s health has gotten worse since the incidents of elder abuse.

Last year, Adult Protective Services investigated close to 5,000 elder abuse cases in Maryland. More than 1,000 of the cases took place in Baltimore.

Dr. Dan Sheridan, a professor at Johns Hopkins School of Nursing and a forensic nurse, says that elder abuse perpetrators tend to hit their elderly victims as a means of controlling them and that they choose older victims because they are easily confused and vulnerable.

The Senate Committee on Aging says that about 5 million incidents of elder neglect and abuse are taking place in the U.S. right now but that many of these incidents are not reported.

Professor Linda M. Woolf, from Webster University, cites a number of signs of physical abuse of the elderly:

• Overt signs of physical trauma (e.g. scratches, bruises, cuts, burns, punctures, choke marks)
• Signs of restraint trauma (e.g. rope burns, gag marks, welts)
• Injury – particularly if repeated (e.g. sprains, fractures, detached retina, dislocation, paralysis)
• Additional physical indicators – hypothermia, abnormal chemistry values, pain upon being touched
• Repeated “unexplained” injuries
• Inconsistent explanations of the injuries
• A physical examination reveals that the older person has injuries which the caregiver has failed to disclose
• A history of doctor or emergency room “shopping”
• Repeated time lags between the time of any “injury or fall” and medical treatment

Elder abuse is a crime.

A person who is the victim of elder abuse has a right to seek personal injury compensation for the injuries that they have sustained because a doctor, nurse, or caregiver acted negligently.

Woman Says Caregiver Beat Her 90-year-old Father, WLTX.com, August 16, 2007
Caught On Tape: Alleged Abuse Of 90-Year-Old, NBC10.com, August 15, 2007
Finding the Red Flags for Elder Abuse, ABC2news.com, August 24, 2007
Elder Abuse and Neglect, Webster.edu

Related Web Resources:

National Center on Elder Abuse

Elder Rights & Resources, Administration on Aging

5-Year-Old Stevensville Boy Dies After Being Struck by Car in Anne Arundel County, Maryland

August 24, 2007 | Lebowitz & Mzhen

Colin Matthew Cunningham, a 5-year-old boy, died on Saturday after being struck by a car. The Stevensville boy was running after a group of teenagers when he ran in front of a Jeep Wrangler on Whispering Woods Drive in a townhouse community in Annapolis.

According to police, seven teenagers had crossed the street to play football in a nearby open area. Colin ran after them. After the accident, he was taken to Johns Hopkins Children’s Hospital and later declared dead.

The 18-year-old driver of the Jeep had her 16-year-old neighbor and 14-year-old sister in the car with her. She stopped right after hitting the Colin.

Authorities say that the alcohol did not play a part in the car accident, but they would investigate whether she had been speeding.

Statistically, children—especially boys 5 to 9 years of age—are at great risk of being hit by a motor vehicle in a pedestrian accident. Many pedestrian accidents involving young children take place close to their homes, and pedestrian fatalities is one of the leading causes of injury and death for children.

Children frequently don’t have a great sense of danger. They also are not easily able to judge how fast an oncoming car is going. They also can be very impulsive and may run into the street without looking to see if a car is coming.

Saferoutesinfo.org offers a number of safety tips for children that are old enough to cross the street without adult supervision, including:

• Choose the route with the fewest streets to cross.
• Avoid crossing busy or high-speed streets.
• Be more visible to drivers by wearing bright clothing in the daytime.
• Always look for motor vehicles.
• Do not cross behind or within 10 feet of the front of a bus or other large motor vehicle because the driver can not see this area.
• Stop at the edges of driveways and curbs or edges of the street where no curb exists and look for motor vehicles before proceeding.
• Watch for parked motor vehicles that may be getting ready to back up or pull forward.
• Walk, don’t run, across the street.
• If crossing the street at an intersection:
o Obey traffic signs and signals.
o When the signal indicates it is time to cross, check for motor vehicles. Drivers may not obey the rules and turning drivers may not look for pedestrians.

• Look to see if motor vehicles are coming.

Although children need to be careful when crossing the street, it is still the responsibility of car drivers, bus drivers, truck drivers, and motorcycle riders to exercise extreme caution when operating their motor vehicles.

If your child has been injured or killed in a pedestrian accident because a driver acted negligently by speeding, driving under the influence of drugs, or for any other reason, your child and your family are entitled to recovery compensation for pain, injuries, suffering, and other related losses.

Stevensville boy, 5, dies after being hit by car, Baltimoresun.com, August 20, 2007
Key Messages For Children, Saferoutesinfo.org
Pedestrian safety for kids and parents, Safety and Consumer Protection

Related Web Resources:

National Strategies for Advancing Child Pedestrian Safety, Federal Highway Administration

Pedestrian Injuries to Young Children

Two Construction Workers are Seriously Injured in D.C. Construction Accident

August 22, 2007 | Lebowitz & Mzhen

Two men were injured while working at a construction site in Washington D.C. on Tuesday.

The construction workers were working about 30 feet under the ground on a building project in the downtown area when they were struck by a steal beam that they were lowering.

One of the workers was struck on the head. The other worker was hit on the back. Alan Etter, the DC Fire and EMS Spokesman says that the injuries are critical but not fatal.

If you are injured at a construction site, you may be eligible for workers’ compensation benefits. Workers’ compensation is provided by employers for employees that are injured at work. A good personal injury attorney can make sure that you get the full range of benefits under the workers’ compensation package that you are entitled to.

By accepting benefits under workers’ compensation, you are waiving the right to sue your employer for personal injury. However, there may be other liable third parties involved, such as contractors, the manufacturers of defective construction tools or machinery, and building designers or architects.

An experienced personal injury attorney can examine the circumstances surrounding your construction injury and determine whether any other parties can be held financially and civilly responsible for your accident and recovery costs.

The Bureau of Labor Statistics says that in 2003:

• 155,420 construction accidents took place in the U.S.
• Out of every 10 construction workers, 1 person will get hurt on the job.
• The majority of the construction workers who were injured missed over 31 workdays.
• Defective construction materials and using construction tools/machinery are two of the most common causes of injuries at construction sites.

• The most common areas where construction workers are injured are their backs and trunks.

Two Men Injured in Construction Accident, NBC4.com, August 21, 2007
Bureau of Labor Statistics, U.S. Department of Labor