Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

Baltimore Personal Injury Blog

Is medical malpractice responsible for infant's death?

Many courts around the country and here in Maryland must answer this question far more often than anyone would prefer. No parent should have to leave a hospital without his or her child. Doing so would be difficult enough when doctors did everything they could to save the child, but when it is possible that medical malpractice led to the infant's death, it could be devastating.

This is the situation facing one family in another state. After a cesarean section, the hospital gave the mother a sleep aid called Ambien and a painkiller called Vicodin. A few hours later, at approximately 3 a.m., a nurse brought her newborn into the room for breastfeeding. The infant was put into the bed with the medicated mother who must have rolled onto him.

3 Common Medication Errors By Medical Providers

Errors with prescription drugs are alarmingly common. While most mistakes cause little or no harm, they sometimes have disastrous consequences. The wrong med or wrong amount can lead to serious complications, including stroke, organ damage or death.

How do medication errors even occur? The medical professionals are supposed to protect us from harm, not cause it. Here are some common medication errors and what you can do to reduce the risk.

Engine trouble resulted in deadly motor vehicle accident

Breaking down on the side of the road can be a colossal inconvenience for Maryland residents. It can also be dangerous. There are too many media reports of a pedestrian on the side of the road because of engine trouble being killed in a motor vehicle accident

The most recent of these stories involves a man whose vehicle broke down on Maryland Route 5. As he was at the front of his vehicle surveying the problem, another vehicle swerved off the road onto the shoulder and struck the back of his vehicle. It then struck him. The impact threw him into the grass of the shoulder of the roadway.

Route 50 sees 3rd deadly motor vehicle accident in just weeks

Some stretches of road here in Maryland see more crashes than others do. For some reason, there seems to be an increase in wrong-way crashes on a certain stretch of Route 50. Two people died in the most recent motor vehicle accident, which took place on a Wednesday morning.

It was about 2 a.m. when troopers with the Maryland State Police responded to a call to locate a vehicle heading east in Route 50's westbound lanes. By the time a trooper caught up to the vehicle, it had already slammed into another car. The impact caused a third vehicle to strike the westbound vehicle as it spun out of control.

Can a repetitive stress injury cause permanent disability?

Many people who use a computer on a daily basis have experienced bouts of carpal tunnel syndrome, which is a repetitive stress injury involving the wrist. This is just one of several conditions that come under the heading of repetitive motion disorders. Many parts of the body can be affected.

Concerned employers can provide special equipment or ergonomic programs to help workers avoid issues, as repetitive stress injuries could result in lost time at work and workers’ compensation claims. Temporary disability is a very real possibility. If not treated properly, the worst-case scenario is permanent disability.

Is perspiration a reliable indicator of surgical readiness?

When assessing the readiness of residents to perform surgery, the longstanding process has been for supervising surgeons to assess individual performance in the operating room. While this technique has proven effective for decades, the emergence of more regulatory bodies in surgical education has highlighted a need for a decidedly less subjective performance evaluator.

While a host of studies have been undertaken in an attempt to identify a more objective performance evaluator, including measuring the heart rates and blood flow to the brains of surgical residents, none have actually been deployed during a real life surgery.

Did your lawyer commit a breach of fiduciary duty?

When you engage the services of any attorney, he or she is required -- from a moral as well as a legal standpoint -- to act in your best interests. This is known as a fiduciary duty.

If you come to believe that your lawyer committed a breach of fiduciary duty, this might constitute professional malpractice. A reasonable next step would be for you to discuss your misgivings with a different attorney who is experienced in handling legal malpractice cases.

Did Maryland's alcohol sales tax increase help lower DUI crashes?

There is no disputing the toll that drunk driving accidents take on U.S. roads and highways. Indeed, statistics from the U.S. Centers for Disease Control and Prevention reveal that 2015 alone saw over 1.1 million DUI arrests and, more significantly, a staggering 10,265 lives lost in DUI-related crashes. As if this wasn't shocking enough, the CDC puts the price tag of these crashes at over $44 billion per year.

Given staggering numbers like these -- and the sad reality that they are by no means a statistical anomaly -- the question has always been what can be done to lower impaired driving rates. One suggestion that has been consistently floated by vehicle safety experts has been to limit alcohol intake by raising the sales tax on spirits, wine and beer. 

Are you at risk of injury from OSHA violations?

Employers must adhere to the standards set by the Occupational Safety and Health Administration, especially as they relate to dangers such as falling from heights, electrocution, trench collapse or being injured by machinery. Employers who fail to comply with basic regulations open themselves to lawsuits as well as significant OSHA fines and sanctions.

Workers who are injured as a result of non-compliance with OSHA regulations may have a claim that goes beyond workers’ compensation. Property owners, utility companies and other third parties may also be liable for personal injury damages if they contributed to a dangerous work environment.

What exactly are permanent total disability benefits?

Over the last six months, our blog has dedicated a series of posts to examining how those employees who suffer an "accidental personal injury arising out of and in the course of employment" are entitled to benefits under the Maryland Workers' Compensation Act.

Specifically, we've been spent time exploring temporary partial disability benefits, temporary total disability benefits and permanent partial disability benefits. We'll conclude this discussion in today's post by taking a closer look at permanent total disability benefits.

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