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

Baltimore Personal Injury Blog

Woman's death blamed on nursing home negligence

Nursing home residents tend to be at the most vulnerable points of their lives. These elderly men and women often require regular and diligent attention to ensure that their needs are being met and that they are no danger to themselves. Sadly, nursing home negligence is a rampant problem in Maryland, which means that many residents are placed in unsafe situations that can lead to harm or even death.

An out-of-state nursing home was recently cited for neglecting its patients after a devastating accident. The resident had been at the facility since Dec. 2017 and was on supplemental oxygen, which helped her breathe despite her lung disease. As oxygen is extremely flammable, she was not supposed to be smoking. However, staff apparently routinely left her unsupervised with access to cigarettes. In the months between her arrival and the accident, staff discovered her smoking on multiple occasions.

17-year-old awarded $135 million in medical malpractice suit

Maryland patients trust their doctors to treat them with knowledge, specialized care and dignity in all matters. This is especially important when going under the knife, where matters of life and death can occur much more quickly. An out-of-state surgeon was recently held accountable for his actions when a jury awarded one of his former patients $135 million in a medical malpractice suit.

The victim -- now aged 17 -- was only 10 years old when she underwent corrective surgery for her scoliosis. She was treated by an orthopedic surgeon, who installed hardware along her spine. However, the young girl immediately reported experiencing intense pain and soon lost control of her limbs, bladder and bowel. During this time, the surgeon took two separate vacations and ignored her complaints.

What happens when paramedics are negligent?

Emergency medical technicians are responsible for responding to emergency injuries. They provide critical treatment and transportation to patients who experience a health crisis or injury. These first responders have tough jobs and do amazing work.

But what happens when a paramedic makes a mistake or acts negligently while treating or transporting patients? Unfortunately, not all EMTs live up to the standard of providing excellent care. 

Man's family may qualify for workers' compensation death benefits

The death of a loved one is never easy to deal with. However, when the death was the result of an accident, making sense of everything may be even more difficult. Although most people are familiar with workers' compensation as a system that provides benefits to injured workers, surviving family members can also seek death benefits through this state-regulated insurance system.

A Maryland man was at work when he was involved in a fatal accident. While trimming a tree, a falling tree limb struck the worker, killing him. It is not clear what caused the branch to fall, and whether it was from significantly higher in the tree or one that he was working on clearing away.

Property owners can be held liable for slip-and-fall accidents

Falls make for great slapstick moments in movies, but they work much differently in real life. Slip-and-fall accidents often result in severe injuries for victims. From broken bones to head trauma, recovery from these accidents can be time-consuming and financially draining. However, most victims in Maryland can achieve compensation for their injuries if their fall occurred on another person's property.

One of the most common causes of slip-and-fall accidents comes from slippery or otherwise ill-maintained floors. However, the simple existence of a spill, wax or crack does not necessarily mean that a property owner is liable for another person's injuries. Instead, courts will look at whether the owner took steps to adequately warn others of potential dangers. For instance, was there a sign for a spill or did the owner rope off an area of floor that was recently treated with wax?

Do you have recourse when an emergency vehicle hits you?

You regularly see emergency vehicles such as police cars, ambulances and fire trucks, their sirens blaring as they rush to accident scenes or transport injured people to the hospital.

In a twist of irony, though, emergency vehicles can be at higher risk of involvement in a vehicle crash. High speeds and the element of surprise for other drivers make for a dangerous combination. So, emergency personnel who are helping someone could end up hurting or killing someone else.

Anyone who is walking is at risk for a pedestrian accident

Walking is a great form of exercise for most Maryland residents. Unfortunately, it can also be dangerous. Although most people take great care to look both ways before crossing the street and stick to well-lit areas, they are simply no match for large motor vehicles. Because of this, virtually anyone can be at risk for a pedestrian accident.

According to the Centers for Disease Control, pedestrians are the most susceptible group on the road. This includes children in strollers and individuals who use wheelchairs. On average, approximately one pedestrian is killed every two hours and around 430 more seek treatment in emergency departments for every 24 hours. In 2013, this totaled to over 156,000 visiting ERs and 4,735 fatalities.

Was the driver who caused the accident late for the game?

You’re in downtown Baltimore, riding in the bike lane with traffic, when a guy in a Jeep sideswipes you. The driver says he was on his way to the Orioles game and was running late. That would explain why he was speeding through a 25 mph zone and endangering everyone in the vicinity, including cyclists like you.

Speeding – especially aggressive driving by people in a hurry – is frequently a root cause of traffic accidents. And innocent people pay the price for those negligent drivers who are always behind schedule.

What are my options after experiencing legal malpractice?

Whether faced with the wrongdoing of another, a criminal charge or a serious injury, heading to court is a nerve-wracking experience. Most people in Maryland do not take on this experience alone. Obtaining the guidance of an experienced lawyer is often your best option for achieving the best possible outcome for your unique situation, but what if someone drops the ball? In the face of legal malpractice, you might feel understandably lost.

Your only familiarity with the word "malpractice" might be in relation to negligent health care providers, but many other professions hold their members to similar performance standards. Lawyers are certainly no exception. If your past lawyer behaved unprofessionally, failed to perform his or her duty and left you high and dry, you can potentially hold them responsible. Common instances of legal malpractice include:

  • Claiming improper bankruptcy exemptions
  • Improperly drafting real estate contracts
  • Agreeing to low or unauthorized personal injury settlements
  • Missing important filing deadlines
  • Misusing clients' funds

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