Lewis & Tompkins, P.C.FindLaw IM Template2024-03-18T18:03:28Zhttps://www.lewisandtompkins.com/feed/atom/WordPress/wp-content/uploads/sites/1100220/2019/05/cropped-site-icon-2-32x32.jpgOn Behalf of Lewis & Tompkins, P.C.https://www.lewisandtompkins.com/?p=596912024-03-18T18:03:28Z2024-03-18T18:03:28ZWHO estimates that about 684,000 people worldwide lose their lives to falls each year. While most of these fatalities occur in other parts of the world, the United States has its share of fatal slip-and-fall accidents.
On a similar note, over 37 million people worldwide must get medical attention because of a fall.
Age is the primary risk factor with respect to falling.
In the United States, those over 60 or more prone to serious injuries like broken bones, traumatic head injuries and spinal cord injuries due to falling. On the other hand, children are also more prone to serious falls.
Many times, children simply do not perceive when they are in danger of a serious fall, and even responsible parents and caretakers cannot supervise the kids in their care 100% of the time.
Other significant risk factors include working in a job that requires employees to work from heights or other precarious locations.
Unmanaged medical conditions, including medication side effects, can cause falls.
Another risk factor is when properties are unsafe.
Business owners and others can do a lot to prevent falling just by making sure that all people, including those who might not have the best motor skills or eyesight, can safely navigate their property.
Victims of serious falls in Maryland and Northern Virginia have legal options
After a serious fall, a victim or their family may have significant medical bills, lost wages and other costs and expenses. Serious falls also carry a hefty non-economic toll in the form of pain and emotional distress.
Another person or business may be responsible to pay for these losses if their negligence contributed to the victim’s fall. Victims should make sure they understand their legal options for obtaining compensation.]]>On Behalf of Lewis & Tompkins, P.C.https://www.lewisandtompkins.com/?p=596892024-03-04T16:55:14Z2024-03-04T16:55:14ZLegal claims based on defective products are referred to as product liability claims and are based on the legal concept of negligence.
What does product liability mean?
Product liability means the liability of parties who are responsible for designing, manufacturing or distributing a defective product.
Some common types of product liability claims include:
Design defect
Manufacturing defect
Warning defect
A design defect means the product is inherently dangerous due to the way it was designed. Product liability claims involving motor vehicles often involve design defects. Proving a design defect generally involves showing the product was in an unreasonably dangerous condition.
A manufacturing defect means that although the product was designed properly, something happened during the manufacturing process to make the product unsafe.
Manufacturing defects can be challenging to prove. You must show that the manufacturer was negligent and that this negligence caused your damage.
Warning defects mean that the product was inherently dangerous and the manufacturer had a legal duty to warn you of the danger but did not do so.
Product liability claims based on warning defects are often seen with prescription medications when a pharmaceutical company fails to include potential side effects or adverse reactions on the warning label of a medication.
However, warning defects can happen with any type of product and do not need to involve a lack of warning. The warning label could be placed in a poor location or in too small print.
Proving your damages
You must prove the amount of your damages no matter what type of defect you allege in your product liability claim. For example, if you allege you suffered $10,000 in damages, you must prove that figure.
Damages can be proved through evidence such as medical receipts, paystubs showing lost wages or documentation of other expenses.]]>On Behalf of Lewis & Tompkins, P.C.https://www.lewisandtompkins.com/?p=596872024-02-27T05:42:04Z2024-03-01T20:17:58ZSpeeders could face more scrutiny and worse penalties
In Maryland, two problems that compromise the safety of others are work zone speeding and street takeovers. State lawmakers are moving forward with strategies about both. For work zones, the objective is to install more cameras to catch speeding drivers. In addition, the fines for violating the speed limit would be increased.
Street racing involves drivers blocking the roadways and performing vehicle stunts. This is dangerous in myriad ways as it cases traffic jams and leaves people vulnerable to an out of control car or truck traveling at high speed. In 2023, there were 130 such incidents. Law enforcement is limited in what it can do about these behaviors. The goal is to make drivers pay a greater price such as a license suspension.
Regarding work zones, there would be more cameras to catch drivers who speed through these areas. Speeding and recklessness puts workers in harm’s way. Since they are inherently vulnerable, drivers who ignore the signs that road work is ahead and it is necessary to slow down can cause a crash with workers. The fines for speeding would rise to $290. It is currently $40.
Washington is going after speeding drivers in general with its attempted crackdown. It too would enhance camera-related speeding citations as drivers would have points on their license if they continually flout the law. This set of laws would also address drunk driving with the potential of lawsuits filed against them if they have multiple incidents.
If drivers have committed major violations, their vehicle could have a speed limiter installed. It includes drivers who received a conviction for aggravated reckless driving with a license suspension. The limiters would prevent vehicles from going beyond the posted speed limit. The driver is responsible for its installation.
People who take to the road in Maryland and Washington are keenly aware of the dangerous ways in which people drive. Speeding and other reckless acts cause accidents leaving people with medical bills, lost time at work and fear as to what the future holds. If these new initiatives are successful, it might enhance safety. Still, auto accidents can happen without warning. Given the problems people will face in the aftermath, it is imperative to know what options are available to make a full recovery.]]>On Behalf of Lewis & Tompkins, P.C.https://www.lewisandtompkins.com/?p=596852024-02-19T19:38:28Z2024-02-19T19:38:28ZMalpractice defined
The general idea of medical malpractice outlined above is correct, but duty also plays a large role in medical malpractice cases.
Every healthcare professional has a duty to their patients – a duty to correctly diagnose medical problems, to recommend proper treatments and to correctly perform any treatments, for example. It goes beyond the medical ethos of “do no harm” and includes the duty to do what is correct and necessary for the treatment of a patient’s medical condition.
The actual malpractice” that occurs is the breach of that duty. Surgical mistakes, prescription medication errors and even a delayed or incorrect diagnosis are all examples of forms of malpractice that breach the provider-patient duty.
So, yes, when a doctor, nurse or other healthcare professional in Maryland commits some kind of mistake or doesn’t do something they should do, those errors can lead to medical malpractice lawsuits. But, as these types of cases progress, don’t be surprised if the focus of the legal proceedings largely falls on the standard of care that was applicable in the exact situation and how, exactly, the duty owed from the healthcare professional to the patient was breached.]]>On Behalf of Lewis & Tompkins, P.C.https://www.lewisandtompkins.com/?p=596832024-02-05T12:23:18Z2024-02-05T12:23:18ZMany were injured and required hospitalization
According to the Maryland Transportation Authority, a 2018 blue Honda Civic was speeding and driving erratically on the bridge on a recent Saturday morning. This may have caused an initial crash, which then caused various secondary crashes.
The result was a multi-vehicle accident that took first responders’ hours to clean up, while drivers were stuck in traffic on the bridge.
Several people were injured in the crash, with some of the injuries being reported as serious, and sent to local hospitals. Authorities are looking for anyone who may have witnessed the accident.
Determining the cause of this type of accident can be tricky
Speeding and driving recklessly on a large bridge filled with traffic is an example of negligent driving. In accidents like this one, it is important to determine exactly how the accident started and how much negligence was involved.
If the driver of the Honda Civic was the initial cause of the accident, it could be difficult to determine if other drivers were negligent. The Honda Civic might have crashed into a vehicle, but if that vehicle was traveling too close behind another vehicle and smashed into them, that driver could be found negligent, as well.
The drivers who were injured in this accident might be able to recover compensation for their injuries through a personal injury action.
The amount of compensation received depends on proving damages, but it may include compensation for medical expenses, lost wages and pain and suffering.
Know where to turn after a car accident
After a major accident, you may feel overwhelmed and confused about what to do next. It is important to know the next steps to take and how to start the personal injury claim process.
]]>On Behalf of Lewis & Tompkins, P.C.https://www.lewisandtompkins.com/?p=596752024-01-22T10:18:01Z2024-01-22T10:18:01Zrecent episode of nursing home staff neglect in Dallas produced such clear evidence of negligence that the case is likely to spark interest in most other states, including Maryland.
The victim was former United States representative from Texas, Eddie Bernice Johnson. The representative’s attorney said at a news conference that she developed an infection after spinal surgery and died from the effects of the infection.
The incident
On Sept. 21, 2023, Ms. Johnson’s son received a telephone call from his mother in the nursing home. She told him that she was experiencing severe pain and was getting no response from attendants at the nursing home. Mr. Johnson drove to the nursing home and found his mother lying in a pool of her own feces and urine.
Mr. Johnson could find no nurses on the floor where his mother was being treated. He then went to the office of the nursing home administrator. When the two returned to his mother’s room, they found staff members who were busy cleaning up the feces and urine.
The surgeon who performed the original surgery placed a note in Ms. Johnson’s records that stated that she was receiving no treatment despite the fact that she was screaming in pain and asking for help. The surgeon then performed a surgical repair of the infected wound. Ms. Johnson was moved to a skilled nursing facility and sent home for hospice care in mid-December. A laboratory analysis of the feces and urine in Ms. Johnson’s bed found organisms directly linked to human feces.
Rep. Johnson died on December 31.
The lawsuit
Rep. Johnson’s family said that they were going to commence a lawsuit against Baylor, Scott & White Institute for Rehabilitation and Baylor, Scott & White Health System based upon the negligence of the nursing home staff.
Based upon facts reported in the local media, the Johnson family appears to have a strong case for wrongful death based upon the negligence of the nursing home staff. The only question is proving causation. The Johnson family must produce one or more expert physicians who will testify that Ms. Johnson’s death was caused by the infection that resulted from her exposure to urine and feces while in the nursing home.
]]>On Behalf of Lewis & Tompkins, P.C.https://www.lewisandtompkins.com/?p=596732024-01-11T16:27:00Z2024-01-09T16:24:34Zuninsured or underinsured motorist coverage available to them. They may also have personal injury protection benefits available to them.
But there is still a good chance that at the end of the day, a victim suffering from serious or catastrophic injuries will have to figure out how they are going to cover their medical bills, lost income and other expenses.
Those in the greater D.C. area facing this situation may want to consider whether others are also legally responsible for their injuries.
Vehicle manufacturers may be liable for injuries
For example, many motor vehicle accidents happen, and many injuries occur, because of flaws in the design of the vehicle. In other situations, a manufacturing error may make a vehicle unsafe.
The law surrounding what is called product liability can be complicated. The basic idea is that companies which manufacture, distribute or sell products, including motor vehicles and their component parts, are responsible for making sure their products are safe.
Specifically, manufacturers must make sure they design their products with safety in mind and that they assemble their products properly. They must also ensure that customers get adequate warnings and instructions on how to use the product safely.
If a dangerous vehicle injures a motorist, then the motorist may be able to pursue compensation from the vehicle’s manufacturer.
Whether it is appropriate to pursue a claim will depend on the circumstances, but injured victims in Maryland should explore a product liability claim along with their other legal options.]]>On Behalf of Lewis & Tompkins, P.C.https://www.lewisandtompkins.com/?p=596682023-12-29T08:31:41Z2024-01-03T08:30:52ZStatute of limitations
First, a medical malpractice claim must be filed within the statute of limitations. This means it must be filed within a certain period after the malpractice occurs.
The statute of limitations in Maryland states that a medical malpractice claim must be filed within five years of the event that caused the injury or within three years after you discover the harm.
However, there are some exceptions to these rules, such as if you cannot file the claim because of your injury.
Medical malpractice lawsuits are based on the legal theory of negligence. Before you file your medical malpractice claim, you should consult with a medical expert who practices in the same or similar field as the doctor you believe committed medical malpractice against you.
Notice of intent
After that, you must typically send a notice to the negligent physician or medical provider. The notice states that you intend to file a lawsuit and contains certain information, such as the basis for the lawsuit and the injuries that you suffered.
This notice must usually be sent a certain number of days or weeks before filing the medical malpractice lawsuit. The purpose is to put the doctor on notice that you believe they committed malpractice and give them time to prepare or attempt to settle the matter.
Discovery
Once the deadline for the intent to file notice has passed, you may file your lawsuit. The next step is the discovery process. This is where you and the other side exchange information and documents with each other.
The discovery process also often includes depositions, where both sides interview witnesses under oath. The discovery process is one of the most important pieces of the case. It usually provides each side a chance to examine the evidence received to assess the strength of their case.
Settlement negotiations
When the discovery process is complete, settlement negotiations begin. This involves discussions between both sides to see if an agreement can be reached.
The length of time for settlement negotiations depends on the law involved, the complexity of the case and various other factors. Although many cases do settle rather than go to trial, it is important to remember that the doctor, medical facility and their insurance provider’s goal is usually to pay out as little as possible.
Your case goes to trial if you cannot reach an agreement during settlement negotiations. You might be required to go to arbitration or mediation before or as an alternative to trial.
The wait can be worth it
The time it takes to resolve a case does not necessarily depend on the strength of the case. You might have a strong case that still takes years to resolve, or a case that resolves quickly with an unfavorable result toward you.
You may feel discouraged knowing that you might have to wait longer than you would like to get compensation for your injury. However, filing a medical malpractice lawsuit is often the best and only way to hold those at fault for your injuries accountable and help you receive compensation for your damages.
]]>On Behalf of Lewis & Tompkins, P.C.https://www.lewisandtompkins.com/?p=596702023-12-29T17:13:30Z2023-12-26T16:26:35Z
Conduct reasonable inspections of the premises on a regular basis and identify dangerous conditions on the property.
Take reasonable steps to remedy the dangerous conditions found on the premises.
Warn customers and others of the dangerous conditions on the premises.
A person injured in a slip-and-fall accident at a retail store may be able to file a personal injury claim against the store owner for damages on the basis of premises liability. These damages may cover the victim’s medical expenses, lost wages, and pain and suffering.
Proving that a store owner is at-fault for your slip-and-fall may require you to establish:
Dangerous condition: There was a dangerous or hazardous condition on the property that caused your accident (e.g., slippery floor, debris in the aisles, or broken steps).
Actual or constructive notice: The store owner knew or should have known of the dangerous condition that caused the accident.
Failure to take reasonable action: The store owner failed to take reasonable steps to fix the problem or warn of the problem.
Damages: The accident caused you to suffer injuries and/or damages.
Many slip-and-fall accident victims are partially responsible for their own accident. In contributory negligence jurisdictions such as Maryland and Washington DC, if you are partially liable for your own accident, you will be barred from recovering damages. Store owners will go out of their way to prove that you contributed to your own accident.
Your job will be to present evidence, such as accident reports, eyewitness testimony, and photos and videos from the scene to establish that the store owner should be held liable for your accident.]]>On Behalf of Lewis & Tompkins, P.C.https://www.lewisandtompkins.com/?p=596662023-12-15T04:39:22Z2023-12-21T04:38:19ZHow to teach your child to be a safe driver
There’s a lot that goes into building a defensive driver. Here are some skills that you’ll want to teach your child to keep them safe out on the road:
Allow for at least three seconds’ worth of distance between yourself and the driver in front of you, which will allow your child to take evasive maneuvers to avoid an accident or safely come to a stop when the vehicle in front of them slams on the brakes.
Frequently check mirrors and surrounding to remain cognizant of vehicles and hazards that are in their car’s vicinity.
Assume that other drivers will operate in erratic and unpredictable ways.
Obey the speed limit, even when it feels too slow.
Avoid distractions, which may include putting a phone in the glove box or center console to avoid temptation.
Identify escape routes when surrounded by other vehicles.
What should you do if your child is hurt in a car accident?
If, despite your best efforts, your child is injured by a negligent driver, then you should consider taking legal action. A successful personal injury lawsuit can lead to the recovery of much needed compensation, which could offset the losses that you and your child are facing. So, if you find yourself in this position, then you may want to consider how to best pursue a personal injury claim that protects your and your child’s interests.
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