Justin Beall

A study by Public Citizen’s Congress Watch (PCCW) revealed some interesting facts about medical malpractice in Maryland. Despite what you might have heard, there is no overall medical malpractice lawsuit problem in Maryland, according to the study. Doctors are not leaving the state because of lawsuits and high medical malpractice insurance rates.

Secondly, according to PCCW, the medical malpractice problem in Maryland is attributed to negligent acts by a small number of doctors, which the state medical board does not discipline after a serious medical error. Three percent of doctors in Maryland are responsible for half of the medical malpractice payouts. This three percent represents 576 doctors, and each has made two or more medical malpractice payouts.

The PCCW examined findings from the Institute of Medicine and found that there are about 836 to 1,862 hospital deaths in Maryland ever year. Each one of those deaths occurs from preventable medical errors. Even worse is that the doctors with repeated medical malpractice claims against them rarely suffer consequences from the Maryland Board of Physician Quality Assurance.

One act of medical negligence can permanently alter someone’s life. Has a medical error injured you or a family member?

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. – Maryland personal injury attorneys, approved by attorney Justin Beall

Peter DePaolis

A 29-year-old Virginia firefighter was too ill to attend his own fundraiser last month. He is undergoing chemotherapy treatments for mesothelioma cancer, which doctors think resulted from asbestos exposure as a child. Normally, the deadly lung cancer strikes victims later in life after years of exposure to asbestos on the job. It can take up to 50 years for mesothelioma symptoms to manifest.

In this case, however, the victim received the diagnosis before the age of 30 – last February, just after beginning his career as a firefighter. He thought the initial cough would disappear in a few days, and then he started to have flu-like symptoms. An X-ray revealed a spot on his lungs followed by the mesothelioma diagnosis from his doctor. Patients and doctors often mistake mesothelioma symptoms for a much less serious condition.

Asbestos exposure is a common risk for firefighters when they enter burning buildings that contain asbestos. Firefighters carry appropriate respiratory equipment to protect themselves. Homes and buildings built before 1980 often contain asbestos because it used to be a popular building material in floors, ceilings, roofs and insulation.

You should not ignore a persistent dry cough. While it might not always be mesothelioma, you should see a specialist to rule out the possibility.

Do you or someone you know have mesothelioma symptoms?

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. – Virginia mesothelioma attorneys, approved by attorney Peter DePaolis

Paulette Chapman

Most people associate medical malpractice with doctors, particularly surgeons. While thousands of patients suffer injuries every year at the hands of negligent doctors and surgeons, victims report instances of medical negligence every day at the hands of other healthcare workers. Nurses, physical therapists, dentists, orthodontists, nursing assistants and occupational therapists have committed acts of medical malpractice and injured or killed patients.

Medical malpractice occurs when a medical professional breaches his or her duty of care to a patient, and as a result, the patient suffers injury or death. According to the National Institute of Health (NIH), approximately 225,000 people die each year from medical malpractice. Medical negligence occurs in different forms, including:

• Unnecessary surgery
• Medication errors
• Misdiagnosis
• Post-surgery infection
• Anesthesiology errors

Surprisingly, a Healthgrades study revealed that only 2 percent of injured patients filed a medical malpractice claim. Has a medical error harmed you or someone you know?

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. – Washington DC medical malpractice attorneys, approved by attorney Paulette Chapman

Joshua Davenport

As early as 1995, Maryland was one of the first states to recognize aggressive driving as an epidemic and major cause of fatal car crashes. The state used its Aggressive Driver Campaign to educate the public on how to recognize aggressive driving and how deadly the consequences can be.

Our last blog discussed what to do when an aggressive driver confronts you. According to the AAA, one-half of all drivers subjected to an aggressive driver reported responding with their own aggression. That is truly unfortunate, given how turning away from confrontation is almost a sure way to avoid an accident and injury.

When it comes to aggressive driving:

• Men are more likely than woman to engage in aggressive driving.
• Drivers age 18 – 24 are more likely to drive aggressively – they make up 67 percent of aggressive drivers.
• Drivers with children are more likely to respond aggressively to another aggressive driver than drivers without children are.
• Drivers with cell phones are more likely respond aggressively to another driver than drivers without cell phones are.

How do you respond to an aggressive driver?

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. – Maryland personal injury attorneys, approved by attorney Joshua Davenport

Thomas McWeeny

We have all been on the wrong end of an aggressive and frustrated driver. Perhaps on your commute to work this morning, another driver cut you off or expressed his or her displeasure with a hand gesture. While it is tempting to respond, the best thing to do for your own safety is to ignore it. The National Highway Traffic Safety Administration (NHTSA) found that approximately 6.8 million car crashes occur in the U.S. every year, and aggressive driving plays a significant role in a large amount of those accidents.

The next time an aggressive driver confronts you on the road, do the following:

• Remain calm and stay focused on getting to your destination safely.
• It might be difficult, but be courteous.
• Avoid any visible sign that shows anger.
• Do not allow the other driver to draw you into a confrontation.
• If you feel you are in danger, call the police or drive to a populated area.
• Never drive to your home, and remain in your car until you feel safe.

Following the above advice will help diffuse the situation and avoid a potentially serious car accident. Have you been a victim of aggressive driving or road rage?

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. – Virginia car accident attorneys, approved by attorney Thomas McWeeny

William Lightfoot

Long commutes for drivers and congested urban streets can lead to instances of aggressive driving. The National Highway Traffic Safety Administration (NHTSA) defines “aggressive driving” as the operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property.

Some examples of aggressive driving are speeding, rapid lane changing, racing, tailgating and driving too fast for existing road conditions. Extreme cases of aggressive driving can result in “road rage,” a physical altercation between two drivers. Even more disturbing is the high number of fatal car crashes linked to aggressive driving. According to the American Automobile Association’s (AAA) Foundation for Traffic Safety, 56 percent of fatal crashes result from aggressive driving behaviors. Drivers often demonstrated more than one form of aggressive driving while behind the wheel, according to the AAA.

Given the above information, it is not difficult to figure out that a large number of traffic deaths are preventable. Impatient and inexperienced drivers are often the ones prone to aggressive driving. A vehicle is not a weapon.

Have you suffered a car accident injury due to an aggressive driver?

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. – Washington DC personal injury lawyers, approved by attorney William Lightfoot

Justin Beall

Earlier this month, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a major upgrade in the area of whistleblower enforcement. According to OSHA’s announcement, the Office of the Whistleblower Protection Program now reports directly to the Labor Department’s Office of the Assistant Secretary. Previously, the program reported to the Director of Enforcement Programs.

The upgrade means that the head of OSHA now oversees the Whistleblower Protection Program. The Program currently enforces 21 whistleblower statutes, and the agency hopes the upgrade will strengthen enforcement overall. An OSHA official commented that workers’ ability to speak out and protect their rights without fear of retaliation is a basic protection afforded to all workers in America.

The Whistleblower statutes protect workers from retaliation or adverse action by employers for reporting safety violations in the workplace. Protection extends to violations of airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.

Is workplace safety a priority to your employer?

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. – Maryland personal injury lawyers, approved by attorney Justin Beall

Julie Heiden

The Occupational Safety and Health Administration (OSHA) has rules for employers that limit exposure to harmful chemicals for their employees. These rules protect workers from the effects of harmful gases and chemicals while on the job. However, a recent study found that pregnant nurses are in danger of miscarriages due to common drugs and chemicals found in hospitals.

The National Institute of Occupational Safety and Health conducted a study showing that workers in hospitals suffer routine exposure to anesthetic gases, antiviral drugs, sterilizing agents, x-rays and antineoplastic drugs. Researchers discovered that there is a risk of miscarriages in nurses exposed to these chemicals and drugs in the hospital.

Chemotherapy drug exposure resulted in twice as many spontaneous abortions in pregnant nurses, according to the study. The sterilizing agents used to disinfect equipment lead to a marked increase in miscarriages as well. The study examined over 7,000 female nurses and revealed that x-ray exposure also increased a pregnant nurse’s risk of miscarriage.

A full report on the study’s results is in the American Journal of Obstetrics and Gynecology.

Have you or a loved one suffered workplace injury?

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. – Virginia workers comp lawyers, approved by attorney Julie Heiden

Roger Johnson

Beginning next month, the National Labor Relations Board’s (NLRB) new rules on union elections take effect after the NLRB’s ruling last December. This is good news for unions and union workers, as it should result in faster union elections and more unionized workforces overall.

The new rule does not allow the employer to litigate certain issues before the union election. Under the soon-to-be-old rule, employers could litigate the proposed size of the union, employees’ eligibility to vote in the union and the scope of the union contract. Employers could litigate the issues, thereby holding-up the union organization process. Employers would typically use the time delay to address the pros and cons of unions with their employees.

However, after next month, any litigation will have to wait until after the union election. Moreover, employers will no longer have additional time to campaign against union organization. The NLRB hopes the new rule will reduce unnecessary litigation when it comes to union representation in the workplace. In addition, the NLRB thinks the new rule will save time and resources for employers and unions.

The NLRB’s new rule takes effect on April 30, 2012.

Are you a member of a union?

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. – Washington DC personal injury attorneys, approved by attorney Roger Johnson

Joshua Davenport

Federal officials consider traumatic brain injury (TBI) a serious public health problem in the United States. Brain injuries lead to thousands of deaths and cases of permanent disability every year across the country, according to the Centers for Disease Control and Prevention (CDC). The level of treatment a TBI victim receives after the traumatic event can make a big difference in recovery, particularly after a car accident.

Data from the CDC shows that the leading causes of TBI include:

• Falls at 35.2 percent
• Motor vehicle and traffic accidents at 17.3 percent
• Struck by an object or colliding with a stationary object at 16.5 percent
• Assaults at 10 percent

In a car accident, the CDC found that transporting victims to a Level 1 trauma facility could be the difference between life and death. Their research showed that treatment after a car crash at a Level 1 trauma center lowered the risk of death by 25 percent for severely injured victims, compared to treatment at a hospital without trauma care services.

Has someone you know suffered a traumatic brain injury in a car crash?

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. – Maryland personal injury lawyers, approved by attorney Joshua Davenport