Maryland Wrong Site Surgery Malpractice Lawsuit

A recent report in the Baltimore Sun highlights a recent medical malpractice lawsuit filed by a Maryland woman whose doctor allegedly removed the wrong ovary and fallopian tube during a cyst removal operation. Known as a wrong site surgery lawsuit, such types of medical malpractice are rare, but completely preventable.

According to the report, the complaint was filed last month in Baltimore City Circuit Court after a doctor who was supposed to remove a cyst on the ovary on the left instead operated on the ovary and fallopian tube on the right. The complaint alleged that the doctor was not supposed to remove any of the woman’s organs, failed to get proper consent and has left her with reduced fertility and the need for additional surgery.

Making matters even worse, the plaintiff alleged that the doctor did not tell her she had removed the wrong ovary, even after she returned days later complaining of pain on her right side. The lawsuit claims that the plaintiff did not discover the mistake until she went to a local emergency room, which discovered that the left ovary, with the cyst, was still in place and the right ovary and fallopian tube were gone.

Wrong site surgery is generally considered a “never event,” or a mistake that is inexcusable and should never occur.

The American Academy of Orthopaedic Surgeons has indicated that wrong site surgery is caused by “poor preoperative planning, lack of institutional controls, failure of the surgeon to exercise due care, or a simple mistake in communication between the patient and the surgeon.” The academy noted that 84% of wrong site surgery lawsuits against orthopaedic surgeons resulted in payments to plaintiffs, as opposed to 30% of other orthopedic surgery claims.

A number of studies have found that wrong site surgery mistakes can be almost entirely prevented when medical staff use extensive checklists, mark operating sites while the patient is still conscious, and confirm those sites with the patient, checklists and other members of the surgery team.

The Maryland malpractice lawyers at Saiontz & Kirk, P.A. handle potential cases for wrong site surgery and other surgical errors.

Maryland Lead Poisoning Rates Continue to Drop

State officials are edging closer to their goal of eliminating childhood lead poisoning in Maryland, but as they continue to win the battle against apartments, they are finding cases in other types of residences on the rise.

There were 531 Maryland children with harmful levels of lead in their blood in 2010, according to figures released by the Maryland Department of the Environment, 22 less children than the year before. The number represents less than .05 percent of the state’s youth.

Most of the cases of lead poisoning were in Baltimore, which also saw its numbers drop by 33 children for a total of 314 in 2010.

However, state officials say that while they are making progress in preventing lead poisoning in old rental units, they are seeing an increase in lead poisoning cases in newer, unregistered rental homes and owner-occupied homes. Neither of those type of dwellings fall under current state or federal lead poisoning prevention laws.

Investigators say 60% of the new cases of childhood lead poisoning in Maryland last year were in homes not covered by state and federal lead poisoning prevention rules. Lead poisoning cases in owner occupied homes rose to 149 in 2010, an increase of 20 cases. The number of cases in unregulated rental units nearly tripled, with 66 new cases last year. There were only 37 total cases in 2009.

Lead-based paint was banned in 1978, but many children living in older urban residences are exposed to old lead paint in poorly maintained apartments. Children can reach dangerously high blood lead levels through exposure to lead paint dust or by eating paint chips. Lead poisoning can cause developmental delays, behavioral difficulties and other health problems.

The Maryland legislature has commissioned a study group to make recommendations on how to prevent lead poisoning in homes not covered by state and federal laws.

MARYLAND LEAD POISONING LAWYERS

The Maryland accident lawyers at Saiontz & Kirk, P.A. review potential claims for individuals who have experienced damages from lead poisoning throughout the state.

Maryland Accident Insurance Policy Limits Information

According to a new Maryland law that took effect October 1, insurance companies can now be required to disclose the policy limits of coverage provided as a result of a Maryland automobile accident prior to a lawsuit being filed. However, there are specific steps that a Maryland lawyer must take to obtain this policy limits information.

Maryland Courts and Judicial Proceedings Code Ann. §10-1101 to §10-1105 (2011) outline the new requirements for a Maryland accident lawyer or individual injured in an accident to obtain information about the maximum amount an insurance company may be required to pay to satisfy all or part of a claim.

After written documentation is provided about the circumstances surrounding a Maryland accident and the injuries sustained, an insurance company must fully disclose the extent of the insurance policy limits within 30 days so long as the claim involves a death or injuries that resulted in at least $12,500 in bills or lost wages.

According to the requirements of the statute, the lawyer or claimant must provide written documentation including the date of the accident, the name and last known address of the driver or tortfeasore, a copy of any accident report, the insurance company’s claim number, lost wage documentation, medical bills and copies of medical records for injuries caused by the accident. If the accident resulted in death, a copy of the death certificate, letters of administration for the estate and the name and relationship of each beneficiary of the deceased must also be provided.

Previously, a lawyer or claimant was only able to Maryland accident insurance policy limits information once a lawsuit was filed. However, obtaining this information prior to a complaint being filed may provide valuable information to assist individuals injured from an automobile accident in Maryland when deciding how to proceed with their claim and whether to accept a settlement offer.

Maryland Bus Accidents and Truck Accidents May Be Reduced by Phone Ban for Commercial Drivers

The National Transportation Safety Board (NTSB) is calling for a nationwide ban on the use of cell phones and other handheld devices by commercial drivers. Such regulations could help reduce the number of serious injuries sustained from truck accidents or bus accidents in Maryland and throughout the United States.

According to a statement issued on September 13, the NTSB is urging the federal government to enact new regulations that would make it illegal for commercial motor vehicle (CMV) drivers to use handheld electronic devices while driving.

These efforts come on the heels of a NTSB investigation into a Kentucky truck accident that killed 11 people in March 2010. According to the board, a truck driver was making a cell phone call when he crossed over a median and struck a passenger van containing 12 people. The truck’s driver and 10 of the van’s passengers were killed in the accident.

Investigators determined that the truck driver had made 69 calls and texts while driving in the 24 hours leading up to the accident. His last call coincided with the time the truck crashed through southbound I-65′s cable barrier system and across a 60-foot wide median. It was his fourth call within minutes.

There is mounting evidence that links an increased risk of traffic accidents to driving distractions. Commercial drivers pose a particular risk due to the amount of damage that can be caused by large buses, trucks or other vehicles. In addition, these commercial vehicles often require additional reaction time to safely maneuver the vehicles.

According to a Virginia Tech Transportation Institute study released in the fall of 2009, heavy vehicle and truck drivers were 23.2 times more likely than a non-distracted driver to have a truck accident if they were texting, 6.7 times as likely to crash while reaching for, or using, an electronic device, and 5.9 times as likely to have an accident while dialing on a cell phone.

Drivers of light vehicles and cars were at much less risk of having an accident, but still faced a 2.8 times greater risk of crashing while dialing a cell phone than a non-distracted driver and were 1.4 times more likely to crash while reaching for an object and 1.3 times as likely to have an auto accident while talking on the cell phone.

The NTSB does not have the power to promulgate new traffic rules, but it can and does make recommendations to the Federal Motor Carrier Safety Administration. If such a ban were enacted, it would affect an estimated 3.7 million commercial drivers, who would not be allowed to use electronic devices while driving except in emergency situations.

The Maryland bus and truck accident lawyers at Saiontz & Kirk, P.A. urge consumers to support the complete ban on the use of mobile phones or other handheld electronic devices by commercial drivers.

Maryland Pedestrian Accidents:
Dangers of Texting and Mobile Phone Use

A new study suggests that using your iPhone, Droid or other mobile phone to listen to music or send out text messages while crossing the street may increase the risk of getting hit by a car and suffering a serious injury from a Maryland pedestrian accident.

In a study published online in the August edition of the journal Accident Analysis and Prevention, researchers found that pedestrians using mobile devices tend to distract them from their surroundings, making them 2 to 5 times more likely to get hit while crossing the street.

Most surprising to researchers was the fact that listening to music was the most distracting activity while crossing the street, with those listening to portable music devices having a 33 percent risk of getting hit by a car when crossing a two-lane road. Talking on the cell phone while crossing the street resulted in a 12% chance of being hit, and there was a 25% chance of being run over for pedestrians who texted while crossing the street. There was only a 6% chance of being struck by a car for those who were not using any electronic devices.

The study was conducted by the Youth Safety Laboratory at the University of Alabama at Birmingham in a virtual environment lab using 125 college students. Researchers said the outcomes showed a stark difference from what caused drivers to be most distracted. Listening to music isn’t considered a major distraction when behind the wheel, but apparently pedestrians rely far more heavily on their ears when crossing the street, they said.

« Previous Page — Next Page »