A report by the Maryland Office of Health Care Quality recently determined that Ravenwood Nursing and Rehabilitation Center in Baltimore City harmed its residents when it failed to take action or alert the state when the air conditioning system failed earlier this month. It was one of two nursing homes in Baltimore City that had to be evacuated this summer because they did not have sufficient air conditioning to keep elderly residents cool.

After air conditioning systems in Ravenwood Nursing Home broke down on July 2, the state had to remove 150 residents from that facility, and it had to take similar actions at Liberty Heights Health and Rehabilitation Center, removing 74 residents from that nursing home.

In the case of Ravenwood, the nursing home management failed to tell the state that their air conditioning failed in a timely manner, leaving residents to swelter in 100-degree heat. Liberty Heights did not even have central air installed, according to state officials, instead using a number of individual units. When state officials evacuated the home, temperatures inside were reportedly 94 degrees.

The state reported that temperatures inside the nursing home’s walk-in refrigerator were up to 60 degrees, an unsafe temperature to store food. The door had been propped open with a food cart, presumably in an effort to cool the rest of the kitchen. The report indicated that administrators at Ravenwood knew for more than a year that the air conditioning system had problems.

The state fined the nursing home $52,500 and ordered it to create a correction plan within 10 days. It has three months to reach substantial compliance with state and federal nursing home regulations.

The elderly are generally considered to be at the highest risk of suffering injury and death during extremely high temperatures, making a lack of sufficient air conditioning an act of nursing home neglect and abuse. The soaring temperatures this summer should be no surprise for Baltimore city nursing homes, since Maryland is often subject to intensely hot and humid summers.

Nancy Grimm, director of Maryland’s Office of Health Care Quality told local media that the only reason the state learned about problems at Ravenwood was because a resident called 911. The facility could be cited for environmental deficiencies, and is currently shut down.

It is not the first time that the Baltimore nursing home, located in downtown, has run into trouble over claims of nursing home abuse and neglect. Previous inspections have found that the facility did not have proper preventative policies for nursing home abuse or theft of nursing home residents’ property. It also been cited for hiring people with a history of abusing and mistreating residents. In addition, the nursing home has failed to keep infections from spreading, and failed to control the use of drugs in the home.

BALTIMORE NURSING HOME NEGLECT LAWYERS

The Maryland nursing home lawyers at Saiontz & Kirk, P.A. investigate potential claims for abuse and neglect that result in a serious injury for a resident. Family members entrust the care of their loved ones to a nursing home, and when neglect occurs, it can have a devastating impact on the health and quality of life for residents.

To review a potential Baltimore nursing home lawsuit with our lawyers, request a free consultation and claim evaluation.

According to recent research presented by Dr. Karen Judy, an associate professor of pediatrics at Loyola University Chicago Stritch School of Medicine, the prolific misuse of child safety seats across the United States have made car accidents the leading cause of death and disability among American children.

Any child under 80 pounds or shorter than 57 inches should be in a car seat or child safety seat. But that safety seat needs to be installed the correct way to properly protect the child in case of a car crash.

The following tips should always be followed when placing a child in a children safety seat:

• Infants less than a year old and weighing 20 lbs and under should always be placed in a rear-facing position.
• Children older than 1 years old and weighing more than 20 pounds should be placed in a forward-facing car seat until they are four years old or weigh more than 40 lbs.
• Children between the ages of 4 and 8 should use a booster seat until they are at least 4 feet 9 inches or taller.
• All children younger than 13 should sit in the back seat to avoid crushing injury from air bags. Safety seats should always be installed in the back seat.
• Avoid using second-hand car seats and only use car seats that you know have never been in an accident. Do not use any car seat older than six years old.
• When securing a child in a safety seat, make sure that the harness is level with the shoulders and that the straps are tight and secure.

The National Highway Traffic Safety Administration has provided a system of child safety seat inspection stations across the U.S. It is recommended that anyone installing a child safety seat into a car for the first time take the car and seat to one of these inspection stations, where a trained individual will make certain that the seat is installed correctly.

Arialdi M. Miniño, a statistician at the U.S. Centers for Disease, Control and Prevention’s (CDC) National Center for Health Statistics, compiled a report that broke down the causes of death for teens from 1999 through 2006. The report was released by CDC last month.

Miniño found that an average of 16,375 teenagers from ages 12 through 19 die each year, on average, nearly half of them from accidents. Two-thirds of those accidental deaths, 35% of the total teen deaths, occurred due to a car crash. The next highest ranking cause of death was homicide.

Fortunately, teen deaths account for only about 1% of fatalities nationwide each year. The numbers indicate that older teen males are three times more likely to die than older teen females, and older teens overall are at a higher risk of death than younger ones.

“Starting at age 12 and ending at 19 years, the death rate among teenage males increases 32 percent on average for every additional year of age,” Miniño found. “For females, on the other hand, the death rate increases on average 19.5 percent for every additional year of age.”

In my experience as a Maryland car accident lawyer, the problem may be compounded by the fact that serious car crashes involving teens often involve a number of people in the same vehicle. The reckless actions of a teen driver can not only pose a risk to their own health, but also may cause personal injury or death for other occupants of the vehicle or for those in other cars on the road.

The U.S. Centers for Disease Control and Prevention’s National Institute for Occupational Safety and Health (NIOSH) released numbers in late April for on-the-job injury and death statistics among young workers in the U.S. from 1998 to 2007. According to NIOSH’s analysis, workers under the age of 25 were twice as likely to receive non-fatal injuries while at work, when compared to older workers.

Young workers suffered 7.9 million nonfatal injuries at work over the 10-year period studied, translating to 5 trips to the emergency room for every 100 full-time equivalent workers. Over the same period of time, 5,719 younger workers died from occupational injuries, or about 3.6 deaths per 100,000 full-time equivalent workers.

By comparison, workers over the age of 25 suffered about half as many non-fatal injuries, but 4.4 deaths per 100,000 full-time equivalent workers. The numbers are an improvement over previous 10 year periods, with non-fatal injuries for young workers declining 19%, and fatal injuries dropping 14%.

Transportation-related accidents, primarily automobile accidents, were the most frequent cause of death among young workers. These included incidents where workers were struck by as a pedestrian, injuries from car crashes, and losing vehicle control.

Almost half (49%) of all non-fatal injuries suffered by young workers were due to contact with objects or equipment. This means they were struck by, rubbed against, caught in, or were crushed by industrial equipment, machinery, parts or materials.

Younger Hispanic workers were the most at risk of fatalities, and mining, agriculture and construction were the most dangerous fields for young workers of all races.

MARYLAND JOB INJURY LAWYERS

The Maryland work injury lawyers at Saiontz & Kirk, P.A. represent injured workers in claims for Maryland Workers Compensation Benefits. As a result of an on-the-job injury in Maryland, workers may be entitled to benefits including life-time medical care, lost wages and compensation for any disability caused by the Maryland job injury.

Following a Maryland on the job injury, consult with our workers compensation attorneys to make sure your rights are protected and that you get all of the compensation and benefits you deserve.

This week, the Maryland General Assembly passed legislation that places a constitutional amendment on the November ballot that would raise the minimum amount in a civil lawsuit from $10,000 to $15,000 in order to qualify for a Maryland jury trial. If passed, this would prevent insurance companies from requesting a jury trial in many Maryland auto accident lawsuits, which they often do to delay resolution of the claim and increase litigation costs for plaintiffs by dragging out the process.

Increasing the minimum amount necessary for a jury trial to $15,000 will allow many personal injury cases involving smaller claims to be resolved before a judge in the District Court, where cases are set for trial much quicker and involve less pre-trial discovery. Being able to have a trial before a Maryland District Court judge also allows a case to be heard within a few hours, instead of dragging the same case out for several days before a jury.

Allowing Maryland auto accident victims with smaller cases to keep their lawsuits in the District Court will also allow them to force insurance companies to pay fair compensation, instead of feeling like they have no choice but to accept a bad settlement offer because they do not want to end up in a long legal battle before a jury.

The amendment will require a 2/3 majority of voters before it can be approved, and the Maryland personal injury lawyers at Saiontz & Kirk, P.A. encourage individuals to support this measure.

About 550 people died on Maryland roads in 2009, according to state officials. That is down from 591 in 2008, and in 2007 there were 614 Maryland automobile accident deaths. The numbers have been trending downward, even as the number of Maryland drivers has increased.

Throughout the United States there has been a drop in fatal auto accidents. The National Highway Traffic Safety Administration (NHTSA) is reporting that 33,963 traffic fatalities were reported across the U.S. in 2009, down 3,298 from 2008; a 9 percent drop.

Some experts attribute the decline in traffic accident deaths, the lowest in 55 years, to the economic recession. As Americans have less money to spend, they drive fewer miles, putting themselves collectively at less risk of getting into a traffic accident. Before 2008, when most believe the economy bottomed out, the number of traffic deaths regularly surpassed 40,000.

However, there may be a number of other factors involved, from laws to technology.

Once this new law is enacted, Maryland will join several other states that have put restrictions on the use of cell phones and other mobile communication devices while driving.

The law passed the House of Delegates 125-14 on Friday, and Governor O’Malley has already said he would sign the bill, according to a story in the Baltimore Sun.

The law makes it a secondary offense to use a hand-held cell phone while in control of a motor vehicle for any reason, including taking pictures or video, as well as making or receiving calls. A secondary offense means that police can pull a driver over only if they see them committing another offense, such as speeding.

Drivers would be fined $40 for a first offense, and $100 for any later offenses. Drivers are still able to use headsets, Bluetooth technology and other hands-free devices. It is also not illegal to use the devices when the car is not in motion, such as at a traffic light.

The new law follows an October 1 law passed in Maryland that made the state the 10th in the nation to outlaw sending a text message while operating a motor vehicle. Maryland is the seventh state to make it illegal to use hand units altogether. However, other states, including California, Connecticut, New Jersey, New York, Oregon and Washington, have made it a primary offense; meaning that drivers in those state can be pulled over and fined solely for talking on their cell phone.

Last year a study by the Virginia Tech Transportation Institute found that drivers of light vehicles and cars were at 2.8 times greater risk of crashing while dialing a cell phone than a non-distracted driver, and 1.3 times more likely to have an auto accident while talking on the cell phone. Truck drivers were at much greater risk of an accident, with six times the likelihood of crashing while dialing a cell phone, and 6.7 times more likely to crash while using or reaching for an electronic device of any kind.

The case stems from the death of a five-year old, who drowned in July 2006 at the Crofton Country Club pool. After hearing all of the evidence presented at trial, including information about the negligence of the pool operators and the impact the death has had on the parents, the jury awarded the family $4 million in compensation. However, under the Maryland damage cap, that jury award was cut to about $1 million.

The Maryland pain and suffering damage cap currently limits a plaintiffs damages to $725,000. However, the cap increases by $15,000 on October 1st of each year, so it was $665,000 at the time of this child’s death in 2006.

For Maryland wrongful death lawsuits where there are two or more claimants (in this case both parents presented claims), the court can award damages equal to 150% of the cap. Therefore, the family’s non-economic damages, including damages other than medical expenses, funeral expenses or other quantifiable financial loss, was capped at $997,500.00.

Caps on damages are imposed for all Maryland personal injury lawsuits, creating an unfair situation that does not provide adequate compensation to those who have suffered the most. Capping damages also results in a situation where corporations are able to act without regard to consumer safety, knowing that their damages will be limited regardless of the catastrophic impact of their negligence.

Plaintiffs argued at a hearing last week that the damage cap is also unconstitutional by interfering with the decision of the jury.

Although it is unlikely the Court of Appeals will strike down the 24 year old law, and reverse prior rulings that have upheld the cap, several courts from other states have recently overturned or limited the use of such jury award caps. This year, the state supreme courts in both Illinois and Georgia have overturned medical malpractice caps in those states, agreeing that they violate individuals’ constitutional right to a trial by jury.

Our Maryland personal injury lawyers have seen first hand the unjust impact that the damage cap can have by limiting the recovery for individuals who have suffered devastating loss and who are often left with a life-time of severe pain and suffering. It is impossible for the legislature to determine the amount of compensation an individual is entitled to as a result of the negligence of another. That decision is best left to the individual jury and judge who sat through the trial and heard all of the evidence presented.

In the March/April issue of the American Journal of Occupational Therapy, researchers from the University of Florida looked at crash data from 5,345 older drivers collected by the 2005 Florida Traffic Crash Records Database. Failure to maintain a lane of travel, yielding and estimating when to cross over lanes of traffic were the most likely causes of auto accident injuries among elderly drivers. Researchers also found that female drivers were more likely to be injured in auto accidents than older male drivers (44% compared to 29%), but the likelihood of either gender being involved in an accident was about the same.

While car accidents caused by errors in judgment, such as staying in their lane, crossing lanes and estimating room between cars resulted in injuries 50% of the time, speed management, distractions and vehicle positioning errors also frequently caused elderly drivers to be hurt in crashes.

A press release from the American Occupational Therapy Association, Inc. (AOTA), said that the study’s results point to a need for injury prevention strategies specifically targeted at older drivers. The AOTA statement indicates that occupational therapists could help identify elderly drivers with judgment problems who were more likely to be injured in car accidents, and said that age-related conditions and judgment errors should be more of a focus on accident prevention than simply the age of the drivers.

The legislation, House Bill 825, increases the minimum required insurance for cars in Maryland from $20,000 to $30,000 for any single person and from $40,000 to $60,000 for the combined total for any one accident.

Motorists can (and should) purchase higher insurance for Maryland cars to protect themselves and ensure that they have more coverage in the event they are involved in an accident with a vehicle that only has minimal limits. However, many vehicles only carry the minimum required coverage, leaving many Maryland personal injury victims without adequate insurance coverage for their injuries.

Automobile insurance coverage not only protects motorists in the event that they cause an accident that results in a personal injury or wrongful death to another person, but it also provides coverage for their own injuries in the event that they are involved in an accident caused by an uninsured motorist of underinsured motorist.

While it is the opinion of our Maryland accident lawyers that the minimum insurance coverage in Maryland should be even higher, raising the floor from $20,000/$40,000 to $30,000/$60,000 would be a step in the right direction. The minimum insurance for Maryland automobiles has not been increased since 1972, while the cost of medical care associated with auto accident injuries has dramatically increased over the past three decades.

The House is scheduled for a final vote on this legislation tomorrow morning, so take this opportunity to email or call your elected official to show your support for this legislation.