Donahoe Kearney, LLP Blog

5 Common Mistakes That Will Kill Your Workers Compensation Case

Tue, 15 May 2012 08:00:00 GMT

In nearly 20 years of representing people, I've discovered there are 5 common mistakes people make after they get hurt at work, and I see these mistakes made over and over again. Of course there are many more than 5 and really, these are insurance company tricks, tactics and traps to deny, delay and pay less to people who are legitimately hurt on the job (and if you were not legitimately hurt at work or are trying to scam the insurance company or "milk it" or take advantage of the situation - you don't need to read any further. Don't order any of our free educational information. Don't call us. Don't email. If you are a faker, none of our information will help you anyway.)
The main mistake injured workers make is believing the supervisor, employer, owner or insurance company will take care of them after a serious on-the-job injury. You see an insurance company's duty is to its shareholders and that duty is to make money for the shareholders and increase the insurance company profits (as it should be - there is nothing inherently wrong with that). So they won't take care of you and your family - its against their basic interest.
The insurance company's responsibility is to its shareholders. Your responsibility is to you and your family.
And you should never defer or give up this responsibility. So download this Free Report 5 Common Mistakes That Will Absolutely Kill Your Workers Compensation Case to get you started today.
By the way, this Free Report is only available to injured workers and their families. It is not available to insurance companies, their employees, attorneys, employers or contractors. You'll have to certify you're not in this group (nothing against them) to get it.

Choosing the right lawyer for your injury or medical malpractice case

Thu, 10 May 2012 08:00:00 GMT

Yesterday, I spoke with a lady who had a serious injury and a good case. She had a lawyer from a law firm that advertises on T.V. Nothing against T.V. lawyers (it's a free country, you can run any commercial you want as far as I'm concerned) but the lawyer wasn't the right fit for her case.
You see, to represent someone for a serious injury or death in D.C., Maryland or Virginia, you have to have a relationship with your lawyer, you can't be just a number, or someone who gets filtered through a call center after a commercial, and expect to be treated as a unique individual with problems that are wieghing on you - your medical condition, your finances, your future medical treatment, your life - and need to be solved by the best lawyer for YOU.
That's why it is so important to educate yourself - get all of the information before you make such an important decision. I've said this many times - we're not the right law firm for everyone. We're not one size fits all. We don't have a call center.
Whether we're the right lawyers for your serious injury, your child's medical malpractice case, your husband's work injury - well that depends on a lot of factors you have to consider besides our experience, knowledge, success, track record of settlements and jury verdicts, board certifications, honors as SuperLawyers DC, etc.
The main question for you is: Can we solve your problem? Can we help you get the resources you need to recover from your injury? Can we help you financially to make sure there are resources take care of your child with cerebral palsy? Can we help your husband get the medical treatment he needs after a serious work injury?

Trying to reduce fatal accidents for teen drivers in D.C., Maryland and Virginia

Wed, 09 May 2012 08:00:00 GMT

We all know or remember teenagers who were killed in car accidents - and we all have the same gut wrenching, sinking feeling every time we hear of a fatal accident involving a teenager. The sense of loss - of the future, of promise, of life - is overwhelming.
Not all of our laws really do what they intended, but relatively recent laws are keeping drivers safer in D.C., Virginia and Maryland.
The law restricts the number of people new drivers can have in the car at any one time. Many of us can remember dangerous situations brought on by too many friends in the car when we were young, but statistics are telling us what we knew all along - the risk of accidents increases with more passengers in the car.
A recent study by AAA's Foundation for Traffic Safety shows the risk of a fatal teen accident increases by almost half when a 16 or 17 year old driver has 1 teenage passenger, it doubles with 2 teenage passengers and it quadruples with 3 or more.
Of course its not just up to police to enforce this law - its up to parents.

Tennesseeans' medical records privacy at risk

Wed, 04 Apr 2012 08:00:00 GMT

If you are a Tennessee resident watch out – you might lose your right to privacy. On March 27^th, House bill 2979 was put under consideration by the state House Judiciary Committee. If passed, the bill would allow open access to the medical records of a victim of medical malpractice who files a claim in court.
The bill would override federal HIPPA laws and allow an attorney representing a health-care provider to gain access to the lifetime medical history of the victim, including any and all mental-health and past drug or alcohol-abuse treatments, even if the information is not relevant to the medical malpractice case. Moreover, the bill would allow the defending health-care provider’s attorney to interview the victim’s doctor or health-care provide without the presence of the claimant or the claimant’s attorney.
As a law firm that works to defend victims of medical malpractice, this bill is appalling. It violates not only federal law but the victim’s Constitutional right to privacy.
Federal HIPPAA laws were created to protect the privacy of patients. According to Attorney Matt Hardin, a partner with the firm Rudy, Wood, Winstead, Williams and Hardin, “34 other states currently have strong restrictions in place that don’t allow this type of communication.” This bill benefits the defending health-care provider over the victim, essentially punishing the victim for seeking justice.
Luckily,Maryland,Virginia, and DC residents can rest assured that their privacy is still protected under federal HIPPAA laws. They can seek the justice they deserve without fear of having their medical history unnecessarily open for abuse.

The Disturbing Trends of Distracted Doctoring

Fri, 17 Feb 2012 08:00:00 GMT

Although technological advances seem to be transforming the medical field bringing benefits, such as instant access to medical records on an iPad, such devices prove to be distracting healthcare providers.

Devices from computers to Smartphones and tablets have access to the internet and come with applications for social media sites such as Facebook and Twitter. All these distractions are on top of text messaging and phone calls.

According to a recent study of medical technicians who monitor bypass machines, approximately 55% admitted to taking a cell phone out during a heart surgery. In fact, we sued a local hospital for an anesthesia error several years ago and found out that the anesthesiologist was checking his email during surgery!

Medical errors are a major problem in theUnited States, studies estimate that 100,000 people are killed each year, and hundreds more injured, due to medical malpractice.

If you or a loved one has been harmed by a medical mistake, call us for free information on your rights.

D.C. Medical Malpractice Lawyers: Guilty Hospitals Recommend Attorneys to Patients in Medical Malpractice Cases

Fri, 03 Feb 2012 08:00:00 GMT

Say you go into a hospital and the unthinkable happens - you or a family member is a victim of medical malpractice.

Perhaps your child has cerebral palsy or brain damage because the hospital residents and interns didn't recognize the signs of fetal distress and act to deliver the baby quickly. Or your husband died of a preventable pulmonary embolism (a blood clot) after a minor surgical procedure, or a radiologist misinterpreted a mammogram or didn't communicate a potentially life threatening disease process to your primary care doctor.

The hospital has broken basic patient safety rules and your life will never be the same.

Where do you turn to hold the hospital corporation accountable for some of the harms and losses your family or child or spouse will endure?

Well, according to some hospital corporations - they have a lawyer for you! (Almost as catchy as " you have a phone, you have a lawyer...")

That's right, according to a recent Baltimore Sun article, Maryland hospital corporations - owning and operating about 20 hospitals - will refer you your very own lawyer if they commit medical malpractice on you.

Seriously? You would trust a hospital corporation to recommend a medical malpractice lawyer so you could sue them for medical malpractice?

If you're in this situation, this is your one chance. Find a law firm you trust. One that can help solve your problems.

If you think we could be the right fit for your medical malpractice case, call us. If we're not the right law firm for you, we'll tell you that. And we'll try to find someone who can help you.

Two Important Tips for your Workers Compensation Case

Wed, 18 Jan 2012 08:00:00 GMT

Two Quick Tips for Dealing with your Workers Compensation Case

1. Do NOT miss a medical appointment.

Be sure to keep all medical appointments, if you have to miss one reschedule it as soon as possible. Ongoing medical treatment is important for your recovery, but also for keeping your workers comp case on track. The doctor should send a medical report to the insurance company to verify your ongoing disability, authorize and pay for medical treatment, and issue a check for benefits.

Missing medical appointments will cause them to question everything about your case. Are you really injured? Are you working on the side? Did the accident happen like you said it did? Don't give them an opportunity to assume that every hard working American is faking or complaining.

2. Get a disability slip (or out-of-work slip or doctor's note) every time you go to the doctor.

Do NOT rely on the receptionist or nurse to fax this to us and the insurance company. Often they will get busy and forget to do it! Most insurance companies will stop paying benefits if they do not receive an up to date disability slip.

How to Avoid Diabetes without the Aid of Medication

Tue, 15 Nov 2011 08:00:00 GMT

How to Avoid Diabetes without the Aid of Medication

Diabetes packs a devastating one-two punch. The disease itself causes serious problems and complications on its own, but a person with diabetes is often more likely to develop other more severe medical problems over time, such as cardiovascular disease and even cancer.

Fortunately, there are ways to avoid or prevent diabetes, especially in those without a family history of the condition. In some cases, drugs that are meant to treat diabetic patients are being prescribed and used as preventative measures against getting the disease. Though this method may work, the long-term benefits and consequences of this approach aren't yet known.

The good news, according to researchers at the National Heart, Lung and Blood Institute (NHLBI), is that there are other ways to prevent diabetes - without ever having to take medication. Early analysis of medical research has shown that adding these five simple steps to your daily life can dramatically reduce your risk of getting diabetes:

- Exercise more often
- Drink less alcohol

- Stop smoking

- Avoid obesity

- Eat a diet high in fiber and low in fat

These may be common sense tips, but research shows that the cumulative effects of all five steps reduce the risk of diabetes significantly. In fact, the NHLBI study showed that men who adhered to all five steps at the same time had an approximately 72 percent lower risk of getting diabetes. In women who followed all the steps, there was an 84 percent drop in diabetes risk (when compared to those who followed none of the steps).

The website Diabetes.org also has all kinds of information you can use in reducing the risk of the disease or if you are a diabetic or pre-diabetic - like 10 minute exercises and healthy, quick recipes

Truck Driver Error: The Main Cause of Most Trucking Accidents

Tue, 15 Nov 2011 08:00:00 GMT

Truck Driver Error: The Main Cause of Most Trucking Accidents

If you're travelling this holiday season or if someone in your family is going on a road trip, be careful on our crowded highways and beltway. And watch out for those trucks.
According to a recent study by the Federal Motor Carrier Safety Administration (FMCSA), truck driver mistakes and errors are the leading cause of accidents involving big trucks, although weather, road conditions, and mechanical or maintenance issues can certainly cause devastating crashes as well.
One of the most common ways that truck drivers contribute to accidents occurs when they become very fatigued. "Highway hypnosis" can come out of nowhere on long drives - as the repetitive patterns of the road begin to lull an already tired driver to sleep.
If that wasn't bad enough, the majority of truck accidents are caused by inexcusable driver conduct - drug use. Both illegal and prescription drug use, along with alcohol, can obviously impair a truck driver's ability to drive safely. In theory, truck drivers can't take any controlled substances unless they have been prescribed by a doctor who is familiar with the driver's medical history and job assignments.

Poor driving decisions by truck drivers can also lead to accidents, including:
Driving too fast for road conditions
Improperly distributing the truck's load
Failing to watch blind spots carefully
Distractions
Depowering the front brakes to reduce wear-and-tear on the truck
Improperly securing any attachments to the truck

Each of these errors can lead to a truck rolling over, which greatly increases the likelihood of severe injuries or fatalities. Even the slightest reduction in the reaction time of a truck driver can lead to devastating, catastrophic crashes.
So when you're on the road this holiday season, give those trucks plenty of room.

Special Needs Children: A Guide to Resources

Mon, 14 Nov 2011 08:00:00 GMT

Since we represent children and families in medical malpractice cases, we work with parents and families of special needs children - investigating the medical malpractice, the cause of the injury and the help the child needs. And over the years, we've learned a lot from our clients.

So we are publishing a resource guide for parents of special needs children - tips and places to go for information on respite care, camps, financial resources, etc. to get parents started.

We know that caring for a disabled child is a full time 24/7. We're making it easier to get the basic information. And the best part? We'll update the resource guide as we hear from parents about what works and what doesn't. And we're always looking for ideas and information, so send it to us!

Getting Everything Your Special Needs Child Deserves: A Parent's Guide to Resources will be published and available this fall.

It's free. To order an advance copy, just call (202) 393 - 3320 or email info@dkllp.com.

Multinational Corporations Want Justice All For Themselves

Thu, 27 Oct 2011 08:00:00 GMT

The American Association for Justice recently published an article exposing the U.S. Chamber of Commerce of protecting the multinational corporations that fund them from getting sued, while at the same time helping these same corporations sue others. Through two arms of the Chamber, the Institute for Legal Reform (ILR) and the National Chamber Litigation Center (NCLC), the Chamber upholds these companies' Constitutional rights to justice when wronged, but refuse these same rights to everyday Americans. Although the actions of the Chamber are extremely hypocritical, this raises a bigger issue of justice.

The ILR has the sole mission of restricting the ability of individuals harmed by careless corporations to access the civil justice system. Multinational corporations that finance the ILR assigned them this mission, claiming that businesses are hindered by too many lawsuits. Similarly Chamber president and CEO Tom Donohue boasted that "litigation is one of our most powerful tools for making sure that federal agencies follow the law and are held accountable." The question remains of who will hold these corporations accountable.

With the backing of the ILR and the NCLC, multinational corporations prevent true justice from being attained for thousands of individuals.

Kenneth Masterson, former executive vice president, general counsel and secretary of FedEx revealed that "our courts are clogged with frivolous lawsuits... [leaving] the judicial system badly overloaded, often forcing those who have suffered legitimate injury to wait years to get their day in court." He was describing a tactic used by FedEx to limit their employees from suing them. FedEx wants to limit the ability of individuals to join together to file class action lawsuits because it has been the targeted so many times. In the past FedEx has been targeted for its unfair treatment of minorities, preventing them from being promoted and treating them unfairly in evaluations. Instead of dealing with cases such as these, FedEx clogs up the courts with cases suing individuals such as Jose Avila. When Avila, a loyal FedEx customer, moved into his new apartment he could not afford furniture so he made them out of used FedEx boxes. FedEx sued him for copyright infringement.

Not only is this "one rule for us, another for them" mantra hypocritical and constitutionally wrong, it prevents multinational corporations from being held accountable for faulty products.

Honeywell International, a board member since 2007, qualifies perfectly for a Chamber-endorsed piece of legislation that prevents companies who make dangerous products from being sued. If this piece of legislation passes then Honeywell will be completely off the hook for producing one of the most defective products of all time: the Zylon bulletproof vest. Manufacturers of this vest have known since 1998 that the material used for the vest was faulty, and had a possibility of bullets getting through. With this knowledge manufacturers continued to produce these vests until September 2003. During this time countless numbers of vests were sold to law enforcement agencies and were worn by the police, as well as George W. Bush and Mrs. Bush. Similarly the Chamber protects companies such as GM, also a board member since 2007, from being held accountable for producing dangerous cars. GM's Chevy Malibu was extremely dangerous; its "side saddle" fuel tank was prone to explode upon collision. GM calculated that if 500 people died in a fuel-tank related accident the payout would be about $2.40 per car while the cost to fix the problem would be $8.40 per car. Instead of being socially responsible, GM chose the cheaper option.

Weighing the scales of justice to their favor, multinational corporations not only obstruct justice for individuals but continue to produce faulty products without fear, knowing that they will not be held accountable for their actions. As long as the Chamber continues to cater to corporations, such companies will continue to simply seek products without a care in the world for individuals that are their consumers.

Can you trust the workers comp nurse case manager?

Wed, 19 Oct 2011 08:00:00 GMT

Workers comp insurance companies always want to assign nurses or nurse case managers to talk with you, meet with your doctor, attend your medical appointments.

Can you trust them?

In a word, no.

Nurse case managers work for the insurance company and that's where their loyalty is. Their job is to save money for the insurance company by limiting your medical treatment and the amount of workers comp benefits you should be getting.

Here's a true example of how they work. A few months back, one of these nurses met with our D.C. workers compensation client's doctor after the doc examined the injured worker. She tried to convince the treating doctor (a specialist) to send the injured worker back to work before he was ready.

The doctor, who had his patient's best interest at heart, refused. His patient needed more time and treatment to recover from a serious back injury.

The nurse gave him a form, which he filled out and signed, indicating the injured worker could not return to work.

Did the nurse send it to us? No. Since it wasn't helpful to the insurance company, she "forgot" - and since it wasn't part of the patient's medical chart, we had no idea it existed until many months later.

How do I find the right lawyer for my case?

Mon, 12 Sep 2011 08:00:00 GMT

Finding the right lawyer for your case can take time. But especially if you are seriously injured, the right lawyer for your case is critiical. And if you have been hospitalized, need medical treatment and can't work because of your injury, do you want to be one of hundreds or thousands of clients? Probably not.

We are selective in who we choose to represent and who we work with, and anyone with a serious injury case should be too.

How do you find the right lawyer? Ask to speak to former clients, read their testimonials, ask whether the lawyer is Board Certified and how many cases he or she takes to trial or settles.

Ask whether the lawyer has ever sued the hospital, HMO or corporation you think may be responsible for your injuries.

And expect the lawyer to ask a lot from you too (we certainly do). Remember, we're looking for the right clients as well - people we can use our experience and expertise to help.

Maryland attorney who defrauded insurance company sentenced

Tue, 30 Aug 2011 08:00:00 GMT

Ryan Lahuty, the disbarred Maryland lawyer who made up a personal injury case and submitted false and fraudulent medical bills and records to an insurance company, was sentenced to 7 months in jail, restitution of approximately $17,000, a $25,000 fine and 3 years probation.

People like this make it much harder for honest people with legitimate injuries and damages and the lawyers who represent injured people in Maryland, D.C. and Virginia.

Its good to see frauds prosecuted and going to jail - they get what they deserve.

This guy is also facing charges for submitting false claims for clients as well. His runner and the chiropractor involved have already been sentenced in that case.

Maryland Personal Injury Attorney's investigator sentenced

Mon, 25 Jul 2011 08:00:00 GMT

Honest Maryland personal injury lawyers - like those in D.C. or Virginia handling injury cases for people against insurance companies will have a tougher job now.

Thanks to one Ryan Lahuti, a Maryland personal injury lawyer who pled guilty to insurance fraud. Lahuti, like some unscrupulous lawyers, hired an investigator, or "runner" to obtain accident and police reports and contact people who had been in accidents. Then the runner sent them to this lawyer in Maryland who sent them to a chiropractor who falsified treatment records and encouraged people to fake or exaggerate their injuries.

Lahuti, the chiropractor and the investigator were caught, of course, like most criminals are. The investigator was just sentenced to 3 years and Lahuti faces up to 20 years when he is sentenced next month.

Lahuti and co. have made it more difficult for honest Maryland personal injury lawyers and honest victims of car accidents to prove their legitimate harms and losses after being hurt in car accidents.

The moral of the story is: don't associate with a lawyer in Maryland, D.C. or Virginia (or anywhere else for that matter) who uses runners. If you are injured in an accident, because of medical malpractice or at work, do your own research - get the information you need to make the right choice for you and your family. This former Maryland attorney's clients certainly wish they did.

D.C. Workers Compensation Injury? Don't believe what your employer tells you.

Wed, 15 Jun 2011 08:00:00 GMT

Injured at a District of Columbia jobsite or while working for an employer in D.C.? There is a lot of misinformation about workers compensation rights and responsibiities, some of it put out by D.C. employers.

A new client just brought in something his job gave him after he got hurt at work, called something like "Workers Compensation Rights" that listed what this employer wanted its workers to do when they got hurt on the job - some of this we've talked about before, like how they will tell you your workers comp claim is "filed" if you fill out some paperwork (wrong answer - you have to file your claim with the D.C. Office of Workers Compensation, or in Maryland, the Maryland Workers Compensation Commission and in Virginia, the Virginia Workers Compensation Commission).

This employer also tells injured employees to call them to be referred to one of the qualified physicians on their workers compensation physician panel.

This D.C. employer doesn't tell its workers that they have the right to choose their own physician
when they are hurt at work. Why?

One of the subtle things employers and workers comp insurance companies try to do is control an injured workers medical care. They want to keep costs down, which means less treatment, so they try to get injured workers to go to insurance doctors (who get most of their patients from insurance companies) or worse, "workers clinics" that the insurance companies and construction companies control.

Know your rights - your employer and insurance company are not looking out for you.

Medical Malpractice - Hospitals, HMOs and doctors should disclose malpractice

Wed, 15 Jun 2011 08:00:00 GMT

Medical malpractice - failing to practice medicine according to accepted standards of care - requires extensive and costly investigation before filing a medical malpractice case, at least in the District of Columbia, Maryland and Virginia. Medical experts need to review the patient's chart, diagnostic tests, lab results and all of the available information. Medical malpractice attorneys review the medical literature, depostitions of potential experts and medical research - anything about the event or condition, its causes and effects.

So you can see why its an expensive, time consuming process. But does it have to be? What if hospitals, HMOs or doctors admitted when they had harmed a patient because they didn't follow the accepted standards of care?

At least one physician has advocated for just that - disclosing medical errors to patients, since the doctor-patient relationship is based on honesty and the ability to exchange information (of course many hospitals, HMOs or doctors will blame the patient after committing medical malpractice, but that's another subject).

Its also cheaper in the long run, says Dr. Cindy Haines, because it leads to fewer and less costly medical malpractice cases - certainly much of the time and expense noted above could be reduced, saving money for both patients, HMOs, hospitals and their insurance companies.

When you're hurt at work, what does your employer tell you?

Tue, 07 Jun 2011 08:00:00 GMT

One of my new clients, with a work related shoulder injury in D.C., recently brought me his employer's "How to file a workers' compensation claim" instructions. This employer's workers compensation instructions has a section "How to file a claim" which says:

1. Notify your supervisor immediately that you are injured.

2. Complete our form and submit it to your supervisor.

That's it. OK, you should notify your supervisor and report your injury as soon as possible. But filling out a form for your employer does not constitute filing your workers compensation claim in D.C., Maryland or Virginia.

Depending on where you work and were injured, D.C., Maryland and Virginia have specific forms, procedures and deadlines to file a workers compensation claim with the proper city or state agency.

Just filling out a form - even if your supervisor, safety man, HR person, etc. says they filed your claim - is not protecting your rights.

Don't rely on your employer for this when you have an injury at work - even if they are well meaning or think they are helping you, they don't know.

Medical Malpractice: Another study showing tort reform proposals don't help cost controls

Fri, 03 Jun 2011 08:00:00 GMT

We hear all the time how bad "defensive medicine" is - how it costs so much and is all do due medical malpractice cases. Here's another article and study that refutes the politics. Click on the title above to go straight to the article, at The Washington Post's Business Blog.

A good example, cited in this article, is Texas. That state capped recovery for non-economic damages at $250,000. So according to the argument of insurance companies (the big winners of any tort reform, because they can make more money by charging the same premiums and paying less to children with brain damage caused by medical malpractice) Texas healthcare spending would decrease. But it hasn't - Medicare spending is higher in Texas than the country as a whole.

Medical malpractice cases are those where a doctor, hospital or HMO fails to follow basic patient safety rules and standard medical practice and someone is severely injured or killed as a result. In D.C., Maryland and Virginia medical malpractice cases attempt to hold hospitals, doctors, HMOs or healthcare corporations accountable for the harm they do when they don't comply with the standard of care.

They are time consuming, expensive and complex - most lawyers won't touch them. But for a child with cerebral palsy or a family who lost a father, they can be the only way to make sure the child or family can replace some of what they lost or pay for the medical care and services they now need.

Medication Errors - patients given the wrong medication - increase dramatically

Wed, 04 May 2011 08:00:00 GMT

The Agency for Healthcare Research and Quality reported an increase in the number of people needing hospital treatment because of medication errors - being prescribed the wrong medication by a doctor, having the wrong medication filled by the pharmacy or taking the wrong dosage.

In 2004 1.2 million people were injured due to medication errors; by 2008 it was 1.9 million people.

The Institute of Medicine previously found that medication mistakes were the most common medical error.

So what can be done about it?

Better communication is the key - among prescribing doctors, HMOs and hospitals, physicians who order tests, pharmacies and patients. So many times, we see lack of communication or communication breakdowns among physicians, HMOs and hospitals leading to patients being injured or dying. Many times, lack of communication harms the patient and can be the basis of preventable medical malpractice in D.C., Maryland and Virginia.