Attorney Blog

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

Fri, 03 Feb 2012 08:00:00 EST

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 EST

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 EST

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 EST

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 EST

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 EST

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 EST

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.

Assaults at Work

Mon, 12 Sep 2011 08:00:00 EST

Work place violence is an occupational hazard for many employees. Hosptial workers - nurses, techs, security personnel can be assaulted on the job by patients. Bus and train operators can be beaten and robbed by criminals boarding the bus or train. And of course police officers and security guards are at risk every day they are on the job.

OSHA just issued a directive establishing inspections of several industries prone to workplace violence, instructing employers how to take steps to protect their employees.

Violence at work is also one of the top four causes of work related fatalities.

But not all states recognize an injured workers claim for workers compensation when he or she is beaten, assaulted or injured due to workplace violence. Some states require the violence to be related to the work activity (it can't be random or "wrong place, wrong time" in other words).

D.C. workers compensation usually recognizes work place violence injuries - like other injuries that happen at work.

We have represented people seriously injured by acts of violence at work - an ER nurse attacked by a patient on drugs, a bus driver beaten by a passenger, for example. The recoveries are often long and difficult.

Hopefully, OSHA's directive will help reduce incidents of violence at work.

How do I find the right lawyer for my case?

Mon, 12 Sep 2011 08:00:00 EST

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 EST

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 EST

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.

On the job exposure to infectious diseases

Wed, 06 Jul 2011 08:00:00 EST

Workers who provide direct patient care are at risk of contracting infectious diseases from their workplace. Nurses, technicians and other hospital workers are exposed to infectious agents as part of their occupation.

OSHA is considering standards that would apply to control and limit occupational exposure to infectious diseases in a patient care setting and in other occupations, such as housekeeping, food service, and custodial in a hospital or long term care facility where workers may be exposed to infectious agents - similar to those in place for the construction industry for example, governing fall protection to reduce the risk of falls at work.

This is the first step in OSHA considering whether to formulate standards for exposure to infectious agents in this setting. The Agency will hold meetings in Washington, D.C. later this month on this issue.

For more information, go to http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=22115.

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

Wed, 15 Jun 2011 08:00:00 EST

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 EST

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 EST

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 EST

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.

Frank R. Kearney elected to Board of Governors of the D.C. Trial Lawyers Association

Wed, 04 May 2011 08:00:00 EST

Frank R. Kearney, a D.C. medical malpractice, serious accident and work injury attorney representing families, children and workers in D.C., Maryland and Virginia, was recently elected to the Board of Governors of the D.C. Trial Lawyers Association, an association of attorneys who dedicate their practice to representing people in personal injury, medical malpractice and workers compensation cases.

Mr. Kearney is Board Certified by the National Board of Trial Advocacy. He and his law firm, Donahoe Kearney, LLP only represent people - especially families and children who have been devastated by cerebral palsy due to birth injuries and malpractice, or those injured or killed in serious accidents and work injuries.

Medication Errors - patients given the wrong medication - increase dramatically

Wed, 04 May 2011 08:00:00 EST

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.

Are you an injured worker having problems with a D.C. Workers Comp Nurse Case Managers

Wed, 20 Apr 2011 08:00:00 EST

In a D.C. workers comp case, here's what a nurse case manager (a nurse hired by the insurance company to "assist" the injured worker - usually by preventing, denying and delaying medical treatment for the work injury) had to say to a worker hurt on the job in D.C.

The gentleman is a high wage earner with a serious knee injury that prevents him from doing his regular job. He recently moved out of the area and had to see a doctor near him to treat the knee injury. He chose a specialist who had treated him before for a different medical issue.

The nurse case manager hired by the insurance company went to the new doctor's appointment and didn't like what she was hearing - the injured worker could not return to work, needed additional treatment (injections) and may need a knee replacement (sounds expensive for the workers comp insurance company).

So the nurse wants him to go to another doctor and said she would choose one "closer to her."

That nurse case manager is no longer on the case. Most people don't realize that in D.C., you don't have to put up with these nurses.

Hospitals not reporting medical malpractice mistakes

Wed, 13 Apr 2011 08:00:00 EST

A recent study, shows hospitals fail to report 90% of patient injuries, infections and other safety issues.

A review of patient hospital charts uncovered approximately 350 adverse events (a term researchers use for harms that would not happen to patients if the hospital complied with the accepted standards of care) and shows we do not have an accurate picture of the number of patients harmed by substandard medical care.

This study is one of many since the Institute of Medicine determined 98,000 people die every year due to medical malpractice, and another 1 million people are injured because of medical malpractice. As far as I know there is no available data for the number of patients injured or killed due to D.C. or Maryland medical malpractice or medical malpractice occurring in D.C. or Maryland hospitals.

One consulting firm found that medical errors - medical malpractice - that harmed patients cost the U.S. $17.1 billion in 2008.

Perhaps our politicians should work on reducing medical malpractice instead of shielding HMOs, hospitals, and healthcare corporations from being held accountable when their malpractice injures or kills a patient.

For a link to the article and studies, click on the title above.

Medical Malpractice: Hospitals' Cultures of Silence undermine patient safety measures

Thu, 24 Mar 2011 08:00:00 EST

A recent national study, "The Silent Treatment: Why Safety Tools and Checklists Aren't Enough to Save Lives" shows nurses workers don't talk to other healthcare providers (doctors, specialists, nurses, technicians) about patient safety violations and other patient safety issues.

The preliminary study, recently released but not yet published, revealed that more than 50% of the study participants witnessed dangerous shortcuts that caused harm to a patient or a "near miss", but only 17% of those nurses discussed the event or dangerous shortcut with a medical colleague.

This certainly makes patients ask: Why is it that hospital nurses don't tell a doctor, specialist, nurse, nursing supervisor, etc. when they see a patient safety measure being violated?

And couldn't these hospitals, HMOs, doctors and nurses prevent medical malpractice through better communication, or by simply speaking up when they see a patient safety rule being violated, incompetence or medical mistakes that harm patients?

Construction workers who fell from 13th floor saved by fall protection

Mon, 21 Mar 2011 08:00:00 EST

Two construction workers were hanging in mid air (thankfully) 13 stories high earlier this month, all because of their fall protection harnesses. Proper safety equipment saved the workers' lives, allowing the fire department to rescue them.

Falls are still the leading cause of death in the construction industry, and a leading cause of injuries, despite OSHA and state laws requiring safe work places (there is a specific law in the District of Columbia, requiring employers to provide a safe work place). And despite advances in technology and equipment.

Fall protection can be harnesses, nets, guardrails, etc. depending on the fall hazard and the jobsite.

When fall protection is ignored by the contractor, a devastating work injury can happen when a worker slips, stumbles or loses his balance.

D.C. Personal Injury Lawyer explains why accident victims should not use a lawyer who contacts them.

Wed, 16 Mar 2011 08:00:00 EST

We represent good, honest people when they are hurt, and we don't even advertise, so this kind of news turns my stomach.

Apparently, a personal injury lawyer in Silver Spring, MD was using runners - shady characters who call themselves "investigators" - who work for even shadier lawyers - and "refer" cases to the lawyer by getting accident reports from the police department and harassing the people involved in the accident to convince them to go to the lawyer they work for.

That's against the law in most places, if not all places. Not to mention a terrible way to hire a lawyer.

The Washington Examiner reported that charges were filed against the lawyer, investigator and others based upon an undercover investigation that uncovered conduct (or as criminal defense attorneys say, allegations), that candidly, made me sick.

If you or a family member or someone close to you was seriously injured, get information and talk to legitimate professionals. Use your common sense and don't get involved with someone like this.

Hopefully this "business" won't be around much longer.

Breast cancer screening and mammograms

Tue, 15 Mar 2011 08:00:00 EST

There may be some confusion about when to get mammograms now. Some groups, apparently looking at total cost versus saving lives have indicated women should put off getting mammograms to screen for breast cancer until age 50.

But the American Cancer Society continues to recommend a baseline mammogram at age 40 and annual screening mammograms after that for women who are at average risk of breast cancer.

In fact, one study of nearly 1 million women found a 29% decrease in breast cancer deaths with screening mammograms for women in their 40s.

One of our early D.C. medical malpractice jury verdicts involved a physician choosing to ignore the ACS guidelines and the tragic consequences for that mom and her family.

Here's a quick summary of the Mayo Clinic's breast cancer screening guidelines.

As many as 75% of hospital tests are not followed up on according to a recent study.

Wed, 02 Mar 2011 08:00:00 EST

According to Health Day News, a recent study in the journal BMJ Quality and Safety found as many as 75% of hospital tests were not followed up on. This included critical test results after patients were discharged from the hospital or transferred from inpatient to outpatient care.

One of the researchers indicated "there is substantial evidence to suggest that the proportion of missed test results is a substantial problem, which impacts on patients' safety." No kidding.

Tests are ordered for a reason and following up on test results is critical for patient safety.

A real life tragic consequence of this attitude: a woman was diagnosed with deep vein thrombosis (blood clots in her leg) but the primary care doctor who ordered the test didn't follow up on it and said he never saw it (even though it was in her medical chart). And the specialist who diagnosed the life threatening condition called the primary care doctor but got put on hold so he hung up. No one ever told the patient she had a life threatening condition.

She died of a pulmonary embolism a few days later, when the blood clot in her leg travelled to the lung.

Falls still #1 cause of on the job death for construction workers

Tue, 01 Mar 2011 08:00:00 EST

Construction workers are still more likely to die from a fall on the job than any other cause, despite OSHA requirements that contractors provide safe work sites, not expose workers to the risk of serious falls and provide fall protection that is in good working condition and monitor the fall protection equipment to make sure it is safe.

Scaffold falls and tripping hazards are just some of the risks fall protection (harnesses, guard rails, nets or generally anything that prevents a worker from falling) are designed to prevent to keep workers safe.

The consequences of working without fall protection can be devastating - one of our clients was paralyzed after falling from a D.C. rooftop. The contractor later testified he had fall protection harnesses but had left them in the garage the day this laborer was working on the roof.

OSHA provides detailed information on the requirements of fall protection for construction workers - requirements that should save lives and prevent injuries.

Insurance company profits = collect premiums and deny claims

Wed, 26 Jan 2011 08:00:00 EST

Here's a true story that shows what's wrong with workers compensation insurance companies.

The owner of a local small business is an employee of the business and has been paying workers compensation premiums to cover the owner and all other employees if they get hurt at work. The owner has been paying for years and years - and the insurance company happy is happy to cash the check every year.

Last year the owner fell at work and had to be hospitalized for the on the job injuries. He continued to work so the small business wouldn't suffer but needed follow up medical care for the injuries. The work injury was witnessed by an employee, happened at work while performing work duties and was reported to the workers comp insurance company.

And the insurance company denied it - no reason. We just don't believe you, so prove it. They sent the injured worker to one of their notorious insurance doctors, who did the usual 5 minute litigation exam and said you're fine and must be faking.

That doctor was also the wrong specialist for this injury.

The injured worker began treating with the appropriate medical specialist and after proper (but severely delayed by the insurance company) treatment, the injuries resolved.

The moral of the story - don't trust your workers comp insurance company. If they treat someone who pays their premiums like this, how will they treat everyone else who gets hurt at work?

Overworked nurses and patient safety

Wed, 26 Jan 2011 08:00:00 EST

A study published in a recent issue of the journal Nursing Research recommended further study of nurses' hospital work schedules after finding that patients in hospitals where nurses work long hours are much more likely to die of pneumonia and heart attack.

Not only could this be unsafe for patients, it could lead to additional injuries for nurses - already a heavy duty, physical occupation for nurses providing patient care in hospitals.

For more on this study and article, click the title above.

Why its critical to have uninsured motorist coverage for a Maryland accident

Fri, 21 Jan 2011 08:00:00 EST

Everyone has car insurance, right? So if another driver causes a wreck on the beltway and you're injured, the insurance company of the driver who caused the accident will pay, right?

Depends. What if you or your family is in a serious car or truck accident and the other driver, who caused the accident doesn't have automobile liability insurance or has the minimum policy limits, say $25,000/$50,000. That means his policy will pay a maximum of $25,000 to any 1 person, or $50,000 for the whole accident if more than 1 person was injured - no matter how many people were hurt by their driver's reckless or unsafe driving.

If you are hospitalized, require several surgeries and can't go back to work, $25,000 is not going to be enough to pay for your medical treatment, future care and lost income. That's where uninsured or underinsured motorist coverage comes in. That insurance coverage, that you can buy, will protect you by paying damages up to the policy limit. So get a high policy limit.

Having represented people who have gone through this, I can tell you it is a difficult time to be injured, out of work, in debt and with only limited recovery options for the harms caused by another driver.

Uninsured and underinsured motorist coverage is relatively inexpensive and protects you and your family from a financial disaster if you're hit by an uninsured driver or a car with minimum policy limits.

Failing to keep Patients safe before and after surgery

Thu, 20 Jan 2011 08:00:00 EST

Patient safety should be the first rule of medicine in both the clinical and surgical setting. Read about surgical outcomes you would never think could happen, plus ways insurance companies operate against you and traps to avoid if you are hurt at work and have a workers compensation claim.

Doctor gets life threatening test result but doesn't tell patient

Thu, 20 Jan 2011 08:00:00 EST

This report of Virginia medical malpractice is tragically familiar and completely preventable. Its been three years since I represented the son and daughter of a woman diagnosed with deep vein thrombosis, or a blood clot in her leg, after a sonogram was performed and after several visits to her primary care doctor over several weeks. The radiologist who diagnosed the DVT called the referring primary care doctor to tell him, got put on hold and hung up. To read the Virginia Supreme Court decision in that case (which was ultimately settled), go to http://www.donahoekearney.com/library/

The primary doctor's office got the report and filed it in the patient's chart, but nobody called the patient. She died of a pulmonary embolism (a blood clot that travels to the lung) a few days later.

A Virginia jury just found a doctor responsible for medical malpractice when he never told his 24 year old patient, who had been in to see him twice for chest pain, a cough and vomiting blood, that his x-ray diagnosed pneumonia. He died two days later.

Simple patient safety steps would have prevented these deaths.williams%20appeal.pdf

Study finds hospital medical errors persist.

Wed, 01 Dec 2010 08:00:00 EST

The Institute of Medicine first reported in 1999 that nearly 100,000 patients die every year due to medical mistakes, and that medical errors caused injuries to an additional 1 million patients every year.

Unfortunately, according to a recent study, not much has changed. The New England Journal of Medicine recently reported on a study of randomly selected hospital admissions in North Carolina (chosen as a site the researchers thought would show improvement because of the state's efforts to promote patient safety).

Unfortunately the rate of harm to patients remained common - nearly 588 harms of the approximately 2400 medical charts reviewed in the study. The harms to patients came from a number of causes - procedures, infections, medication errors etc.

Most of the harms to patients were avoidable. Simply put, medical malpractice occurs when hospitals, doctors and HMOs don't put patient safety first. Click on this title to read the article.

Suing the District of Columbia requires notice

Fri, 19 Nov 2010 08:00:00 EST

Anyone suing the District for injuries or death must give notice to the Mayor within six months of the accident or event that caused the injuries under D.C. Code section 12-309. The D.C. Court of Appeals just ruled that the six month time period begins to run when the claimant has actual notice or is put on inquiry notice of the injury.

The notice provision does not apply to suits against employees of D.C. acting in the course and scope of their employment. For example, a child with cerebral palsy can file a lawsuit (through his mother or father) for injuries caused by medical malpractice by an individual doctor providing medical treatment at a clinic or city hospital without filing a 12-309 notice.

Anyone injured by the District of Columbia should act quickly to protect their rights and give the required notice immediately. Despite this court's recent interpretation of the statute, it continues to produce harsh results for seriously injured people who do not know their rights.

Workers Comp Nurse Case Manager Working against Injured Worker

Thu, 18 Nov 2010 08:00:00 EST

We see this all the time. When someone is serioualy hurt on the job, the workers comp insurance company hires a "nurse case manager" to meet with the injured worker, help them get the medical treatment their injury requires, be referred to the right specialist, and get their treatment and tests approved - yeah, right.

The job of these people is to reduce the insurance company costs, steer injured workers to insurance doctors and bully injured workers and their physicians.

Here's an actual case that happened to someone before I represented them. The nurse case manager convinced the injured worker (who had a serious injury and was recovering from surgery) and his doctor to accept light duty restrictions so teh worker could enter a vocational rehabilitation program and start looking for work he could do once he recovered. Sounds great so far.

But as soon as the doctor and patient agreed to the light duty restrictions, the insurance company stopped his benefits and fired him (turns out his employer had lost a contract while he was recuperating from surgery). And the nurse case manager? Never heard from her again...

969 construction workers died on the job, many from preventable falls

Tue, 09 Nov 2010 08:00:00 EST

OSHA requires fall protection for all workers working at heights of six feet or above. Fall hazards that need to be guarded against can be obvious - working on a building's roof for example. Depending on the workplace hazards, various fall protection, such as guardrail systems, safety net systems, personal fall arrest systems, positioning device systems or fall restraint systems should be used.

And a contractor or employer has to train its employees to properly use the fall protection and have a competent person inspect the work site to make sure saftey equipment is available and used properly.

Another danger, commonly overlooked, is working above water. If the water is deeper than 2 feet, fall protection can take the place of a life jacket.

Thankfully, on construction sites around the city we are seeing more guardrails on open floors and construction workers wearing fall protection harnesses. The 34% of those deaths due to falls - over 300 - should have been prevented.

Serious medical errors caused by lack of communication

Fri, 29 Oct 2010 08:00:00 EST

The Joint Commission, a nearly 100 year old hospital standards and oversight organization, has indicated that nearly 80% of serious medical errors and medical mistakes are caused by poor communication between heath care providers or healthcare teams, especially when a patient is transferred from one facility to another.

Specialization is a fact of life and anyone with a serious medical condition will likely be treated by several medical specialists, sometimes in different hospitals. Many doctors and nurses rely on specialists to give them the results of diagnostic tests - MRIs, CT scans, lab tests, etc.

Many communication errors that end up as medical malpractice can be avoided by common sense - telling the patient their diagnosis, teh follow up care and tests they need, the medical specialists they need to see, etc. And having the specialist call the referring doctor if he diagnoses a serious or life threatening condition, like a heart attack, stroke, or blood clot.

For an example of poor communication between doctors - and preventable medical errors - that led to a tragic result in one of our cases, go to http://donahoekearney.com/library/williams%20appeal.pdf

Study shows serious medical errors occur more often than believed

Tue, 26 Oct 2010 08:00:00 EST

A recent study appearing in the medical journal Archives of Surgery reports serious and catastrophic medical mistakes and medical errors are more common than we thought. The medical malpractice found in the study focused on "never events" - mistakes, errors, malpractice that should never happen, like operating on the wrong patient, removing the wrong body part during surgery, mixing up patient biopsy results, etc.

Most of the medical mistakes had to do with miscommunication and many could have been prevented by simple safety precautions.

One of the ways to keep patients safe in the operating room is for the surgeon, anesthesiologist, nurses and techs - all of the health care providers - to take a "time out" while the patient is still awake and alert. During the time out, everyone confirms the patient's name, the surgical procedure about to be performed and the surgical site.

The lead researcher in the study called the reported errors "the tip of the iceberg" and a Johns Hopkins physician said catastrophic surgical errors are "a lot more common than the public thinks."

OSHA calls on employers to prevent work related distracted driving

Tue, 05 Oct 2010 08:00:00 EST

In 2009, over 5,400 people died in motor vehicle crashes because of distraction and thousands more were injured. Texting while driving, of course, is the major source of distracted driving and is becoming more common for workers who drive service vehicles, delivery trucks, and their own cars while they are on the job.

Every year, more and more workers are given cell phones to call in or text information to their employers.

And nearly every year, car and truck accidents and crashes are the leading cause of death at work.

If employees are required to drive on the job, they shouldn't be texting while driving. And OSHA is calling for employers to prohibit texting while driving on the job.

If you're hurt at work in D.C., don't delay filing your workers compensation claim

Fri, 01 Oct 2010 08:00:00 EST

Solving problems is part of my law practice. But sometimes injured workers unnecessarily create problems for themselves.

If you get hurt on the job, tell your supervisor. And be sure to file the workers compensation claim forms (available on this website) or by calling us at 202-393-3320.

Although the injured worker above can still file his workers comp claim, it has become much more complicated. No insurance company wants to pay for medical treatment, lost time from work and benefits for a permanent injury if they are just hearing about it for the first time weeks or months after the fact.

And its not just in D.C. - Maryland and Virginia have time limits for filing workers comp claims and insurance companies have lots of excuses for denying legitimate workers comp injuries if the claim if the injured worker waits to file his claim or doesn't tell his supervisor right away.

Too many people think their employer will take care of them when they get hurt at work (and maybe they will for a short time), or that getting a claim number from the insurance company is enough (it's not). Many workers think they can't afford to miss work for their injury - a legitimate concern. But don't let that affect your future rights and the ability to feed your family if your injury prevents you from working.

Hospitals not reporting serious adverse events and medical mistakes

Wed, 29 Sep 2010 08:00:00 EST

Some states require hospitals to report serious medical errors and mistakes.

If an otherwise healthy patient goes in for routine surgery and suffers brain damage due to hypoxia, or lack of oxygen to his brain, and documented medication error, you would think that qualified as a serious medical mistake. One Washington hospital didn't think so - they found a loophole to avoid reporting it.

One expert says hospitals are clearly missing the majority of events - all over the country. And according to one federal study, 93% of serious adverse events are not detected by hospital internal reporting systems.

For an article on the preventable medical mistakes that killed this father and the excuses for not reporting it, click on the title above.

More ghostwriting in medical literature

Fri, 10 Sep 2010 08:00:00 EST

More evidence of ghostwriting (hiring professional writers to slant an article or review of studies in usually in favor of a drug company) - this time with hormone replacement therapy.

Ghostwriting calls into question the integrity of the findings and conclusions in medical literature - literature reviewed by doctors, nurses, hospital and HMO physicians in making healthcare decisions and treatment recommendations - does it lead to more medical mistakes and medical errors?

According to an analysis reported by CNN Health, Wyeth paid hundreds of thousands of dollars to ghostwriters to write misleading information about hormone therapy. How many patients were harmed by that misinformation?

Scary.

Nurses and healthcare workers exposed to chemo at work

Wed, 14 Jul 2010 08:00:00 EST

It didn't take long for me to realize what a heavy duty job nursing is and how often nurses get injured at work in D.C. hospitals. Nurses, OR technicians and other healthcare workers get hurt lifting patients, moving patients from the operating room to the floor, turning patients - you name it. And lifting patients can cause back injuries, rotator cuff tears, neck injuries.

But recent studies show that nurses and other healthcare workers exposed to chemo - while administering it to cancer patients and working around it - may be at greater risk for developing cancer themselves.

A Danish epidemiology study of more than 92,000 nurses found an elevated risk for brain cancer, breast cancer and other types of cancer. Part of the problem is the chemotherapy agents - that can be found on counter tops, door knobs, handles, etc. are invisible, difficult to clean, long lasting and easily spread.

To read the article profiling one nurse's courageous story to get the word out, click on the title above.

Workers Comp Deadlines

Fri, 02 Jul 2010 08:00:00 EST

This injured worker is out because her workers comp lawyer didn't file her case by the deadline. He waited until the last minute, then was hospitalized and couldn't do it within the time frame.

Workers compensation is governed by a statute that applies to all cases - and the law, rules and regulations that govern injuries at work are often unforgiving if they are not followed.

It shows how important it is to have an experienced attorney represent you for any serious injury - whether its an injury at work, due to a car accident or because of medical malpractice by a doctor, hospital or HMO. All of these cases have specific deadlines, statutes of limitations and regulations that differ by type of case and jurisdiction.

Preventable Medical Mistakes

Fri, 02 Jul 2010 08:00:00 EST

Preventable medical mistakes or errors don't happen when healthcare companies, HMOs and hospitals put patient safety first. Patient safety means preventing mistakes using a variety or systems, guidelines, protocols and checks.

When investigative healthcare journalists analyzed the data from Las Vegas hospitals over a two year period they found 969 incidents of injuries or death from medical malpractice that should have been prevented.

Hopefully this type of reporting will lead to more transparency and accountability. Click on the title above for additional information and a link to the article.

Medical Literature Ghostwriting

Thu, 01 Jul 2010 08:00:00 EST

Medical literature should be just that - written by physicians. And it should improve patient safety and care. But a study commissioned by Sen. Grassley revealed some startling facts about the practice of ghost writing. Ghost writing is basically drug companies and medical device makers trying to game the system by planting favorable articles and studies in the medical literature. This is done by hiring writers who "ghost write" the article about a product or device the company is pushing and then have a physician or scientist sign off on it - as if they were the one who wrote it.

One notable instance of manipulating scientific data cited in the report was in the marketing of Vioxx - which was removed from the market in 2004 because of cardiovascular risks.

In medical malpractice cases advocating for patient safety, patients are sometimes faced with healthcare "experts" trying to pick and choose medical literature to defend a hospital, HMO or healthcare corporation's preventable medical errors.. Wonder how many of those articles are ghost written?

Medical Literature Ghostwriting

Mon, 28 Jun 2010 08:00:00 EST

Medical malpractice lawyers use medical literature on behalf of patients against hospitals, HMOs and doctors in many cases. And hospitals, HMOs, doctors, drug companies and medical device manufacturers sometimes rely on medical literature to defend their positions or get their products used, sold or prescribed.

A Congressional study has exposed ghostwriting on behalf of some drug companies and medical device makers. Ghostwriting is a practice where these corporations hire writers to write articles favorable to their product and present these to physicians or scientists to sign on as an author of the article - naturally there is no disclosure of the financial incentives and compensation paid to the physician.

The report, commissioned for Sen. Grassley, found the role of these companies in medical literature remained "veiled or undisclosed."

Medical ghostwriting was exposed through the Vioxx litigation and investigations and led to a study in the Journal of the American Medical Association that examined Merck's manipulation of scientific literature through ghost writers to market Vioxx. Vioxx was ultimately taken off the market because it caused dangerous heart problems for some patients.

Hospital data shows 969 incidents of preventable patient injuries

Mon, 28 Jun 2010 08:00:00 EST

The Las Vegas Sun investigated two years worth of hospital data and found 969 incidents of preventable injuries, patient harm and life threatening infections. As reported, the information analyzed from inpatient visits at Las Vegas hospitals showed instances of preventable harm, deadly infections and possible neglect at a rate of one injury per day.

Preventable medical mistakes or errors are medical malpractice.

Dr. John Santa, director of the Health Ratings Center for Consumer Reports said these events "aren't inevitable. They're preventable. It just involves attention to detail and a willingness to change the culture."

The investigation found hospitals were under reporting such events and that hospital lobbyists have resisted the state's effort to make the information regarding preventable or avoidable incidents and the identity of the hospitals public.

For more on this investigation into preventable medical errors in hospitals, read the article Health care can hurt you, by Marshall Allen and Alex Richards by clicking on the title above.

Trying to instill a culture of safety in hospitals

Fri, 25 Jun 2010 08:00:00 EST

Medical malpractice. Medical errors. Medical mistakes.

The only way to reduce medical malpractice, medical errors and medical mistakes is to put patient safety first. At the heart of every healthcare decision should be a simple question "how does it affect this patient's safety?' A culture of safety in hospitals, HMOs and among healthcare providers is needed. Its the only way to reduce preventable medical mistakes - by eliminating choices by the HMO, hospital or healthcare provider that don't put patient safety first.

Click on the title above for an opinion piece on a pilot program to reduce medical malpractice.

Patient Safety and Preventing Medical Malpractice

Fri, 18 Jun 2010 08:00:00 EST

We've written about "never events" - a term healthcare providers, insurance companies and hospital administrators use for malpractice that should, as the term implies, never happen. And its well documented that the Institute of Medicine reports nearly 100,000 Americans die each year due to preventable medical mistakes.

But I just came across a term I'd never heard of - "scribblers". That's what medical and hospital personnel call people - hospital patients and their family members - who write everything down. They take notes on the medications, treatment, conversations with the doctors and nurses. According to one presenter at a recent patient safety conference, they make the hospital staff nervous.

And more importantly, ten years after the government study, hospitals aren't doing a whole lot better, according to a 2009 hospital patient safety survey.

Read more about the patient safety conference at http://www2.timesdispatch.com/rtd/business/health_med_fit/article/MEDI28_20100527-222805/347416/

And if one of your loved ones is in the hospital, be a scribbler.

After a D.C. injury, workers comp adjuster schedules FCE

Thu, 17 Jun 2010 08:00:00 EST

Here's a problem when you're injured in D.C. on the job or due to a work related accident. They can send you to an FCE to get clarification on your work restrictions or limitations. What's wrong with that - absolutely nothing, as long as the FCE facility is not in the tank for insurance companies (and most of them are).

Like certain IME (Insurance Medical Exam) doctors making tons of money from insurance companies to examine an injured worker for 2 minutes and dictate a 5 page report, there are certain biased facilities that administer FCEs - if the person who is hurt can't lift enough to do their job because of the injury, some of these physical therapists will try to say he is "exhibiting pain behavior" or has "low pain tolerance" or is limited due to perceived pain, etc. - all components of "symptom magnification."

Does a physical therapist have the education, background and training to make that determination? Of course not. But if the insurance company pays for it, they will say it.

Hospital System Fails Heart Patients

Wed, 02 Jun 2010 08:00:00 EST

Apparently, the hospital had no system in place to make sure the echos were reviewed by a physician - their system allowed technicians to review the results to determine if they were "normal."

Many times an echocardiogram is ordered because shomeone is short of breath or has chest pain. And at least some of the unread echos reviewed by cardiologists since this discovery showed abnormalities.

I don't know about you but I want my echocardiogram (and my families' and friends' and clients' and co-workers' and neighbors' ) read by a physician, not a tech. And I want my hospital to have a system that requires doctors to review the results of important medical tests.

Talk about needlessly endangering its patients and preventable medical errors. Every hospital should have safety rules in place that make sure important test results are reviewed by doctors.

Read more about this at http://www.nytimes.com/2010/05/27/nyregion/27hospital.html

89 deaths due to crashes involving sudden acceleration in Toyotas

Wed, 26 May 2010 08:00:00 EST

Originally, 57 deaths were attributed to crashes involving sudden acceleration of Toyota vehicles, but now the National Highway Traffic Safety Administration reports sudden acceleration involving crashes may bring the death toll to 89. Since 2000, there have been 6,200 complaints involving sudden acceleration of Toyotas, and the company has recalled nearly 8 million vehicles.

"Independent" Medical Exam? Try Insurance Medical Exam

Tue, 11 May 2010 08:00:00 EST

Insurance companies hire doctors to conduct these "independent" exams. Many times these doctors charge $500 - or more - per exam, as opposed to the $85 they charge for an exam of a patient they are treating. Many times, the whole exam lasts only 5 minutes or less (I've had clients time it) and the doctor then writes a 3 or 4 page report to the insurance company or its attorney.

There are a handful of physicians in Washington, D.C. who earn an extremely good living performing these exams and writing these reports for insurance companies. You can imagine the "opinions" these doctors generate. They may say the injured worker was never hurt, or wasn't hurt on the job or the condition he suffers from now was not caused by the injury, or the injury only caused a temporary aggravation of some underlying condition, or the injury is not as bad as the worker and his doctor think, ...You get the picture.

Sometimes the reports on different injured workers are virtually identical - only the names have changed. And in my experience, the more desperate the carrier, they more notorious the litigation or insurance doctor they will turn to for the exam.

As with anything in life, there are exceptions to the rule. Occasionally an insurance company will hire a competent, neutral physician to evaluate an injured worker, and that physician will take the time to thoroughly evaluate the injured worker and make recommendations that are helpful to his treatment and rehabilitation. But most of the time, workers compensation insurance companies are more interested in limiting or denying benefits and reducing the amount they have to pay to workers hurt on the job.

Unsafe Workplace

Thu, 29 Apr 2010 08:00:00 EST

Since the tragic mining accident in West Virginia, which killed over 20 mine workers, the media is finally starting to report on unsafe and dangerous workplaces and many of us are realizing that working men and women are still at risk for serious injuries and death.

ABC News recently reported that OSHA is launching a "crackdown" on unsafe and dangerous workplaces. Its about time, considering that in 2007, nearly 5,500 American workers were killed on the job.

Insurance adjusters take advantage of injured workers

Fri, 05 Mar 2010 08:00:00 EST

In the last 24 hours I've received two inquiries from people hurt at work who have had their workers comp claims denied. Insurance companies are in business for their shareholders. Its a common misconception, but a workers comp insurance company has no duty to an injured worker - and they sure don't act like it, either.

First of all, never give an adjuster a recorded statement. They will just use it to try to deny your claim. Fell off your bike and broke your arm when you were 12? And now you say you hurt your shoulder lifting a bag of concrete at work? Sounds suspicious...that's how they think. A statment will just deny or delay your case.

And to top it off, some won't even give you a copy of the statement (their questions and your answers) at least until you litigate the case against them.

And an adjuster telling someone who was hurt on the job that they couldn't amend a legal form to correct a mistake someone else (not the one hurt at work) made? Not true. Not even close.

As I say over and over (and wrote a book with the same title): Protect Your Rights. The adjuster and nurse case manager, vocational counselor - they all work for the insurance company and their duty is to the insurance company, not the injured worker.

Never Events - Preventable Medical Errors

Wed, 27 Jan 2010 08:00:00 EST

You've heard the statistics - nearly 98,000 people die every year due to preventable medical errors.

But you've probably never heard the term "never events" - I know I had not. Hospitals, HMOs and healthcare corporations often have morbidity and mortality conferences to review whether, in their view, a doctor or nurse committed medical malpractice or the medical care fell below the standard of care.

But the term "never events" refers to medical mistakes that are preventable and should never happen. Medication errors, communication errors, delays in examining a patient, not recognizing signs and symptoms of a life threatening process - all can be never events.

And in the healthcare debate, some healthcare corporations, HMOs and hospitals think they shouldn't be accountable to patients injured or killed due to "never events." What if they focused their attention and resources on preventing never events? Would patients be safer? Would health care costs decrease? Of course they would.

Medical Malpractice DC, Maryland, Virginia

Tue, 29 Dec 2009 08:00:00 EST

The Senate passed health care reform, but some politicians (and of course insurance companies) continue to blame patients who have the guts to sue doctors and hospitals for increased health care costs.

What are the facts?

According to the Institute of Medicine, 98,000 people die every year due to preventable medical mistakes. And those are deaths - not amputations, cerebral palsy, brain damage or a host of other horrific injuries.

Its the equivalent of two 737s crashing every day. If that happened, would we put up with it? Would we blame the passengers?

How can we reduce medical costs? By reducing medical malpractice (which is by definition a preventable medical error) and putting patients first.

Radiology survey shows doctors reluctant to disclose medical errors

Wed, 11 Nov 2009 08:00:00 EST

A recent survey of 364 radiologists, conducted by a physician, indicates doctors may be reluctant to disclose mammography errors to patients.

According to the author, the radiologists were given a hypothetical case and were asked how likely they would be to disclose the hypothetical mammography error. Apparently, 9% said they would "definitely not" disclose ther error, 51% would disclose only if "asked by the patient", 26% said they "probably" would disclose the error while 14% said they would "definitely" disclose the error.

The authors concluded that "effective disclosure (of errors) remains the exception, not the rule."

16 work related deaths per day

Wed, 11 Nov 2009 08:00:00 EST

Simply reporting for work shouldn't put your safety at risk. But at some job sites, that's exactly what happens.

While OSHA and various state laws and occupational safety departments at the state level require safe workplaces, check out this alarming video that tells the tragedy of preventable workplace deaths at http:/16deathsperday.com

Workers compensation death and injury benefits may help an injured worker or the family of a worker killed on the job, but the real issue is preventing workplace fatalaties and injuries in the first place.

Protect yourself against uninsured driver's in this recession.

Wed, 04 Nov 2009 08:00:00 EST

I've said it before - and in better economic times - but it's worth repeating. Evaluate your uninsured and underinsured motorist coverage on your car insurance policy and make sure it adequately protects you and your family.

In my practice, we are getting more calls from people hurt in accidents caused by drivers without insurance. These days, it seems more and more drivers are dropping coverage or can't afford it. If you're seriously hurt in an accident but there is little or no insurance coverage, you may be stuck with debilitating injuries, mounting medical bills, and no income. Is it fair? No. But take steps to protect yourself from these drivers by getting the coverage you need.

D.C. Workers Compensation book for injured workers to be published November 2009

Thu, 29 Oct 2009 08:00:00 EST

To combat the misinformation given to injured workers in D.C. - from workers compensation insurance companies, employers, foremen, co-workers, you name it - Frank R. Kearney has written a book for injured workers and their families. The book, Protect Your Rights: The Injured Workers Guide to D.C. Workers Compensation, explains the ins and outs of D.C. workers compensation laws, rights and benefits available to workers hurt on the job.

Many Not Receiving Compensation for Medical Malpractice

Wed, 28 Oct 2009 08:00:00 EST

"Our medical-malpractice lawsuit system is too capricious and too clogged with costs and delays to do justice for malpractice victims or for wrongly sued doctors. It also does little to deter malpractice.

Worse, unless fundamentally reformed, malpractice law could greatly weaken efforts to control health care costs. The main reason, in the view of many experts, is that doctors' fear of unwarranted malpractice liability helps spur many billions of dollars in unnecessary "defensive medicine" costs.

Medical malpractice does happen. A 1999 study by the Institute of Medicine found that as many as 98,000 people are killed every year by preventable medical errors. This cries out for effective legal remedies. But malpractice law as we know it is not effective. It is, in too many ways, bad for patients, bad for doctors, and bad for the country.

• Bad for patients. Only 1.5 to 3 percent of all victims of medical negligence -- and about 17 percent of severely injured victims -- file claims, according to data, including a study cited by the Congressional Budget Office last year.

Many of these patients are apparently unaware that medical errors caused their injuries. But many others are probably deterred by the difficulty of finding lawyers -- who typically take only the most lucrative cases -- and the prospect of years of legal brawling with little chance of timely compensation and no assurance of ever being compensated.

A careful 2006 study by the Harvard School of Public Health found that 73 percent of those who brought valid claims ended up winning compensation. That's not so bad. But it takes five years, on average, leaving injured plaintiffs without compensation when they need it most. Moreover, an exorbitant 54 percent of the money spent in the malpractice system goes to legal and administrative costs."

October 3, 2009
National Journal Magazine

Families in Texas Hurt due to Lack of Legal Reform

Wed, 28 Oct 2009 08:00:00 EST

"For 20-plus years, the insurance industry, aided by tobacco interests, polluters, developers and the medical industry, have been engaged in a pitched battle to take away the legal rights of families. Our state has been the front line in a battle for our Constitution. Sadly, the Constitution is losing, and Texas families have been the collateral damage.

All of this has been done in the guise of “reform,” but real legal reform should be designed to protect everyday Texans, making Texas a safer and healthier place. What we've been handed in Texas certainly doesn't fall into that category. The only real beneficiaries of the decades-long fight in Texas have been a handful of powerful special interests that have boosted their bottom lines on the backs and broken hearts of countless Texas families.

These interests like to proclaim that this is all about reining in lawyers. That is just rhetorical spin to divert our attention from the real targets — Texas patients, homeowners, workers, seniors and families.

Lately we have heard a lot from these interests about Texas-style, anti-patient laws as a solution to our nation's health care crisis. When insurance lobbyists rammed through legal changes that were designed to severely limit the legal rights of Texas patients in 2003, we heard high-falutin' rhetoric promising dramatic improvements in the cost, access, and quality of health care. If only it were as simple as that.

What has actually happened? Health care costs have risen dramatically in Texas; we rank near the bottom in per-capita physicians; rural and underserved areas continue to struggle to attract new physicians; and Texas has the nation's highest rate of uninsured."

By: Alex Winslow
Houston Chronicle
October 16, 2009

Malpractice Reform is Necessary for Patient's Rights

Wed, 28 Oct 2009 08:00:00 EST

"Medical negligence isn't a topic I gave much thought to until my 6-year-old son went to the hospital sick for the first time in his life and died of oxygen deprivation. A happy little boy, with no history of breathing problems, no allergies ... never sick. Christopher was my only son. His daddy, my husband, had died of cancer a few years earlier.

In experiencing the death of my husband and son, I have seen the best medical professionals and the worst. I have seen the most caring, and the least.

I buried my husband knowing that medical professionals did everything they could. I buried my son knowing that medical professionals failed him at the most basic level.

Acting without due care

In my attempt to uncover the truth about what happened to Christopher, I took legal action.

I was represented by wonderful and caring attorneys. Throughout 18 months of litigation and over 40 depositions, I saw medical professionals who - resisting pressure from their colleagues - had the courage to testify that the care provided to Christopher fell far short of the minimum standard of care. I also saw medical professionals lie under oath, and doctors and lawyers who seemed to have no qualms about defending the indefensible.

Through my medical and legal experiences, I learned the meaning of negligence ... a failure to act with due care. I am now concerned with political negligence - legislators failing to act with due care.

How big is 'defensive medicine'?

Lobbyists for the medical and insurance industries tout "malpractice reform" as an essential part of a health care bill. When they talk about "malpractice reform," they do not mean taking steps to reduce medical malpractice. Instead the reforms they seek would prevent injured patients and their families from discovering the truth and seeking redress in the courts.

Our congressional representatives need to look behind the "malpractice reform" propaganda, and consider the facts.

We are told that doctors will stop ordering unnecessary tests and procedures if they are freed of the threat of malpractice lawsuits. Both the Government Accounting Office and the Congressional Budget Office have issued reports questioning the pervasiveness of "defensive medicine" and concluding that meddling with the legal system will have a minimal effect on health care costs. When doctors and hospitals have an economic incentive to order additional tests and procedures, we should be skeptical of their claims that they were motivated by the fear of being sued.

One of the lessons of Christopher's unnecessary death - and my necessary lawsuit - is not that health care providers need to engage in cost-inflating "defensive medicine." Instead, it is that doctors and nurses must pay attention, communicate with their colleagues and adhere to well-recognized standards of practice."

By: Laurie Sanders
October 1st, 2009
The Charlotte Observer

Politicians Working to Eliminate the Legal Age Bias For Workers

Thu, 08 Oct 2009 08:00:00 EST

Democratic lawmakers on Tuesday said they would introduce legislation that would effectively strike down a Supreme Court decision that made it more difficult for workers to prove age bias lawsuits. In June, the Supreme Court held that plaintiffs in such cases must prove that age was a deciding factor in adverse employment decisions. The previous standard held plaintiffs to a less strict burden of proof.

"Three Democratic Congressional committee chairmen said Tuesday that they would move to overturn a four-month-old Supreme Court ruling that made it significantly harder for workers to win many age discrimination cases.
The three chairmen criticized the court’s decision in a case involving a 54-year-old man who was demoted, saying the ruling flouted Congress’s intent and created unfair obstacles to the victims of age discrimination."

New York Times 10/6/09

Texas Case Challenges Time Limits on Malpractice Lawsuits

Tue, 29 Sep 2009 08:00:00 EST

"Surgical sponges left inside two Texas women - but undiscovered for years - will test state laws that place fairly strict time limits on suing doctors and hospitals for malpractice." The sponges were discovered after nine and eleven years, respectively, "long after the two-year statute of limitations had expired." Both cases "are before the Texas Supreme Court, which will decide whether their legal challenges should continue. The women argue that enforcing the lawsuit deadlines would deny them access to the courts - a right guaranteed by the Texas Constitution - because they had no way of knowing that misplaced sponges were causing their health problems until a surgeon found and removed the objects. But doctors and hospitals say time limits for lawsuits - intended by the Legislature to lower malpractice insurance rates and attract more doctors to Texas - provide a public benefit that outweighs the rights of individual plaintiffs."

Austin American Statesman. 9/29/09

Protect Your Rights: The Injured Worker's Guide to D.C. Workers' Compensation

Mon, 28 Sep 2009 08:00:00 EST

This is the title of my new book about how to protect your rights when you get hurt at work. The book shows you how to protect your rights and those of your family when you are hurt on the job. Its based on my years of experience representing injured workers.

I wrote it for working people because there is so much misinformation about D.C. workers compensation and work injuries. Some of it comes from the injured worker's co-workers, friends and family - well intentioned but still wrong. And some of the misinformation is intentional - it comes from insurance companies who want to force you to see one of their doctors or go to one of their clinics, or want you to file a claim in a different state, or don't tell you you're entitled to benefits for a permanent injury.

Protect Your Rights: The Injured Worker's Guide to D.C. Workers' Compensation will be published this fall.

The Politics of the Medical Malpractice Debate

Fri, 25 Sep 2009 08:00:00 EST

New York Times, 9/22/09

The direct costs of malpractice lawsuits — jury awards, settlements and the like — are such a minuscule part of health spending that they barely merit discussion, economists say. But that doesn’t mean the malpractice system is working.

The fear of lawsuits among doctors does seem to lead to a noticeable amount of wasteful treatment. Amitabh Chandra — a Harvard economist whose research is cited by both the American Medical Association and the trial lawyers’ association — says $60 billion a year, or about 3 percent of overall medical spending, is a reasonable upper-end estimate. If a new policy could eliminate close to that much waste without causing other problems, it would be a no-brainer.

At the same time, though, the current system appears to treat actual malpractice too lightly. Trials may get a lot of attention, but they are the exception. Far more common are errors that never lead to any action.

Metro Train Accident - No Cap on Damages

Sun, 28 Jun 2009 08:00:00 EST

The Metro train accident victims and their families should receive full and fair compensation for their injuries, said attorney Frank R. Kearney in a recent interview with the Washington Examiner. There is no artificial cap on damages in the District of Columbia. While every case will be different because the injuries are different for everyone. Those who were injured should be compensated for their pain, suffering, medical expenses, permanent injuries and lost income - both now and in the future.

The families of those killed in the Metro train accident have the right to damages for wrongful death and survival action. These damages would include the cost of medical care and lost future income, plus loss of care, guidance, services and attention for the minor children of the person killed in the Metro train accident.

As Mr. Kearney stated when interviewed by the Examiner, the train accident will prove costly for Metro. Metro carries liability insurance for significant injury and death cases. Due to a recent ruling by a court in Maryland, Metro may have been able to cap its liability had the accident occurred in Maryland instead of at the Fort Totten station in Washington, D.C.

Metro Train Accident

Sun, 28 Jun 2009 08:00:00 EST

Because we have represented many people against Metro in D.C., a local reporter recently interviewed me about the damages available to the victims and families of those hurt or killed in the Metro train accident last week. As usual, I gave her much more information on D.C. injury and death cases than she could use in the newspaper article.

Thankfully, there is no artificial cap on damages in D.C. For the families of those killed, they should receive compensation for their loved one's medical and funeral expenses and lost future income. If they left a minor child, additional damages are available for the loss of care, guidance and attention to the child.

The damages of those passengers injured will depend - as in any case - on the extent of their injuries. They will be entitled to fair but full damages for their medical expenses, lost income, pain, permanent injury, disfigurement. And injured victims should also receive damages for the future effects of the injuries.

For the families of those killed or those severely injured in the Metro train accident, no settlement will replace what they lost. It never does.

Health Care Reform should not include arbitrary caps on damages for victims of medical malpractice

Wed, 17 Jun 2009 08:00:00 EST

President Obama's recent speech to the American Medical Association did not endorse capping damages for medical malpractice. As much as health care corporations and insurance companies favor limiting recovery for Americans injured or killed due to medical malpractice, there has been no evidence that these caps reduce premiums.

In fact, caps hurt the most severely injured (or the families of those killed) due to a doctor or hospital's negligence. By arbitrarily limiting recovery this way, some patients won't be able to recover for future medical care needs or replace their lost income, or make modifications to their home, or hire a home health aid or pay for their medications or buy a wheelchair accessible van. Why should someone devastated by medical malpractice through no fault of their own be forced to choose among their needs?

The most severely injured - children with cerebral palsy due to hypoxic injuries at birth, amputees because of a misdiagnosed cancer, families of a patient who died of a preventable pulmonary embolism - should get fair but full damages.

And if you negligently run over a doctor leaving the hospital, is there a cap on his damages against you? Is that fair?

Workers Comp Death Benefits

Wed, 17 Jun 2009 08:00:00 EST

A widow who was denied workers compensation death benefits after her late husband died following his on the job injury is trying to change Virginia law - for the better, in my view.

Claire Pierce's husband, Arthur, a trucker, was found beside his truck at work, unconscious and bleeding. An accident reconstruction determined he fell 12 feet onto concrete from the rig in his employer's lot, while he was on the clock. He had sustained brain damage. Unfortunately, he never regained consciousness and died 16 months later.

Sounds like his widow would get workers compensation benefits, right? In D.C. and Maryland, the widow would receive workers compensation death benefits, which replace a portion of the deceased employee's earnings, and pay for medical and funeral expenses. But not in Virginia.

Unfortunately, Virginia is one of a handful of states that have a presumption that death is covered if the employee is found dead on the job site (for example if he dies instantaneously from a fall or accident). But since the injured worker wasn't able to testify and his fall was unwitnessed, the commission ruled there wasn't enough evidence to award benefits.

Mrs. Pierce is trying to get legislation passed that would change this law - a bill did not make it out of committee apparently. I'm contacting my state reps telling them to support a change that is good for Virginia workers and their families.

What is the insurance industry's response? In typical fashion, they don't see a need to change the law because it would lead to "fraud" - as if an injured worker could fake brain damage and a coma for 16 months?

Work Injuries: Heat Stress and Workers Compensation

Mon, 15 Jun 2009 08:00:00 EST

We all know Washington summers are hot - and can be dangerously so to workers. Workers who earn their living outdoors, on construction sites, and those who work around machinery and in confined spaces, such as mechanics, steamfitters and plumbers can be at risk for heat stress. Heart disease, high blood pressure and some medications may increase the risk of heat stress.

What is heat stress? Its heat stroke, heat exhaustion, heat syncope, heat cramps and heat rash.

The most serious classification is heat stroke, which can cause death or permanent injury and disability if not treated. According to the Centers for Disease Control symptoms include hot, dry skin without sweating, hallucinations, chills, headache, high body temperature confusion or dizziness and slurred speech.

If a co-worker shows these signs, the CDC recommends calling 911 and moving the injured worker to a cool, shaded area, and cooling the worker by showering or spraying them with water, soaking their clothes, or fanning them.

The CDC recommends workers take precautions against heat stress, such as wearing light loose fitting clothing, drink ing water frequently and scheduling heavy work for the coolest part of the day.

A worker injured due to heat stroke or heat stress on the job should notify his supervisor as soon as possible. Injured workers are entitled to workers compensation benefits in D.C. as long as the heat stress or heat stroke was related to their job.

For more information on heat stress, go to www.cdc.gov/niosh/topics/heatstress/

Uninsured Motorist Coverage

Thu, 05 Feb 2009 08:00:00 EST

This is a tale of two clients. Both were seriously injured in car accidents in Maryland. Both were hospitalized, required multiple surgeries for their injuries and have painful, expensive rehab to look forward to.

Neither accident was their fault. Both should recover fair compensation for their injuries and damages - they can't work and have escalating medical expenses.

They were both hit by drivers with minimum insurance limits. The guilty drivers' insurance carriers will offer the full extent of their liability insurance policies but it won't even cover the injured drivers' medical bills.

One has uninsured and underinsured motorist coverage. One doesn't. In theory you can sue the driver who doesn't have much insurance and obtain a large judgment. But how can you collect on that judgment?

The driver who carries the UM coverage on his own policy will be able to use it to pay his damages over an above the other driver's policy limit.

I can't stress enough - and have written about it before - get uninsured and underinsured motorist coverage to protect you and your family.

Worker's knee surgery authorized

Sat, 24 Jan 2009 08:00:00 EST

Just before Christmas, based on a litigation doctor's bought and paid for opinion, a mechanic's workers comp benefits were stopped because the hired gun doctor didn't think he needed arthroscopic surgery. This surgery - designed to diagnose as well as fix a problem - is used to diagnose and surgically repair meniscal tears in the knee and rotator cuff tears in the shoulder.

Glad to report, the surgery was authorized and benefits re-started before the hearing. This means the mechanic will get his work related knee injury fixed sooner and hopefully he'll be back to work sooner as well, with less recovery time and restrictions.

Dollar Tree denies death benefits after employee is killed on the job.

Sat, 06 Dec 2008 08:00:00 EST

The San Francisco Chronicle reported the Dollar Tree and its workers compensation insurance company were denying workers compensation benefits to an 11 year old child of one of their employees killed on the job. The employee, an African American clerk who was stocking shelves, was attacked - apparently because of her race - and died of her injuries. The Dollar Tree says that because the attack was racially motivated (the employee did not know the attacker) it did not arise out of her employment with the store.

Isn't a store clerk supposed to help the public? Isn't she subjected to the risks associated with dealing with the public? Didn't her horrible death arise out of that employment? Of course.

A chilling example of what some companies do to deny legitimate workers compensation claims.

My kids love to shop at this store to buy cheap Christmas gifts for each other. Not this year.

Read the entire article at www.sfgate.com

Workers compensation insurance company cuts off a worker's benefits because insurance company doctor says he doesn't need surgery.

Fri, 05 Dec 2008 08:00:00 EST

Insurance companies do it all the time. An injured worker's benefits were terminated because the insurance company doctor doesn't think he needs an arthroscopic surgery for his documented work related knee injury. The insurance company doctor "examined" the injured worker for about 5 minutes a couple of months ago (and was paid about $500 for that exam I suspect). That doctor later reviewed an MRI report - not the actual films - didn't re-examine the injured worker or speak with his treating physician, but just wrote another report saying the surgery wasn't necessary.

What is arthroscopic surgery? As the insurance doctor knows full well, its a procedure that is diagnostic as well as therapuetic. In other words, it will help the treating orthopaedic surgeon determine the extent and cause of the worker's knee problems - and fix those problems if necessary.

What do you think the insurance doc would say if it was his patient?

What can this worker, who was hurt on the job do now? He has to request a hearing and have a D.C. administrative law judge decide whether he needs the surgery and whether his workers compensation benefits will be reinstated.

Keith Donahoe selected by his peers for inclusion in Best Lawyers in America

Tue, 02 Dec 2008 08:00:00 EST

Keith Donahoe, a top medical malpractice attorney in Washington, D.C. and founding partner of Donahoe Kearney, LLP, a law firm dedicated to representing victims of medical malpractice, especially children, in cases involving birth trauma, cerebral palsy, obstetrical negligence, has again been selected as one of the areas "Best Lawyers." Chosen by experienced medical malpractice lawyers handling a range of medical negligence and wrongful death cases - such as pulmonary embolism, failure to diagnose cancer, cerebral palsy, shoulder dystocia and other types of birth injury cases, Mr. Donahoe has received this honor for two years in a row.

Infant Deaths lead to Child Safety Recall

Fri, 29 Aug 2008 08:00:00 EST

After a 4 month old and 5 month old became trapped in their bassinetts' metal bars and died, the Consumer Product Safety Commission recalled the models. Simplicity, Inc. manufactures the bassinetts, known as 3 in 1 and 4 in 1 convertibles or "close sleeper/bedside sleeper."

Newsday reports the parent company is not cooperating with the government's recall. Nearly 90,000 bassinetts are affected and they are sold at many retailers nationwide.

More information can be found on the CPSC website, www.cpsc.org

For more on this story, click on the link below.

Hospital Death Rates Allow Patients to Compare Medical Treatment

Tue, 26 Aug 2008 08:00:00 EST

USA Today reported that the U.S. Centers for Medicaid and Medicare Services has released data comparing the death rates, also called mortality rates, of hospitals. The study analyzed deaths from heart attack, heart failure and pneumonia within a 30 day period of hospitalization and studied only these common, life threatening conditions. The findings, published at hosptialcare.hhs.gov are significant because many believe a hospital's death rate based just on these common medical conditions, is a better indication of hospital care quality than previous death rate studies that included patients with other diseases and medical treatment for other conditions.

Unfortunately, like we see in many medical malpractice cases, rather than take responsibility for their mistakes, hospital corporations and administrators blame their patients. The article indicated one chief of medical education (of a hospital with above average death rates) stated patients in his community often did not seek medical attention soon enough or follow doctors orders. A doctor at a top ranked hospital put it best, saying "we have those patients here too."

Hopefully hospitals and health care providers will use this study as a tool to improve health care, including patient education and communication, not just for heart attacks and health disease. And now patients can compare a hospital's track record online.

Doctors without medical malpractice insurance deny justice for patient victims

Mon, 28 Jul 2008 08:00:00 EST

Many states require insurance - especially auto insurance - to protect victims of negligent drivers who cause accidents. But some states don't require physicians and healthcare providers to have medical malpractice insurance to protect their patients. Think of it - a doctor's negligence injures or kills a patient. The patient needs medical care and treatment, can't work, and has a permanent injury. Or worse, his family who relied on him for love, support and income, is left with nothing - even in cases of blatant medical errors like prescription errors, surgery on the wrong body part, or failing to tell a patient about life threatening test results like cancer or deep vein thrombosis (DVT). This article from the South Florida Sun Sentinel, describes the situation.

Patient dies after radiologist hangs up on primary care physician

Thu, 26 Jun 2008 08:00:00 EST

Imagine a doctor diagnosis a life threatening blood clot, deep vein thrombosis, or DVT for short. He calls the primary care physician who referred you, but can't get the doctor on the phone. So he hangs up - without leaving a message, without telling a doctor or nurse (or anyone) that he diagnosed a life threatening condition.

That happened to a single mom living in Fairfax, Va. The radiologist never told her she had a DVT and never told her internist. She died a few days later of a pulmonary embolism, a blood clot that breaks off and travels to the lung, and a known complication of deep vein thrombosis. The standard treatment includes blood thinners and is 90% effective.

Frank R. Kearney represents the woman's estate, with co-counsel Ben Glass. The primary care group settled before trial but the radiologist did not. He won at trial because he blamed the referring physician. The Supreme Court of Virginia ordered a new trial.

Construction site shut down after two construction workers are killed on the job

Tue, 03 Jun 2008 08:00:00 EST

Two New York city construction workers were killed on the job recently when a crane collapsed on their construction site. Because of recent crane collapses, city officials are suspending construction work while cranes and construction sites are inspected and safety concerns are addressed.

Tragically, many on the job injuries, construction accidents and work related deaths are preventable.

Air pollution may increase risk for developing DVT - also known as blood clots

Tue, 27 May 2008 08:00:00 EST

Researchers in Italy recently studied the effect of air pollution on the risk of developing blood clots (DVT). Deep vein thrombosis can lead to pulmonary embolism, a potentially fatal disease process, occurring when a blood clot breaks off and travels to the lung. An embolism can block air flow, either partially or completely. While other risk factors for developing blood clots are well known - immobility, recent trauma and surgery, cancer, and oral contraceptives are all risk factors for deep vein thrombosis - according to one study, poor air quality seems to increase the risk of developing blood clots as well. For an article on the risk of DVT being increased by air pollution, click the link below.

Ad campaign to rank hospitals

Thu, 22 May 2008 08:00:00 EST

The US Department of Health and Human Services is promoting its hospital ranking system, found at www.hospitalcompare.hhs.gov through an ad campaign. The website was created to encourage reporting and analysis of medical care in our hospitals. The hospitals submitted healh care data based upon patients' medical records. Apparently, only two criteria are used - patient satisfaction with medical treatment and compliance with recommended standards of care for surgery, heart attacks and pnuemonia. It is important to recognize that these are only two limited ways to rank hospital medical care. Hopefully, additional criteria, such as hospital infection rates, adverse surgical outcomes, and incidents of post surgical complications will be added to the site.

The website contains hospitals in DC, Virginia and Maryland, lists whether they provide emergency medical treatment and acute care, and their compliance with standards of care for particular conditions, also called process of care in the survey. The DC, Virginia and Maryland Hospitals also indicate hospital care outcomes and measures, and patient survey results showing patient satisfaction with their medical treatment. This may be one tool for patients faced with a surgery or other medical treatment in a hospital. The more information available to a patient regarding doctors, physicians, hospitals, diseases, diagnosis and medical treatment options, the better.

The information is provided for adult medical treatment at hospitals, it does not include pediatric medical treatment or pediatric medical care or medical care for any children's injuries or diseases.

Actor urges Congress not to take away consumers rights to sue drug companies

Thu, 15 May 2008 08:00:00 EST

Prominent actor Dennis Quaid testified about the medical errors that his family experienced when his newborn twins were given the wrong dosage of blood thinner because of a medication error.

Quaid urged Congress not to take away consumers rights to hold drug companies responsible. The Bush Administration FDA says that federal regulation of drugs preempts lawsuits to hold drug companies accountable for their actions.

Source: Pete Yost, Newsday, 5/14/08

Medical Prescription Drug Ads - Doctors v. Drug Companies?

Wed, 14 May 2008 08:00:00 EST

Those prescription drug ads are everywhere. Do they affect the doctor-patient relationship? Do doctors prescribe more because patients respond to the drug makers marketing?

Some medical professionals think the ads can raise awareness and encourage patients to seek medical treatment or cancer screening for example. Other health care providers think the drug companies are just marketing - and not educating patients about their health and medical conditions.

An interesting article in the LA Times discusses some of the tension between physicians and drug companies over these ads.

Civil justice for all

Tue, 13 May 2008 08:00:00 EST

Former Supreme Court nominee, appellate judge, law professor and conservative author and commentator Robert H. Bork settled his personal injury lawsuit against The Yale Club. Judge Bork alleged he slipped and fell and was injured at the club (where he had been invited to speak) and that the fall occurred because there was no handrail or stairway leading to the platform.

Bork had been an advocate of limiting damages and recoveries in personal injury cases. Perhaps this experience changed his views?

Physician sues hospital and doctors for medical malpractice.

Tue, 13 May 2008 08:00:00 EST

As reported the The Charleston Daily Mail, a gynecologist filed a medical malpractice case against a hospital and two other doctors following abdominal surgery. The plaintiff physician alleged he has lost income, suffered pain, permanent injuries and disfigurement following surgery and a hospital stay that left him with an infection leading to septic shock and requiring mechanical ventilation and additional surgeries.

Medical Malpractice Birth Injury

Fri, 09 May 2008 08:00:00 EST

Virginia's cap on medical malpractice lawsuits hurts the most significantly injured victims. As The Richmond Times reported, a family whose son suffered neurological injuries, cerebral palsy and brain damage recently settled their birth trauma malpractice case after a 7 year fight. At the time of the child's birth, the medical malpractice cap was $1.6 million. It will increase to $2 million in July 2008. Is that enough to cover lifetime medical care for a severely brain damaged child who will never live independently? How about to replace a family's income when a young mom or dad's death is caused by medical negligence?

Judge strikes down cap on malpractice suit awards

Fri, 09 May 2008 08:00:00 EST

Reasoning that a medical malpractice cap on non economic damages, or pain and suffering, applying to patients who had been victims of medical negligence gave special protections to the health care industry, a Georgia judge ruled that state's legislative cap on pain and suffering was unconstitutional.

The judge reasoned that the law also limited the rights of poor and middle class patients who had been victims of medical malpractice as opposed to wealthy patients (who could prove large economic losses - such as lost future income - because of their higher incomes).

There is no cap on recovery in D.C. medical malpractice cases. Maryland has a cap on non-economic damages recoverable in medical malpractice lawsuits. Virginia medical malpractice victims face a cap on all damages - economic and non-economic. The amount of the Virginia medical malpractice cap will increase to $2 million in July 2008.

Patient Advocacy Gaining Popularity Nationwide

Tue, 29 Apr 2008 08:00:00 EST

The Arizona Daily Star reports that patient advocacy - providing a knowledgeable, assertive advocate for a hospital or emergency room patient - is a growing business. According to a health care ratings group HealthGrades, more than 188,000 patients died between 2004 and 2006 because hospital staff did not notice or respond to patients' fatal but preventable complications.

A patient advocate, whether a friend, relative or professional, can monitor and review medication orders and dosages, verify medical history and facilitate communication between hospital staff and a patient's primary care physician or other specialists outside of the hospital.

There are a number of paid patient advocates with a wide range of charges and services. Because of the risk of fraud, especially preying on elderly patients, be sure to verify the credentials of any prospective patient advocate.

Patients often struggle for access to medical records

Tue, 29 Apr 2008 08:00:00 EST

Under federal law, patients are entitled to their medical records. Victims of medical malpractice and their families shouldn't be stonewalled by hospitals and health care providers who know medical records are critical to proving a medical malpractice or wrongful death case.

For the full article, go to http://www.usatoday.com/news/health/2008-04-29-medical-records_N.htm

Insurance companies putting profits over people

Wed, 19 Sep 2007 08:00:00 EST

For a fascinating report on the plight of Katrina victims, - people who were not only victims of the hurricane, but victims of their own insurance companies, go to www.peopleoverprofits.org. The study was published by People over Profits.

Keith Donahoe again selected by his peers to be included in "The Best Lawyers in America" in the field of Medical Malpractice

Wed, 08 Aug 2007 08:00:00 EST

National Board of Trial Advocacy recognizes Frank Kearney as a Board Certified Civil Trial Advocate

Wed, 08 Aug 2007 08:00:00 EST