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Workers Comp Deadlines
Posted on 7/2/2010

Hospital data shows 969 incidents of preventable patient injuries
Posted on 6/28/2010

Medical Literature Ghostwriting
Posted on 6/28/2010

89 deaths due to crashes involving sudden acceleration in Toyotas
Posted on 5/26/2010

Radiology survey shows doctors reluctant to disclose medical errors
Posted on 11/11/2009

D.C. Workers Compensation book for injured workers to be published November 2009
Posted on 10/29/2009

Families in Texas Hurt due to Lack of Legal Reform
Posted on 10/28/2009

Malpractice Reform is Necessary for Patient's Rights
Posted on 10/28/2009

Many Not Receiving Compensation for Medical Malpractice
Posted on 10/28/2009

Politicians Working to Eliminate the Legal Age Bias For Workers
Posted on 10/8/2009

Legal Resources

Document Library

On the page below you can find links to documents, reports, publications and discussions provided by Donahoe Kearney, LLP.

The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.

Library Categories:

Medical Malpractice:

Medical Ghost Writing - Drug Companies and Medical Device Manufacturers hiring writers to submit articles to medical journals (articles singing the praises of whatever the companies are pushing) [PDF]
Description: Peer reviewed medical literature is routinely used as a basis for healthcare decisions, insurance company decisions to authorize diagnostic tests and treatment and in medical malpractice litigation. But many of the articles are ghost written - by writers hired by a drug company or medical device manufacturer that wants positive treatment for one of its products in the medical literature. Sen. Charles Grassley has issued a report "Ghostwriting in Medical Literature" that shows how widespread the practice is.
Deep vein thrombosis (DVT) is a blood clot forming in a large vein. It can lead to pulmonary embolism, a potentially fatal complication.
Description: According to the Centers for Disease Control, Deep Vein Thrombosis (DVT), the formation of a blood clot, is a treatable, preventable disease process that is underdiagnosed. DVT can lead to pulmonary embolism (PE), a blood clot that breaks off and travels to the lung. Pulmonary embolism can be a fatal complication of DVT.
Radiologist diagnoses life threatening blood clots and calls the referring physician to communicate his diagnosis but hangs up after being put on hold. The patient dies a few days later without ever being treated. [PDF]
Description: A local radiologist diagnosed life threatening blood clots (deep vein thrombosis) in a 50 year old Fairfax, Va single mother. He called her referring physician to communicate the diagnosis. After being put on hold, waiting for the doctor to come to the phone, he hung up.

His patient died a few days later from a fatal pulmonary embolism, a blood clot that broke off and traveled to the lungs. She never knew she had been diagnosed with blood clots.

The treatment for blood clots is anti-coagulation, usually heparin. It is 90% effective. A pulmonologist testified this treatment would have saved the patient's life.

At trial, the radiologist blamed the referring physician, saying his office later faxed the radiology report to the referring doctor's office, where it was filed as routine correspondence.

The referring physician's employer settled with the family shortly before trial.

Following a verdict for the radiologist, the Supreme Court of Virginia reversed, holding the trial judge improperly instructed the jury on the issue of superseding, intervening cause.

Frank R. Kearney and co-counsel Benjamin W. Glass, III represent the patient's estate. Her survivors include a 12 year old son.
Medical information, tests and screening for men
Description: Cancer screening and prevention. Early detection and diagnosis of potentially fatal cancers. Preventing colon cancer, heart attacks and heart disease. These are a few of the topics the AHRQ advises men about their health and health care.
Cancer Awareness Newsletter [PDF]
Description: Cancer Awareness and Prevention is critical to your health. The misdiagnosis or late diagnosis of cancer can be fatal. Early diagnosis and detection of even the most aggressive cancer can improve a patient's outcome.

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Workers' Compensation:

No injured worker should go to an IME without reading this article to learn why the "I" should stand for insurance - not independent. [PDF]
Description: An injured worker with a workers comp claim often gets a letter from the insurance adjuster or nurse case manager scheduling an "Independent Medical Exam." Learn why these insurance exams are hardly independent.
Here's what you do when you're hurt at work in D.C. [PDF]
Description: What do you do when you get hurt on the job in D.C.? This short article focuses on basic workers' compensation rights for injured workers, including an injured worker's rights to medical treatment and workers compensation benefits.
For immediate release: Protect Your Rights: The Injured Workers Guide to D.C. Workers' Compensation, a book that is a practical guide to D.C. work injuries, written by Frank R. Kearney, will be published in November 2009. [PDF]
Description: Workers injured on the job in D.C. are fed a constant diet of misinformation regarding their rights under workers compensation from insurance companies trying to keep their benefits down. This book, available in November 2009, sets the record straight and provides injured workers and their families the information they need to protect their rights.
DC Workers Compensation Forms [PDF]
Description: If you are hurt on the job in D.C. you must file two forms with the D.C. Office of Workers Compensation to protect your rights to workers compensation benefits. Many employers don't give you these forms, but they are available here.
Injured Workers: File D.C. Workers Compensation Claim Forms
Description: If you're hurt at work, your employer should give you the forms to file a D.C. workers compensation claim. Many employers don't give these forms to injured workers. You can download them here for free.

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Automobile Accidents:

Car and truck accidents on the Beltway, I-95 and I-270 cause death and injuries in D.C., Maryland and Virginia. The July newsletter is devoted to safe driving and preventing car and truck accidents in D.C., Virginia and Maryland. [PDF]
Description: Accidents on the Beltway, I-95 and I-270 are a fact of life in D.C., Maryland and Virginia. The July newsletter is devoted to safe driving and preventing car and truck accidents in D.C., Virginia and Maryland.
Answering client's questions about accidents. [PDF]
Description: Questions about accidents answered in April edition of client newsletter.
Accidents caused by teenage drivers
Description: Motor vehicle crashes are the leading cause of death for teenagers in this country. And teen drivers have a higher risk of car accidents and crashes than other drivers.
Car accidents causing serious injury or death
Description: Car accidents causing death and serious injuries in DC, MD and VA.
What is uninsured motorist insurance coverage?
Description: Uninsured motorist insurance coverage protects you and your family if you are hurt by a driver without insurance.

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General:

Read about the "independent" medical exam, protecting America's workers, and whether you should submit bills to your health insurance after a car accident. [PDF]
Description: What is this "Independent" Medical Exam - and what should everyone injured in DC should know about it? What is Congress doing to protecting worker and promote safe workplaces? Why should your health insurance should pay your medical bills after a car accident?. The answers are in the May newsletter.
"Independent" Medical Exams - are they really independent? [PDF]
Description: "Independent" Medical Exams are really insurance or defense litigation exams. Read about those exams, protecting America's workers and more in our May newsletter.
Read about "never events" - preventable medical errors that should never happen. [PDF]
Description: You've heard the statistics - nearly 98,000 people die every year due to preventable medical errors.

But you've probably heard the term "never events." Never events are given that term because they should never happen.

Medication errors, communication errors, delays, failing to recognize signs and symptoms of a life threatening process - all can be never events. And these preventable medical errors can lead to cerebral palsy, brain damage and death for the patient.
Newsletter offers free book to injured workers to guide them through D.C. workers compensation process. [PDF]
Description: Get the real deal on how to protect your rights when you get hurt at work in D.C. reading our newsletter and by ordering our free book Protect Your Rights: The Injured Worker's Guide to D.C. Workers' Compensation.