D.C. Maryland and Virginia medical malpractice, workers compensation and accident information.

Do you have questions about medical malpractice or need information about patient safety or medical mistakes regarding cerebral palsy, pulmonary embolism, cancer misdiagnosis or following up on medical tests?

Or questions about your rights if you are hurt on the job or in a serious accident?

On the page below you can find links to documents, reports, publications and discussions on medical malpractice, workers compensation and accidents provided by Donahoe Kearney, LLP. Be sure to check out our blog posts, videos and frequently asked questions.

Library Categories:

Medical Malpractice:

Medical Malpractice Lawyers have a duty to their clients - patients injured by medical mistakes and families who have lost a loved one due to medical malpractice. Some Maryland hospitals now have a list of medical malpractice attorneys they refer patients to.
Hospital and medical malpractice cases in D.C. and Maryland require the best medical malpractice lawyers for patients. Hospitals want you to use their lawyers.
Medical malpractice attorneys answer questions about medical malpractice in D.C., Maryland and Virginia
Get answers to your questions about medical malpractice in the Washington, D.C. metropolitan area.
What are the effects of birth injury or birth trauma on a newborn?
Birth injuries or birth trauma can be caused by medical malpractice.
Emergency room malpractice can be failing to recognize signs and symptoms of pulmonary embolism, heart attack, stroke, not ordering the proper tests or medication errors. Temporary ER doctors and nurses can increase the risks to patient safety.
Emergency room and hospital malpractice
Cerebral palsy can be caused by injury to the brain or abnormal development of the brain, usually before birth. Many of the signs and symptoms of cerebral palsy can be seen when the child is an infant or preschooler.
A child's cerebral palsy and developmental delays can be caused by an injury at birth. Here are common signs and symptoms of cerebral palsy.
As D.C. medical malpractice lawyers,one of our malpractice verdicts was against a doctor who failed to order a screening test that would have diagnosed cancer when it was early enough to cure. Here are ways to reduce your risk of cancer.
D.C. Medical Malpractice Lawyers trying to reduce risk of cancer.
A medical malpractice case for a child with cerebral palsy, significant injuries or disabilities can change the family's life and protect the child's future.
Medical malpractice cases in D.C., Maryland and Virginia can protect a severely injured child's future.
75% of hospital studies aren't followed up and failing to follow up on test results can have serious consequences for patients, such as missed or delayed diagnosis or death,according to one study. [PDF]
9 Tips When Getting Medical Steps was published by the U.S. Agency for Healthcare Research and Quality can help patients getting medical tests - especially since hospitals, HMOs, healthcare corporations and doctors don't always follow up on the tests they order, although they always should.

This publication indicates that in one study, anywhere from 10% to 30% of Pap smears were read to be "normal" but were not. OK, that's the doctor's responsibility, not the patient's - no amount of helpful tips is going to change that.
5 Steps to Safer Health Care [PDF]
Patient safety and preventing medical, hospital and HMO errors and mistakes should always be the first rule of medicine. Here are 5 steps the Department of Health and Human Services, American Hospital Association and American Medical Association recommend patients take to get safer health care.
Cancer Screening: Prostate Cancer Health Information update [PDF]
Cancer screening should detect cancer at the earliest possible stages so it can be treated. Read these quick prostate cancer screening recommendations from the American Cancer Society.
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]
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.
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]
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
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]
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:

On Workers compensation? The insurance company can be watching and videotaping your every move, discussing your case with your neighbors and following your family.
Workers Compensation Insurance Companies will videotape you if you're hurt at work in D.C.
Doctors often tell their workers compensation patients that they can only work light duty. But does an employer have to provide light duty to someone on workers compensation?
When you get hurt at work and can't do your regular job, is light duty available?
Injured at work in D.C., Maryland or Virginia or working for a D.C., Maryland or Virginia company when you got hurt on the job? Where do you file your workers compensation case - and where does the insurance company want you to file?
Workers compensation benefits are different in D.C., Maryland and Virginia.
Injuries and Deaths at Work: Falls are the Leading Cause of Death in residential construction. For workers working at heights of 6 feet or more, learn how to protect yourself from on the job falls. [PDF]
Workers Compensation Death claims and construction worker injuries and deaths can be reduced by following OSHA's fall protection guide.
No injured worker should go to an IME without reading this article to learn why the "I" should stand for insurance - not independent. [PDF]
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]
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]
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]
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
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.
Derechos de los trabadores heridos (Rights of workers injured in D.C. - Spanish version) [PDF]
Derechos de los trabadores heridos en D.C.
D.C. Workers Compensation Benefit Increase
The maximum compensation rate for employees injured or killed on the job has increased as of January 1, 2009. This cap applies to injured workers receiving temporary total disability benefits or to the families receiving death benefits after a fatal work accident. Workers receiving permanent total disability benefits and families receiving death benefits are also entitled to supplemental annual increases.
D.C. Workers Compensation Maximum Benefit Rates [PDF]
D.C. Workers Compensation Benefit Rates for On the Job Injuries and Death
Fatal work injuries and occupational diseases in DC, Virginia and Maryland
Fatal on the job accidents in DC, Virginia and Maryland
D.C. construction worker awarded permanent total disability workers compensation benefits [PDF]
A construction worker who injured his back working in D.C. was awarded permanent total disability benefits following a workers compensation hearing. Permanent total disability benefits are available for life and will increase by a cost of living adjustment every year.
If someone can't return to work because of their work injury, they may be entitled to Permanent Total Disability.
Permanent Total Disability is available for workers hurt on the job or permanently disabled due to job related illness if the injury or disease is permanent and the injured worker cannot return to work.
Permanent partial disability for injured workers
Injured workers are often entitled to permanent partial disability benefits in DC, Virginia and Maryland workers compensation cases.
Workers Compensation information - en espanol [PDF]
Articulos informativos de accidentes laborales.
Workers compensation information available in Spanish.
You're hurt at work. You've heard about workers compensation. But how does it work?
Workers compensation protects workers injured on the job. Workers compensation laws are complex and injured workers need to protect their rights to benefits.
En Espanol - Accidentes Laborales [PDF]
Accidentes laborales DC
Work injuries
Latino workers
DC workers compensation Spanish speaking
DC Workers' Compensation Rights [PDF]
District of Columbia Workers Compensation Rights fact sheet published by the D.C. Office of Workers Compensation.
Safety Reminder
DC Workers Compensation Safety Reminder - Preventing Work Injuries
5 Ways to Kill your Workers Compensation Case
Hurt at work? Avoid these 5 mistakes that will kill your workers compensation case.
Top 10 Workplace Safety Tips
10 Workplace Safety Tips to help prevent workers on the job injuries and deaths.

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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]
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]
Questions about accidents answered in April edition of client newsletter.
Accidents caused by teenage drivers
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
Car accidents causing death and serious injuries in DC, MD and VA.
What is uninsured motorist insurance coverage?
Uninsured motorist insurance coverage protects you and your family if you are hurt by a driver without insurance.

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General:

Need to Knows about Leg Fractures from Car Accidents and Keeping your Children Safe from Potential Heart Disease and Strokes [PDF]
Learn when to screen your children for High Cholesterol, facts about leg fractures from Car Accidents, and tips for your Workers Compensation case
Do as I say, not as I sue: Exposing the Lawsuit-Happy Hypocrites of the U.S. Chamber's Institute for Legal Reform [PDF]
The Institute for Legal Reform has the sole mission of restricting the ability of individuals harmed by negligent companies to access the legal system.
A Halloween Valentine's Day Story and Tips to keep your children safe this Halloween [PDF]
Child safety, answers to worker's compensation questions and medical malpractice.
D.C. Medical Malpractice Update: Learn how to reduce your risk of cancer. Maryland Accident Update: 7 Ways to Avoid a Car Accident. Does a child testify in her own medical malpractice trial? Read about these and other malpractice, accident and workers compensation issues. [PDF]
Learn about reducing your cancer risk in the Medical Malpractice Update, how to avoid an accident in the Accident Update and more in our free newsletter.
"Tort reform" is attempting to limit responsibility of healthcare corporations, HMOs and hospitals when they commit malpractice. [PDF]
Limiting or absolving responsibility of healthcare corporations, HMOs and hospitals through "tort reform" hurts people who need the civil justice system the most - a child with cerebral palsy, an amputee who can no longer earn a living, or a family who has lost a parent because a health care provider chose to violate patient safety rules and commit medical malpractice.
Medical Malpractice Update - Patient Safety during Surgery and 5 Mistakes that can kill your workers compensation case. [PDF]
The January newsletter includes a Medical Malpractice Update focusing on preventable surgical mistakes, how insurance companies delay and deny cases and tips to avoid killing your workers compensation case.
Suing the District for personal injuries requires notice be given to the Mayor. [PDF]
The D.C. Court of Appeals recently interpreted Section 12-309, the long standing law that requires those suing the District of Columbia for injuries caused by the District's negligence, to comply with a six month notice provision.
Can you recover your damages after an accident if your insurance lapsed? Heard about a medical bills scam some accident adjusters may try on an accident victim? Read about these and other issues in the November newsletter. [PDF]
The Donahoe Kearney newsletter answers questions about recovering damages from an at fault driver if your own insurance lapsed, how to protect against accident adjusters tricks and more.
Common Emergency Room mistakes and medical malpractice and getting medical treatment after a car or truck accident. [PDF]
Medical care after an accident and Emergency Room medical mistakes and malpractice are featured in the October newsletter.
Read about anesthesia mistakes, nursing home neglect and functional capacity evaluations in the September 2010 newsletter. [PDF]
Anesthesia errors that happen when doctors disregard patient safety can have devastating and tragic results for patients. Insurance companies sending injured workers to FCEs. Nursing home neglect.
After an accident, is the insurance adjuster your friend? And what if you are hurt in an accident in a different state? [PDF]
After an accident, an insurance adjuster can seem like your friend, working with you to get your case settled, but is she? And what if you are hurt in an accident out of state? Read about these issues in the August newsletter.
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]
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]
"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]
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]
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.

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In D.C., Maryland and Virginia, we represent people and families - patients injured because of preventable medical mistakes, children with cerebral palsy, workers with on the job injuries and people injured in serious car accidents, and families who have lost a loved one due to medical malpractice, work and car accidents.