Washington DC Injury Lawyer Blog

USA Today reports that one in five of the 15,700 nursing homes in the US received low ratings for two years in a row under Medicare’s five-star quality rating system. The assisted living facilities that received the lowest ratings averaged 14 deficiencies each.

Medicare primarily determines its ratings based on data from the last two years, including inspection findings and complaint investigations. USA Today reports that there are Washington DC nursing homes among the assisted living facilities that scored poorly over consecutive years.

Our Washington DC nursing home lawyers are aware of the abuse and neglect issues that can arise for patients staying at an assisted living facility in the District of Columbia area. It is important that you remove your loved one from the nursing home where the abuse or neglect is taking place and that you explore your legal options.

Some of the signs that a patient may be experiencing Washington DC nursing home abuse or neglect:

• Bruises, cuts, burns, or fractures that can’t be explained
• Genital infections
• Mood swings
• Depression or withdrawal
• Behavioral changes
• Bedsores
• Broken bones
• Rope marks on wrist
• Unexplained anal or vaginal bleeding
• Sudden weight loss or weight gain
• Unsanitary living environment
• A patient who isn’t bathed and/or is left in soiled clothing
• Dirty linens
• Hazardous living conditions

Remember that nursing home abuse comes in many forms. A patient may be the victim of physical violence, sexual violence, psychological violence, or emotional abuse. It is also considered elder abuse to exploit a nursing home patient’s financial resources.

Analysis: Poor ratings persist for 1 in 5 U.S. nursing homes, USA Today, January 28, 2010

Related Web Resources:
Elder Abuse and Neglect, Helpguide.org

Nursing Home Compare, Medicare.gov

Nursing Home Directory, DOH Health Care Facilities Division

Continue reading "Are Washington DC Nursing Homes Doing Enough to Prevent Patient Abuse and Neglect? : One in Five US Nursing Homes Receive Low Star Ratings for Quality " »

In less than two weeks, Toyota has recalled 3.4 million vehicles in the US over accelerator-related auto defects. The first recall, involving 2.3 million vehicles, was announced because of a sticky gas pedal problem. Toyota has recalled 1.9 million vehicles over the same problem in Europe and China.

That recall was followed by the announcement this week that an earlier recall, involving floor mats that a gas pedal can get stuck on while the car is running, had been expanded. 1.1 million autos are joining the list of 4.3 million vehicles that were recalled last November—adding up to a grand total of 5.4 million Toyota vehicles that may possess this possible vehicle defect.

On Saturday, Toyota told the National Highway Traffic Safety Administration that it had come up with a fix to the sticking gas pedal problem. Details would be announced on Monday. The auto manufacturer’s reputation has been seriously tarnished in the wake of so many safety issues and auto defects.

The floor mat-gas pedal defect was responsible for the August deaths of four family members who were riding a Lexus that not only accelerated to speeds of over 100 mph but also could not be stopped. It turns out the floor mat had jammed the gas pedal. In December, another four people died during a single-vehicle Toyota car crash involved what appears to by a runaway Toyota. This time, the floor mat had been removed from the driver’s side. ABC News reports that there have been over 60 Toyota runaway car accidents in the last few months.

Accelerator-related defects can cause serious Washington DC personal injuries and may be grounds for an auto products liability lawsuit. While recalls are positive in the sense that an auto defect can be fixed, in many instances, the car manufacturer may have waited until after serious injuries or fatalities had occurred before announcing the recall.

Toyota gas pedal fix blessed by government; parts could be at dealers next week, Los Angeles TImes, Los Angeles Times, January 30, 2010

Toyota recall list: What to do if your gas pedal sticks, Christian Science Monitor, January 27, 2010

Toyota recall: 2.3 million cars, CNN, January 22, 2010

Related Web Resources:
Toyota Motor Corp.

Continue reading "Preventing Washington DC Auto Products Liability: Latest Toyota Recalls Over Floor Mat and Gas Pedal Defects Have Consumers Worried" »

The US government has officially banned truck drivers and bus drivers from texting while driving their commercial vehicles. The order is part of federal lawmakers’ efforts to get rid of “the threat of distracted driving,” says Ray LaHood, the US Transportation Secretary.

Already, 19 US state and Washington DC have a ban that makes it illegal for all motorists to text while driving. Research shows that texting while behind the wheel of any vehicle is incredibly dangerous behavior. The Virginia Tech Transportation Institute says that text messaging increases the chances that a truck driver will be involved in a truck accident or a near-truck collision by 23 times. The Federal Motor Carrier Safety Administration has said that a driver who is texting must take his/her eyes of the road for about 4.6 out of every six seconds. The consequences for those involved in a Washington DC truck crash or a bus collision can be catastrophic.

Transportation Secretary LaHood says commercial drivers caught texting while driving may be subject to a maximum $2,750 fine. However, whether this ban can be fully enforced is unclear. Police officers will likely have a hard time looking inside a bus or the cab of an 18-wheeler truck or a tractor-trailer to see if a driver is holding a phone or a PDA and texting while driving.

According to recent statistics provided by the National Safety Council, 28% of traffic crashes happen when motorists are texting or talking on their cell phones while driving. The NSC says cell phone use was a factor in 1.4 million car crashes, while texting is linked to 200,000 motor vehicle crashes.

Washington DC Truck Accidents
Proving liability in a truck crash is very difficult. That said, it is important that a negligent driver or truck company compensate you for your personal injuries or the wrongful death of someone you love. This is where an experienced Washington DC truck accident law firm can help you.

U.S. bans truckers, bus drivers from texting while driving, Washington Post, January 26, 2010

U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers, US Department of Transportation, January 26, 2010

New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, Virginia Tech, July 29, 2009

Related Web Resources:
National Safety Council

Continue reading "US Government Bans Truckers and Bus Drivers from Texting While Driving" »

This week, the Consumer Product Safety Commission announced a number of product recalls. Among them were two significantly large recalls involving the risk of serious injuries to infants and toddlers.

On Wednesday, along with Graco Children’s Products Inc., the CPSC recalled approximately 1.5 million Graco Strollers following two fngertip laceration accidents and five incidents involving fingertip amputations to children. The kids’ fingers were injured in the stroller canopy’s hinge mechanism.

Kid’s fingertips are highly sensitive and can damage easily during amputation, tearing, or crushing. Young children are especially at risk of sustaining fingertip injuries because they are always touching and/or placing their hands in objects. Ensuring that a fingertip injury receives immediate medical attention decreases the chances of permanent disability or deformity.

You can view the model numbers for the Graco Alano™, Passage™, and Spree™ strollers and travel systems that are part of the recall on the CPSC Web site. If you have one of the strollers, you should call Graco to ask for your free repair kit and stop using the product until you can fix the defect. If your infant or toddler sustained a fingertip injury, a Washington DC injuries to children law firm can help you determine whether you have grounds for filing a DC products liability claim.

The day before this latest Graco recall, the CPSC and Dorel Asia SLR announced the voluntary recall of 635,000 Dorel Asia cribs. These cribs are drop-side cribs, and there is concern that the drop-side might detach, causing strangulation, suffocation, or entrapment if the child falls into any gap created between the mattress and the drop-side. One 6-month-old baby died during an entrapment accident. Six kids who became entrapped when the drop-sides of their cribs detached survived. There are more than 30 reports involving drop-sides detaching. Seven children sustained scratches and bruises because of slat breakage.

Serious injuries to children can prove fatal. Crib manufacturers can be sued for Washington DC products liability if a product defect was the cause of your child’s injuries or death.

Graco Recalls Strollers Due to Fingertip Amputation and Laceration Hazards, CPSC, January 20, 2010

Dorel Asia Recalls To Replace Cribs; Pose Strangulation and Suffocation Hazards, CPSC, January 19, 2010

Fingertip Injuries/Amputationsg

Related Web Resources:
Graco

Dorel

The US Department of Transportation and the National Safety Council have created FocusDriven. This is the first national advocacy group focused on supporting distracted driving victims and raising awareness about the dangers this very bad driving habit presents to motorists and pedestrians. The group was developed as a result last year’s Distracted Driving Summit in Washington DC. On its Web site, FocusDriven states that its vision is to save lives and prevent injuries by eliminating the use of cell phones while driving.

For awhile, motorists and lawmakers thought that using a cell phone wasn’t too dangerous as long a driver kept both hands on the wheel and used an earpiece or Bluetooth device. While there are accident statistics that indicate a higher crash risk when a driver uses a handheld cellular phone, rather than a hands-free device, the mounting data which proves that talking on any type of cellular device while operating a motor vehicle is just plain dangerous can no longer be ignored. Like Mothers Against Drunk Driving (MADD), FocusDriven wants everyone to fully comprehend that there is no doubt whatsoever that talking on a phone while driving can injure and kill people.

Transportation Secretary Ray LaHood and the NSC chose to announce creation of the advocacy group on Tuesday, exactly one year after the NSC called for a nationwide ban on the use of cell phones while operating a motor vehicle. The US government also recently launched a federal Web site called Distraction.gov, which focuses on raising awareness about the dangers of distracted driving. LaHood says the Obama Administration is committed to “putting an end” to distracted driving.

Washington DC Car Accidents
In a busy city like Washington DC, it is not uncommon for motorists and pedestrians to multi-task while trying to manage busy careers, social calendars, and personal lives. Many people are wedded to their cell phones and PDAs, so it is not uncommon to make calls and send messages while commuting to and from work. Unfortunately, multi-tasking while operating a motor vehicle is a bad idea and can be considered negligent driving if someone is killed or hurt in a Washington DC motor vehicle collision as a result.

U.S. Transportation Secretary Ray LaHood and the National Safety Council Announce FocusDriven, January 12, 2010, (PDF)

Related Web Resources:
FocusDriven

Distraction.gov

National Safety Council

Continue reading "US Department on Transportation and National Safety Council Step Up Fight Against Distracted Driving with FocusDriven Advocacy Group" »

Amanda Mahnke, Representative Rick Larsen's communications director who was seriously injured when an empty bus struck her on September 3, is suing Metro for Washington DC personal injury. She is seeking $30 million in damages.

According to Mahnke’s DC bus accident lawsuit, she sustained permanent injuries, including a traumatic brain injury, a broken clavicle, a fractured skull, fractured ribs, a collapsed long, an epidural hematoma, a pelvis fracture, and other personal injuries when she was struck by the Metro bus while she crossing an intersection on Florida Avenue, NW. She is accusing Metro of negligence for allowing bus driver Carla A. Proctor to keep driving its buses even though she had been sued in the past for causing other collisions.

Proctor was involved in a multi-vehicle crash involving another bus and seven autos in March 2003 when she got out of the bus to examine a faulty door. According to lawsuits against Metro and Proctor, because she allegedly failed to set the brake the bus rolled down a hill. After Proctor struck a parked vehicle in December 2004, an elderly bus passenger filed a Washington DC bus crash lawsuit against Metro.

In another case, two people who were at a Wendy’s sued Proctor for DC personal injury after she drove a car through the restaurant’s window in July 2003. She was not on duty with Metro when this Washington DC car accident happened.

Metro finally fired Proctor after she struck Mahnke. No criminal charges have been filed against her over the bus crash involving Mahnke, but witnesses say the bus driver ran a red light and she may have been speeding. Metro says Proctor neglected to do everything she could to avoid hitting the 30-year-old pedestrian.

Capitol Hill staffer hit by bus sues Metro, Washington Examiner, January 8, 2010

Woman struck by Metrobus suing agency for $30 million, Washington Post, January 7, 2010

Related Web Resources:
Metro, Washington Metropolitan Area Transit Authority

Large Truck and Bus Crash Facts 2008: Early Release, Federal Motor Carrier Safety Administration

According to studies conducted by Professor Roger Wood, a head injury specialist, and Claire Williams from Swansea University, many traumatic brain injury patients experience personality changes as well as suffer from emotional processing issues. A loss of emotional attachment, which family members have described as lack of love or warmth, as well as a decreased ability to experience empathy, are some of the problems that can arise. These emotional processing issues not only cause relationship difficulties between TBI patients and their families, but they can make recovery more challenging.

In one of the studies conducted by Wood and Williams, they discovered TBI patients had a hard time recognizing the emotions that people on video and in pictures were exhibiting. This impairment did not appear to be related to general cognitive deficits, the seriousness of the TBI, or the time that had lapsed since the head injury occurred.

Williams and Wood say that alexithymia, a personality trait that makes it hard for people to describe their own feelings, appears to be more common in TBI patients.

Traumatic Brain Injuries
Traumatic brain injuries can occur as a result of car accidents, truck crashes, pedestrian accidents, motorcycle collisions, medical malpractice, birthing malpractice, serious fall accidents, drowning accidents, choking accidents, or other kinds of Washington DC injury accidents.

Living with a TBI can seriously impair a person’s ability to live a normal life. In many serious traumatic brain injury cases, the annual medical costs for taking care of a TBI patient can be astronomical. The lives and well-being of family members and close friends are also seriously affected.

Traumatic Brain Injury leads to problems with emotional processing, Psychology Today, January 3, 2010

Related Web Resources:
The Balanced Emotional Empathy Test (BEES) and Optional Software

Traumatic Brain Injury, Mayo Clinic

Continue reading "Washington DC Traumatic Brain Injuries Can Cause Emotional Processing Problems for Victim, Says New Study" »

According to police, the driver of the vehicle that US national soccer player Charlie Davies was riding when he was critically injured during a Washington DC car accident last October told them she consumed alcohol before the fatal collision.

Davis, 23, sustained serious bladder injuries and two fractures during the single-vehicle collision on October 13. 22-year-old Maryland resident Ashley Roberta, who was also a passenger, died from her injuries.

The driver of the vehicle sustained minor injuries. She also reportedly told police that she was adjusting her GPS unit when Roberta called out to her to “Watch out.” The vehicle then struck a guard rail close to Boundary Channel. The impact of the crash cut the vehicle in half.

The fatal collision happened about an hour after Davies, the driver, and Roberta were seen at a place where alcohol is served. Police say there is no evidence that the driver attempted to brake before the collision. There is a 113-foot tire rut before the guardrail. The authorities also think that the driver may have been operating the vehicle at a speed faster than the 40 mph speed limit.

Alcohol-Related Crashes
Driving under the influence increases the chances that a motorist will be involved n a car crash. This is a senseless way to die and/or injure others. Most drunk drivers don’t intend to cause injury or death. Many inebriated motorists may not even realize they are incapable of driving or think that they are sober enough that their actions won't lead to catastrophic consequences.

Time and again, drunk driving continues to destroy people’s lives. The driver can even be held liable for Washington DC personal injury or wrongful death.

On New Year’s Eve, our Washington DC car accident lawyers would like to remind everyone of the dangers of drinking and driving. A few ways to avoid causing a drunk driving crash as we head into a new decade:

• Don’t get behind the steering wheel of a car
• Don’t let another drunk person drive
• Call a cab
• Designate a sober driver among your friends

Driver in fatal crash that injured soccer star had alcohol: Police, Washington Post, December 17, 2009

Davies needs to be a warrior again, SI.com, October 14, 2009

Related Web Resources:
Fatalities and Fatality Rates in Alcohol- Impaired-Driving Crashes by State, 2007-2008, NHTSA, December 2009 (PDF)

District Department of Transportation

A young woman has died from injuries she sustained last night in a Washington DC pedestrian accident at a bus stop on Pennsylvania Avenue. An auto that drove onto the curb that she was standing on struck her.

Her death is the second Washington DC pedestrian fatality to occur on a sidewalk in less than 24 hours. Earlier yesterday, a man he was struck by a pickup truck on 12th Street and Rhode Island Avenue NE. The truck driver drove onto the sidewalk after hitting a car. Metro Police are investigating whether speed, weather, or other factors contributed to this tragic Washington DC traffic crash.

Although Transportation for America ranked Washington DC as number 32 behind 31 other US areas that are more dangerous for pedestrians—9 of the 34 traffic fatalities last year were Washington DC pedestrian deaths—pedestrian accidents continue to occur in this city filled with commuters, tourists, students, and families.

Drivers must watch out for pedestrians, who have no protection from the impact of getting struck by a tractor-trailer, a bus, a SUV, a car, a motorcycle, a 15-passenger van, a delivery truck, an 18-wheeler truck, or another kind of motor vehicle. The Insurance for Highway Safety reports that children younger than age 13, elderly adult pedestrians, and male pedestrians are the groups with the higher pedestrian death rate. However, regardless of age or demographic, striking a pedestrian with an auto can cause catastrophic injuries or death.

In addition to pedestrian carelessness and driver negligence, Transportation for America says poorly designed roads are also a common cause of pedestrian injuries or deaths. This is important to note, because there could be more than one party that can be held liable for a Washington DC pedestrian injury or death.

Pedestrian Hit, Killed in Northeast DC, MyFOXDC, December 22, 2009

Car hits, kills woman at D.C. bus stop; truck kills pedestrian, Washington Post, December 23, 2009

Pedestrians, IIHS

Dangerous By Design, Transportation for America

Related Web Resources:
District Department of Transportation

NHTSA

Continue reading "Two People Standing on Sidewalks Killed in Separate Washington DC Pedestrian Accidents " »

According to AAA, about 87.7 million people in the US are expected to travel at least 50 miles away from home this holiday season—77.7 million travelers by motor vehicle. In Washington DC, approximately 2.5 million people are expected to leave town and most of them plan on doing so by car. That’s 4 out of 10 Washingtonians, says AAA.

With many roads and freeways undoubtedly more crowded than usual, our Washington DC car crash lawyers would like to remind motorists to drive safely so that you aren’t involved in an auto collision. Common bad driving behaviors that cause Washington DC motor vehicle accidents and can be cause for personal injury claims or wrongful death lawsuits include:

• Drunk driving
• Not paying attention to the road
• Texting while driving
• Using a cell phone
• Falling asleep
• Drowsy driving
• Speeding
• Failure to obey traffic lights and stop signs
• Tailgating
• Aggressive driving
• Road rage

With icy and wet roads a factor during the holiday season, motorists should adjust their driving speed to the road conditions. It is also a good idea to drive with the appropriate tires (all weather tires, snow tires, snow chains) and be up-to-date on all maintenance matters to make sure that your vehicle is running smoothly and no mechanical problems occur that could cause you to be involved in a Washington DC traffic crash.

Unfortunately, the holiday season can be a time when motorists forget to be careful. When this happens, the liable driver and those involved in the Washington DC car accident can spend years dealing with the consequences.

Our Washington DC injury law firm knows how tough it can be to deal with the ramifications of a car crash, a motorcycle collision, a pedestrian accident, or a truck crash, especially one that was another party’s fault. We help our clients recover compensation from these negligent parties.

2.5 million D.C. residents expected to travel for holidays, Washington Post, December 18, 2009

Preparing your vehicle for winter weather, National Safety Commission, November 12, 2009

Related Web Resources:
AAA

NHTSA

The Consumer Product Safety Commission and the Window Covering Safety Council are recalling 50 million roll-up blinds and Roman shades because they are a potential strangulation hazard to young kids. A child can get seriously hurt if his/her neck gets tangled in the cord used to work the blinds and shades.

Since 2001, there have been three deaths involving the roll-up blinds and 16 near-strangulations and five deaths involving the Roman shades in the past three years. These shades can be fixed with a free repair kit. In the meantime, parents, guardians, and adults should take precautionary measures to childproof the blinds and shades by making sure that the cords are not easily accessible to kids—especially infants and toddlers. This includes making sure that there isn’t furniture close to the windows that children can climb on top of to reach the cords. If a cord reaches all the way to the ground, then it is important to make sure the cord is properly secured and taut. Another option is to stop using these blinds and shades.

Strangulation Injuries
According to Safe Kids USA, nearly 900 kids younger than age 15 die every year from airway obstruction. Most of the fatalities are children younger than age 4. About 17,200 strangulation injuries involving child victims occur annually. Most strangulation incidents take place in the home.

Products Liability
Window shades and blinds manufacturers have long been aware of the strangulation hazard these products have posed for young children. Yet they continue to sell their defectively designed products to consumers. How many child injuries and deaths must occur before manufacturers will stop producing these faulty furniture items?

Furniture makers can be held liable for Washington DC products liability or wrongful death involving injuries to minors.

Window Covering Safety Council Recalls to Repair All Roman and Roll-Up Blinds Due to Risk of Strangulation, CPSC, December 15, 2009

Blind recall: How to check if your Roman shades are safe, The Christian Science Monitor, December 15, 2009

Airway Obstruction, Safe Kids

Related Web Resources:
Window Covering Safety Council

Parent's Guide to Child Safety

Continue reading "50 Million Roll-Up Blinds and Roman Shades Recalled Because of Strangulation Hazard to Children" »

The family of Edward Givens is suing the District and Fire and Emergency Medical Services medical director Dr. James Augustine for Washington DC wrongful death. Givens, 39, died of a heart attack in December 2008 just hours after a DC paramedic informed him he was suffering from acid reflux.

The wrongful death complaint holds the defendants responsible for Givens’ death because the paramedic allegedly committed paramedic malpractice. Mishandling documents, incorrectly interpreting medical information, and telling Givens to take Pepto Bismol are some of the actions cited in the Washington DC civil lawsuit.

Six hours after the paramedic’s wrong diagnosis, Givens was dead. The wrongful death complaint says that tests previously taken by the paramedic who treated Givens indicate that the medical worker did not display knowledge meeting the US standard of care for how a paramedic should deal with cardiac conditions and complaints. Givens’ family claims Augustine should have known that the paramedic's skills were not up to par.

Just this April, the Washington Times published an article reporting that dozens of DC paramedics failed to meet the minimum national standard during written and videotaped tests about medical knowledge and basic lifesaving procedures.

Paramedic Malpractice
Paramedics are often the first medical workers to treat patients in the event of an emergency situation. It is important that they are properly trained and can provide patients with the medical care that they need. Proper emergency medical care can save an injured, sick, or dying person’s life.

Paramedic malpractice is a form of Washington DC medical malpractice. Examples of paramedic malpractice include:

• Delayed diagnosis
• Wrong diagnosis
• Delayed ambulance arrival
• Unjustified delays when transporting the patient to the hospital
• Medication mistakes
• Not following proper paramedic treatment procedures

DC sued over heart attack response, Fire Rescue 1, December 9, 2009

Some D.C. paramedics to be retrained, The Washington Times, June 9, 2009

Related Web Resources:
DC Fire and Emergency Medical Services

Maryland Fire and Rescue Institute (MFRI)