Washington DC Injury Lawyer Blog

An appeals court isn’t letting a deceased doctor off the hook for his share of a Washington DC medical malpractice settlement owed to a woman who sustained serious injuries because anticoagulants were improperly administered to her. Per the court, the estate of Ronald Kurstin, MD must pay $1 million of a $2 million settlement.

The plaintiff, Rosalee Blue, was administered the heparin compound Lovenox during an abdominal hernia repair procedure at Sibley Memorial Hospital on April 2004. It was Dr. Kurstin who directed anesthesiologist Dr. John Lordan to give Blue the anticoagulant.

Unfortunately, the medication caused her to experience spinal bleeding and suffer permanent injuries, including impaired mobility and bladder and bowel dysfunction. Blue also continues to experience chronic pain.

Blue filed her DC medical malpractice complaint several months later. Per court documents, the drug manufacturer and the hospital both recommend that Lovenox not be given to a patient until several hours after surgery.

Lordan’s practice reached a $2M Washington DC anesthesia malpractice settlement with Blue. Even though Blue agreed to then release all claims against the surgeons, Lordan submitted a “contribution claim” against Kurstin, who died in 2006. The claim sought for Kurstin, who was a non-settling defendant, to contribute to the settlement.

Washington DC Medical Malpractice
It can be hard for a patient who is the victim of DC surgical malpractice to know exactly what happened. An experienced medical malpractice lawyer can help you figure out what happened as well as determine who should be held liable. Medical mistakes can result in devastating consequences for patients and there may be additional medical and recovery expenses, as well as lost wages, because of what happened to you. There may even be more than one medical professional who should be held liable.

Court Holds Surgeon Responsible for $1M Settlement Share, Outpatient Surgery.net, August 1, 2011

ESTATE OF KURSTIN v. LORDAN, DC Court of Appeals, July 21, 2011

Related Web Resources:
Medical Malpractice, Nolo

Enoxaparin Injection, NIH

More Blog Posts:
$20M Washington DC Medical Malpractice Lawsuit Over HIV Misdiagnosis Can Proceed, Says Appeals Court, Washington DC Injury Lawyer Blog, July 21, 2011

Washington DC Paramedic Error Was a Factor in Fatal 2008 “Acid Reflux” Case, Reports Office of the Inspector General, Washington DC Injury Lawyer Blog, June 8, 2011

Are Some Children Undergoing Unnecessary CT Scans?, Washington DC Injury Lawyer Blog, May 11, 2011

While motor vehicle crashes are a leading cause of child fatalities, our Washington DC personal injury lawyers want to warn you of other auto vehicle-related dangers that could put a kid at serious risk. Here are a few of these safety hazards, as identified by the National Highway Safety Administration:

Backover accidents: This usually involves a vehicle backing out of a driveway or parking lot and the driver not realizing that there is a child behind the auto. Backover accidents can prove fatal. Because the vehicle is being operated in reverse, the motorist must take extra precautions to check all viewing mirrors, footage from the backup camera, and perhaps even physically look back to make sure there is no one there.

Power windows: Power windows can entrap a young child’s hands, fingers, feet, neck, or head. It is important to make sure that power window switches have been locked. Otherwise, a child can accidentally activate the switch.

Vehicle rollaway: Leaving the key in the ignition with the vehicle unattended may result in the automatic transmission shifting out of “Park.” This can cause serious injuries to a child left alone in the auto or children outside the car in the event of an accident.

Hyperthermia: According to the NHTSA, heatstroke is the number one cause of non-crash auto deaths for kids under age 14. Already, there have been 21 hyperthermia child fatalities this year. Last year, there were 49 child heatstroke deaths. It is important that young children not ever be left alone in a vehicle—especially in hot weather.

Just this month, the family of one 22-month-old boy filed a wrongful death lawsuit against a day care center because they believe that he was left inside the transport van. With temperatures in the mid-90’s that day, it would have been a lot hotter inside the vehicle.

If your child died in a vehicle-related incident that you believe was caused by another party’s careless, reckless, or negligent acts, contact our Washington DC injuries to a minor lawsuit. Our DC injury law firm would like to offer you a free case evaluation.

Family sues Miami-Dade day care in toddler's death, Sun-Sentinel, July 15, 2011

NHTSA Steps Up Efforts to Prevent Child Deaths in Hot Cars, NHTSA, June 26, 2011

Related Web Resources:
Keeping our Kids Safe, NHTSA

Hyperthermia Deaths of Children in Vehicles, Department of Geosciences

More Blog Posts:
Nearly 800,000 Dorel Child Safety Seats Recalled, Washington DC Injury Lawyer Blog, February 16, 2011

Anne Arundel Accident News: Reckless Driving Blamed in Single-Car Crash that Killed 3-Year-Old, Maryland Car Accident Attorney Blog, July 23, 2011

Toddler and Teen Pedestrians Injured During East Baltimore Car Accident, Maryland Accident Law Blog, July 12, 2010

11 years after he was mistakenly diagnosed with HIV, an appeals court has said that Terry Hedgepeth’s $20 million Washington DC medical malpractice lawsuit against the Whitman-Walker Clinic can proceed. His original complaint was dismissed on the grounds that he did not sustain any physical injuries from the medical mistake. However, now that the DC Appeals Court has changed the law in the District, emotional injury can be grounds for such a case. Hedgepeth wants compensation for emotional distress, anxiety, weight loss, loss of contact with family and friends, psychiatric facility commitment, suicidal tendencies, depression, damage to his reputation, lost earnings (past, present, and future,) and loss of almost four years of a normal life.

The clinic diagnosed Hedgepeth, now, 42, with HIV on December 13, 2000. He says that the news broke him and he ended up in a psychiatric ward. After his release, he sough treatment for his disease and obtained regular blood tests from the clinic. At the same time, however, he says that his life in havoc. He broke ties with his family because he didn’t want them to know that he was HIV-positive. He also moved into a Whitman-Walker run house for homeless patients, took cocaine, and wanted to die. All the while, he continued to show no signs of infection and he never had to take any meds to treat his HIV.

Four years later, Hedgepeth decided to try holistic treatments and went to the Abundant Life Clinic. A blood test he took there gave him an HIV-negative result. He also tested negative at Johns Hopkins University Hospital.

Wrong Diagnosis
Although the stigma with an HIV diagnosis is no longer as great as it first was in the 80’s, receiving news that you have HIV can wreak havoc on one’s professional life and emotional and mental well-being. Granted, finding out the disease/illness you thought that you had but actually don’t is welcome news, but that doesn’t mean that the misdiagnosis hasn’t already wreaked havoc and taken a toll.

Unfortunately, wrong diagnosis is a common form of DC medical malpractice and one that should be grounds for Washington DC personal injury recovery.

DC Man Files Lawsuit Claiming Whitman-Walker Clinic Wrongly Told Him He Was HIV-Positive, MyFox, July 6, 2011

The Whitman-Walker Clinic told Terry Hedgepeth he had the disease—even though he didn’t. Now he’s looking for payback, Washington City Paper, July 9, 2010

Read the 2008 opinion (PDF)

Related Web Resources:
Whitman-Walker Health

Living with HIV, Centers for Disease Control and Prevention

MYHIVLIfe

More Blog Posts:
Family’s Washington DC Wrongful Death Lawsuit Alleging Paramedic Malpractice Can Proceed, Says Judge, Washington DC Injury Lawyer, March 9, 2011

$17 Million Washington DC Wrongful Death Lawsuit Filed Against District and FEMS Medical Director Over Botched Response to Fatal Heart Attack, Washington DC Injury Lawyer, December 9, 2009

Montgomery County Jury Awards Silver Spring Woman $2.35M Maryland Medical Malpractice Verdict Over Wrong Diagnosis, Maryland Accident Law Blog, October 4, 2010

Police are saying that a tire blowout may have caused the deadly tour bus crash on I-390 that killed two people and injured several others—leaving at least three of them with severe injuries—on Sunday. The bus, which had left Washington DC, was headed to Niagara Falls. As of midday Monday, media sources were reporting that 20 people remain hospitalized. Injuries include internal injuries, fractures, and head wounds, which are consistent with injuries from a bus accident.

The bus driver reportedly lost control of the bus at around 4pm in the Avoca area. The vehicle left the road before going down an incline and tipping over in a wooded area.

Today, at a news conference, New York State Police Superintendent Joseph D’Amico said that driver fatigue and alcohol are not likely factors in the crash. Also, in addition to the driver’s log being “proper” the front tires on the bus had just been replaced with new ones in the last couple of months. It was one of these tires that appears to have blown out.

The two passengers that died, Shail Khanna, 66, and Sakina Kiazar, 52, and the 34 other passengers on the bus were with tour group from India. The two women were seated behind the driver’s seat, which was the only seat on the bus with a safety belt. Tour buses do not have to have seat belts for passengers.

According to state Department of Transportation staff, the bus passed its last inspection on June 28 and has a good safety record. Bedore Tours was given a “satisfactory” (which is the top) rating by federal inspectors last year.

Tire Blowouts
Tire blowouts can prove fatal—especially if they cause a driver to lose control of the vehicle. A tire manufacturer can be held liable if its tire's defects caused a DC traffic crash that resulted in injuries or deaths. If it was the driver who failed to replace or properly maintain the tires or a repair company that didn’t correctly check to make sure that a tire was in proper driving condition, either party could also be held liable.

In an accident such as the one discussed here, other possible liable parties—defending on the evidence found—might also include the tour operator, the tour bus driver, or the bus company owner.

Trip normal till tire blew out, Rochester bus driver says after I-390 crash, Democrat and Chronicle, July 18, 2011

Tour bus from D.C. crashes in N.Y.; 2 dead, The Washington Post, July 17, 2011

Related Web Resources:
Bedore Tours

SaferCar.gov

More Blog Posts:
Frederick County, School Bus Crash Involving Injuries Went Unreported, Say Maryland State Police, Maryland Accident Law Blog, October 28, 2010

Baltimore Personal Injury News: Six Hurt in Montgomery County Car-School Bus Accident on I-270, Maryland Car Accident Attorney Blog, June 3, 2011

Maryland Traffic Injury News: Car Hits City Bus in Baltimore County; 12 Passengers Hurt in Crash, Maryland Car Accident Attorney Blog, May 28, 2011

Continue reading " Tour Bus From Washington DC Involved in Deadly Crash May Have Been Derailed by Tire Blowout " »

According to the Governors Highway Safety Association, up to 25% of motor vehicle accidents in this country occur because motorists were distracted driving and more often than not using cell phones and other handheld devices. The GHSA’s report, which was released last week, is called “Distracted Driving: What Research Shows and What States Can Do.”

As our Washington DC personal injury law firm has reported in past blogs, distracted driving is very dangerous and can dramatically increase the chances of injuries or deaths. It also can be grounds for a DC car crash lawsuit against the driver. Other findings from the study:

• Some drivers are distracted as much as 50% of the time they are on the road.
• Texting while driving, which is both a manual and visual distraction, is even more dangerous than talking on a phone.
• Examples of other common types of distracted driving behavior include talking to other passengers, looking for tapes or CD’s, switching radio stations, drinking, eating, reading directions or a map, reading books or newspapers, dealing with kids or pets, shaving, putting on makeup, shuffling through an iPod, and reading your GPS.

Many people don’t realize that distracted driving impairs their ability to drive safely. This does not change the fact that this behavior can result in very deadly consequences.

Should other parties aside from a distracted driver be held liable for DC personal injury or wrongful death? A couple of years ago, one woman sued Nextel, Samsung, and Sprint for her mother’s distracted driving death. The plaintiff claimed products liability because the three companies allegedly failed to warn the driver that using a cell phone wile driving is a safety hazard. Samsung countered that it did include safety warnings on its websites and packaging and in its user manuals and advertising.

Report: Gadgets Linked To 25 Percent Of Car Accidents, AutoGuide, July 13, 2011

Read the GHSA's Distracted Driving Report

Related Web Resources:
Distracted Driving, US Department of Motor Vehicles

Cell Phone and Texting Laws, Governors Highway Safety Association

More Blog Posts:
US DOT Holds Second Annual Distracted Driving Summit in Washington DC, Washington DC Injury Lawyer Blog, September 22, 2010

Preventing Maryland Car Crashes: State Senate Approves Ban on Reading Text Messages While Driving, Maryland Accident Law Blog, March 9, 2011

Maryland Lawmakers Want Texting While Driving Ban to Block Drivers From Reading Messages, Maryland Accident Law Blog, February 20, 2010

Continue reading " Up to 25% of US Car Crashes Caused by Distracted Driving and Gadget Use " »

Every year, thousands of people are hurt in slip and fall accidents. While this type of injury accident sounds simple and harmless enough—how dangerous can a simple slip accident while standing be? Our DC premises liability lawyers have seen enough slip and fall injuries to tell you that they can often be painful, debilitating, and costly.

A simple slip on liquid on the ground or a rough patch of ice or any other slippery item on a flat surface or staircase can lead to broken bones, displaced hips, back injuries, and in some cases, traumatic brain injury resulting in death. Whether or not you have grounds for a Washington DC slip and fall case will depend on where the accident happened, who owns the property where the accident occured, and whether there is a premise owner or another party who was responsible for making sure that this type of injury accident didn't happen.

Usually, the property owner or someone must have cause the spill or other slip hazard, knew that there was a dangerous area but did nothing to remedy or repair it, or didn’t know about it but should have known about the slip danger because that is what a “reasonable” person taking care of the property would have done. Of course, each Washington DC slip and fall case is unique and the specifics of each accident, as well as how much evidence can be gathered, play a role in determining liability. Your case may even require the help of an experienced expert that knows how to prove exactly how your slip and fall accident happened.

Recovery from a slip and fall accident can take months, and for some people, permanent injury can result. An elderly person who shatters his/her hip may no longer be able to walk without the use of a cane or wheelchair. A teenager who strikes his/head against the pavement may die from a permanent brain injury. The sooner you have someone working on your case, the better your chances of obtaining the best outcome possible.

Related Web Resources:
Slip and Fall, Nolo

Slip and Fall, Justia

More Blog Posts:
Washington DC Slip and Fall Accidents Can Cause Hip Injuries, Broken Bones, a Strained Back, and Other Painful Injuries, Washington DC Injury Lawyer Blog, February 23, 2010

Woman Claims Maryland Fall Accident Left Her with a Russian Accent, Maryland Accident Law Blog, June 3, 2010

Former Supreme Court Nominee Robert Bork Settles Slip and Fall Accident Lawsuit With Yale Club, Maryland Accident Law Blog, May 13, 2008

Continue reading " Washington DC Slip and Fall: An Injury Accident that May Be Grounds for a Lawsuit " »