Washington DC Injury Lawyer Blog

Washington DC Medical Malpractice?: July is Worst Month for Deadly Medication Mistakes at Teaching Hospitals

June 30, 2010 | Lebowitz & Mzhen

According to a new study, the “July Effect” is real. Not only is July the month when medical school graduates are most likely to begin their residencies in teaching hospitals, but, it is also when teaching hospitals see a 10% rise in deadly medication mistakes. It is important to note, however, that the study, only suggests but doesn’t confirm that the new medical residents are to blame for these errors. There may be no link between the two at all.

Common reasons why a new medical resident might make a medical mistake:
• Professional inexperience
• Lack of sleep
• Fatigue from working 36-hour shifts
• Unfamiliar with hospital setting environment

The study, which can be found in the latest issue of the Journal of General Internal Medicine, was conducted by researchers at the University of California at San Diego who investigated over 62 million US death certificates between 1979 and 2006. 244,388 of the fatalities involved medication errors that occurred in hospitals. The statistics showed that except for at teaching hospitals in July, the chances of a medication mistake happening on any other month was relatively the same. Medication deaths involving unexpected allergic reactions and those that occurred outside hospitals were not included in the study.

In recent years, many teaching hospitals have put into place better supervision, policies to prevent medical mistakes caused by sleep deprivation, and other safeguards.

Regardless of which medical professional makes a medication error, this type of mistake can cause health complications, allergic reactions, and even death. Any type of medical mistake that causes personal injury or wrongful death to the patient can be grounds for a Washington DC medical malpractice lawsuit.

The ‘July Effect’: Worst Month For Fatal Hospital Errors, Study Finds, ABC World News, June 3, 2010
Hospital Errors: Be Wary Of The ‘July Effect’ (VIDEO), The Huffington Post, June 4, 2010

Related Web Resources:

Journal of General Internal Medicine

Teaching Hospitals, AAMC

Pharmacy Error Injury Lawyer Blog

Maryland Nursing Home Lawyer Blog

One Year After Deadliest Metro Train Crash, Families of Victims Oppose WMATA’s Motion to Dismiss Washington DC Wrongful Death Lawsuit

June 26, 2010 | Lebowitz & Mzhen

As loved ones and friends gathered on Tuesday to mark the one year anniversary of the deadliest DC Metro train crash in the Metrorail’s history, the attorneys for eight of the families gathered in court to file a motion opposing Washington Metropolitan Area Transit Authority’s petition, submitted last month, to dismiss their Washington DC wrongful death complaint on the grounds that because WMATA is a “quasi-government entity” it has “sovereign immunity.” The family of one of the victims, train operator Jeanice McMillan, is not included in the legal action.

The plaintiffs have accused WMATA of bearing no responsibility for the deadly Red Line crash that killed nine people and injured at least 70 others when one Metro train rear-ended the back of another train last June. One train ended up on top of the other, and firefighters had to cut open train cars to rescue some of the victims.

Metro contends that filing the “partial” motion to dismiss is standard and routine in a Washington DC wrongful death lawsuit. It says that it hopes that the case will be “resolved or tried as soon as possible.” The civil trial is tentatively scheduled for September 2011 but Metro wants it delayed until 2012.

With Summer Here There Are Steps Teen Drivers Can Take to Avoid Causing Washington DC Car Accidents

June 23, 2010 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, the time between Memorial Day and Labor Day is the most dangerous time for drivers in the 15 – 20 age group—not to mention that car crashes are the number one cause of all teen fatalities. Traffic safety experts say that one reason for the increase in teen traffic deaths during this time of the year is that with school out many teenagers have more free time on their hands without parental supervision and later curfews. All of these factors can lead to more hours spent on the road at night, a period of day where teens are at higher risk of crashing their motor vehicles.

Summer parties and more social outings can also turn underage drinking into a greater concern now than during the regular school year. According to the Washington Regional Alcohol Program, which combats underage drinking and drunk driving in Washington DC, Maryland and Virginia, there is a 50% increase in teen drunk driving fatalities during the summertime.

Steps that teens can take to prevent injury to themselves or others in a Washington DC traffic crash:

• Don’t drink and drive
• Don’t talk on the cell phone or text message while driving
• Avoid driving late at night or when you are tried
• Obey the speed limit
• Wear your seat belt

It is important that parents supervise their teens’ driving habits, while making sure that they are educated about the dangers of careless and reckless driving. Motorists can be held liable for Washington DC personal injury or wrongful death in the event that their negligence hurts or kills another person.

Teen driver risks in high gear over summer, USA Today, June 21, 2010

Summer Months Deadliest for Teen Drivers, Washington Regional Alcohol Program, May 25, 2010 (PDF)

Related Web Resources:

Teen Driving

Teen Drivers, CDC
Maryland Car Accident Attorney Blog

Washington DC Stays Vigilant in Fight to Prevent Distracted Driving Accidents

June 19, 2010 | Lebowitz & Mzhen

According to a new report, the local governments in Washington DC, Maryland, and Virginia are doing a good job in their efforts to crack down on distracted driving. The report from the Governors Highway Safety Association is called “Curbing Distracted Driving: 2010 Survey of State Safety Programs.”

The report notes that combating distracted driving has become a priority for many states, with many of them enacting tougher laws and coming up with more education programs and media campaigns to educate people about the dangers of driving while distracted. The District (along with Maryland and 42 other state) also now make it a point to collect distracted driving data when Washington DC motor vehicle crashes occur. Also, Washington DC now includes the issue of distracted driving in its driver education classes and driver’s license test, while using social networking sites to make known the dangers of cell phone talking and texting while driving.

The GHSA’s report, however, does note that more effort across the board needs to be made to get teenagers to become more aware that distracted driving is dangerous. Seeing as multi-tasking while driving is dangerous for even the most experienced drivers, it is important that teens, who have the least amount of experience when it comes to operating a motor vehicle, have their full attention on the task at hand so that they don’t increase their chance of injury or death.

Distracted driving has fast become a leading cause of US car crashes—especially with the so many people using cell phones to talk and text while driving. According to AAA, distracted driving is a cause of about 3 million auto accidents each years.

Our Washington DC car accident lawyers know how devastating it is to lose someone you love in a motor vehicle crash that could have been prevented were it not for other parties’ negligence.

Region’s Distracted Driving Crackdown Gets High Marks, WJLA, June 16, 2010
Curbing Distracted Driving: 2010 Survey of State Safety Programs, GHSA
Related Web Resources:

District Department of Transportation

AAA Exchange

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Lawyer Blog

Trucking Accident Lawyer Blog

Can Providing A Patient with Too Much Medical Care Be Grounds for a Washington DC Medical Malpractice Lawsuit?

June 14, 2010 | Lebowitz & Mzhen

Too much of anything isn’t always good for you. In an article by AP Medical Writer Lauran Neergaard, she talks about how medical overtreatment can sometimes do a patient more harm than good.

Neergaard says that up to one-third of medical tests and treatments are unnecessary, including:

• Controversial fetal monitors that mistakenly indicate that a baby is in distress. These inaccurate results can lead to unnecessary C-sections.
• Subjecting a patient to too many CT scans can increase his/her cancer risk
• Unnecessary stents given to patients with blocked heart arteries can increase the chance of health complications
• Prescribing antibiotics for illnesses that can’t be treated with medication
• Giving a patient too much anesthesia
• Prescribing multiple drugs can increase the likelihood of adverse drug reactions

Medical overtreatment refers to giving a patient more medical care than he/she required. In many cases, the outcome ends up the same or worse for the patient than if he/she had been given enough rather than too much medical care. Patients who experience medical overtreatment may have undergone unnecessary, invasive, painful and medical procedures and tests that could have been easily avoided if only the patient received the right amount of medical care.

Washington DC Medical Malpractice

If you or your loved one has suffered because a medical provider made a medical mistake, did not provide you with the proper medical tests or medications, wrongly diagnosed your condition, or administered too many tests or treatments that were unnecessary, you may be able to pursue Washington DC medical malpractice recovery from the liable parties.

Overtreated: More Medical Care Isn’t Always Better, ABC News, June 7, 2010
Related Web Resources:
Medical Malpractice, Nolo
Medical Malpractice, Insurance Information Institute

Brake and Wiring Problems Cause Chrysler to Recall Nearly 600,000 Jeep Wranglers and Minivans in the US

June 7, 2010 | Lebowitz & Mzhen

Wiring and brake issues that can pose a safety hazard are prompting Chrysler to recall nearly 600,000 Jeep Wranglers and minivans in the United States. Chrysler is also recalling another 100,000 motor vehicles abroad.

Included in the recall are 288,968 Jeep Wranglers (2006 – 2010 models) over a possible auto defect that can cause brake fluid to leak. The National Highway Traffic Safety Administration says that partial brake loss can occur if the Jeep’s front inner fender liners rub against the brake fluid tubes and a leak happens. The automaker is also recalling 284,831 Dodge Grand Caravan and Chrysler Town & Country minivans (2008 & 2009 models) over a wiring problem that can cause a fire to brake out inside the sliding doors. According to Chrysler Group LLC, there are to date no reports of injuries and car accidents related to these auto defects. However, it was just last week that Chrysler recalled 35,000 Dodge Calibers and 71 Jeep Compasses because of a possible sticky gas pedal problem similar to the issue that has affected millions of Toyota vehicles.

Washington DC Auto Products Liability

One Person Dead and One Injured in DC Metro Stabbing Incident

May 31, 2010 | Lebowitz & Mzhen

According to DC police, the man who was found fatally stabbed at the top of an escalator at the Congress Heights Station early Sunday has died. A second stab victim, who was found close to the underground station kiosk, was treated at a hospital and later released. Meantime, a third person that may have suffered a medical problem during the stabbing incidents also was taken to the hospital.

Police are trying to determine the motive behind the stabbings, which appear to have been related. It is possible that physical struggles took place in different spots at the station before the victims were left alone. DC police were called to the scene shortly before 3 am.

Washington DC Premises Liability

The owners of public and private properties are supposed to make sure that there is adequate security on a premise so that no one ends up becoming the victim of a robbery, sexual assault, or murder. Depending on the premise, property owners may want to make sure that there is:

• Adequate lighting
• Entrances and exits with locks, alarm systems, video cameras, or security guards
• Surveillance cameras

Even if the property owner had nothing to do with causing the actual crime, the failure to act to prevent such incidents from happening—especially if similar crimes were recently been committed on the premise or in the surrounding area—can be grounds for a Washington DC inadequate security lawsuit. You also may be able to sue the assailant for Washington DC personal injury.

1 killed, 1 wounded in stabbing; men are found at D.C. Metro station, The Washington Post, May 31, 2010
Inadequate Security, Justia
Metro

Washington DC Traumatic Brain Injury Can Cause Depression and Sleep Problems

May 25, 2010 | Lebowitz & Mzhen

About 1.5 million people in the US sustain traumatic brain injuries each year. Depending on the severity of a TBI, brain injury symptoms can include headaches, fatigue, memory loss, visual disturbances, sleep disorders, dizziness, concentration problems, irritability, seizures, feelings of depression, nausea, sensitivity to sounds and light, loss of smell, mood changes, language problems, delays in mental processing, speech problems, difficulties reading or writing, vision loss, photophobia, hearing loss, tinnitus, nystagmus, seizures, paralysis, spasticity, chronic pain, bowel problems, social-emotional issues, and coma. 80% of TBI patients will be left with permanent, major disabilities.

Now, researchers are shedding more light on the links between TBIs and depression and sleeping problems, respectively. According to a study published last week in the Journal of the American Medical Association, about 50% of traumatic brain injury survivors have a nearly eight times greater risk of suffering from clinical depression than do members of the general population.

559 TBI patients participated in the study. Within the first year after sustaining their brain injuries, approximately 53% of participants were diagnosed with major depression. Less than 50% of these patients received any treatment for their depression during the first year. Also, TBI patients who were depressed reported a poorer quality of life and experienced greater difficulties functioning.

While sleep problems have long been linked to TBIs, a new study explains why. According to Shantha Rajaratnam, PhD, from Monash University in Australia, brain injury patients don’t produce as much melatonin as do people who aren’t suffering from a TBI. Melatonin regulates sleep. Rajaratnam says that the findings suggest that a TBI may disrupt the structures of the brain that regulate sleep.

Also, brain injury patients that took part in the study spent less time sleeping and woke up more often after initially falling asleep than their counterparts that weren’t suffering from TBIs. Brain injury patients experienced more non-REM sleep.

Washington DC traumatic brain injuries can occur during fall accidents, motor vehicle accidents, accidents involving the victim’s head striking or being struck by a hard object, as a result of medical malpractice, or because of other injury accidents that resulted in a direct blow to the head.

Study: Brain injuries tied to trouble sleeping, Physorg.com, May 24, 2010
Traumatic brain injuries linked to depression, Los Angeles TImes, May 24, 2010
Brain Injuries May Lead to Sleep Problems, Web MD, May 24, 2010
Related Web Resource:

Journal of the American Medical Association

Brain Injury Association of America

Washington DC Pedestrian Accident Injures Retired Cop During National Police Week

May 20, 2010 | Lebowitz & Mzhen

A 62-year-old retired police officer was injured on Friday night when he was hit by a Chevy SUV. Bill Tinker was crossing H Street, NW, at New Jersey Avenue from a Police Week food and beverage area when the Washington DC pedestrian accident happened.

The impact of the Washington DC car crash knocked Tinker out of his shoes and into the windshield of the vehicle that struck him before he landed on the ground. He broke several bones and had to be evaluated for possible head injuries.

Washington DC Pedestrian Accidents

When a pedestrian is injured during a Washington DC car accident, one of the first issues that investigators will try to resolve is who was at fault in causing the pedestrian accident. DId the pedestrian, the motorist, or another party cause the crash?

In most pedestrian accidents, it is the person walking who will have sustained the more serious injuries. Pedestrians don’t have anything to serve as a buffer between them and the impact of getting struck by a car, a motorcycle, a truck, or a bus. Pedestrian injuries can be catastrophic and the medical and recovery expenses can be astronomical. Seniors and children are at most risk of getting hurt or dying in a pedestrian accident.

Granted, in most Washington DC pedestrian accident cases involving a liable motorist, the negligent party likely never intended to hurt anyone. However, the driver can still be held accountable for the injuries, pain and suffering, and other damages.

Police Week Participant Struck By Car, MyFoxDC.com, May 16, 2010
Related Web Resources:
Car Accidents With Pedestrians, Nolo
Pedestrian and Bicycle Safety, FHWA Safety
Maryland Car Accident Attorney Blog

Washington DC Lawmakers Support National Nursing Home Week

May 15, 2010 | Lebowitz & Mzhen

Today marks the end of National Nursing Home Week. The week honors nursing home workers, professionals, residents, volunteers, and family members for their contributions to their communities.

National Nursing Home Week was established by the American Health Care Association. Last month, Representative Michael Arcuri (D-NY) introduced Resolution 1291, which supports the designated week. This year’s theme has been “Enriching Every Day.” Our Washington DC nursing home neglect and abuse law firm wants to honor those who do everything to make assisted living facility residents’ lives easier and more enjoyable.

Visiting Your Loved One at a Nursing Home

It is important to visit your family member once they’ve moved into the assisted living facility. Not only will you be giving him/her emotional support and maintaining your connection with each other, but also physically going to the assisted living facility will allow you to take part in your relative’s care.

The Ribbon.com offers a number of recommendations for activities you can engage in when visiting a nursing home:

• Talk to your loved one
• Watch his/her body language for signs of loneliness, depression, abuse or neglect
• Take any complaints seriously
• Help the patient with leg or arm exercises
• Go for a walk together on the grounds or up and down the hall
• Bring gifts, such as flowers, mementos, family photos, or favorite foods
• Listen to music together
• Help with letter writing
• Share a meal together
• Check in with staff members about your loved one’s care
• Look around to make sure that the nursing home is still the kind of place where you feel comfortable letting your loved one live

Your physical presence also makes staff members aware that you are watching out for your loved one and monitoring their care and well-being. If you suspect Washington DC nursing home abuse your neglect, you may want to consider immediately removing your loved one from the assisted living facility.

AHCA Praises House Support for National Nursing Home Week, AHCA, April 23, 2010
Visiting in the Adult or Nursing Home, The Ribbon
Related Web Resources:

Maryland Nursing Home Lawyer Blog

Nursing Home Directory, District of Columbia Department of Health