Guides on Personal injury

Compartment Syndrome is a surgical emergency that requires prompt recognition, diagnosis, and treatment. A failure to do so can result in catastrophic and permanent injury.This video is the first in a series that addresses the fundamental anatomy, pathophysiology, physical consequences and medico-legal implications of compartment syndrome.

Auto Crash Motorist Reminder 1) State law requires all motorists involved in an accident to immediately stop at the scene or as close as possible to the scene without obstructing traffic. Motorists are required to immediately return and remain at the scene of the accident if the vehicle is not stopped at the scene of the accident. 2) If an accident occurs on a busy roadway and the vehicle is drivable, motorists are encouraged to move to the nearest side street or parking lot if possible. State law requires law enforcement officers to investigate all accidents on public roadways involving at least $1,000 worth of damage and all accidents that result in either injury or death. 3) Motorists are required to exchange all necessary information for accidents involving less than $1,000 damage that occur on public roadways. Motorists are also required to exchange all necessary information for accidents that occur on private property regardless of the amount of damage involved. Officers will respond to crashes that occur on private property if one of the drivers does not have insurance. 4) All operators involved in accidents are required to exchange necessary information consisting of: name, address, driver license number, license plate number and insurance information. It is also recommended that operators exchange phone numbers. If a motorist strikes an unattended vehicle, they are still required to leave the necessary information with the vehicle involved. 5) Officers will investigate crashes that occur on private property for the following reasons: A) They result in either injury or death. B) They involve drivers who are under the influence of alcohol or a substance other than alcohol. C) Hit & Runs with credible evidence such as license plate information, surveillance footage, etc. Credit: https://www.odessa-tx.gov/Home/Components/News/News/8984/29?npage=12 xxx xxxx

The focus of this birth injury educational article is to explain how a misread fetal strip can cause a brain injury, or basically, how a misread fetal strip can cause a brain injury for a baby. There’s plenty of information on the web which talks about other causes of baby brain injuries at birth, such as maternal infection, and other genetic abnormalities. With that said, it can be taboo in some circles to shed light on the role negligence can play in the delivery room. For some parents, knowledge of the electronic fetal heart monitor, and its importance is not really known until after the fact research. This article is a continuation of a parent’s research. WHAT DOES THE ELECTRONIC FETAL HEART MONITOR DO? The electronic fetal heart monitor is used by many hospitals in the United States. One of its main roles during labor and delivery is to monitor fetal well-being. It follows not only the baby’s heart rate, which should be around 120-160 beats per minute, but it also monitors the mother’s contractions. In addition to heart rate and contractions, the electronic fetal heart monitor allows the doctors and nurses to see acceleration and deceleration patterns, among other things. These readings can be of paramount importance when nurses and doctors are reviewing how well a baby is tolerating a vaginal delivery. Even though the monitor is available, doctors and nurses can sometimes misread the feed when the baby is in fetal distress, thus potentially contributing to a brain injury. HOW A MISREAD FETAL STRIP CAN CAUSE A BRAIN INJURY… When a baby is in fetal distress, certain things begin to happen. The delivery process into the world is stressful. As a result, a baby has certain mechanisms to help deal with the stress. The thing is, the baby cannot go forever under stress. Hypoxic ischemic encephalopathy (HIE) is a medical condition that can occur when a baby is in fetal distress. The condition in this context is a reduced level of blood and oxygen, leading to a brain injury in the baby. When nurses and doctors incorrectly interpret the monitor readings, this is how a misread fetal strip can cause a brain injury. A baby that is in fetal distress depends on doctors and nurses to assist when a vaginal delivery is no longer tolerated. I CAN ANSWER YOUR BIRTH INJURY QUESTIONS… If you have more questions about what happened during your labor and delivery, just pick up the phone and call me. In some cases, parents begin to remember their experience, and this is how questions start. Was your baby in fetal distress? Was your baby blue in color after delivery? Was meconium present when the water broke? Did your baby have to be moved to the NICU? All these things are important in a birth injury analysis. I can be reached for further discussion at 301-850-4832. I talk with families all the time about birth trauma related injuries and I would be happy to listen to your story. Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832

What Is PIP in Florida? While most drivers understand that Florida PIP law is a necessary component of their auto insurance, they often misinterpret what these benefits mean. Florida PIP law is short for Personal Injury Protection. PIP benefits help cover the immediate costs following an accident, regardless of which driver was at fault - this is why it is commonly referred to as "no-fault insurance." Florida is one of 16 no-fault states that requires every driver to purchase PIP insurance coverage as part of their auto insurance. What Does PIP Insurance Cover in Florida? Florida PIP law requires every driver to carry a minimum of $10,000 of PIP benefits. In the case of an accident, these funds help a patient receive immediate medical care, no matter their financial circumstance. PIP law also covers lost wages, and in some cases, funeral expenses. However, one thing many individuals get wrong about PIP insurance is that it will cover 100% of all damages. This is not the case. Following an accident, a PIP insurance plan will only cover 80% of a victim's medical bills and 60% of a victim's lost wages. Whatever fees or damages are leftover after PIP coverage will need to be recovered through the at-fault party in a personal injury claim. Why Does Florida Use PIP Coverage? Florida PIP law is a direct result of Florida being a “no-fault” state. After an accident, there is no requirement to prove fault to receive benefits. Florida adopted this method of coverage for a number of reasons. For one, PIP benefits allow all insured drivers involved in an accident to seek care for their injuries immediately. Whether this means visiting the emergency room or a general physician for injury diagnosis and treatment, PIP benefits can cover upfront medical costs regardless of a victim's current financial or healthcare conditions. Secondly, PIP benefits often result in quicker and less complicated settlements of claims. As opposed to instantly needing to sue the at-fault driver's insurance company to receive monetary compensation for medical bills and lost wages, an individual's own PIP benefits can immediately begin covering costs. How Much Do PIP Claims Pay Out? Generally speaking, PIP claims only pay out up to their coverage limits. For instance, if you purchased the Florida minimum of $10,000, you would only be eligible for $10,000 worth of benefits. If you purchased $15,000 worth of personal injury protection, then your coverage could pay out up to $15,000, and so on for alternate amounts. Many people think that they receive those benefits directly, when, in fact, that is not true. For PIP, the doctors submit the medical bills to the insurance companies and are paid directly as you treat for your injuries. Bear in mind that PIP insurance covers only 80% of a victim's medical bills and 60% of lost wages, and will cut off after it hits coverage limits. Remaining lost wages, medical bills, future medical costs, and other damages all must be recovered through the insurance of the at-fault driver. How Does PIP Impact a Personal Injury Lawsuit? Contacting an attorney will not impair your personal injury protection benefits. Even once you make contact with Florida personal injury attorney, your medical providers will continue to send their bills to your PIP insurer. Once you've hired an attorney, they will likely make a claim with the at-fault individual's insurance company for your present and future damages. The insurance company will put a value on the claim and make an offer in an attempt to settle the claim without the need for your lawyer to file a lawsuit on your behalf. This is where the existence of PIP coverage, and how much has been paid out to you, comes into play. When evaluating a claim, insurance adjusters take what is referred to as a "set-off" from the value of your claim. So, if you have $10,000 worth of PIP benefits, your settlement offer will likely be reduced by $10,000. This is because you technically already received $10,000 worth of benefits in the form of medical payments. Since this was not money out of pocket and was coverage awarded to you from your own insurance company, you will not be reimbursed for it. How to File a PIP Suit in Florida? You may be wondering why you would need to file a PIP lawsuit if benefits are already accessible under your auto insurance. The answer is simple. As per Florida PIP law, medical bills covered under your personal injury protection benefits are sent to your insurance company for payment. The law requires bills to be paid within 30 days of submission to the insurance agency. If a bill is unpaid or underpaid past this 30-day threshold, it is considered overdue. In this case, both you and your medical provider can seek legal action. Likewise, insurers can attempt to deny PIP claims based on a variety of reasons. Statements made during the investigation, misrepresentations on insurance applications, and even failure to see a doctor hired by the insurance company can all be grounds for your insurance company to attempt to deny your claim. This can often lead to the reduction or even denial of PIP benefits. When this happens, you need a trusted PIP attorney by your side. A PIP attorney understands how to file a PIP suit in Florida and will fight for your right to compensation. At Weinstein Legal, our trusted PIP attorneys are well-versed in the intricacies of personal injury protection law. We take the time to explain how your benefits work, and how they'll affect your personal injury claim. If you've been experiencing difficulty with your PIP benefits following an auto accident, reach out to Weinstein Legal today. Our office proudly offers free consultations to help ensure you're getting the guidance you need.

Is your baby’s cerebral palsy diagnosis due to birth negligence? To ask the question another way, was it something that the medical professionals failed to do during labor and delivery that has caused your baby’s cerebral palsy diagnosis? Both these questions, which get at a central issue, focus on is your baby’s cerebral palsy diagnosis due to birth negligence? In this birth injury educational article, I am not discussing developmental issues at conception, or as some say, “genetics” or maternal infection. These things can lead to changes in the brain which can later lead to a cerebral palsy diagnosis. Problems can arise when these issues are promoted as THE ONLY cause of essentially an injury to a baby’s brain, shutting the door on birth trauma caused by medical professionals. This article will explain the “other side” of the coin. WHAT IS HYPOXIC ISCHEMIC ENCEPHALOPATHY (HIE) & CEREBRAL PALSY? Hypoxic ischemic encephalopathy, or HIE, is a diagnosis that some babies will receive at birth when they have suffered a brain injury. HIE is a medical condition that can be broken down into three parts. The term hypoxic deals with oxygen. Ischemic is a medical term associated with blood and encephalopathy means a brain injury. Once you put all the words together you get a reduced level of blood and oxygen to the baby which leads to a brain injury. Because HIE is a type of brain injury, it follows that in some children this condition can lead to a subsequent cerebral palsy diagnosis. Cerebral palsy is a movement disorder and is caused by damage to the area(s) of the brain which control motor related functions. In the word cerebral palsy, cerebral deals with the cerebrum part of the brain, (note the cerebellum can be affected with cerebral palsy too), and palsy refers to a type of paralysis or weakness. Therefore, it is common for children who have been diagnosed with cerebral palsy to have trouble with movement and posture, in addition to having trouble with depth perception. Swallowing and feeding are also other areas of challenge. CEREBRAL PALSY DIAGNOSIS DUE TO BIRTH NEGLIGENCE? In my practice, where I see issues for families is when mom has had an uneventful pregnancy. She has followed all the directions of her doctors and presents to the labor and delivery room in a “normal” condition. Where problems can occur for example, is when the baby is in fetal distress and doctors and nurses either fail to even diagnosis the condition, or wait too long to move on it, causing the baby’s fetal reserves to become depleted. A baby can usually overcome a lot of the stressors of delivery, but there are limits to the stress and strain. Nurses and doctors in the labor and delivery room can use the aid of the electronic fetal heart monitor to follow fetal wellbeing. The monitor follows certain things during labor and delivery. It can track the baby’s heart rate, among other things. When the monitor moves to problematic readings, the medical professionals must to take certain actions. For example, sometimes they will turn mother, or give oxygen, etc…. With that said, if some of the “conservative” measures are not working, then doctors must move to an emergency C-section when warranted. Failure by the doctors and nurses to properly diagnose and treat fetal distress can lead to a reduced level of blood and oxygen getting to the baby causing a brain injury. The HIE diagnosis can, in some instances be the foundation of a subsequent cerebral palsy diagnosis. DO YOU HAVE MORE QUESTIONS ABOUT WHAT HAPPENED DURING YOUR BABY’S DELIVERY? Hopefully you can see how a cerebral palsy diagnosis can be due to the fact the medical professionals in the labor and delivery room did not properly diagnose and treat fetal distress. This issue can not only lead to a baby’s HIE diagnosis, but a diagnosis of cerebral palsy too. The thing is that for some parents, this entire area of analysis is not even considered when looking for answers from some medical professionals. To speak with me further, just pick up the phone and call me. I can be reached at 301-850-4832. I talk with families all the time about birth trauma related injuries and I would be happy to listen to your story. Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP

If your spouse has been seriously injured in a semi-truck crash in Iowa, it’s likely you have questions on the next steps to take.

Q: How have cameras become apart of the nursing home setting? A: Technological advances have made it easier to stay connected with family. That includes the ability to install cameras in a loved one’s nursing home room. Q: How are cameras being used in nursing homes? A: The benefit of the surveillance camera is the ability to monitor your family member’s care. Being able to observe care from afar can give family members peace of mind that their loved one is being well taken care of, and can also serve as evidence if abuse is found. Q: Are there any doubts or legal issues with having cameras in a nursing home? A: These so-called “granny cams” have legal and privacy implications. On the other hand, cameras raise privacy concerns for both residents (including roommates) and caregivers. Residents may not want to be monitored while in a vulnerable state, such as changing or bathing. If the recording device picks up audio, then even the resident’s conversations may no longer be private. Q: Do nursing homes have to permit families to install cameras? A: It varies depending on the facility. Some nursing homes may have language in their admission contracts banning cameras or imposing specific requirements for their use. However, concerns over elder abuse have led some states to pass laws allowing cameras in nursing homes. Q: Which states have passed laws permitting the installation of cameras? A: Illinois, Louisiana, Maryland, New Mexico, Oklahoma, Texas, Virginia and Washington have passed laws permitting families to install a camera in a nursing home if the resident and the resident’s roommate have agreed. Utah permits cameras in assisted living facilities. New Jersey does not have a law specifically permitting cameras, but it has a program that loans surveillance cameras to families who suspect abuse. Q: What steps should I take if I’d like a camera installed in my loved ones nursing home? A: If you are considering installing a camera in a loved one’s nursing home room, you should contact your attorney to discuss the legal and practical considerations.

Has an outside agency labor and delivery nurse caused your baby’s birth injury in the hospital? Another way to look at this question is can you sue an outside agency labor and delivery nurse and their agency for their role in causing your baby’s brain injury, along with the hospital’s labor and delivery nurse (this nurse is also responsible for your baby’s injury)? This is an important issue because it can come up from time to time in birth injury cases. The main purpose of this Maryland birth injury article is to help you understand how birth injury attorneys bring in outside players who are also responsible for birth injuries in some cases. We have had some people comment that if the nurse who also is responsible, along with the hospital nurse, is an outside agency nurse, then we cannot sue that nurse and the outside agency. This article will help clear up some of this confusion. HOW OUTSIDE AGENCY LABOR AND DELIVERY NURSE ISSUES COME UP… Most of the time during labor and delivery, the nurses will all wear the same colors and have on the same set of scrubs. In addition, they all may have the same insignia and identification badges. What this does for many families is make them assume that all the nurses in the labor and delivery room work for the hospital. In some cases, this is true. However, sometimes, one or more of the nurses in the room will work for an outside agency. This means that although it seems that the nurse is an “employee” of the hospital, this is not the case. The nurse is being paid by an outside nursing agency to render care in the hospital. The agency nurse will do everything that the hospital employed nurse will do. For example, the agency nurse, depending om their training, will monitor the electronic fetal heart monitor. The nurse will help turn mom and provide other relief as needed. HOW DO WE HOLD THE OUTSIDE AGENCY LABOR AND DELIVERY NURSE RESPONSIBLE? Under Maryland law, there is a theory of vicarious liability called respondeat superior. What this essentially means is that the “master” will answer for the “servant.” In basic terms how this is used is that the employer will answer for the negligent acts of the employee if the employee was in the scope of his or her employment. There are elements that must be met for this theory of liability to work, but in its basic form, this is how it is used. Birth injury attorneys use respondeat superior when outside agency nurses are also responsible for a baby’s brain injury at birth (hypoxic ischemic encephalopathy, or HIE, cerebral palsy, etc…) and they are looking to hold the agency and the outside agency labor and delivery nurse responsible. This legal theory can be helpful when prosecuting these types of cases. DO YOU HAVE MORE QUESTIONS? If this article, and supporting video was helpful to you and you have more questions pick up the phone and give me a call. I can be reached at 301-850-4832. I help families with birth injury questions all the time and I would be happy to speak with you further. Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP

When can a medical malpractice case settle? This may sound like a simple question, but you will not believe how much confusion can arise out of this subject. Although this article will talk about when can a medical malpractice case settle, the same concepts will hold true for birth injury cases, another form of medical malpractice. As I always like to remind you, if you have specific questions regarding the settlement of your specific case, be sure to talk with your attorney about your facts. The information that I am providing in this article is general in nature and is not geared towards specific fact scenarios. WHEN CAN A MEDICAL MALPRACTICE CASE SETTLE? In general, a medical malpractice case can settle at anytime before a jury renders its verdict, if a jury trial is elected. So, this means that there is no hard-fast time that is set in stone for these cases to resolve themselves. A case can settle pretrial in some settings. By pretrial what I mean is before a lawsuit is even filed. Sometimes, depending on the facts and circumstances, the parties will work out an agreement before the filing of a lawsuit. In other instances, this will not be the case. If the case cannot settle before the lawsuit is filed, it might be settled after suit. How this can happen is during the discovery phase, both sides of the case are generally in touch with each other and the lines of communication might reflect the opportunity to settle. In addition, in some jurisdictions the court may order each party to mediate the case. During mediation, the case might settle during this process. Sometimes however, the mediation may breakdown with no agreement, but a little later down the line the case settles out. Please remember, that even though a lot of medical malpractice cases settle, some of them must be decided by a jury or other factfinder. As with may things in the law, and life for that matter, there are no guarantees. WHO DECIDES IF A CASE SETTLES OR GOES TO TRIAL? Another important issues which stems from this topic is who makes the final call as to whether a case settles or goes to trial? If you answered the client, you would be right. Some people think that it is the attorney who makes the call as to settlement or trial. The attorney does play an important role in the process by explaining the issues to the client so that they can make the best decisions as to their case. A good client is going to be engaging with their attorney and listen to the pros and the cons of the case. Doing this will allow the client to get a feel for the offer being made by the defense. Where some clients can get into trouble is when they feel that they no longer need the advice of their attorney and go at the settlement process all wrong. This can be from starting at a too big of a number during negotiations, to glossing over the weaknesses of the case. Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP

Washington Case Laws on Subrogations The Washington State Supreme Court specifically holds in Liberty Mutual v. Tripp, 144 Wn.2d 1, 22, 25 P.3d 997 (2001), that there is no presumption of full compensation simply because a plaintiff settles for less than policy limit. The issue of full compensation is a factual question that may be determined by the jury. There, Liberty mutual relied on Allstate Insurance co. v. Batacan, 89 Wash.App. 260, 266, 948 P.2d 1316 (1997), for the proposition that the insured settles is impliedly fully compensated. The court in Tripp overruled Batacan. See, Allstate Insurance co. v. Batacan, 139 Wash.2d 443, 986 P.2d 823 (1999). Truong v. Allstate (2001). In Truong, the court sided with Allstate ruling that accepting less than the policy limit of $25,000 not because Truong was not made whole but because Truong failed to meet his burden of rebutting the evidence set forth by Allstate that was fact-specific to prove Truong was not made whole. There, Truong relied on two paragraphs of expert opinion by an attorney, which the court found entirely conclusory and unsupported with facts. Thus, both 1st party and 3rd party in that agreed on 50% property damage liability and the adjuster thought he was paying out at 50% liability. Elovich v. Nationwide Ins. Co., 104 Wn.2d 543, 556, 707 P.2d 1319 (1985), our Washington State Supreme Court cited for the proposition that the insurer "is entitled to recover only if the released entities' negligence exceeded the settlement figure as a percentage of the plaintiffs total injuries." The Elovich court explained: In other words, to establish prejudice [the insurer] must show (1) the percentage of negligence of [each of three tortfeasors]; (2) the total losses the plaintiff suffered; (3) that the settlement as a percentage of plaintiff's total injuries was less than the percentage of the settling entities' comparative negligence. Only if the latter percentage exceeds the former will [the insurer's] subrogation rights have been prejudiced. Otherwise the rule from Thringer v. American Motors Ins. Co., 91 Wn.2d at 222, applies: the insurance company's subrogation rights arise only after the plaintiffs have received full compensation for their injuries. The Defense case other than Truong v. Allstate Some insurances will relied on Hall v. Encompass ins. co. which relied upon Peterson v. Safeco ins. Wash. Ct. App (1999), which, in turn, relied on a decision of the Court of Appeals in Allstate Ins. co. v. Batacan (1997) to argue that settlements for less than the tortfeasor's liability limits raise a presumption that the insured have been made whole. However, the Washington Supreme Court in Liberty Mutual v. Tripp, 144 Wn.2d 1, 22, 25 P.3d 997 (2001), had put this issue to rest by overruled Batacan. Further, there is no other precedent cases for a position that settlement for less than the tortfeasor's liability limits magically give raises to a presumption of full compensation.