Damage Caps in Nevada Going To State Supreme Court?

We’ve long held the opinion that so-called “damage caps” do nothing to drive down the costs of medicine. If that was the case, then surely the costs of medical care would have fallen precipitously in the states where there are caps in place. There has so far been no evidence that medical costs have gone down. The theory is that with liability caps in place, doctors will no longer be concerned about getting sued and will stop practicing “defensive medicine,” or performing unnecessary tests and procedures so that there is no chance of any diagnosis falling through the cracks. But practically speaking, doctors are still practicing medicine like they always have, regardless of whether or not they feel “protected” by damage caps.

When you think about it, the only people really “protected” by liability caps are the medical malpractice insurance companies. These insurance companies are the only ones who stand to gain by limiting the amount of non-economic damages that an injured patient can receive. After all, caps don’t prevent doctors from getting sued. They simply place a limit on the amount of money that the injured patients can receive. And the patients certainly don’t get anything positive out of the deal. Damage caps work under the erroneous assumption that any and all medical malpractice cases are the same, which means that as far as the courts are concerned, there is no difference between a patient who has to spend a few extra inconvenient days in the hospital and a patient who accidentally has the wrong limb taken off. Anything from a misdiagnosis to the death of an infant falls into a specific price range, between $0 and however much the cap is, which is usually in the neighborhood of $200,000.

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DC Metro Escalator Safety

WMATA seems to be gambling with the safety of its passengers. That might seem like a  heavy handed statement, but right now it is one that we feel comfortable making.

The first and most obvious problem is its antiquated and outdated sensor equipment on the subway tracks. This is supposed to act as a failsafe that prevents collisions between trains. As we all learned last year, it isn’t working properly. Last June there was a terrible accident on the Red Line where one train slammed directly into the back of another. 9 people died and 76 were injured.

Since the accident has occurred, the National Transportation Safety Board has made several recommendations to fix some of the more glaring errors, but according to an article in The Washington Post, not much has been done:

"There are significant deficiencies in their safety culture," said Deborah A.P. Hersman, chairman of the NTSB. "We do not see the frequency of accidents on other properties that we are seeing on Metro.

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Chris Henry Had Prior Brain Injury?

 

12/17/2009 - CHARLOTTE, N.C. -- Cincinnati Bengals receiver Chris Henry has died, one day after falling out of the back of a pickup truck in what authorities described as a domestic dispute with his fiancée.

There wasn’t much about the death of Chris Henry that made sense. According to reports, Henry wasn’t a mere passenger in the back of that truck. Apparently he ran alongside it and jumped in the bed of the truck while it was still moving. He then fell out and landed almost squarely on his head, which caused blunt force trauma to the brain, which killed him.

Henry had a reputation in the National Football League as somewhat of a wild child, with multiple arrests involving marijuana possession, driving under the influence, assault and criminal damage. Throughout his career, Mr. Henry displayed what can kindly be described as a serious lack of impulse control. He displayed a bad temper and poor judgment on multiple occasions.

So when he died in that accident, many people just wrote it off as the behavioral norm. He had been a little crazy his entire life, so why should his death have been any different? But a recent article in the Los Angeles Timesoffers what may be a reason for not only his actions at the time of his death, but also his actions during his very turbulent life:

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Virignia Drunk Driving Accident Sentenced - Barely

 

This story comes from WAVY down in Virginia Beach:

A 24-year-old woman who seriously injured two people in a drunk driving head-on collision in March 2009 was sentenced Wednesday to serve four years and six months in prison.

Lisa Marie Schettler, a Virginia Beach native, had a blood alcohol level of .44 that night in March. With that much alcohol in your system, you shouldn’t even be allowed to leave the house, much less get behind the wheel of a car. Yet that’s exactly what Ms. Schettler did. Her car drifted across the double yellow line on Bird Neck Road and slammed directly into the front of another car, which was occupied by Donald and Elaine Gay. According to the news report, all three of them were seriously injured.

Ms. Schettler is lucky that there were only injuries involved, and it’s hard to imagine that the Gay’s feel lucky at all, although they should count themselves lucky to be alive. What you had here was just about the purest form of vehicular negligence that exists. It’s dangerous enough to drink even a minor amount of alcohol and then get behind the wheel of a car; Ms. Schettler drank enough to the point where she shouldn’t have been able to see straight.

The news report doesn’t say anything about Ms. Schettler’s weight, but with a BAC of .44, we could make a fair guess that she had at least nine drinks, which is more than enough to impair someone’s ability to drive a car.

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DC Metro Wants Wrongful Death Lawsuit Dismissed

 

It’s been exactly one year and one day since the Red Line Metro accident that killed nine people and injured seventy.  Due to faulty signaling systems and a host of other systematic safety failures, one red line train slammed into the back of another.

Like many Washingtonians, this accident hit particularly close to home for us. The offices of Greenberg and Bederman are right next to the Silver Spring Metro station on the red line, which many of us here ride into work every day.  It could have very easily been one of the people in our office who got injured or killed.

This accident was more than a personal tragedy for the families of the victims.  In fact, it could hardly be categorized an “accident.” The safety systems of the entire Metro subway system in the D.C. area were so neglected and out of date that any “accident” should have been called“inevitability.”

The National Transportation Safety Board initiated a study on how WMATA operates, and in their final report they determined that there were over 100 serious problems in our Metro system that have yet to be addressed, even as we are reaching the one year anniversary of the deadliest crash in the history of WMATA.

What makes matters even worse is that WMATA has decided to avoid culpability in this case by filing a motion to dismiss awrongful death andnegligence lawsuit filed by most of the victims’ families.  It’s as if they are pretending that these deaths and injuries were just some random, freak occurrence rather than the result of a system wide failure of technology and personnel.

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The Quiet Water Pollution Story

In the midst of all of the coverage of the BP oil spill, and in the wake of all of the coverage of Hurricane Katrina, it’s very probable that many of you have never heard of a town called Mossville, Louisiana.

This isn’t surprising. Hurricane Katrina was an unmitigated disaster which caused widespread flooding of New Orleans, as well as billions of dollars worth of property damage that the citizens of the Gulf Coast are still recovering from. The BP oil spill is an equally crippling disaster which has the potential to ruin the lives and livelihoods of thousands of fisherman and people who make their livings off of tourist dollars, which is a dubious proposition if the beaches are coated in dead marine life and hundreds of thousands of gallons of crude oil.

But while Mossville, Louisiana doesn’t have the same level of camera-ready and newsworthy coverage levels of the BP leak and Hurricane Katrina, it certainly deserves mention as one of the hardest hit areas in Louisiana. This is a town where oil spills and hurricanes are quite honestly the least of the residents’ problems. In Mossville, simply getting up in the morning is dangerous. Drinking water out of the tap is a risky proposition. Planting tomatoes or flowers in the garden could conceivably lead to hospitalization and eventual death. The everyday mundane processes that any other American goes through on a daily basis takes on a different and dangerous aspect for the citizens of Mossville, because Mossville, Louisiana is known as a “toxic town.”

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BP Oil Spill Crushing Local Businesses

We’ve all seen the BP oil spill footage by now. We’ve seen the boats frantically trying to douse the flames that erupted on the Deepwater Horizon as it burst into flames, killing eleven oil workers. We saw a parade of British Petroleum executives claim that they had everything under control, when in fact they most certainly did not. We’ve seen so-called “top hats” and “junk shots” fail to stop the thousands of gallons of oil that is gushing uncontrollably into the Gulf Coast. We’ve seen the government take private enterprise at its word, if only to placate those in the same government who would howl bloody murder about communist takeovers of private enterprise, and then have those same people howl bloody murder about the government not doing enough. We have seen the results of the entirely too cozy relationship between the oil companies and the Minerals and Management Service. We have seen lax or non-existent oil rig inspections, “meetings” that were simply parties, and an institutional policy of “Do Whatever You Want” put into place. The “emergency measures” that BP had in place were simply cardboard cutouts that were outdated and unsuited to the monumental task. This catastrophic oil leak is the result of years of letting the oil companies do what they want, when they want and how they want, with barely any thought to the consequences.

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BP Oil Spill Crushing Local Businesses

We’ve all seen the BP oil spill footage by now. We’ve seen the boats frantically trying to douse the flames that erupted on the Deepwater Horizon as it burst into flames, killing eleven oil workers. We saw a parade of British Petroleum executives claim that they had everything under control, when in fact they most certainly did not. We’ve seen so-called “top hats” and “junk shots” fail to stop the thousands of gallons of oil that is gushing uncontrollably into the Gulf Coast. We’ve seen the government take private enterprise at its word, if only to placate those in the same government who would howl bloody murder about communist takeovers of private enterprise, and then have those same people howl bloody murder about the government not doing enough. We have seen the results of the entirely too cozy relationship between the oil companies and the Minerals and Management Service. We have seen lax or non-existent oil rig inspections, “meetings” that were simply parties, and an institutional policy of “Do Whatever You Want” put into place. The “emergency measures” that BP had in place were simply cardboard cutouts that were outdated and unsuited to the monumental task. This catastrophic oil leak is the result of years of letting the oil companies do what they want, when they want and how they want, with barely any thought to the consequences.

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Things You Should Know About Social Security Disability

Things You Should Know About Social Security Disability Insurance

As personal injury lawyers, we can tell you from firsthand experience that bad things can happen to perfectly innocent people. We help people who have been severely injured due to no fault of their own on a daily basis. We help them deal with insurance companies. We help them deal with bill collectors. We help them deal with the legal process. And we do this simply because if we don’t, their chances of receiving fair treatment are very much diminished.

Our government came to a similar realization. There are simply too many variables in human life for all of our citizens to go without some sort of basic protection in the event that things go wrong. People get sick or injured on a daily basis, and they get sick or injured in such a way that keeps them from working or otherwise supporting themselves. To keep these injury victims from falling through the cracks, our government established the Social Security Administration.

Most people know that Social Security is a government backed program that provides supplemental income to all Americans once they get to retirement age. They are less aware that Social Security provides coverage to people of all ages who suffer disabling injuries and are as such are unable to provide for themselves. Many people are also unaware that these benefits can also extend to their immediate families.

If you find yourself unable to work for a year or more due to a medical disability, you may be eligible to receive Social Security Disability payments. These benefits are paid up until the point where you are able to work again (if that is possible.) You can apply for SSDI benefits is if your injury is permanent and has lasted for at least one year.

In order to qualify, you  have to meet the Social Security Administration’s definition of “disabled.” In broad terms, what this means is the following:

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Questions on Water Contamination

Maryland Water Contamination Lawyer

Learn more about water contamination and your legal rights. Information provided by Greenberg & Bederman.

Frequently Asked Questions

Greenberg & Bederman is a Personal Injury Law Firm located in downtown Silver Spring, Maryland, one block from the Metro Station, and one mile from the Washington, DC line.  For a free water contamination legal consultation, please contact Greenberg & Bederman.