Washington DC Metro Injury & Disability Lawyer & Attorney : Greenberg & Bederman : Accidents, Falls, Medical Malpractice : Maryland, DC, Virginia

Wrongful death in a medical malpractice.

Medical malpractice is a serious issue in our hospitals and is a leading cause of wrongful death. Over 225,000 people die from medical malpractice related injuries in a single year. A US Department of Justice report in 2007 noted that the number of payouts stemming from medical malpractice cases increased 40%. According to a new study by the Department of Health and Human Services (DHHS) Agency for Healthcare Research and Quality (AHRQ) one of every ten patients nationwide who died within 90 days of surgery did so because of a preventable medical error. The study also found that those same errors cost nearly $1.5 billion annually. We are taught to trust doctors and follow their advice as it pertains to our health. After all, doctors go through an extensive course of training, pass a medical board exam and complete several years of residency, which thoroughly prepare them to treat and protect our health. Unfortunately, despite all of these safeguards, medical errors are all too common.

Medical error may turn a routine medical procedure into a tragedy. Generally, a medical error is not necessarily medical malpractice. A deviation from the standard of care is what makes a medical mistake a potential malpractice claim. This is known as medical negligence. Some medical errors include surgical malpractice, medication errors, bacterial infections, birth injuries, dental malpractice and diagnosis errors. Often, preventable medical mistakes result from staff failure to follow standard policies and procedures. Some suggest that medical errors occur due to lack of sleep. Others believe that the doctors service too many patients in too short a time. After being on duty for many hours, physicians, nurses and other medical workers may not communicate well due to fatigue, or time constraints with the numerous patients.

Many states have enacted “apology laws” for healthcare workers. These laws provide for open expression of regret, sympathy or compassion by physicians and other healthcare providers without fear of such apology being used against them in a malpractice suit. These laws are purportedly designed to diminish the number of lawsuits against medical workers by providing families and friends of victims with a sense that the medical provider regrets the unfortunate or tragic outcome of the medical error. The apology laws are designed to encourage healthcare providers to speak candidly with the victims. These laws conflict with the advice given to medical providers by their malpractice insurance carriers who advise doctors not to admit any errors unless they are protected by legislation. Moreover, many hospitals waive costs of medical bills when involving medical errors with the patient.
 

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SOCIAL SECURITY OBESITY AS A DISABILITY

Quite a few years ago, there was an episode on The Simpsons in which Homer gained a ton of weight, grew out of his trousers and resorted to wearing muu-muus. He lost his job, and went on social security disability. As always on The Simpsons, it was an off the hook parody. But, as is the case in good parody, there were kernels of truth in the mix.

At the time the episode was aired, there was a Listing of Impairment for obesity. If you could prove you were overweight enough to satisfy the weight tables, had documented arthritis of any weight bearing joint, and had pain and limitation of motion in that joint...poof... you were disabled. Many judges disliked that listing because they thought it encouraged lawyers to feed their clients doughnuts by the dozen.

After the Simpsons episode, the Social Security Administration (coincidently?) eliminated the obesity listing. Obesity is still a consideration in determining disability but it no longer has its own listing. However, according to the SSR (Social Security Ruling) 02-1p, obesity, by itself, may be medically equivalent to a listed impairment (or, in the case of a child applying under title XVI, also functionally equivalent to the listings). For example, if the obesity is of such a level that it results in an inability to ambulate effectively, as defined by the regulations, if may be equivalent to a listing.

The Social Security Administration recognizes that obesity can cause limitation of function. The functions likely to be limited depend on many factors, including where the excess weight is carried. An individual may have limitations in any of the exertional functions such as standing, walking, sitting, and lifting. It may also affect ability to do postural functions, such as climbing, balancing, stooping, bending, kneeling and crouching. The ability to engage in fine manipulation may be affected by the presence of adipose (fatty) tissue in the hands and fingers. Additionally, the ability to tolerate extreme heat, humidity, or hazards may also be affected.

 

Other effects of obesity may not be obvious. For example, some people with obesity have sleep apnea. This can lead to drowsiness and lack of mental clarity during the day. Obesity may also affect an individual's social functioning.

So, while obesity no longer has its own listing, it must be taken into consideration. The ruling regarding obesity is somewhat involved. If this is a topic that pertains to you, I suggest you check for more information on www.ssa.gov , post an inquiry, or email me a question.  

 

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Tort Reform II

Tort reform ranges from legislation that directly affects certain areas of tort law, such as medical malpractice, to changes in various rules, defenses and limits applicable to cases that can impact how much an individual or a group receives in damages.  Some of the tort reform proposals to date and laws based on the idea of tort reform have involved limits on punitive damages or non-economic damages in personal injury cases, moving class action lawsuits from state to federal court, or limiting frivolous lawsuits. In February, President Bush signed a sweeping overhaul of the class-action lawsuit process (Senator Obama was one of the 18 Democratic senators who voted in favor of the bill when it was in the Senate). Only a minority of tort cases will be affected by these laws, but the people affected really need the compensation and/or have been done an egregious wrong. Reform opponents argue that the current legal system produce safer products and drugs. They claim that if the right to sue is restricted, it may result in people not having the resources to get into the courts and businesses will have much less incentive to provide safe products.In the area of medical malpractice, tort reform advocates claim that insurance premiums will decrease, making medical care more affordable and eliminating a disincentive for doctors to practice medicine. In contrast, tort reform critics contend that high medical malpractice insurance rates are a result of the cyclical nature of the insurance industry, lack of competition, mismanagement of reserves, and a decline in investment income. Here are some of the tort reform issues:

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Ever wonder how much you’ll receive in retirement benefits from Social Security? Now you can find out the answer. Recently, the Social Security Administration (SSA) added the retirement estimator to its website. The estimator is a planning tool that permits you to get a personalized estimate of your potential Social Security retirement benefit.

It is tied to your actual earnings record so you do not need to enter years of earning information. Your reported earnings are automatically accessed.

The Social Security Administration maintains that the site is secure. According to the Social Security Administration, the estimator does not reveal any personal information such as your address, earnings, or other information. The estimates are only provided online. And, for security reasons, there are time limits for viewing each page. After 25 minutes without any activity, you are given a warning.

The estimator is not for everyone. It is intended for use by those you are not receiving benefits (including medicare) on their own social security record and have enough credits to qualify for benefits. If you are subject to an offset based upon a pension, it is not for you.

One benefit of the estimator is that you can compare different retirement options by entering different dates of retirement or expected earnings. But, keep in mind that estimates are just estimates. The estimator is not adjusted for inflation and it bases its estimate on projected earnings.

To access the retirement estimator go to www.ssa.gov and click on retirement.

To learn more about social security disability law issues please click social security law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyer maryland, and read our firm bios on Dory Sutker or Suja Varghese.

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Medical Malpractice – Cerebral Palsy

Cerebral Palsy is a term used to describe a group of disorders caused by brain damage that affect body movement and muscle coordination. It is a non-progressive disorder which means it will not worsen over time, nor will it be cured. Brain damage that causes Cerebral Palsy can happen during pregnancy, the birth, or shortly after birth; and can be attributed to illness during pregnancy, pre-term birth, or a lack of oxygen to the baby during birth. In the early childhood years it can develop due to certain types of infection, a lack of oxygen to the brain, severe jaundice and other factors. Over 750,000 children and adults in the US suffer from some form or show one or more symptoms of Cerebral Palsy. About 8,000 babies are diagnosed with Cerebral Palsy every year. Cerebral Palsy patients are often diagnosed with the disorder before 18 months of age, usually after  parents notice infants have not reached certain developmental milestones such as crawling or rolling over.

Effects/Symptoms

Some of the effects of Cerebral Palsy are involuntary muscle spasms, awkward gait, poor balance, difficulty swallowing, sight or speech impairment, seizures, abnormal sensation and perception, or mental retardation. Additionally patients with Cerebral Palsy may experience difficulty with bladder and bowel control, difficulty eating, skin disorders, breathing problems because of poor posture, or learning disabilities.

Types of Cerebral Palsy

There are three main types of Cerebral Palsy: spastic, athetoid, or ataxic. Spastic cases, the most common, affect 70 to 80 percent of Cerebral Palsy patients, and are further broken down into three categories. Patients whose lower extremities are affected more so than upper are classified as spastic diplegia;  patients who experience difficulty with only one side of the body are classified as spastic hemiplegia; and patients whose whole body is affected are classified as spastic quadriplegia. Cases of athetoid Cerebral Palsy affect roughly 20 percent of Cerebral Palsy patients. Its characterized by involuntary motions, trouble holding a steady position, or slow, writhing movements. Such patients often have difficulty getting their hands to a certain spot or holding on to objects. Ataxic cases are far less common, affecting less than 10 percent of Cerebral Palsy patients. Affecting balance and depth perception, ataxic Cerebral Palsy patients have difficulty walking steadily or when trying to execute a swift movement. Basic motor skills may also present difficulty.

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Tort Reform I

Before we can understand tort reform, we must first understand what tort law is. Tort law seeks out those responsible for harm to others, usually on the basis of fault. Tort law, or personal injury law, requires those who are responsible to compensate, usually with money. Medical bills, lost time from work, diminished ability to perform every day chores, and the incapacity to enjoy recreational or daily life all are considered for compensation. It is especially difficult to put a price tag on a wrongful death case, as no amount of money can ever make the family completely whole again.

Typically American courts expect a jury to ascertain the damages in a tort case. Juries are comprised of ordinary citizens who are expected to fairly determine fault, and to place a monetary value on the compensation to the tort victim. Juries can arrive at different verdicts when hearing a similar case under the same circumstances. Just as we all do, jurors often bring their own biases that may hurt or help your case. This unpredictability can bring a wide range of results to your tort case.

One of the main determinations a good plaintiff’s attorney will make is choosing a good venue. Some plaintiff friendly venues include West Virginia, Cook County, Illinois, South Florida, and Atlantic County, New Jersey. Sometimes juries award high monetary awards in punitive damages. Punitive damages are different than compensatory damages. Punitive damages are designed, as the name implies, to punish the offender. Remember the famous “pants case’ where an administrative law judge sued his dry cleaners for $54 million for misplacing his pants? He cited the District of Columbia’s consumer protection law to justify his outrageous demand. This case went on for two years and took a two-day trial before it was rightly dismissed. Ah, the Tort system at work.

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Social Security Earning Statement
If you are a worker or former worker over the age of 25, chances are good that you have received a social security statement. This statement is a record of the earnings on which you have paid social security taxes during your working years. It also includes a summary of the estimated benefits you and you family may receive as a result of your earnings.

These statements are automatically mailed to workers (and former workers) on an annual basis. You should review it carefully to make sure that all the information is correct. Make sure your name and date of birth are correct. Also check to insure that all your jobs are listed. Employer errors could keep you from getting all the Social Security benefits you have earned so it is important to identify and report mistakes as soon as possible.

If you did not receive a statement or if you want to request another one, you can do so using an online form. Simply visit www.ssa.gov. Your earning statement will be sent to you by US mail in 2-4 weeks. You will need to have the following information available:
name as shown on your Social Security card
Social security number
Your date of birth
Your place of birth
Your mother’s maiden name

If you automatically receive a statement each year, requesting a statement will stop your next scheduled mailing. You will receive the automatic statement the following year.

To learn more about social security disability law issues please click social security disability law.  To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.

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Pain, Depression, Anxiety and Social Security Law


I’m a lawyer not a mental health professional but it seems logical to me that if you are in chronic pain, you are going to be depressed or anxious or both. How can anyone live in pain, day after day, without some degree of depression. After all, your life has changed drastically. Pain interferes with your daily activities and intrudes into every aspect of your life. Naturally, you are going to be depressed about that.

Depression can cause work-related limitations and these can be important in determining whether you meet social security’s definition of disability. But, your depression must be documented and your limitations from depression, if any, need to be ascertainable from the medical record. So, you must talk to your doctor about your depression. Get a referral to a psychiatrist or psychologist. It’s important. The best reason to see a mental health professional is that he/she may be able to make you feel better. A secondary reason is that you can document your depression (or anxiety) and demonstrate that it interferes with your ability to perform work-related activities such as concentrate, persist at tasks, maintain a regular pace, work with others, follow instructions, work within a schedule, maintain regular attendance, etc. These are some of the factors Social Security considers in determining whether you are disabled.

It’s important to understand that psychiatrists treat people with a wide variety of mental or emotional problems. Only a small percentage of their patients are “crazy”. A psychiatrist is the specialist best able to diagnose, treat, and determine functional limitations on mental conditions that require medications. This includes persons suffering from depression, mood disorder secondary to pain or other medical condition, and anxiety. Psychologists also treat a variety of conditions and do objective testing. However, in most states, they cannot prescribe medications. If you feel you are not functioning as optimally as your once did, you should seek treatment from a mental health professional.

To learn more about social security disabiliy law issues please click social security disability law.  To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.

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“I always feel like, somebody’s watching me …”

It’s not just a song from the 80’s, folks. I’ve seen many an injured worker and motor-vehicle accident victim take the stand and testify to not being able to drive, lift groceries, do the laundry, etc., and then, fifteen (15) minutes later, see video footage of them doing all those activities and more.

Although the Social Security Administration won’t hire a private investigator to follow you around, they will pay attention to how you behave 

·         when you meet with their representatives at the local offices,

·         when you meet with their doctors while attending a consultative evaluation, and especially

·         while testifying at your hearing with the Administrative Law Judge (ALJ).

As we’ve discussed before, the ALJ will review all the medical evidence, listen to the claimant’s testimony at the hearing, then determine whether the claimant’s testimony as to the frequency and level of severity of the impairment are not only credible and reasonably supported by the objective medical evidence, but prevent the claimant from performing work-related activities.

Want an example of what NOT to do at a hearing?

Hypothetical claimant complains of having constant, severe pain in his neck and lower back, although there was no objective medical cause to be found in his medical records (translation: all his diagnostic testing came back normal.)

At the hearing, he testified to being able to “walk all day, every day, all night, every night, one to two miles.” It could be argued that some movement can help relieve pain, but “all day, every day,” and “one to two miles”? I didn’t buy it, and neither did the judge.

And, to put the last nail-in-the-coffin to destroy any chance of being found disabled, when the ALJ excused this claimant, he proceeded to lift a duffel bag --- the size of an elementary-school child --- up, off of the floor, and over the back of his chair. In fact, when the ALJ saw the claimant do this without any problems, the ALJ asked the claimant “That looks like a heavy bag,” to which the claimant responded “Oh, yes, sir.”

I think you get the picture. And I’ll leave you with this: I’ve heard rumor that there is an ALJ in Maryland who, upon completion of testimony and closing of the hearing, looks out the windows of the building, to observe how the claimant is able to walk/stand/lift/carry when they think no one is watching.

To learn more about social security disability law issues, please see our website at G&B Website-social-security.  To learn more abour our social security disability lawyer in Maryland, please see our website at Website-about-us.

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