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

If you listen to the folks who favor tort reform, it would seem that there is no such thing as medical malpractice in this country. The premise that is thrown into the public discourse again and again is that our legal and medical system is completely under siege from trivial and unnecessary lawsuits. The idea is that every time something goes either mildly or very wrong during the course of a medical procedure, then that doctor is immediately subject to a financially crippling lawsuit, which causes the malpractice insurance rates to go up, which then causes doctors everywhere to quit practicing medicine.

The main players in this supposed disaster is, of course, trial lawyers. If it weren’t for trial lawyers, so the argument goes, everyone would see reason instead of dollar signs after something bad happens at a hospital or doctors office.

This is a very convenient scenario to have out in the public, but we can tell you that this is not even remotely close to how things really work. Greenberg and Bederman does not take on the malpractice case of every single person who has had something unfortunate happen in a hospital, or any medical facility. A number of things can go wrong during a course of treatment, but having something go wrong is not necessarily malpractice. Only when a doctor or other healthcare provider deviates from the standard of care, can there be an investigation into possible medical malpractice.

The truth of the matter is this: Sometimes, doctors, nurse practitioners, nurses or pharmacists make mistakes. Sometimes they make easily preventable mistakes. And sadly, sometimes these easily preventable mistakes cost people their lives.

• Email This
• Print
• Comments
• Trackbacks

Washington Post, 1/5/11-A man has died in an area hospital several days after he was in a Christmas Eve car crash that also killed his father, Loudoun officials said.

Timothy D. Doane, 49, of Harpers Ferry, W. Va., died Tuesday. His father, David Doane, 76, of Tennessee also was killed in the three-car crash. A third man is in critical condition at an area hospital, authorities said.

The accident happened at 3:30 p.m. at Route 9 just west of Creamer Lane.

George Radston, 58, of Ashburn was driving eastbound in a Pontiac when he lost control on a curve, crossed over the roadway centerline and struck a 2010 Toyota Prius with the Doanes inside.

After striking the Toyota, the Pontiac continued to roll, ejecting Radston. He remains in critical condition. The Pontiac also struck a 2003 Volkswagen Jetta, and the 22-year-old driver and her passenger sustained minor injuries.

This is about as bad a scenario as you can get. It appears that the man driving the Pontiac simply lost control. It doesn’t say whether or not he was speeding or driving recklessly, or if he was driving while intoxicated. Sometimes, things just happen. Roads get icy or slippery or tires can lose traction. Not every accident is a cut and dried case of negligence or irresponsibility.

Those situations are the difficult ones to handle. If there isn’t a mistake or a miscue, or if nobody was texting while driving or playing with the radio, what do you do? How is this handled?

• Email This
• Print
• Comments
• Trackbacks

Most reasonable people would not make an important decision without having all the facts. It’s one of the reasons simply getting a job is so difficult these days. Potential employers don’t just want to know your work history. They also want to know your criminal record, and in some cases they want to know your credit score. That might seem like an unnecessary intrusion, but if you happen to be applying for a job as an accountant, your perspective employers might want to know if you are thousands of dollars in debt. Or, if you happen to be applying for a job as a day care worker, the people who run the place would want to know if you happen to have a criminal history of child abuse.

If you were buying a car, you would want to know if the company making it has a history of putting out defective products. If you were entrusting a financial advisor, you would want to know if he had a history of fraud or shady dealings. If you are investing your time or money into something, or if you are entrusting your safety or your children’s safety with someone, having as much information as you can about this person is not just important; it is crucial.

• Email This
• Print
• Comments (1)
• Trackbacks