Maryland’s contributory negligence rule changes everything

Maryland follows a pure contributory negligence standard. Under this rule, you may lose your right to any compensation if an adjuster establishes even 1% fault on your part. 

Adjusters know this. They may ask questions designed to draw out comments about your speed, your awareness or your reaction time. Adjusters can use phrases like “I didn’t see the car” or “I was in a hurry” to assign partial blame. 

What you should never say or sign

The other driver’s insurance company cannot require you to give a recorded statement. Avoid these common mistakes before speaking with an attorney:

• Downplaying injuries: Saying “I’m fine” can undercut a later claim for pain and suffering.
• Accepting quick settlements: Early offers rarely account for future treatment or lost wages.
• Signing broad medical releases: These forms may expose your full medical history, not just records tied to the accident.
• Speculating about fault: Guessing out loud can lock in assumptions that hurt your case.

Adjusters may record casual remarks and use them during negotiations.

Know your statute of limitations

Maryland law sets a strict deadline for filing a personal injury lawsuit. Under Maryland Code, Courts and Judicial Proceedings § 5-101, you have three years from the date your injury occurs to file. If adjuster negotiations run past that deadline without a lawsuit on file, your claim may be permanently barred. 

You should also ask about Personal Injury Protection (PIP) coverage, which Maryland insurers are required to offer and which covers medical bills regardless of fault.

Talk to an attorney before the adjuster calls again

The steps you take in the first days after an accident can affect your entire claim. An attorney can help you understand your options before you say something that limits your recovery. For guidance on your personal injury claim, speaking with a lawyer may clarify how Maryland’s strict rules apply to your situation.

Defining DUI and DWI under Maryland law

Maryland separates impaired driving based on the degree of alleged impairment. A DUI charge often relates to a blood alcohol concentration (BAC) of 0.08 or higher, or other signs that suggest stronger impairment.

A DWI charge may apply when alcohol affects driving ability, but the BAC falls below 0.08. Officers may review driving behavior, physical signs and test results when deciding which allegation applies. The main difference focuses on the level of impairment rather than the reason for the stop.

Comparing penalties, procedures and administrative outcomes

The charge level can influence what happens after an arrest. In Maryland, you can encounter both criminal court proceedings and administrative action through the Motor Vehicle Administration. Depending on the allegation and case details, the process can include:

• Reviewing potential fines or jail exposure linked to the charge
• Addressing license suspension or ignition interlock requirements
• Managing separate timelines for administrative hearings and court dates
• Preparing for evidence such as alcohol test results or officer observations

These tracks can proceed concurrently but follow different procedures.

Key considerations after a DUI or DWI charge

After an arrest, you may review the charge listed in your paperwork and look for deadlines linked to license suspension or administrative hearings. The difference between DUI and DWI may affect issues such as ignition interlock use or limits on driving privileges. Understanding these details may give you a clearer context as you consider your next steps.

Maryland’s legal requirements for resident protection

Maryland law says that nursing homes must protect all residents from harm, including abuse from other residents. According to Maryland Code, Health-General §19-1401, nursing homes need to provide a safe environment and watch over the residents carefully. This means they must protect residents from each other, not just from the staff. If a nursing home does not meet these standards, the state could fine or sue them for being careless.

How nursing homes must assess and prevent resident aggression

Maryland has rules that say nursing homes must check all residents when they first arrive and regularly after that. These checks are to find out:

• If any residents are likely to be aggressive or have behavior problems
• What might cause a resident to become aggressive
• What steps does the home take to prevent residents from harming each other
• If there are enough staff members to watch the residents properly
• What specific things need to be in a resident’s care plan to deal with behavior issues

These checks are meant to stop residents from harming each other by planning ahead and acting.

What families can do when nursing homes fail

If a nursing home in Maryland does not prevent residents from abusing each other, families have legal options. The Maryland Office of Health Care Quality will investigate complaints and can punish nursing homes that break the rules. Families can also sue the nursing home for negligence, asking for money to cover injuries, emotional suffering, and other damages caused by the nursing home’s failure to protect their loved one.

Recent court cases in Maryland have shown that nursing homes can be responsible for resident-on-resident abuse. In these cases, the courts said that the nursing homes were negligent because they did not watch aggressive residents closely enough, create proper care plans for residents, respond quickly when incidents happened or have enough staff members.

Standing up for your loved one

Even in nursing homes, bullying and aggression can happen. You have every right to expect the nursing home to protect your family member. While Maryland law provides good protections, family members often need to stay vigilant. By understanding these legal rights and working with lawyers who focus on nursing home neglect, you can help make sure your loved one receives safe and respectful care.

However, when looking at basic two-vehicle collisions, the type of crash that occurs is a critical consideration. The way in which the two vehicles strike one another has a direct impact on the likelihood of a deadly outcome.

The angle of approach is a key factor

Head-on collision often cause devastating damage to vehicles. If someone in one of the vehicles chooses not to use safety restraints, they are at risk of getting thrown from the vehicle.

However, head-on collisions are relatively rare. Additionally, vehicle manufacturers install systems intended to protect vehicle occupants in the event of head-on collisions. Therefore, head-on collisions are the second deadliest type of crash. They cause 29.9% of reported traffic fatalities.

Rear-end crashes are even less likely to prove deadly. While they can cause fatal injuries, especially at high speeds, they are only responsible for 17% of all traffic fatalities. Sideswipes and other minor collisions are responsible for just 8.2% of all fatalities in traffic.

Angle collisions, also known as T-bone crashes, are the deadliest type of collision. One vehicle strikes the side of another, the chances of mortality are higher. They account for 44.8% of all fatal crashes. The lack of standardized side-impact safety systems, such as airbags, contributes to the high fatality rate of angle collisions.

Even if an angle collision isn’t fatal, it could cause serious injuries and leave a vehicle unsafe to drive. People who are aware of risk factors, including what makes a collision more dangerous, can protect themselves in traffic. They can also take appropriate steps in pursuit of financial compensation after a collision.

Filing an insurance claim or a personal injury lawsuit may be possible after a side-impact car crash. The driver at fault for the collision usually needs to compensate the people affected by the incident.

The key concern at issue when determining whether a placental abruption results from medical negligence is whether the health care provider in question failed to meet the accepted standard of care. Doctors and nurses are trained to recognize signs of placental abruption, especially in higher-risk pregnancies. Warning signs can include vaginal bleeding, abdominal pain, rapid uterine contractions and fetal distress. If a provider fails to monitor these symptoms or dismisses them as normal pregnancy discomfort, they may miss an opportunity to intervene early and prevent harm.

Abruptions happen, and sometimes they are legally actionable

Some placental abruptions develop suddenly and may not be preventable, even with the best medical care. However, there are known risk factors that call for heightened vigilance. These include maternal high blood pressure, trauma (such as from a car accident), smoking, cocaine use, previous history of abruption and premature rupture of membranes. When these risks are present, providers are expected to monitor more closely and act swiftly if complications arise.

Malpractice may also be at issue if a proper response to an abruption is delayed or mishandled. Once an abruption is suspected or diagnosed, immediate evaluation and often emergency delivery are necessary. A delay in ordering diagnostic tests, contacting an obstetrician and/or arranging for an emergency cesarean section can lead to severe consequences, including stillbirth, brain injury due to oxygen deprivation or maternal hemorrhage.

Medical malpractice cases involving placental abruption are complex. They require expert review of medical records, fetal monitoring strips and the timeline of events. Not all adverse outcomes are the result of negligence, but when a doctor or nurse fails to recognize clear signs or respond appropriately, they may potentially be held legally liable for the resulting harm.

They don’t discuss the case with an attorney or look at their options for fighting the charges. Even though they insist that they are not guilty, they enter a guilty plea in the hopes of limiting the penalties that they face or minimizing their costs related to court. Quite a few people may be able to avoid criminal convictions if they have the right support when responding to pending charges.

What are some of the most common and effective responses to pending criminal charges?

Negotiating a plea bargain

Many people who eventually plead guilty do not leave themselves at the mercy of the courts. Instead, they retain an attorney who negotiates with the prosecutor’s office. A criminal defense attorney can negotiate arrangements in which the state reduces the charges brought against a defendant or limits the penalties that the courts may impose. A plea bargain may even entail limiting what information the prosecutor submits to the courts. Plea bargains are often a means of limiting the long-term consequences of criminal charges.

Undermining the state’s case

Depending on the charges that someone faces, there may be many types of evidence used to prove that they broke the law. A defense attorney can help evaluate that evidence. They can bring in professionals like forensic accountants to conduct a secondary review. They can hire expert witnesses to show that the state made mistakes when analyzing the evidence. In some cases, they can even keep certain evidence out of court by showing that police officers violated the law or the rights of a defendant during an investigation.

Building an affirmative defense

Sometimes, the law extends a degree of leniency to people who make difficult choices. There are scenarios in which behavior that is typically illegal is not a criminal offense. Those scenarios include when people use physical violence to defend themselves against an imminent threat of harm. An affirmative defense involves presenting a different perspective about a criminal incident. In cases where the state has strong evidence but there are special considerations, an affirmative defense may be the best option available.

Reviewing pending charges and the evidence gathered by the state with a skilled legal team can help people develop effective criminal defense strategies. Defendants who have support early in the criminal process can potentially defeat their pending charges or minimize the consequences that they’re facing.

Maryland has specific laws on surveillance and privacy, and nursing homes may also have their own policies. These laws and regulations make using hidden cameras legally complex. Before installing a nanny cam, it is essential to understand how Maryland law views this approach. 

Maryland laws on hidden cameras in nursing homes 

The Old Line State is a “dual-consent” state when it comes to audio recordings. This means all parties involved must consent before any audio can legally be recorded. This law applies regardless of whether the recording occurs publicly or privately. 

However, hidden cameras that only record video without sound exist in a different legal space. While the state does not have a specific law that prohibits placing a video-only camera in a private nursing home room, the legality can depend on factors such as whether the resident consents and the nursing home’s policies. 

If your loved one is mentally capable of providing consent, you may install a camera in their room, provided the facility’s policies allow it. For residents who cannot provide consent, families should exercise caution and seek legal help to avoid violating privacy laws or facility rules. It is also important to ensure the camera does not record other residents or staff in areas where privacy is expected, such as bathrooms or shared spaces. 

While the desire to help protect your loved one is understandable, using hidden cameras without proper knowledge of Maryland law can lead to legal consequences, including criminal charges or civil liability. If you suspect your loved one is being neglected or mistreated, it is vital to act promptly and within the boundaries of the law. Seeking legal guidance can help you understand your rights and the best course of action to help ensure your loved one’s safety while avoiding potential legal pitfalls. 

Ideally, the people working in nursing homes should be trustworthy and diligent individuals who make the comfort and safety of residents their top priorities. The residents depend on timely and compassionate support for their daily needs. All it takes is one bad hiring decision to completely shift the standard of care and quality of life at a nursing home facility. One malicious individual could torment multiple residents. A professional struggling with burnout might cut corners and ignore requests from residents in need of support. Addicts might steal medication or resources from vulnerable residents.

How do unreliable, and even dangerous, people manage to obtain jobs at nursing homes?

Understaffing leads to poor hiring choices

For multiple consecutive years, there has been a dangerous shortage of nursing home professionals. Facilities have a hard time hiring new professionals and retaining the people they have on staff. The combination of high levels of demand on the workers and low pay makes it very difficult to recruit and retain nursing home employees.

Those handling the hiring at a nursing home may rush through the background check process and could easily miss warning signs such as a history of terminations or a prior criminal record. The result of those oversights could be a dangerous individual with direct access to vulnerable people in a facility where they should be safe. Workers with questionable backgrounds and minimal oversight can steal from residents, physically abuse them and neglect their care needs.

In scenarios where the neglect or abuse of an older adult directly connects to the conduct of a single employee, it may be possible to take legal action against the nursing home. Failing to properly screen employees can be as negligent as overlooking complaints about the conduct of individual workers.

Nursing home neglect and abuse can lead to harm for the most vulnerable people in society. Families that take legal action can potentially force companies to change their practices while simultaneously pursuing compensation for the harm that their loved one has endured.

Generally speaking, medical professionals have the ability to identify concerning warning signs of issues during labor and the tools necessary to take action to protect both mother and child. Women and their partners generally expect to have better obstetric outcomes when they have a physician attending to them. Unfortunately, that isn’t necessarily what happens. Sometimes healthcare professionals make significant mistakes that cause birth injuries. The following are some of the most common reasons that healthcare providers might be to blame for a birth injury.

Failing to take appropriate action

Birth is largely a natural process that progresses on its own in most circumstances. However, there are scenarios in which the efforts of medical professionals might be the only way to protect both the mother and her unborn child from an adverse outcome. Fetal heart rate monitoring and regular interactions with the mother are typically necessary to monitor the progress of labor. Without proper monitoring, healthcare providers may miss the signs of distress in an unborn child. Their failure to intervene in a timely fashion could potentially contribute to injuries related to fetal distress during labor, like cerebral palsy.

Choosing the wrong interventions

There are numerous types of medical support that labor and delivery professionals can offer in a hospital or birth center. Sometimes, physicians choose the wrong types of medical support. They might give a patient a medication that isn’t appropriate for use during labor or choose an intervention that is too aggressive given the circumstances. The choices that doctors make can end up worsening the situation and causing serious injuries to the mother or her unborn child.

Improperly administering interventions

Even if a doctor chooses the right intervention and knows when they need to react, they could still make a mistake in the process of assisting the birth. For example, a doctor using forceps to assist delivery could potentially cause injuries to an infant’s neck or eyes. Those injuries could have significant medical implications for the child and major costs for the family.

When birth injuries are the result of a medical professional’s mistakes or negligence, the incident may constitute medical malpractice. Filing a malpractice lawsuit could help families cover the costs created by a birth injury under such circumstances.

For example, did you know there are specific laws about having open containers of alcohol while driving? These laws are called open container laws, and they keep people safe.

What are open container laws?

These laws are, simply put, laws that make it illegal to have open containers of alcohol in the passenger areas of a vehicle while it is being driven or parked on a public road. The laws include any open bottle, cans or container of alcohol.

In Maryland, it is illegal for the driver or any passenger to possess an open container of alcohol in the passenger areas of a vehicle while the vehicle is in motion. These laws apply to having any alcoholic drink or empty container of alcohol in the passenger areas of the vehicle.

Passenger areas

It is important to understand what “passenger areas” means because the laws specifically target these areas.

Passenger areas are any part of the vehicle where people sit or ride. It also includes the glove compartment and the center console.

Exceptions

But what about exceptions? There are certain types of situations when you might see people drinking inside a vehicle where it is legal to do so.

For example, passengers in limousines, taxis or buses are allowed to have an open container of alcohol. In addition, passengers in the living area of a mobile home or trailer are exempt from these laws. Note that drivers may never drink and drive.

Consequences

If law enforcement catches you violating Maryland’s laws in this way, you are subject to fines and penalties. Depending on the specific circumstances, the fines can be as high as $500 for a first-time offense.

Whether or not it is your first offense, it is critical to have an attorney who can represent you and advocate for you because of how the state charges and possibly convicts you, which could have lifelong consequences in many areas of your life.

However, the offense goes on the individual’s driving record, and it could lead to increased insurance rates or the suspension of their driver’s license.

In summary, it is important to understand and follow Maryland’s Open Container Laws to stay safe and keep others safe on the road.

Remember that it is not only you that you are protecting by following the law. It is everyone else in your vehicle, as well as other drivers, that you could hit if you are driving drunk.

Understanding the signs of such neglect and abuse is crucial for ensuring the safety and proper care of elderly individuals in long-term care facilities.

Bruises and lacerations

Bruises, lacerations or other unexplained injuries can be a clear sign of physical abuse or neglect. These injuries might occur due to rough handling, falls or even physical assaults. It’s important to note the location and frequency of these injuries, as they may provide clues about their cause.

Frequent falls

Frequent falls can indicate a lack of proper supervision or assistance. Elderly residents often require help with mobility, and a failure to provide adequate support can lead to falls, which are a significant cause of injury in nursing homes.

Unkempt appearance

A noticeable decline in personal hygiene or a consistently unkempt appearance can signify neglect. This might manifest as dirty clothing, poor dental care or a general lack of cleanliness, suggesting that the resident isn’t receiving appropriate help with personal grooming.

Inappropriate attire

Wearing unsuitable clothing for the weather or occasion can indicate that the resident isn’t receiving proper attention. This might include wearing heavy clothing on hot days or lacking adequate winter clothing in cold conditions.

Malnutrition or dehydration

Signs of malnutrition or dehydration, such as sudden weight loss, dry skin or confusion, can indicate that the resident isn’t receiving adequate nutrition or fluids. This can be due to neglect or intentional withholding of food and water.

Withdrawn or sullen behavior

Changes in behavior, such as becoming withdrawn, sullen or uncommunicative, can be indicators of emotional or psychological abuse. This could stem from verbal abuse, threats or other forms of intimidation.

Bedsores

Bedsores, or pressure ulcers, occur when a person is left in one position for too long without being moved. They are often a sign of neglect in individuals who are bedridden or have limited mobility.

Victims of nursing home neglect or abuse may choose to file legal action in order to demand justice. Victims or their loved ones may, therefore, significantly benefit from seeking legal guidance when mistreatment has occurred.

However, people may set themselves up for very unsafe circumstances by believing that they have avoided distracted driving simply because they don’t reach for their phone at the wheel. What actually constitutes distracted driving?

According to the Centers for Disease Control and Prevention (CDC), the definition of distracted driving includes dozens of different activities, not just the manual use of a phone or other smart technology while driving. The CDC breaks distraction down into three different categories.

Manual distraction is any activity that takes someone’s hand off of the wheel, such as reaching for a cup of coffee or trying to grab something out of a briefcase in the backseat. Visual distraction occurs when someone takes their eyes off of the road, possibly to make eye contact with a passenger or gawk at a crash nearby. Finally, cognitive or mental distraction involves thinking about something else, such as preparing for the work day ahead or daydreaming about the weekend.

Activities ranging from eating and grooming oneself to singing along with the radio are dangerous distractions that increase someone’s reaction time and therefore the likelihood that they will cause a major collision. People need to avoid using their phones while driving to ensure their safety, but also need to avoid other activities, as there is no safe way to multi-task while driving.

Drivers who recognize how important maintaining their focus actually is will have an easier time identifying and avoiding potentially distracting activities while at the wheel. They may also have an easier time identifying scenarios in which someone else is to blame for a crash because they drove while distracted.

Plenty of people recognize that delivery drivers and commercial truckers are at greater risk for a crash at work than the average person because they spend their entire shift at the wheel. What people fail to realize is that anyone who drives as part of their job, from social workers performing home visits to managers running to the bank for change is that this kind of travel represents an increased risk of injury and death while working, as car crashes are a top cause of worker fatalities and severe injury across all industries.

Who pays after a crash on the clock?

Most workers are protected by workers’ compensation coverage if they are on the clock when they get hurt. A workers’ compensation claim can help cover someone’s medical costs fully so that they don’t have any out-of-pocket expenses. They can also receive a portion of their lost wages. However, the state only replaces a certain percentage of someone’s lost income, and even that percentage is subject to a strict maximum benefit limit. Even if a driver was technically the one at fault for a crash, workers’ compensation coverage will typically protect them.

If they are not the one at fault, then they may have other options for covering their collision-related expenses. The liability coverage of the other driver can help pay for any expenses that workers’ compensation doesn’t cover, including the remainder of someone’s wages. Workers’ compensation typically won’t cover property damage either, which will make an insurance claim worthwhile. Many people don’t carry much insurance, and some people don’t have any active coverage at all. Sometimes, workers hurt in a collision while working need to file a lawsuit against the driver at fault for the crash when their insurance coverage isn’t enough given the extent of the damages caused.

Reviewing the situation that led to someone’s injuries and estimating the full financial impact of a car crash will both be important steps to take when an injured employee has to worry about minimizing their financial losses related to a work injury.

Birth injuries can occur before, during, and after delivery. Recent statistics reveal that of the 1,000 babies delivered in the U.S., 6.6 of them suffer a birth injury. Birth injury stats from the National Institutes of Health (NIH) cite four out of 10,000 spontaneous vaginal deliveries involve children with birth injuries.

When trusted professionals fall short

The tragedy of birth injuries is that many are entirely avoidable, with countless cases of medical malpractice or errors playing a significant role when professionals fail to do the following:

• Failing to anticipate complications during the birth
• Take care of maternal infections and other health conditions during pregnancy
• Report any level of fetal distress at the time of delivery ranging from oxygen deprivation or abnormal heart rates
• Proactive responses to material/fetal bleeding
• Improper use of equipment, including forceps and vacuum extractors
• Ordering a medically unnecessary cesarean (C) section

More severe and potentially disabling problems can occur as well and include:

• Brachial Plexus injury that results in shoulder dystocia leading to weakness and immobility
• Cerebral Palsy (CP) through poor management of the umbilical cord, placenta, or uterine rupture, reducing functions and resulting in a lifetime of disability
• Hypoxic Ischemic Encephalopathy (HIE) results in brain dysfunction caused by a lack of blood flow or oxygen that can lead to various cognitive impairments
• Spinal cord injuries, particularly in the neck, are far too common in newborns that lead to reduced sensation, spasms, and overall weakness
• Bone fractures, with the collar bone being the most common, resulting in dystocia or breech births

Suspecting a birth injury could be the first step toward calling for an investigation. The complexities and challenges require help from a skilled, experienced attorney and successfully pursuing medical malpractice lawsuits following a tragic and heartbreaking event.

Holding negligent medical professionals accountable is essential to justice and sends a message to negligent healthcare providers.

Of course, the judge or jury in your case, whichever is ultimately going to decide your fate, is tasked with considering this testimony and determining how reliable and powerful it is in light of the circumstances. That’s why if you want to protect yourself as much as possible at the trial, you need to be prepared to address witness credibility. After all, if you don’t attack when you have the opportunity to do so, you could be subject to an otherwise avoidable conviction.

Ways that you may be able to attack witness credibility

If you want to create doubt in the prosecution’s case, you should be sure to address witness credibility. If you’re able to successfully draw the reliability of the prosecution’s witnesses into question, you can significantly diminish their case and increase the chances that you’ll be acquitted.

But how do you influence witness credibility? Here are a few options that may be available to you:

• Criminal history: If the witness has a criminal history, you may be able to bring their credibility into question, especially if that history involves dishonesty. This is the case when an individual has been previously convicted of fraud, forgery or false reporting.
• Prior inconsistent statements: Making a witness contradict themselves is one of the most powerful ways to attack witness credibility. This is often teed up through depositions, where you lock in a witness’s testimony. Once you have that depositional testimony, you can refer back to it at trial if the witness is inconsistent in any way. Even seemingly minor inconsistencies can prove to be immense in your case.
• Bias: In many cases, the prosecution calls to testify one or more witnesses who are completely biased against the defendant. Sometimes, the witness and the defendant have a bad relationship that taints the witness’s perception of the defendant, and, under other circumstances, the witness is biased against the witness’s race, gender, religion or ethnicity. It’s crucial to point these biases out to the judge and jury so that the witness’s testimony can be taken with a grain of salt.
• Motivation: Some witnesses are motivated to testify against the defendant for one or more reasons. Maybe a criminal conviction will help the other parent of the defendant’s child secure sole physical custody of the kid. Or maybe the individual who is testifying against the defendant was also under criminal investigation but was able to sidestep charges by agreeing to testify against the defendant. In these circumstances, you need to highlight the motivation and paint a picture of how it renders the witness’s testimony suspect.

Take control of your criminal defense

There are a lot of moving pieces to a criminal defense. And overlooking or inadequately addressing even one of them can leave you at risk. That’s why you should be diligent in taking control of your case and diligently creating the strong legal arguments that you need to aggressively push back against the prosecution.

That can be a daunting task, but it’s one that you have to be willing to accomplish if you want to protect your future. The good news is that you can find assistance in building your case by reaching out to a legal team that has proven itself strong in handling these types of cases.

Although legal action may be able to eventually provide you with some relief, you’re not guaranteed to win your case. You may come up against an aggressive defense that threatens to block your recovery. With that in mind, then, you need to carefully think about what you can do to protect your interests and build your personal injury claim.

What can you do now to start crafting your legal claim?

There are a lot of things that you should and shouldn’t do if you’re thinking about taking legal action. Let’s look at some of them here:

• Talk to witnesses: You’re going to need evidence to support your case, and a lot of that evidence is probably going to come from witnesses. So, make sure that you talk to these individuals to get a clear sense of what they saw and how that will factor into your case. Also, be sure to take down their contact information so that you can contact them later if you need them to be a part of your case.
• Obtain your police report: The police report that was generated after your accident will have a lot of helpful information. It may contain contact information for witnesses, but it’ll also have the officer’s opinion as to the cause of the wreck. This can help you establish fault and liability.
• Retain your medical records and bills: Even though you’ll have to spend a significant amount of time presenting evidence to show liability, you’re still going to have to prove the extent of your damages. When it comes to your medical expenses and need for future care, the best way to do that is to follow your doctor’s recommendations, retain your medical records, and keep track of all medical-related payments that you make.
• Talk to experts: Depending on the complexities of your case, you may need one or more expert witnesses to help you present your case. This may be a medical professional, an employment expert, or an expert in accident reconstruction. These individuals may make all the difference in your case since their testimony is often given a significant amount of weight.
• Be careful of what you say and how you act: Remember that the defense is going to be looking for ways to reduce its risk and avoid liability. One way that they’ll try to do this is to shift the blame back onto you. Your words may be taken out of context and your driving actions may be portrayed in such a way as to make it look like you’re to blame for the wreck. If the defense is successful in doing this, then your claim could be significantly reduced or eliminated.

Zealously advocate for the outcome that you deserve

There are a lot of moving parts to your car accident case. And you have to properly address each of them if you hope to maximize your chances of recovering the compensation that you deserve. That’s why you may find it beneficial to have an aggressive advocate on your side. If you think that you could benefit from that kind of advocacy, then please consider fully researching your representation options and reach out to those that interest you most.

For every 1,000 babies born in the United States, five will experience harm during birth either from improper use of forceps or a vacuum, or due to an improper medical procedure during delivery. An estimated 3% of all babies have a birth defect or irregularity which may be the result of heredity, the mother’s alcohol or drug intake during pregnancy, or prescribed drugs during pregnancy.

When birth injuries are the result of medical malpractice, it is important for Baltimore-area parents to have the legal resources to determine the best course of action that protects their parental rights and the rights of the baby.

What are the most common birth injuries?

Although babies can suffer from minor injuries during birth, these usually heal on their own. But oxygen deprivation from delayed birth and other birth traumas can cause serious complications that may lead to disability. Some of the most common birth injuries include:

• Cerebral palsy from brain damage before or during birth.
• Erb’s palsy from nerve damage to the shoulders.
• Kernicterus, which is brain damage from untreated severe jaundice.
• Spinal cord injury, from improper use of forceps or vacuum extraction.

Babies who have developed a condition may show telltale signs of birth injury, such as:

• Weak reflexes
• Arched back while crying
• Stiff muscles
• High-pitched crying

Injured babies may experience seizures, and as they grow older, they may miss important developmental stages.

How do you determine the merits of a medical malpractice claim?

When filing a medical malpractice claim, this will involve proving medical negligence on the part of the healthcare provider, hospital, or medical personnel that can occur before, during, or after birth. The injured party must show that the medical professional:

• owed a duty of care to the baby, and in some cases, the mother.
• breached this duty by acting or failing to act as a reasonably competent individual would.
• caused harm to the baby through this breach.

Diagnosing the cause of the birth injury will require expert medical examination and testimony. Being able to establish a clear link between the injury and the caregiver’s actions can also be challenging. It is also important to bear in mind that the statute of limitations for a medical negligence claim for children 11 and older is the lesser of five years from the date of injury or three years from discovery.

U.S. plans to address nursing home care with new plan

The Department of Health and Human Services (HHS), under guidance from the Biden administration, will take steps to improve conditions in nursing homes. This largely stems from problems that came about amid the challenges over the past two years, but other concerns have long been in place. The Centers for Medicare and Medicaid Services (CMS) is set to enact basic standards of care. This will be done within a year after studies have been completed to assess problems that must be addressed.

Among the potential changes are less crowding and implanting various safeguards regarding treatment and medication. Currently, the government has the right to conduct inspections of nursing homes, but that would be enhanced as would financial consequences for facilities that are derelict in their duties. It could rise to as much as $1 million. Staffing is a primary area of focus. This has been noted as a worry for almost every nursing home that was surveyed by the American Health Care Association. Sufficient staffing goes beyond simply having workers present, but extends to qualified workers with a good work history.

If nursing home wrongdoing is suspected, knowing what can be done is key

People who believe their loved one was abused or subjected to nursing home neglect might not be sure what they should do. There are steps that must be taken and a process to follow to investigate the allegations, gather evidence and move forward. Since every case is different, it is vital to have help with tailoring a strategy based on the situation. If, for example, a loved one fell because they were left alone in the shower, this would require a different plan than if there were bruises and hospitalization because of physical abuse. There may be records of what happened, witnesses and other information that can be fundamental to the circumstances. Having trustworthy and experienced help can be imperative from the outset to determine what happened, who is responsible and what can be done through the legal system.

The consequences of distracted driving

There is a high incidence of injuries in distracted driving car accidents. Nearly four out of every five of the greater than 50,000 annual distracted driving car accidents resulted in injury. On average, approximately 27,000 victims are injured or killed because of distracted driving each year.

Because of the dangers of distracted driving, using handheld cell phones while driving is prohibited. In addition, texting while driving is prohibited as well. Distracted drivers can face fines and may also face civil liability to victims of distracted driving accidents. Drivers should take steps to avoid distracted driving. Drivers should pull over to the side of the road if they are drowsy, only use a cell phone when driving in emergency situations, avoid excessive conversations with passengers while driving and refrain from attempting to multi task while driving or eating while driving.

When a distracted driving has injured or otherwise harmed a car accident victim, a personal injury claim for damages could help the victim recover compensation for their physical, financial and emotional damages. Legal protections can be vital for a car accident victim injured by a distracted driver.

While they are at risk year-round, they are especially in danger in the morning and afternoon when they are heading to and from school. Drivers are constantly reminded of this and warned to be cautious and obey the law. Still, accidents are unfortunately likely to happen. It is wise to know how to keep children safe, but is also crucial to be cognizant of the alternatives after a collision has occurred.

In-person school starts again and with it, familiar road safety challenges arise

The recent health issues have had a dramatic impact on how people function in their daily lives. While these are still worrisome, there is an attempt to return to some semblance of normalcy. With that, Maryland schools are restarting in-person learning, albeit with health and safety precautions.

Kids heading to school are in jeopardy for a possible auto accident. State agencies and safety advocates are reminding drivers of the need to be careful. This is particularly true with school buses and other forms of student transportation.

Statistically, at least 600,000 students across the state use school buses. Drivers are being told to watch for them and follow the rules for stopping when these buses have their rear lights flashing. Drivers can be fined $570 and have three points on their driver’s license if they ignore these laws. The concerns are justified based on research by the National Highway Traffic Safety Administration (NHTSA).

The NHTSA says that between 2009 and 2018, 249 children lost their lives in an accident that happened as they were being taken to school. Fifty-two were using school transportation; 92 were in other vehicles; 100 pedestrians were killed; and four bicyclists died.

The time at which most of these accidents occurred coincided with children going to school in the morning between 6 and 8 a.m. and leaving school between 3 and 4 p.m. In total, more than 1,200 people died in those years in a school transportation accident with 208 pedestrians losing their lives.

Children are inherently vulnerable and after an accident, having advice is vital

Regardless of Maryland Department of Transportation, law enforcement and legislators’ entreaties for drivers to focus on safety and think about children on the road and no matter how many statistics the NHTSA quotes as to how at risk kids are as they are going back and forth to school, there will still be drivers who place their own interests above others and cause auto accidents. That includes reckless behaviors such as ignoring the speed limits in school zones, failing to stop when a bus has its flashers on, texting and driving, driving under the influence, getting behind the wheel while drowsy and more.

After any auto accident, there might be major injuries with medical costs and long-term challenges. There can even be fatalities. To deal with the aftermath of a crash, having advice with how to move forward is imperative. Professionals experienced in these incidents can assess the situation, gather evidence and help with weighing all the options and proceeding.