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Yost Law Legal Blog

Baltimore, Maryland

The Yost Legal Group in Baltimore, Maryland is a multi – service personal injury law firm focusing on serious personal injury and wrongful death cases.

Study Shows North Carolina Hospitals Failed to Reduce Medical Errors

May 26th, 2011

The New York Times recently reported on the findings of a study published in the New England journal of medicine that shows that about 18% of patients in 10 North Carolina hospitals were harmed by medical care between 2002 and 2007, despite those hospitals’ above-average involvement in patient safety improvement programs.

According to the study, programs intended to reduce medical errors and medical malpractice are not having their intended effect. The researchers found that 63% of the medical malpractice injuries were preventable and 2.4% either caused or contributed to a wrongful death.

These findings dramatically highlight the need for better strategies to improve patient safety. The medical malpractice lawyers of The Yost Legal Group have worked with many families devastated by the effects of medical errors such as surgical errors and medication errors, so we especially understand the need for more effort on this front.

Even though many of the medical error injuries the researchers found were temporary and treatable, but even minor injuries can greatly increase medical expenses for families and lead to lost wages. For this reason, The Yost Legal Group is committed to helping victims of medical errors and malpractice get fair compensation for these expenses.

If you or a family has been sickened or injured due to a medical error in Baltimore, please contact the Maryland medical malpractice lawyers of The Yost Legal Group today to discuss the possibility of financial compensation.

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Maryland Hospitals Work to Reduce Preventable Complications

May 20th, 2011

In 2009, Maryland initiated a regulatory program with the goal of reducing harmful and expensive medical complications among hospitalized patients. Working from a list of potentially preventable conditions, state regulators annually track the rate of complications for each Maryland hospital. Those who perform under state averages are awarded a financial bonus; those whose complications track higher than averages are penalized.

The most common medical negligence complication that Maryland patients suffered in 2010 was irregular heartbeat, affecting 286 of every 1,000 hospitalized patients. Post-operative bleeding and renal failure were the second two most common preventable conditions, affecting 13 and 11 out of every 1,000 patients (respectively). According to state data, the lowest-scoring hospital was Prince George’s Hospital Center in Cheverly.

The commission accounts for different types of patients by adjusting its ranking. For example, hospitals that regularly treat large numbers of traumas are graded differently, since complications are more likely.

Carmela Coyle, the president and chief executive of the Maryland Hospital Association, points out that the real mission of these regulation efforts is to identify effective strategies and interventions to prevent infections and other complications. These efforts have helped figures drop, but last year, 49,000 preventable complications still occurred in Maryland hospitals.

If you or someone you know has suffered injury or illness due to medical negligence, please contact the experienced medical malpractice attorneys at The Yost Legal Group today to schedule your free case evaluation.

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Nine Maryland Hospitals Penalized for Preventable Complications

May 18th, 2011

One out of every five hospitals in Maryland experienced higher-than-average rates of pneumonia, infections, and other medical complications in 2010. As a result, nine of these medical centers will be financially penalized by the state’s rate-setting commission. The amount of penalties for 2010 totaled $2.1 million.

The nine different hospitals being penalized are: Shady Grove Adventist, Montgomery General, Prince George’s Hospital Center, University of Maryland Medical Center, Washington Adventist, Civista Medical Center, Doctors Community, St. Joseph Medical Center, and Memorial Hospital.

For hospitals whose complication rates were better than the state average, small bonuses will be awarded. Thankfully, twenty-three hospitals in Maryland will be receiving these bonuses, as part of a broad national effort to tie financial incentives to hospitals’ annual performance in reducing preventable complications.

Regulatory programs like the one Maryland enforces are an essential part of not only protecting patients from medical malpractice, but holding hospitals accountable to higher standards of care. Maryland state regulators annually track 49 different preventable conditions, which are defined as problems “unlikely to be related to a patient’s original admission”: including infections, bedsores, kidney failures, strokes, injuries from falls, and accidental cuts during medical procedures.

If you or one of your loved ones has suffered injury or illness at a hospital due to a medical professional’s negligence, please contact the experienced medical malpractice lawyers at The Yost Legal Group today to schedule your free consultation.

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Pulmonary Embolism

December 20th, 2010

When a blood clot migrates from the lower extremities and blocks the main artery of the lung or one of the lung’s branches, this is known as a pulmonary embolism. The condition of having blood clots in the leg is known as Deep Venous Thrombosis. Some of the factors which increase the risk of blood clots in the leg are inactivity, certain medications, and recent surgery. Even after minor surgery, patients are immobilized for a short time to reduce the chance of a blood clot dislodging and moving quickly to the lungs.

Prevention for blood clots starts before surgery and if hospital personnel and physicians follow proper measures, pulmonary embolisms can usually be avoided. Unfortunately, not all health care providers pay close enough attention to their patients and mistakes can happen leading to medical negligence. The Yost Legal Group recently settled a large case for a husband whose wife died after the hospital did not take necessary steps to avoid a pulmonary embolism following her surgery.

Risk Factors for Pulmonary Embolisms

Knowing the risk factors for a pulmonary embolism is the first step in avoiding one. Combine any of the following four factors and you increase the risk for a pulmonary embolism considerably. The risk factors include:

  • Being overweight
  • Cigarette smoking
  • Long-term immobility such as bed rest or long, sedentary trips
  • High blood pressure
  • Recent surgery

Of specific concern for women is the association of pulmonary embolism risk in pregnancy, taking birth control pills and using hormone replacement therapy (HRT).

Pulmonary Embolism Symptoms

Symptoms of a pulmonary embolism can vary depending on your overall health, the size of the clot and how much of your lung is involved. If you have additional problems such as heart disease or lung disease, the symptoms may be more severe. Typically, pulmonary embolism symptoms include:

  • Shortness of breath
  • Chest pain
  • Cough
  • Wheezing
  • Excessive sweating
  • Swelling in the legs
  • Rapid or irregular heartbeat

If you or a loved one has suffered from a pulmonary embolism after receiving medical treatment, please contact the Maryland medical negligence attorneys at the Yost Legal Group in Baltimore.

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Dog Bites and Attacks

December 16th, 2010

Maryland law requires owners of dogs to act reasonably when keeping a pet. If the dog has displayed any vicious tendency before a dog attack, then the owner was on notice and can be held strictly liable. So long as the owner knew or should have known of the dog’s potential for harming, the owner has no defense to a claim of hard. Vicious propensities do not need to be a prior bite; even prior instances of growling or jumping up on people can be enough. Aggression towards other animals is not enough. If there is no proof of prior vicious behavior, a dog owner can still be liable if they did not act reasonably. Many counties have leash laws and ordinances that impose a duty on owners to control their dogs. Violation of these rules can be grounds for liability. Even landlords who permit dogs on their premises can under some circumstances be held responsible, even if it is not their dog.

Breeds to be Wary

Any dog can bite or attack, but there are some breeds that are more dangerous than others. In 2007, the American Veterinary Medical Association released a study showing that the following breeds of dog were the top 3 most dangerous:

  • Pit bulls – instinct is to lock their jaw on the prey until it is dead
  • Rottweilers – make great guard dogs because they are so aggressive
  • German Shepherds – their intelligence and alertness make them top picks for police K-9 units

Breed alone does not tell the whole story. Often the risk of a dog attack is related to the manner in which the dog has been raised. Sometimes pet owners with good intentions rescue dogs that have been abused and have violent temperaments. Even smaller dogs can cause serious personal injury to the people around them.

Victims of Dog Bites and Attacks

No matter the breed of a dog, dog bites and attacks can have serious consequences. According to a survey conducted by the Centers for Disease Control and Prevention, dogs bite more than 4.7 million people annually and of these, almost 800,000 dog bites are serious enough to require medical attention. In the United States, the groups of people that are attacked most frequently are:

  • Children – most victims who require medical attention after a dog bite are children, many of whom are bitten in the face
  • The elderly – after children, the elderly are the most susceptible to serious dog bites and attacks
  • Postal service carriers – every year 2,851 letter carriers are bitten

If you or a loved one were bitten or attacked by a dog in Baltimore, Maryland, Pennsylvania or the District of Columbia and wish to take legal action for your personal injuries, please contact the experienced Baltimore dog bite attorneys at The Yost Legal Group in Baltimore, Maryland to schedule your consultation.

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Federal Employers’ Liability Act Claims

December 13th, 2010

In 1908, the United States Congress passed the Federal Employers’ Liability Act (FELA), which provides the exclusive remedy for railroad employees injured on the job. Individual state workers’ compensation does not cover employees covered under FELA. Unlike workers’ compensation claims, FELA employs the doctrine of comparative negligence. Comparative negligence allows for workers to collect damages for a work-related injury even when their own negligence played a part in their injury.

Damages in FELA claims

FELA covers all railroad employees that are injured on the job, even if their job is not performed in or around trains. Similarly, FELA covers a wide variety of injuries an employee could sustain at work or in a train accident. Whether an employee loses a limb or experiences a repetitive stress injury, they may recover several types of damages. If an employee can show the railroad failed to provide a safe work environment, he or she may recover:

  • Lost wages, past and future
  • Medical expenses not covered by insurance provided and not already paid by the railroad
  • Pain and suffering, past and future, including damages for disfigurement from scarring
  • Permanent injury
  • Emotional distress

Naturally, railroad companies would like to see FELA disbanded and have long fought for just that. Attempts to replace FELA with worker’s compensation continues but in the meantime, injured railroad workers are still required to show only that the railroad company provided an unsafe work environment and that it was a cause of the worker’s injuries sustained.

If you or a loved one has suffered a work-related injury while employed by a railroad company, please contact the experienced Maryland train accident attorneys at The Yost Legal Group in Baltimore, Maryland.

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Train Accidents

December 8th, 2010

Every 90 minutes, a train accident occurs in the United States. Most of these impacts occur at railroad crossings when trains strike crossing automobiles. Other instances include train-pedestrian accidents, chemical spills and derailments that can injure or cause death to railroad workers and nearby residents. The Federal Rail Administration (FRA) has also cited human error and track problems as top reasons for train accidents.

By contacting a Maryland train accident lawyer like those at The Yost Legal Group in Baltimore, you can learn more about the reasons that train accidents occur and also about the Federal Employee Liability Act Claims (FELA), which is a Federal Law that protects railroad workers and their family’s rights to bring a lawsuit against the unsafe railroad. The Yost Legal Group recently settled a workers’ death case on the third day of trial for a confidential amount of money. In that case, the Amtrak worker was struck by a high speed Acella train that failed to provide an adequate whistle under Amtrak’s own safety rules.

Determining Fault in a Train Accident

Railroads have a duty under Federal Statute to provide a safe work place for their employees. Often workers are exposed to toxic chemicals, repetitive stress injuries from walking on ballast, or placed in harm’s way through inattentive train operation. Frequently this results in claims for mesothelioma, knee replacement, death, or serious personal injury.

Railroad companies have an obligation to the public to operate their trains safely. Railroad crossings must provide operators of cars adequate visibility and warning of approaching trains. Trains usually cannot stop to avoid accidents so proper warning is imperative. If these obligations are not met and a train accident occurs, the railroad company may be responsible for any damages that result from the accident.

Making a Train Accident Claim When a Person Dies

Family members can bring a wrongful death lawsuit after a loved one dies as a result of a train accident. An executor must be appointed by the court to bring a lawsuit on behalf of the deceased person. Usually the deceased will have heirs who would also have the right to bring a claim for their loss A Maryland train accident lawyer can best advise you about your right to bring a claim under the Federal Employees Liability Act or a Wrongful Death Claim.

Please contact the train accident attorneys at The Yost Legal Group in Baltimore, Maryland, if you or a loved one has been injured in a train accident. We will schedule a free consultation for you to discuss the details of your case and work with you to ensure you receive the maximum compensation allowed.

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Birth Defects Due to Pesticides

December 6th, 2010

According to research released in 2009, babies conceived in the spring and early summer are at a higher risk of birth defects, which coincided with a similar spike in pesticide levels during the spring/early summer planting season. Earlier studies have also shown that farm workers with high levels of exposure to agricultural pesticides have reported increased birth defects, pregnancy complications and miscarriages.

Common Pesticide Birth Defects

In the first trimester, and particularly in the first 3 to 8 weeks of pregnancy, an unborn fetus is especially susceptible to developing a pesticide birth defect. However, a pesticide birth defect may occur at any point throughout the pregnancy. Some of the most common pesticide birth defects include:

  • Underdeveloped jaw (Pierre Robin Syndrome)
  • Oral clefts
  • Neural tube defects
  • Heart Defects
  • Missing or deformed limbs

To ensure the safety of your baby, pregnant women should avoid pesticides whenever possible. Both indoor and agricultural pesticides can pose a risk to an unborn fetus, especially from long-term or intense commercial exposure.

If your child suffers from birth defects related to pesticide use, please contact the experienced Maryland birth defect lawyers at The Yost Legal Group in Baltimore Maryland.

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Birth Defects from Computer Industry Chemical Exposures

December 2nd, 2010

Recently, several former Texas Instruments employees claimed their seven children were born with birth defects due to the parents’ exposure to “hazardous chemicals and substances” while working at Texas Instruments’ semiconductor plants. The parents claim the mothers and their unborn children “were exposed at the time of their conception and gestation during … employment at Texas Instruments.” The parents are seeking compensatory and punitive damages for negligence, liability and wanton misconduct.

Individuals who work or were previously employed in the semiconductor chip industry from approximately 1986-2000 may have been exposed to a multitude of dangerous chemicals that may lead to serious health complications. You can learn more about toxic tort claims by speaking to a qualified birth defect lawyer, like those at The Yost Legal Group in Baltimore, Maryland.

Common Birth Defects from Toxic Exposure

Clean rooms were designed to protect the computer components being manufactured by recirculating the air in the room. Many workers were continuously exposed to dangerous toxins, like glycol ethers, and chemical fumes that contaminated the air. Inhalation of the contaminated air or direct exposure to the skin can lead to health problems and birth defects such as:

  • Oral-facial clefts
  • Heart defects
  • Missing or deformed arms and legs
  • Spontaneous abortion
  • Neural tube defects – anencephaly (underdeveloped brain and skull), spina bifida (cleft or open spine) and encephalocele (hole in the skull)

If you or a loved one worked in a “clean room” or were exposed to any chemicals while employed in the semiconductor chip manufacturing industry in the past 20 years, please contact the experienced Maryland birth defect lawyers at The Yost Legal Group in Baltimore, Maryland.

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Lead Poisoning

November 29th, 2010

One of the most common cases of lead exposure and lead poisoning in the United State is lead-based paint. Marie Carter, a Baltimore City woman, recently won a lead paint-poisoning lawsuit against the Housing Authority of Baltimore, receiving $21 million in jury awards. Between 1987 and 1989, Carter and her family lived in an apartment provided by the Housing Authority of Baltimore City and witnesses testified that Carter had elevated lead levels in her blood as a child, likely the result of ingesting paint chips or lead dust. The lawsuit blames the lead exposure for Carter’s below average I.Q. of 89.

Symptoms of Lead Poisoning

Since symptoms of lead poisoning are not usually noticeable right away. The only accurate method to diagnose lead poisoning is by blood test done close in time to the exposure. In many cases exposure can last for several years. There is no safe level of lead exposure for young children. Exposure to even low levels of lead can result in:

  • ADHD and ADD
  • Learning difficulties
  • Hyperactivity
  • Antisocial behavior
  • Criminal activity

If you or a family member is suffering from any of these symptoms, be sure to talk to your doctor about the environment in which you live and work.

Dangerous Side-Effects of Lead Poisoning

Approximately 70% of all elevated lead level blood tests for the entire state of Maryland are found in Baltimore and lead paint lawsuits are a particularly common occurrence. This is understandable since lead poisoning can lead to very serious health complications, including:

  • Nervous system injury
  • Brain damage
  • Slowed growth or mental retardation
  • Seizures or convulsions
  • Coma
  • Death – young children are at an especially high risk

If you or a loved one suffers from a health complication that arose due to lead poisoning, please contact the qualified and compassionate attorneys at The Yost Legal Group in Baltimore, Maryland who specialize in lead poisoning cases.

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