Maryland Injury Attorney Blog

February 20, 2013

Baltimore Lawyer Representing Clients in Johns Hopkins Gynecologist Alleged Medical Misconduct Case : “These are serious and disturbing allegations…”

Patients put their trust in their doctors to not only treat their ailments and preserve their health — but to maintain patient privacy at all times. When a patient enters a doctor’s office in Baltimore, Maryland or anywhere else, they expect to be treated with respect. They expect their confidentiality and privacy to be upheld. It’s an understanding that makes going to the doctor a little bit easier.

This is why the criminal investigation into alleged medical misconduct by a Johns Hopkins Hospital gynecologist is so shocking and difficult to understand. The story broke earlier this month. Baltimore media reported that a hospital employee had tipped off officials that an OB GYN doctor was allegedly taking unauthorized photos and videos of patients — possibly with his own photographic equipment — and storing them electronically.

Here at The Law Offices of Butschky & Butschky, LLC, we have begun consulting to patients and others who are concerned their privacy may have been violated by the OB-GYN doctor under investigation at Johns Hopkins Hospital in Baltimore, Maryland. These are serious and disturbing allegations, and our clients have justifiable concerns about whether their privacy may have been breached.

February 5, 2013

Maryland, Do You Drive 65? Highway Speeds Rising, National Survey Shows

by Jeff Butschky

The speed limit in Maryland is 65 mph for both rural and urban interstate highways. Despite posted speed limits, there always seem to be plenty of drivers who tear down the highway — with no regard for the law or other motorists’ safety. Speed is a factor in many of the serious Maryland traffic accident cases we handle here at our Baltimore County personal injury law practice.

If it feels like speeding on U.S. interstates and highways has ramped up in recent years — it’s not your imagination.

The Insurance Institute for Highway Safety (IIHS) reported on a recent survey by the National Highway Traffic Safety Administration (NHTSA), which found 14 percent of motorists exceed the posted speed limit by at least 10 mph on limited-access highways. (Known in some states as freeways or expressways, limited-access highways have on and off ramps, are generally separated from residential properties, and have barriers separating traffic traveling in opposite directions.)

January 15, 2013

Dangerous Jobs in Maryland : OSHA Site Specific Inspections Target High-Risk, Non-Construction Workplaces

by Jeff Butschky

The United States Department of Labor, Occupational Safety & Health Administration (OSHA) announced its plan to inspect workplaces in industries with increased hazards for worker illness, injury, and death.

OSHA announced in a press release that the Site-Specific Targeting 2012 plan aims inspections at high-hazard, non-construction site workplaces with 20 or more workers. The plan is the result of data collected from a survey of 80,000 establishments in high-hazard industries. Industries surveyed included farming, automotive, trucking, packing and crating, manufacturing, grocery, lumber, department stores, as well as hospitals and psychiatric and nursing facilities.

Baltimore, Maryland Worker’s Compensation lawyers like us know that construction work can be very dangerous. A fair number of our work injury cases result from construction workers who suffer injuries from slip and fall accidents, being struck by machinery or objects, and construction vehicle accidents. However worker hazards exist in other non-construction industries target by OSHA – both nationally and regionally, here in the Mid-Atlantic.

January 7, 2013

Maryland Drivers – Are You Asleep at the Wheel? 4 Percent of Drowsy Driving Survey Respondents Said “Yes”

by Jeff Butschky

Federal regulations require drivers of large commercial trucks, including tractor trailers, to get a certain amount of sleep between shifts, to avoid falling asleep behind the wheel and causing serious truck accidents. No one wants to think that the 18-wheeler roaring up behind them on the Baltimore Beltway might be piloted by a driver who is about to fall asleep.

But what about all the other motorists with whom we share Maryland’s back roads and highways?

A new study by the US Centers for Disease Control and Prevention (CDC) reveals something alarming: 1 in 24 drivers admit to driving drowsy, including actually nodding off behind the wheel. ABC News reports that “…based on a survey of nearly 150,000 drivers in 19 states and D.C. … sleepiness aggravated by shift work and snoring can be as risky as alcohol, slowing reaction times and impairing decision-making behind the wheel.”

December 28, 2012

A Review of Maryland Traffic Laws (Which Some Drivers Tend to Forget)

by Jeff Butschky

As 2012 draws to a close, it’s worth taking a look at a few Maryland traffic laws and procedures. Maryland has received generally good grades from traffic safety advocates. This past year, more counties installed traffic light speed cameras in hopes of deterring accidents at intersections and in school zones. Maryland Highway Patrol is out in force every holiday, seeking to stop and arrest drunk drivers. A new law has been proposed that would add teeth to existing Maryland DUI/DWI laws, targeting offenders who drive drunk with children in the car.

However there’s still room for improvement; 493 people were killed in Maryland motor vehicle accidents in 2010 and thousands more injured (Source: National Highway Traffic Safety Administration, Traffic Safety Facts Maryland 2006 – 2010).

As Baltimore County, Maryland accident injury lawyers, we keep track of existing and new state traffic laws, as they may apply to the cases we handle for clients. Maryland has contributory negligence laws on the books, so if you as an injured party broke any traffic laws when your auto accident occurred – your eligibility for compensation and/or damages may be challenged.

December 20, 2012

Maryland Bill Targets Drunk Drivers Who Transport Minors, Proposes Ignition Locks

by Jeff Butschky

What’s worse than a drunk driver on Maryland roadways putting themselves and other motorists and pedestrians at risk? A drunk driver with kids in the car. Baltimore County drunk driving accident injury lawyers like us will tell you…motor vehicle crashes caused by alcohol-impaired drivers involving innocent children are some of the most heart-breaking cases we handle.

Maryland State Delegate Sam Arora (D – Montgomery County) would agree – and wants to prevent such reckless behavior from happening by adding teeth to Maryland DUI laws. Mr. Arora is sponsoring a new bill at the Maryland State House that would require drunk drivers caught transporting children while under the influence of alcohol to install an ignition lock device in their vehicles – and check their sobriety every time they attempt to drive.

Maryland House Bill 0032, “Drunk Driving – Transporting Minor – Ignition Interlock System Program,” sponsored by Delegate Arora, was pre-filed in the House on Sept. 4, 2012 and is scheduled for First Reading by the Judiciary for Jan. 9, 2013.

November 30, 2012

Maryland Lawsuits and Contributory Negligence : Soccer Injury Lawsuit Could Bring Change for Accident Victims

by Jeff Butschky

A Howard County soccer player’s injury lawsuit being tried in the high court in Maryland could help accident victims fare better in personal injury lawsuits. However, a Maryland lawmaker may propose a bill to block any changes to the existing laws. At the center of the controversy is something we Baltimore car accident injury attorneys are quite familiar with: The Maryland contributory negligence law.

Maryland is one of four states and the District of Columbia that have a “contributory negligence” law on the books. What this means for you, as an accident victim, is if you’re found to be even a tiny fraction at fault in an accident (e.g., a traffic crash or other accident), your insurance claim can be flat out denied and/or you could lose your lawsuit, at trial.

However the Maryland contributory negligence law is now being challenged in the high court. The Washington Examiner reports that, “A case before the Maryland Court of Appeals could change the requirement, making it easier for accident victims to sue — a change that victim advocates are cheering on.”

November 23, 2012

“Can I Get Workers Comp in Maryland if My Employer Is Based Out of State?”

by Jeff Butschky

A high-profile case this past summer drew attention to an issue we Baltimore County work accident injury lawyers encounter with our clients. What happens if you’re hurt at work in Maryland, but your employer is based out of state? What if your work in Maryland requires you to travel and work at employer sites in other states? How does Maryland Workers Compensation fit into the picture?

Work-related injuries can happen to people in just these types of situations. Often they are sales people, construction workers, and others who travel for their Maryland jobs. But not always.

This past summer, former Washington Redskins pro football player Tom Tupa took his Workers Compensation claim to the Maryland High Court. In August 2005, Tupa injured his back while playing a pre-season game at FedEx Field in Landover, Maryland. However, he had an employment contract with Pro-Football, Inc., which is based in Virginia. Tupa and his attorneys pursued the Workers Compensation claim in Maryland courts, asserting that because the injury happened in Maryland – Maryland Workers Comp should cover Tupa’s injuries.

November 15, 2012

Maryland MVA Offers Thanksgiving Travel Trips, as AAA Predicts Uptick in Traffic

by Jeff Butschky

Thanksgiving holiday traffic has become legendary in Maryland. Baltimore car accident injury lawyers like us appreciate the travel headaches — and increased risks for motor vehicle crashes — that Maryland motorists endure over Thanksgiving week. Driving this time of year requires planning, patience, and a steady hand at the wheel.

Thanksgiving is the most heavily travelled time of the year in the U.S. We have Baltimore County commuters who work Thanksgiving Eve hitting the roads at the same time as thousands of families are embarking on their holiday road trips. The combination of frazzled commuters trying to get home from work jamming our roadways — along with students, families, visitors, and others trying to get where they need to go — means long traffic delays and short tempers.

Throw unpredictable Northeast weather into the mix and it’s a wonder anyone leaves home at all. That said, the folks at the Maryland Motor Vehicle Administration (MVA) offer a few common sense tips for people who will be driving on Thanksgiving:

November 12, 2012

Maryland State Agencies Named in Negligence Lawsuit over Car Accident Death at Hatem Bridge : Trial Underway in Bel Air, Harford County

by Jeff Butschky

The father of a young girl killed in a 2001 motor vehicle accident on Hatem Bridge is suing the State of Maryland for negligence. Despite numerous roadblocks delaying legal proceedings, and the passage of more than a decade, the trial finally got underway this month in Harford County Circuit Court.

According to The Baltimore Sun, the fatal auto crash took place in 2001 on the Thomas J. Hatem Memorial Bridge in Havre de Grace, Md. News reports state that the crash took place on Aug. 10, 2001, during heavy rain. A 12-year-old girl and her step father were driving west on the bridge on Route 40 over the Susquehanna River. The man’s pickup truck reportedly hit water and hydroplaned, swerving into traffic and hitting a Jeep Cherokee. The young girl was killed and the pickup truck driver was pronounced deceased at a Harford County, Md. hospital.

In 2004, the father of the young girl killed in the crash filed a lawsuit against three Maryland state agencies, claiming they “failed to use reasonable care to protect the public” by installing a dividing barrier on the four-lane bridge. Named in the lawsuit are the Maryland Transportation Authority, the Maryland Department of Transportation, and the State Highway Administration.