Washington DC Injury Lawyer Blog

Court Rejects Contributory Negligence Theory in Medication Error Case

February 29, 2024 | Lebowitz & Mzhen

When a pharmacy distributes the wrong medication, the patient can suffer severe health complications. A medication mix-up can cause physical injury and psychological harm, and a person may face steep medical bills to treat the complications of the mix-up. As a result, victims of a pharmacy error may seek to hold the pharmacy liable for their harm and recover compensation. However, when bringing a pharmacy malpractice lawsuit, plaintiffs should be aware that a pharmacy can defend itself through the concept of patient responsibility.

What Is Patient Responsibility?

In medication error lawsuits, the defendant can argue that a patient should have recognized the mix-up before taking the medication. For example, a pharmacy may argue that a patient should be able to tell that the color and shape of a medication differ from their previous doses. As a result, a patient’s failure to recognize a medication error may bar a damages award. Maryland is one of the few states that follows a contributory negligence theory of liability. Under contributory negligence, a plaintiff cannot recover any damages if they were partially at fault for their injury. Despite this high standard for recovery, some courts have refused to dismiss cases based on contributory negligence.

When Will Courts Allow Medication Error Lawsuits to Go Forward?

Cause of Dangerous Reese, Maryland Head-On Car Collision Under Investigation

February 20, 2024 | Lebowitz & Mzhen

Alcohol-impaired drivers are a major cause of car accidents throughout the country. Impaired drivers are extremely dangerous on the roads for a whole host of reasons. Drivers impaired by alcohol or other substances suffer from reduced levels of concentration and slower reaction times when processing their surroundings and actions. Additionally, drunk drivers suffer from poor hand-eye coordination and they are more likely to use poor judgment and experience memory loss while under the influence. These factors and other side effects of substance use greatly increase the likelihood of impaired drivers being involved in car accidents. Signs of impaired drivers on the road include but aren’t limited to, quicker than usual acceleration or deceleration, weaving across the road, erratic breaking, slow responses to traffic signals, or excessively slow driving (10 mph below the speed limit). When on the road, you should exercise extreme caution if you spot any of these signs from other drivers. In 2016, Maryland implemented stricter drunk driving laws throughout the state, including harsher penalties and an Ignition Interlock Program.

Does Maryland Have a High Rate of DUIs?

Unfortunately, Maryland sees a high share of alcohol-impaired drivers. Over the last five years, almost 800 people in Maryland have been killed in crashes involving impaired drivers and over 10,000 people per year die throughout the United States in alcohol-impaired crashes. Each year, tens of thousands of people are arrested throughout Maryland for drunk or impaired driving. Maryland currently deploys a specialized team of Maryland State troopers assigned to the State Police Impaired Driving Reduction Effort (SPIDRE) to enforce impaired driving laws. Since 2013, State Troopers in SPIDRE have taken more than 4,000 impaired drivers off of Maryland roads. A recent news report detailed a fatal Maryland car crash.

According to the news report, the accident happened in the evening on Saturday, February 3, 2024, in Reese, Maryland. The head-on collision involved three vehicles and resulted in multiple injuries when the cars collided around 6:27 pm in the evening. The crash occurred on Route 104 at Emory Road, in front of Lady Baltimore Floors. Reese and Community Volunteer Fire Company crews responded quickly to the scene in the westbound lanes of the road. The investigation into the crash is ongoing and police have requested that anyone with additional information contact them to help with the case.

Assisted Living Neglect Leads to Wandering Deaths, Article Reports

January 31, 2024 | Lebowitz & Mzhen

Assisted living homes are common choices for elderly people living with dementia due to the care and supervision they provide. However, assisted living residents with dementia often wander from their facility if they are confused. In these circumstances, identifying and searching for the missing resident can be the difference between life and death. When assisted living facilities fail to notice a resident is missing, their inaction can have tragic consequences.

As a troubling Washington Post article reported, dozens of assisted living residents have died after wandering away without any staff noticing. According to the article, over 2,000 assisted living or dementia care residents have wandered away unnoticed or were left unattended outside since 2018. Nearly 100 have died. After investigating each incident, state inspectors often found evidence of severe neglect in these facilities. Moreover, in one out of ten cases the Post identified, regulators cited facilities for failing to properly report their missing residents. In one extreme example, an Alzheimer’s patient wandered from her facility, and staff did not look for her until eight hours later when they found her collapsed on the frozen ground. She later died at a hospital from prolonged exposure.

How Does the Government Regulate Assisted Living Facilities?

According to the Washington Post article, the federal government does not regulate assisted living facilities as it does with nursing homes. Individual states regulate assisting living facilities instead, and their level of regulation can vary widely depending on the state. In many states, regulatory fines are minimal, and facilities have largely evaded serious consequences. Maryland requires new assisted living employees to complete five hours of training on dementia and at least some training on other topics. The state does not mandate a certain ratio of residents to staff, meaning there is potential for understaffed facilities. Maryland’s Health Care Commission allows the public to look up complaints and inspection reports for each facility, including those with secure Alzheimer’s units.

Driver Accused of Hit-And-Run After Hitting Mother and Children

December 22, 2023 | Lebowitz & Mzhen

The AAA Foundation for Traffic Safety defines hit-and-run accidents as collisions in which at least one person involved in the crash flees the scene before offering any (or sufficient) information or aid to the other involved person(s) or fails to properly report the crash. Hit-and-run accidents are a major issue for a number of reasons, but in particular, they can increase the severity of outcomes given delays or the complete absence of medical attention for the victims. As of 2017, the AAA Foundation for Traffic Safety has found that both the rate and fatality levels of hit-and-run collisions are on the rise. There were an estimated 737,100 hit-and-run crashes in 2015 (NHTSA, 2016). This translates to a hit-and-run crash happening somewhere in the U.S. every 43 seconds. The 2,049 fatalities that resulted from hit-and-run crashes in 2016 were the highest number recorded up to that point.

What Factors Make Hit and Runs More Likely?

Hit-and-run accidents are often characterized by certain specific factors. Common characteristics include the crash having few witnesses and or poor lighting. If there are many witnesses or the scene is highly visible, people are less likely to flee the scene of a crash. Relatedly, people are much more likely to flee a crash between the hours of midnight and 4:00 am, than between 8:00 am and 11:59 am. This is due to a host of reasons, but one explanation is that nighttime drivers generally engage in more risky behavior. A recent article described a Washington D.C. hit-and-run car accident.

The recent article described how a dangerous Washington D.C. hit-and-run collision unfolded on the evening of Wednesday, October 4, around 5:45 pm. A mother, her 10-year-old daughter, 6-year-old son, and dog were in the middle of the crosswalk at C and 12th Streets in Northeast when a dark-colored Nissan Armada accelerated and hit them. The 6-year-old was pinned under the tire of the SUV and was hospitalized with a fractured foot, according to his mother. A video of the incident shows the driver backing up slowly, following the commands of the mother and a neighbor who jumped in to help. The neighbor then directs the driver to pull over to the side past the intersection and at first it appears that’s what he was going to do but in a moment, he drives off.

Good Samaritan Pulls Truck Driver Out of Fiery D.C. Accident

October 30, 2023 | Lebowitz & Mzhen

The danger of any vehicle crash is compounded when a truck or other large vehicle is involved in the accident. Large commercial vehicles like trucks are on the road to transport heavy items over long distances. That means that trucks can become difficult to maneuver in emergency situations, preventing truck drivers from turning or stopping suddenly due to the weight of their vehicle and cargo. Even without heavy cargo or large trailers, trucks are heavy, making accidents involving them inherently dangerous. Additionally, truck drivers are under extreme pressure to spend long hours on the road, as they need to meet delivery deadlines. This can lead to exhaustion and impaired judgment on the roads. Tired drivers are more likely to make mistakes when driving, increasing the likelihood of accidents. A recent news article discussed a serious truck accident.

According to the news article, one day in late September, a semitrailer was clipped by a car in the southbound lanes of Route 28. The semitrailer then flipped over and exploded into flames, trapping the truck driver inside the cab of the truck. A man driving nearby spotted the accident. He described the crash, saying “While it was rolling, it was already on fire. Then it rolled to a stop, and I immediately pulled over with my kids, told them to stay in the car.” The man then ran to the crash, pulling the truck driver out of the fiery wreckage inch by inch. Eventually, other bystanders assisted him, and they were able to remove the truck driver from the cab. Emergency crews took the driver to a hospital where he remains gravely injured.

What Is the Good Samaritan Law in D.C.

Colloquially known as a good Samaritan law, § 7–401 of the D.C. code, limitation on liability for medical care or assistance in emergency situations, was passed to insulate good faith actors from liability in civil damages resulting from their attempts to assist those in need. The law states “Any person who in good faith renders emergency medical care or assistance to an injured person at the scene of an accident or other emergency in the District of Columbia outside of a hospital, without the expectation of receiving or intending to seek compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of rendering such care or assistance.”

Dangerous Bus Crash Leaves Eleven Children and One Adult in Hospital

October 10, 2023 | Lebowitz & Mzhen

The danger of not wearing your seatbelt is compounded when a bus or other large vehicle is involved in the crash. That goes for people in the bus as well as other vehicles on the road. Large commercial or passenger vehicles like buses are on the road to transport many passengers or heavy items over extended distances.

Why Are Busses So Dangerous?

Buses can become difficult to maneuver in emergency situations, preventing bus drivers from turning or stopping suddenly due to the weight of their vehicles and passengers. Even without many passengers or large trailers, buses are heavy, making accidents involving them inherently dangerous. Additionally, bus drivers can be under high amounts of pressure to spend long hours on the road, needing to meet transportation deadlines. This can lead to exhaustion and impaired judgment while they drive, especially towards the end of their routes. Tired drivers are more likely to make mistakes when driving, increasing the likelihood of accidents. A recent news article discussed a serious bus accident.

According to the news article, a car driver tried to turn left onto Laurel Bush Road and into the path of an oncoming passenger mini-bus, resulting in a crash. The accident occurred early in the morning on Monday, September 11, around 8:30 a.m. The mini-bus was a Kensington KinderCare bus transporting the children on the way to their elementary school when the crash occurred. Eleven children and an adult were taken to the hospital as a result of the crash.

Lime Scooter Rider in ICU Following Hit-and-Run by Driver

September 30, 2023 | Lebowitz & Mzhen

Hit-and-run accidents are often characterized by several distinct elements. Common characteristics include the accident having very few witnesses and or poor lighting, as the driver is more likely to believe there will not be repercussions for their behavior. If there are many witnesses or the scene is highly visible, people are less likely to flee the scene of a crash. Similarly, drivers are much more likely to flee the scene of an accident between the hours of midnight and 4:00 a.m., than between 8:00 a.m. and 11:59 a.m. This is due to a host of reasons, but one explanation is that nighttime drivers generally engage in more risky behavior.

What Is a Hit and Run Accident?

The AAA Foundation for Traffic Safety defines hit-and-run accidents as collisions in which at least one person involved in the crash departs the scene of the crash before offering any (or sufficient) information or aid to the other involved person(s) or fails to properly report the crash. Hit-and-run accidents are a major issue for many reasons, but in particular, they can increase the severity of outcomes given delays or the complete absence of medical attention for the victims. As of 2017, the AAA Foundation for Traffic Safety has found that both the rate and fatality levels of hit-and-run collisions are on the rise. There were an estimated 737,100 hit-and-run crashes in 2015. This translates to a hit-and-run crash happening somewhere in the U.S. every 43 seconds. The 2,049 fatalities that resulted from hit-and-run crashes in 2016 were the highest number recorded up to that point.

A recent article described how a serious hit-and-run accident occurred early on the morning of Sunday, September 25. Around 4:00 a.m., a man was riding a Lime motorized scooter on the way home on 14th Street Southwest when the incident occurred. A witness told law enforcement officials that she was right behind the driver when she saw the car hit the scooter near 14th Street and Jefferson Drive Southwest. The witness said that the driver did not stop when the collision occurred, and instead, kept driving toward Virginia. After seeing the crash and realizing the driver was not stopping, the witness followed the car that hit the scooter and took down the license number. She then called the police. That night, first responders from D.C. Fire and EMS took the man to a local hospital. The scooter rider is now recovering in the ICU. The driver has not been located and the hit-and-run is now being investigated by the D.C. police.

Driver Fleeing Traffic Stop Results in Fatal Washington D.C. Car Accident

September 19, 2023 | Lebowitz & Mzhen

A recent Washington D.C. news article discusses how alleyways in Northeast D.C. are increasingly being used as commuter shortcuts. Local neighbors describe the issue as a crash waiting to happen. While traffic in the area is already bad, things have gotten worse in Brookland as local alleyways have become popular commuter routes to cut down drive times. Neighbors claim to avoid traffic on 12th Street, NE drivers are taking a detour at Varnum or Upshur Streets and cutting through their alley. The new traffic ranges from morning commuters to Amazon delivery trucks. One resident even saw a D.C. school bus cutting through the alleyway on their Ring doorbell camera. A resident described the traffic as “a continuous rotation of cars.” Another stated that it’s not about banning all traffic in the alley, but was worried that drivers were treating the alley like a main road, rarely respecting the 15 mile-per-hour speed limit.

According to D.C. Law, drivers traveling through alleyways are required to stop at the edge of the alley before reaching the sidewalk, allowing the driver to see if someone is crossing the alley on the sidewalk. Neighbors and local residents claim that drivers are not complying with those requirements. One neighbor stated that drivers only “stop at the street so they can see if a car is coming, but a lot of kids walk through here.” Another stated, “There’s a school and there are a lot of kids in the neighborhood. So, if a car stops out here and a kid happens to be running by – it could be quite tragic. So, it’s a constant worry of mine.”

Was 2022 a Bad Year for Traffic Fatalities?

The National Highway Traffic Safety Administration (NHTSA) recently released projections for traffic fatalities in 2022. The NHTSA projects that 31,785 people died in traffic crashes in the first nine months of 2022. This represents an increase from 2021 and an even greater increase from 2020. There are many different causes of traffic accidents, including aggressive driving, driving under the influence, tired drivers, poor weather conditions, and poorly maintained roadways. According to AAA, aggressive driving is a factor in 54% of all fatal automobile accidents. AAA reports that 78% of drivers reported committing at least one aggressive driving behavior in the past year, including tailgating, yelling, or hoking to show annoyance to another driver. Additionally, children are particularly susceptible to car accidents, as their smaller profile can be harder for drivers in large vehicles to see.

Six People Hospitalized in D.C. Hospital Garage Car Accident

August 22, 2023 | Lebowitz & Mzhen

While many car accidents are the result of reckless driving or disobeying traffic laws, sometimes, drivers are rendered unconscious or unresponsive because of a medical emergency. Medical emergencies can range from choking or fainting to even more severe emergencies such as strokes, heart attacks, or seizures. Car accidents involving medical emergencies can be serious and often fatal, as nearby pedestrians and other cars are not aware of the sudden loss of control by the individual experiencing the medical emergency.

In a recent news report, a Washington D.C. accident occurred when a car hit multiple people inside the MedStar Georgetown University Hospital parking garage on the afternoon of Thursday, July 20. While D.C. Fire and EMS initially reported that five pedestrians were struck in the hospital garage, the hospital later stated that it was treating a sixth patient related to the incident. According to officials, the patients were being treated at the hospital’s emergency room and the driver was also being evaluated. Officials also confirmed that at least one adult woman involved was not conscious or breathing. Fire officials did not offer any additional details on the medical condition or identity of the driver and it is unclear what caused the crash.

How Do You Prove Fault in DC Car Accidents involving Medical Emergencies?

When it comes to Washington D.C. car accident cases, defendants claiming to have experienced a medical emergency that led to a car accident have the option to pursue an Act of God defense. An Act of God defense in Washington D.C. offers a defense when the force of nature is uncontrolled and uninfluenced by humans and could not be prevented or avoided. Such a defense is difficult to successfully deploy and both parties need to examine the at-fault driver’s medical records to determine several issues. (1) Did the driver have pre-existing medical conditions, (2) was the driver taking medication for their condition, and (3) were any medical restrictions in effect at the time of the accident? Establishing if a medical emergency did in fact occur, and if so, to what degree it was foreseeable, and what steps the at-fault driver took to mitigate the risk of medical emergencies is vital to arriving at a proper result for a plaintiff’s claim. Successfully defeating a defense revolving around a medical emergency potentially involves proving that there were symptoms of the medical emergency that the at-fault driver negligently ignored, ultimately causing the accident.

Two Killed in Fatal Washington D.C. Hit and Run at the National Mall

August 20, 2023 | Lebowitz & Mzhen

Hit-and-run accidents are often characterized by certain specific factors. Common characteristics include the crash having few witnesses and or poor lighting. If there are many witnesses or the scene is highly visible, people are less likely to flee the scene of a crash. Relatedly, people are much more likely to flee a crash between the hours of midnight and 4:00 am, than between 8:00 am and 11:59 am. This is due to a host of reasons, but one explanation is that nighttime drivers generally engage in more risky behavior. A recent article described a hit-and-run accident involving a truck and a motorcycle.

The recent article described how a fatal hit-and-run collision unfolded on Thursday, July 13. Around 1:30 pm, Secret Service agents stopped the driver of the vehicle at the corner of 17th Street NW and Constitution Avenue over an alleged expired registration. According to the Secret Service, the unidentified driver allegedly signaled he would slow down and pull over, but just before he stopped, he sped up. After speeding up, the driver allegedly crossed through a red traffic signal light and struck two people before driving away from the scene. The victims were a 75-year-old man from Philadelphia and a 13-year-old girl according to the U.S. Park Police. The 75-year-old man was pronounced dead at a nearby hospital while the 13-year-old girl was treated at the scene and released.

What is the Definition of a Hit and Run Accident?

The AAA Foundation for Traffic Safety defines hit-and-run accidents as collisions in which at least one person involved in the crash flees the scene before offering any (or sufficient) information or aid to the other involved person(s) or fails to properly report the crash. Hit-and-run accidents are a major issue for a number of reasons, but in particular, they can increase the severity of outcomes given delays or the complete absence of medical attention for the victims. As of 2017, the AAA Foundation for Traffic Safety has found that both the rate and fatality levels of hit-and-run collisions are on the rise. There were an estimated 737,100 hit-and-run crashes in 2015 (NHTSA, 2016). This translates to a hit-and-run crash happening somewhere in the U.S. every 43 seconds. The 2,049 fatalities that resulted from hit-and-run crashes in 2016 were the highest number recorded up to that point.