Maryland Hands-Free Cell Phone Law Begins October 1
By injuheis on September 30, 2010
On October 1, a new law banning drivers from holding their cell phones while driving takes effect in Maryland, according to the Baltimore Sun. Instead, drivers must use a hands-free headset or speaker system if they want to talk on their phones while driving. The new rule joins Maryland’s ban on texting while driving, which went into effect in 2009. Like the texting law, the hands-free rule is intended to keep Maryland’s roads safer by preventing distracted driving.
Under the new law, drivers may dial the phone or end a call while holding the phone, but they may not hold the phone while talking on it if they are also driving. Drivers can use a hands-free device, such as a headset or an in-car speaker system if they need to talk on the phone while driving.
Drivers who are caught breaking the new law will be fined $40 for the first offense and $100 for each offense after. The new rule is considered a “secondary” rule, meaning that drivers cannot be pulled over for talking on their cell phones. A police officer can, however, ticket you for talking on your phone while driving if you are pulled over for another offense, like speeding.
Distracted driving causes too many Maryland motor vehicle crashes. If you or a loved one suffers injury from another person’s distracted driving, please contact attorney Steven H. Heisler, “The Injury Lawyer,” to discuss your legal rights and options after an accident. Call 877-228-4878 today.
Assisted Living Center Residents Develop Legionnaire’s Disease
By injuheis on September 29, 2010
Two residents living at a Maryland assisted living center were hospitalized recently after contracting Legionella bacteria, according to a recent article in the Frederick News-Post. Legionella is the bacteria responsible for Legionnaire’s disease, a bacterial infection that resembles pneumonia.
To protect the rest of the residents, the assisted living center shut off the water. The Frederick County Health Department is testing the assisted living center’s water supply for Legionella bacteria. Legionella is frequently found in water, and can enter the lungs if a person breathes in contaminated water mist or droplets.
Until any problems with the water supply are fixed, the Health Department has allowed the assisted living center to keep using its flush toilets but has shut off the water to the sinks and showers. Instead, residents are drinking bottled water and using a portable shower with a separate water supply. They are also using disposable plates and eating utensils, since washing dishes in water contaminated with Legionella may bring the bacteria into contact with the residents.
Legionnaire’s disease is particularly dangerous to elderly people, people who smoke, and people who have chronic lung diseases. Symptoms can take up to 14 days to develop and often resemble the flu. Although finding the source of Legionnaire’s disease can be difficult, several Maryland infections were caused by poorly-maintained hospitals or nursing homes in which Legionella exposure led to serious illness and even death.
If you or someone you love has or has had Legionnaire’s disease and you suspect that a hospital, nursing home, or assisted living facility’s negligence is responsible, please don’t hesitate to contact Steven H. Heisler, “The Injury Lawyer.” As an experienced Maryland Legionnaire’s disease lawyer, Mr. Heisler can help you understand your rights and options and will fight to hold negligent parties accountable for their actions. Call 877-228-4878 for a free consultation.
Camp Lejeune: Exposure to Contaminated Drinking Water
By injuheis on September 27, 2010
In 1997, the Agency for Toxic Substances and Disease Registry conducted a study on the potential health effects exposure to contaminated drinking water at the Marine base at Camp Lejeune, N.C. from the mid-1950s through the mid-1980s. The report, which concluded that exposure to contaminated water by adults is unlikely to cause cancer, has come under fire in recent years for failing to address the harmful effects of the poison benzene, which was found to have been in the water. On September 16, 2010, the oversight subcommittee of the House of Representatives Science and Technology Committee held a hearing to examine the effects of exposure and heard testimony from Marines who think their cancer is related to exposure at Camp Lejeune.
US Rep. Brad Miller (D-NC), chair of the panel conducting the recent congressional hearings, has recently introduced legislation which, if passed, would establish a presumption that if service members were stationed at Camp Lejeune from the mid-1950s through the mid-1980s, they will be presumed to have been exposed to contaminated water. At this time, the congressional investigation is ongoing and the proposed legislation is still pending. We, at the Law Offices of Steven Heisler are very concerned about this issue and are monitoring the developments.
If you have been harmed by exposure to contaminated drinking water at Camp Lejeune, contact Maryland toxic tort lawyer Steve Heisler, “The Injury Lawyer,” at 877-228-4878. Steve handles Veterans Affairs disability appeals.
Cecil County Tractor Trailer Accident on I-95 Involved 3 Trucks
By injuheis on September 23, 2010
Three tractor-trailers collided on I-95 recently, according to Maryland CBS affiliate WJZ. The crash caused an early-morning shutdown of the northbound side of the interstate in Cecil County, stopping traffic for several hours before police and rescue workers managed to open the left lane. At least one of the truck drivers was taken to the hospital with minor injuries.
Police are still investigating what caused the three trucks to crash. At the time of the Maryland truck accident, one of the trucks had jackknifed, while the other two had taken damage to their fuel tanks and were leaking diesel fuel onto the highway. Due to the size of the accident and the difficulty of cleaning up the road to make it safe for motorists, police could not at the time of the accident estimate when northbound I-95 would be fully reopened.
The large size of tractor-trailers makes both visibility and emergency stopping serious concerns for truck drivers. Visibility is a problem especially when traveling around passenger vehicles. Drivers can help protect themselves from truck accidents by making sure they can always see the truck’s mirrors and by never cutting in close in front of a truck. Trucks cannot brake quickly, and forcing a trucker to slam on the brakes may cause the truck to skid, jackknife, or even roll.
If you or a loved one has been injured in a tractor-trailer accident, please contact experienced Maryland truck accident attorney Steven H. Heisler. Mr. Heisler, “The Injury Lawyer,” will examine the details of your case and help you seek compensation from all parties that were responsible for your accident. Call 877-228-4878 today for a free case evaluation.
Federal Rules Provide Guidance for Hospitals Using Patient Restraints
By injuheis on September 22, 2010
In 2007, the federal Centers for Medicare and Medicaid Services (CMS) issued a final rule for hospitals on the use of patient restraints. The rule applies to any hospital or similar patient care facility that receives Medicare or Medicaid funds. Violating the rule can cause a facility to lose Medicare funding, as well as incite a civil or criminal investigation, particularly if violations cause injury or death.
According to the National Council for Community Behavioral Healthcare, the rule defines a “patient restraint” as any method or device that prevents a patient from moving his or her limbs or head freely. Hospitals may use patient restraints to ensure a patient’s immediate physical safety. However, any restraint must be the least restrictive one that will still work and must only be used when other methods of keeping the patient safe have failed. Patient restraints must be removed as soon as possible once the patient is no longer in immediate physical danger.
Physicians are responsible for ordering patient restraints and for reevaluating the patient frequently to determine when restraints can be removed. Hospital staff, including doctors, nurses, and emergency personnel, must receive regular training approved by the state in which they work. Under the CMS rule, failure to train staff properly in the use of restraints can result in sanctions, even if the untrained or improperly trained staff has not actually harmed a patient.
Patient restraints are used in a number of Maryland hospitals to prevent patients from injuring themselves or others. However, restraints that are not prescribed, used, or monitored properly can cause serious injury or even death to a patient. If you or someone you love has been injured or if you have lost a loved one due to the improper use of patient restraints, get in touch with Steven H. Heisler, “The Injury Lawyer.” Mr. Heisler is an experienced Maryland patient restraint injury lawyer who can help you seek compensation from negligent or careless health care providers. Call 877-228-4878 today for a free and confidential consultation.
Two Maryland Nursing Home Residents Positive for Legionella
By injuheis on September 15, 2010
The Associated Press has reported that two Frederick County assisted living facility residents have tested positive for legionella.
Legionella is a bacteria known to cause Legionnaires Disease. Legionnaires attacks the respiratory system and can cause pneumonia, which can be fatal.
The Frederick County Health Department has stated that the infected residents live at the Tranquility Assisted Living Center in Fredericktowne, Maryland. The Center has not been identified as of yet as the source of the bacteria.
The two infected residents were treated at Frederick Memorial Hospital and released. One of the victims has returned to the facility.
Since Legionnaires can only be contracted by inhaling contaminated water vapors, the facility is requiring residents to drink bottled water and has brought in portable showers. There have been water restrictions at Tranquility since September 2nd.
Individuals most vulnerable to the disease include the elderly, people with compromised immune system and smokers.
I will keep you updated as I learn more information.
Changes in VA Benefits for Agent Orange Exposure
By injuheis on September 14, 2010
Agent Orange is an herbicide that was used during the Vietnam War to clear forested areas. Exposure to Agent Orange has resulted in a multitude of illnesses for Veterans and their children. The Department of Veterans Affairs (VA) has recently added Parkinson’s Disease and Ischemic Heart Disease to the list of “presumptive illnesses” related to Agent Orange exposure. If you have any of the illnesses listed below and are a Veteran who served in Vietnam at any time from January 9, 1962 to May 7, 1975, you may be able to claim VA disability benefits and receive health care services without having to prove that your condition is connected to Agent Orange exposure. (This policy does not apply to Veterans who served only on “Blue Water” Navy ships in Vietnam.)
With these new additions, the VA now recognizes the following illnesses as associated with exposure to Agent Orange:
- Acute and Subacute Peripheral Neuropathy
- AL Amyloidosis
- Chloracne
- Chronic Lymphocytic Leukemia and other Chronic B Cell Leukemias
- Diabetes Mellitus
- Hodgkin’s Disease
- Ischemic Heart Disease
- Multiple Myeloma
- Non-Hodgkins Lymphoma
- Parkinson’s Disease
- Porphyria Cutanea Tarda
- Prostate Cancer
- Respiratory Cancers
- Soft Tissue Sarcoma
For more information on diseases associated with exposure to Agent Orange and the recent policy changes at the VA, see: http://www.publichealth.va.gov/exposures/agentorange/diseases.asp
If you have been turned down for Veterans Disability Benefits call Steve Heisler, “The Injury Lawyer,” at 877-228-4878. As a Maryland veteran disability attorney, Steve handles Veterans Affairs disability appeals.
Fourteen Year Old Passenger Killed in Maryland Motorcycle Crash
By injuheis on September 13, 2010
A 14 year old girl from Harford County was killed on September 2, 2010 in a motorcycle accident in Darlington.
According to the Baltimore Sun, the teenager from Whiteford was a passenger on her father’s Harley Davidson, when the motorcycle crashed into the rear of a 2005 Dodge van. The girl was thrown from the motorcycle and later died at Johns Hopkins Hospital.
The Maryland State Police reported that the bike was southbound on Route 136 and “failed to notice” the van as it rounded the curve. The van was stopped behind another vehicle waiting to make a left hand turn. The driver of the motorcycle, the girl’s father, survived the Maryland motorcycle accident.
The death of this young woman is a horrible tragedy. What can we learn from this? Well, the first thing that jumps out is it appears that the driver of the motorcycle was not paying attention. Obviously, keeping your eyes on the road, and especially when transporting a passenger, is of the utmost importance. What else should motorcyclists keep in mind when carrying a passenger?
According to msf-usa.org, carrying a passenger on a motorcycle puts extra weight on which affects the handling of the bike. Drivers should adjust their suspension and tire pressure to compensate for the passenger.
Some other tips from msf-usa.org regarding carrying a passenger:
- Braking is more difficult. When carrying the weight of a passenger it may take longer to stop.
- Advise passengers to always hold the driver at the hips or waist and lean forward a little bit when the motorcycle accelerates from a stop on the road.
- Passengers should also “be firmly braced against (the driver’s) waist and should lean back slightly” when braking to avoid their weight from shifting forward.
Legionnaire Outbreak at Miami Hotel “Likely” Caused by Faulty Water System
By injuheis on September 7, 2010
According to the Sun-Sentinel, the Miami-Dade Health Department says in a recent report that a faulty water system is ‘likely’ responsible for a 2009 Legionnaire’s outbreak that killed one and sickened nine others at a Miami Hotel.
The Department tested the water samples at the Epic, an upscale Biscayne Boulevard hotel, and the results linked the deadly bacteria to the hotel water system.
“A causal relationship is likely because of the extent of the contamination found in the hotel,” the report states.
But the report continues on to say that while it is ‘likely’ that the hotel is at fault, the results still do not conclusively prove that the hotel did anything wrong.
I’m sure that the family of the deceased victim and the nine guests who became ill are in disbelief that the Health Department failed to lay the blame squarely on the hotel. How can that be?
Well, even though the water samples taken from the hotel confirm that the Legionella bacteria was present, there is still a remote possibility that the ten victims acquired the disease from another source. It’s possible that all ten patronized a local restaurant or health club while staying at the hotel and were exposed to the bacteria at one of those locations.
Nonetheless, in order to rule out that the ten victims acquired the disease from another source, they need to retain the services of an epidemiologist.
Epidemiologists perform studies to determine what factors cause or contribute to disease. They also perform outbreak investigations to determine the initial source of an epidemic.
An epidemiologist in this case will compare the hotel guests who fell ill to the rest of the hotel guests and determine by statistical analysis which common link was likely the source.
An epidemiologist will play an important role in the Epic hotel case as the victims cannot prove their case in a court of law without one.