Res Ipsa Loquitor, latin for “the thing speaks for itself,” is a tort principle that allows plaintiffs to meet their burden of proof with what is, in effect, circumstantial evidence. The plaintiff can create a rebuttable presumption of negligence on the part of the defendant by proving that the harm would not ordinarily have occurred without negligence, that the object that caused the harm was under the defendant’s control, and that there are no other plausible explanations.  In the vast majority of tort cases, a plaintiff must prove exactly what was negligent about the defendant’s conduct.

In a few increasingly rare situations the doctrine of res ipsa loquitor shifts the requirement to the defendant to demonstrate that she or he acted properly. As indicated above, certain events are said to “speak for themselves.” For example, if a brand new chair collapses when an individual sits upon it, one might argue that the thing speaks for itself. A brand new chair should not collapse absent some negligence on the part of the manufacturer.

The Anglo-American legal doctrine of res ipsa loquitur arose from an 1863 English case in which a pedestrian was hit by a barrel of flour falling from the upper floors of a warehouse that was solely occupied by the defendant. In that case, the plaintiff was not able to present evidence of exactly how the defendant was negligent, as the plaintiff was not present in the upper floors of the warehouse at the time of the accident. Despite being unable to meet the traditional burden of proof, the plaintiff won his lawsuit under a presumption of negligence, because the defendant could not provide an explanation for the event (Byrne v. Boadle).

The present day U.S. courts are reluctant allow a plaintiff to shift his own burden of proof onto the defendant, that is, requiring the defendant to prove he acted properly. Legal scholar Brad Reid, Senior Scholar, Dean Institute for Corporate Governance and Integrity, Lipscomb University, cited the following fifteen examples, randomly selected from over one hundred 2015 U.S. court decisions, in which the plaintiff was unable to successfully assert res ipsa loquitur, meaning that these events did not “speak for themselves.” Here, the plaintiffs were required to prove the defendant’s negligence:

. Livestock on the highway were hit by a car.

. A mis-leveled elevator caused a fall.

. A patient with a fractured pelvis was improperly diagnosed.

. A newly installed HVAC system caught on fire.

. A city sewer system overflowed into a home after a two-day rainstorm.

. Airborne chemicals came from installed spray-foam insulation.

. Four foreign objects were left in a patient’s abdomen during a 1999 surgery.

. Fireworks mortar shells launched at a July 3 celebration injured the audience.

. A jail trustee was injured in an explosion while attempting to relight a gas-fired furnace.

. A house fire was caused when a squirrel was in an electrical transformer on a power pole.

. A conscious patient saw a drainage tube removed; however, part of the tube remained in his body.

. A newspaper delivery man was injured when a step collapsed at an apartment complex.

. A patient asserted improper post-surgery care.

. Air bags failed to deploy in an automobile accident.

. A tree stand collapsed when the ratchet straps failed.

Courts appear to be more and more hesitant to allow a case to go to a jury when res ipsa loquitur is the basis for liability. This development may be in part due to current legislation, particularly in the area of medical malpractice, which limits the grounds for recovery. It may also be due to the progress and development made in science and technology which now allow plaintiffs’ to actually prove defendants’ negligence. For example, in the case of a wine glass shattering in the hands of a proprietor, the plaintiff was able to hire an expert who proved through research and testing that the glass was defective. One hundred years ago, an exploding glass would have likely fallen under the doctrine of res ipsa loquitor, as the plaintiff would have been unable to prove exactly how the manufacturer was negligent or why the glass exploded.

Mr. Reid noted that courts frequently make the following type statements before denying res ipsa loquitur:

. The instrumentality producing the injury was not solely and exclusively under the control of the defendant.

. The only reasonable hypothesis for the product’s failure must be a defect due to a breach of duty or omission by the defendant.

. Res ipsa loquitur is a rule of circumstantial evidence grounded in probability and sound procedural policy.

. Res ipsa loquitur is inapplicable if the accident might have occurred without the defendant’s negligence.

. The injury must not have been caused or contributed to by any voluntary act on the part of the plaintiff.

. The connection between negligence and injury may not be based upon speculation or conjecture.

. All parties who could have caused the injury must be joined as defendants.

This post provides a short educational explanation about a complex legal topic and is not intended to be legal advice. If you have been injured due to the negligence of another, consult the Law Offices of Stuart L. Plotnick today for a free consultation.

Source: Brad Reid, Senior Scholar, Dean Institute for Corporate Governance and Integrity, Lipscomb University, Huffington Post, May 27, 2015.

Elder abuse tends to take place where the senior lives: most often in the home where abusers are often adult children. Abuse can also occur in institutional settings, such as long-term care facilities. Elder abuse can take many different forms, some involving intimidation or threats against the elderly, some involving neglect, and others involving financial exploitation. The most common are defined below.

Physical abuse is non-accidental use of force against an elderly person that results in physical pain, injury, or impairment. Such abuse includes not only physical assaults, but also the inappropriate use of drugs, restraints, or confinement.

Emotional abuse occurs when people speak to or treat elderly persons in ways that cause emotional pain or distress. Verbal forms of emotional abuse include: intimidation through yelling or threats; humiliation and ridicule, and habitual blaming. Non-verbal forms of emotional abuse include ignoring, isolation, and menacing the elderly individual.

Sexual abuse is physical contact with an elderly person without the elder’s consent. Such contact can involve physical sex acts, but also includes activities such as showing an elderly person pornographic material, forcing the person to watch sex acts, or forcing the elder to undress.

Neglect or failure to fulfill a caretaking obligation, makes up over half of all reported cases of elder abuse. It can be intentional or unintentional.

Financial exploitation involves unauthorized use of an elderly person’s funds or property, either by a caregiver or a third-party, and includes: misuse of an elder’s personal checks, credit cards, or other accounts; theft of cash or household goods; forgery; and identity theft. The elderly are particularly susceptible to scams such as announcements of a “prize” that they have won, but are required to pay money to claim; investment fraud; and fake charities.

Healthcare fraud and abuse can be carried out by unethical doctors, nurses, hospital personnel, and other professional care providers. Examples include:

• Charging for healthcare services not actually provided;
• Overcharging or double-billing for medical care;
• Receipt of kickbacks for referrals or prescriptions;
• Over- or Under medicating; and
• Medicaid fraud

Signs and symptoms of elder abuse

Elder abuse or neglect might not be obvious, and any outward signs might initially appear to be symptoms of dementia or a sign of the elderly person’s frailty, but that doesn’t mean that you shouldn’t dig deeper. Look for general signs of abuse to include frequent arguments or tension between the elderly person and caregiver, and changes in personality. If you suspect abuse or neglect, look for elements of physical and behavioral signs that include:

Physical abuse:

• Bruises, welts, or scars
• Broken bones, sprains, or dislocations
• Report of drug overdose or apparent failure to take medication regularly (a prescription has more remaining than it should)
• Broken eyeglasses or frames
• Signs of being restrained, such as rope marks on wrists
• Caregiver’s refusal to allow you to see the elder alone

Emotional abuse:

• Threatening, belittling, or controlling caregiver behavior that you witness
• Behavior from the elder that mimics dementia, such as rocking, sucking, or mumbling to oneself

Sexual abuse:

• Bruises around breasts or genitals
• Unexplained venereal disease or genital infections
• Unexplained vaginal or anal bleeding
• Torn, stained, or bloody underclothing

Neglect by caregivers or self-neglect:

• Unusual weight loss, malnutrition, dehydration
• Untreated physical problems, such as bed sores
• Unsanitary living conditions: dirt, bugs, soiled bedding and clothes
• Being left dirty or unbathed
• Unsuitable clothing or covering for the weather
• Unsafe living conditions (no heat or running water; faulty electrical wiring, other fire hazards)
• Desertion of the elder at a public place

Financial exploitation:

• Significant withdrawals from the elder’s accounts
• Sudden changes in the elder’s financial condition
• Items or cash missing from the senior’s household
• Changes in wills, power of attorney, titles, and policies
• Addition of names to the senior’s signature card
• Unpaid bills or lack of medical care, although the elder has enough money to pay for them
• Financial activity the senior couldn’t have done, such as an ATM withdrawal when the account holder is bedridden
• Unnecessary services, goods, or subscriptions

Healthcare fraud and abuse:

• Duplicate billings for the same medical service or device
• Evidence of overmedication or undermedication
• Evidence of inadequate care when bills are paid in full
• Problems with the care facility: poorly trained, poorly paid, or insufficient staff; crowding; inadequate responses to questions about care.

If you suspect that a loved one is being abused or neglected, contact the Law Offices of Stuart L. Plotnick at 301.604.9569 for a complimentary consultation today.

Source: http://www.helpguide.org/articles/abuse/elder-abuse-and-neglect.htm

The college rape crisis has been in the news a lot over the past year and has gained national attention. From articles in popular magazines and mainstream newspapers, such as the Washington Post, to the White House, college sexual assault is at the forefront of our national discussion. President Obama and Vice President Obama are backing the Not Alone Project, that strives to break the silence about sexual violence on college campuses and reach out to provide support to victims after an attack. In 2014, the White House Task Force to Protect Students from Sexual Assault released their first report in April 2014, revealing a shocking statistic: one in five college students experience sexual assault during their college career. The ACLU, however, estimates that up to 95% of sexual attacks go unreported.

What is Sexual Assault?

Sexual Assault, as defined by the U.S. Department of Justice (DOJ) is “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” Sexual activities that are included in this definition are: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. Other sources define the term more broadly, to include: unwanted kissing, groping, and exhibitionism. Sexual assault doesn’t always involve physical contact. In fact, acts such as voyeurism can still count as unwanted sexual attention.

One in five college women are targets of attempted or completed sexual assault while college students, while college freshman and sophomores are thought to be at the greatest risk. According to a 2000 report funded by the National Institute of Justice, the vast majority of campus sexual assaults are committed by an acquaintance of the victim. In 90% of reported cases, the victim knew her attacker.

As noted above, only about 5% of sexual assaults are reported to campus authorities or law enforcement. There are many barriers to reporting that victims face, including inadequate university sexual assault policies, which leads to the problem remaining hidden on campuses across the country.

Alcohol can play a big role in sexual assault. The American Association of University Women (AAUW) estimates that 89% of assaults occur when the victim is incapacitated due to alcohol, while researchers at Wayne State University estimate the number to hover around 50%. Whatever the exact figure, alcohol plays a prominent role in campus sexual assault.

Federal Law and Sexual Assault on Campus

The AAUW website informs that Title IX of the Education Amendments of 1972 prohibits the sexual harassment of college students. Sexual assault, a form of sexual harassment, “denies of limits on the basis of sex, a student’s ability to participate in or receive benefits, services or opportunities at the institution.” In April 2011, the U.S. Department of Education issued guidance on the responsibilities of colleges and universities under Title IX and requires them to:

1. Define sex discrimination and sexual violence, and publish a policy stating that the school doesn’t discriminate on the basis of sex;
2. Have and distribute procedures for students to file complaints when sexual harassment, discrimination or violence occurs;
3. Appoint a Title IX coordinator to oversee these tasks, review complaints, and deal with patters or systemic problems.

Additionally, under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), colleges and universities must also notify students about crime on campuses, publicize their prevention and response policies, and inform victims of their rights.

Finally, in 2013, Congress authorized the Violence Against Women Act and included provisions to improve campus safety. Colleges will now have to report the number of domestic violence, dating violence, and stalking incidents that occur each year, in addition to the requirement to disclose sexual assault incidents and other crimes. They will also have to update their annual security reports to include their prevention programs.

What Can You Do to Protect Yourself?

While an attack is never the fault of the victim, there are steps college students can take to reduce their chances of becoming a victim and empowering themselves. For instance, the National Institute of Justice revealed that self-protection actions such as weaponless attacking, running, hiding, getting help, or struggling seem to decrease the risk of rape completion by 80%. Additionally, many colleges offer personal development courses in basic self defense. The New England Journal of Medicine published a study comparing the effects of attending a four session course in resisting sexual assault to a more traditional university approach of providing brochures on sexual assault. An intensive program showing female college students how to recognize and resist sexual aggression reduced their chances of being raped over a one year period by nearly half.

There are also basic safety guidelines that you can follow to help stay safe on campus. BestColleges.com put together the following to-do list:

1. Know your alcohol limits. Drinking too much can make you much more vulnerable to assaults by impairing your judgment or hindering your physical ability to fight off an attacker.
2. Watch your drinks. Take your drink with you wherever you go (including the bathroom). Never take a drink given to you by someone else or from a communal alcohol source.
3. Trust your instincts. If you get a bad feeling about a person or situation, leave immediately. If something feels wrong, or you feel pursued, get in the middle of a crowd of people. It seems that many attackers are unwilling to pursue someone who is aggressive or loud, which draws attention to the crime.
4. Stay with your friends. Attend parties and social gatherings with friends that you trust. Look out for each other and don’t leave anyone behind!

Construction workers face big risks as they work handling, for example, hazardous materials, or as they work at high elevations; use heavy machinery; encounter falling debris; or risk electrocution or being struck by a vehicle on the road. Needless to say, drivers maneuvering through highway construction zones put construction workers at risk for injury. For instance, in July 2014, a New Jersey turnpike construction worker was killed when he was struck by a car that crashed into the back of the truck in which he was riding. Sadly, the driver of that car was driving under the influence of alcohol. In Maryland in December 2014, a construction worker at BWI airport was killed after being injured by a concrete paver vehicle. Similarly, pedestrians walking through a construction zone also risk injury, in the form of falling debris, or being struck by heaving equipment. In March 2015, a 37 year old woman was walking on a pedestrian walkway through a construction zone in New York City when she was hit by a wooden board from a construction barrier after high winds kicked up. The board hit the woman and pinned her up against the wall of a building. The woman fell and hit her head, receiving a fatal injury.

The vast majority of construction accidents, however, occur on roadways. According to the Department of Transportation (DOT) Federal Highway Administration website, in 2010, there were 87,606 reported accidents in construction zones.. Of these crashes, 576 of them were fatal. Interestingly, the DOT states that 31% of construction work zone accidents were caused by speeding and 20% involved alcohol.  Forty percent of accidents occurred at night between the hours of 9:00 p.m. and 6:00 a.m. Moreover, over half of these construction work zone accidents occurred on roads where the speed limit was 55 miles per hour or higher.

If you have been injured in a construction zone, please contact the Law Offices of Stuart L. Plotnick today for a consultation.

Instead of traveling cross-country to the renowned Spinal Cord Injury Rehabilitation Program at the University of Maryland, Olympic swimmer and six-time gold medalist Amy Van Dyken-Rouen has opted to continue recovering in her hometown from the back injury she sustained earlier this month in an all-terrain vehicle (ATV) accident during a personal trip in Arizona.

No word yet on whether Van Dyken-Rouen and her family will consult a personal injury attorney as a result of the ATV mishap, which severed the athlete’s T11 vertebra and nearly resulted in a fatal rupture of her aorta.

The swimmer, 41, is married to former Denver Broncos punter Tom Rouen. She’s a native of Colorado and checked into that state’s private, not-for-profit Craig Hospital, which specializes in the treatment of spinal cord and traumatic brain injuries.

It may be too soon to tell whether Van Dyken-Rouen will make a full recovery from her injuries.

“I feel great,” the swimmer told The Denver Post after arriving at Craig Hospital on June 18th. “I can definitely feel the thoughts and prayers” of fans and supporters.

But she also reported having “no feeling” in her legs.

Approximately 12,000 Americans a year sustain spinal cord injuries, according to the National Spinal Cord Injury Statistical Center in Birmingham, Ala. When those injuries happen as the result of someone else’s negligence, it is imperative to consult with a personal injury attorney in order to ensure victims receive appropriate protections and compensation.

If you live in Maryland and would like a free consultation with a personal injury attorney, please contact the Law Offices of Stuart L. Plotnick. We also serve clients in northern Virginia and Washington, D.C.

Thousands of people receive injuries every year from falling on someone else’s property, particularly when there are snow or ice conditions.  However, not every slip and fall injury leads to an actionable case. These cases can be very hard to navigate because there is always the defense that if the injured party saw the snow or ice, or whatever the condition, but still chose to walk over or on it, he/she assumed the risk of falling.  The best way to find out if you have a slip and fall case is to call an experienced slip and fall lawyer. In Rockville, Maryland, call 301-251-1286 to speak with Stuart Plotnick about your potential case.

You may have a legal case for your slip and fall if:

• You sustained serious injuries in your fall.
• You were injured on property owned by someone else.
• The owner or landlord of the property owed you a duty to inspect and maintain the property.
• Failure to uphold that duty resulted in your injury.

Each case presents unique challenges for proving fault or injury. Trust an experienced slip and fall lawyer to help you recover the compensation you deserve.

If you are suffering with severe injuries from a slip and fall, please contact the Law Offices of Stuart L. Plotnick, LLC today for your consultation.

A Baltimore, Maryland, woman tripped on an uneven sidewalk, broke her right wrist, and injured her right arm and her back in the fall. Her medical bills were in excess of $50,000 in medical treatments, and she lost more than $15,000 in wages.

Originally, she sued the owners of the home that she fell in front of, but they were dismissed from the case in December because the City of Baltimore owned the sidewalk . The City of Baltimore was the remaining defendant, and the case was set for trial in March. Initially, the victim sought $500,000 in damages, but the parties settled for $120,000.

Although slip-and-fall cases are common, they usually are very difficult due to win and are hotly contested due to the fact that the hazard might be in plain sight, and thus the Plaintiff may have been able to avoid it. However, in this case an uneven sidewalk is not easy to spot.  Here, the danger of the sidewalk, coupled with the victim’s severe injuries in this case resulted in a high settlement.

If you have suffered serious injuries in a slip-and-fall on someone else’s property, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda personal injury attorney. Our office is conveniently located in Rockville, Maryland.

The Maryland Court of Appeals recently decided a case that effects the rights of parents to bring negligence actions against retailers and potentially other forms of businesses, who provide play areas for children on their premises, while their parents shop.

In the case against BJ’s Wholesale Club, Russell and Beily Rosen brought a lawsuit against BJ’s after their five-year-old son was injured in the play area known as “The Incredible Kids’ Club” at its Owings Mill, Maryland store. The parents had signed a waiver of liability before their son could enter the play center. During play, their son fell from a three-foot-tall plastic statue of Harry the Hippo onto a concrete-like surface.

The child suffered an acute epidural hematoma and was treated at Sinai Hospital and Johns Hopkins. The parents sued BJ’s for damages of 5 million dollars for failing to exercise reasonable care by placing a climbing toy on an unpadded concrete area.

The Court held that the parents are responsible for their child’s welfare and must weigh the risks of signing a waiver. The injury waiver or agreement was valid because it did not effect public interests.

If you or a loved one is suffering with injuries sustained at the hands of someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda injury lawyer. Our office is conveniently located in Rockville, Maryland.

Slip and fall accidents can cause serious personal injury. Property owners have a duty to keep their property maintained to ensure the safety of visitors. When a property owner or person in control of the property is or should be aware of a dangerous condition, they must take steps to repair the cause of the danger or warn visitors of the hazard on the property if they can not be fixed or corrected to a safe state. This duty can extend from simple removal of snow or ice to placing a wet floor warning signwhen the floor is mopped.

Anyone who owns or retains authority over property may be held liable for dangerous conditions that cause harm to visitors. Potential defendants in slip and fall cases include:

• The owner of the property
• The landlord responsible for the property
• Lessees or tenants of commercial or residential property
• The local, city, state or federal government when the accident occurs on public property
• Mass transit authorities, e.g., Metro or WMATA

If you or a loved one has suffered severe injuries as a result of a slip and fall on someone else’s property, you may be able to recovery compensation. Please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Rockville, Maryland, slip and fall lawyer.

With cooling temperatures of winter comes ice and snow. While it may be beautiful to watch the flakes fall, it can be very dangerous to drive through the snow and ice. To keep you safe this holiday season, Bethesda area car accident attorney Stuart Plotnick offers these winter driving tips:

• Slow down and leave plenty of room behind the car in front of you. Slick roads make stopping more difficult.
• Give yourself extra time to get to work or your destination.
• Be gentle on the brakes. Braking hard can send your car into a skid and out of control.
• Keep your windshield and lights clean for better visibility in bad weather.
• Be careful on bridges and overpasses. They usually freeze faster.
• Avoid using cruise control on icy roads. You should be in full control of your vehicle so you can quickly handle issues or emergencies that arise.
• Take extra care, slow down, even if you have four-wheel or all-wheel drive. Some drivers think they make you invincible on the road.  While these cars may do better in snow, ice is ice. Even very capable vehicles can run into trouble in harsh winter driving conditions.
• If you do not really have to be out on the road in such conditions, then do not risk it.

If you or a loved one has been injured in a winter weather car accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda area car accident attorney. Our office is conveniently located in Rockville, Maryland.

Each personal injury case is a little different, but there are certain elements all of these cases have in common. In a personal injury lawsuit, the attorney must show that the four basic elements of a negligence claim are present:

• You were owed a duty by the defendant e.g. the other driver; or there was a standard he/she had to meet
• The defendant violated the duty owed to you; failed to meet the standard which caused the accident
• You sustained a misfortune or other loss e.g. property damage, personal injuries, etc.
• Your accident was caused by the violation of duty

A duty is some responsibility owed to you, and the responsibility is legally recognized in the relationship between you and the defendant. For example, traffic laws governing setting a speed limit creates of duty as to how a driver must operate his vehicle in terms of speed in a certain stretch of the road.  Medical practices and procedures create  duties and standards of care that a doctor owes his patient when treating them i.e. do certain patient symptoms require certain tests to be done.

It’s important to note that the presence of these elements in your case does not always guarantee compensation, as their can be other causes of accident or the Defendant may have a legitimate reason for not meeting the duty e.g. a deer ran out in front of my car, however our firm will investigate and fight aggressively for compensation on your behalf should it be appropriate.

If you or a family member suffered a severe injury because of someone else’s negligence and want to know if you have a personal damage claim, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation with our experienced Maryland personal injury attorney. We also serve the areas of Virginia and Washington DC.

It is a tragedy when a loved one dies because of another person’s negligence. While nothing can bring your loved one back, an experienced Maryland wrongful death attorney like Stuart L. Plotnick may be able to help you recover economic compensation for expenses associated with the accident and additional money to provide your family with some economic stability during this difficult time.

A wrongful death occurs when a person dies due to the negligence or misconduct of another person or company. This particular type of suit can only be made by an immediate family member who depends on the deceased person for financial support. This typically includes spouses, children, parents, and siblings.

In order to make a claim for compensation, three factors must be present:

• Negligence: You must be able to prove the negligence of the other party. For example, in an automobile accident, you must demonstrate that somebody else was at fault for the death of your loved one.
• Injuries resulted in death: You must show that the death of your loved one was a direct result of the severe injuries sustained during the accident. Even if the death does not happen immediately; if injuries suffered during the crash ultimately resulted in death, you must prove that this is the cause of death.
• Damages: You must demonstrate that you suffered economic loss as a result of the death, such as medical or funeral expenses.

If you have lost a loved one because of the negligence of someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland wrongful death attorney. We represent clients in Virginia, Maryland, and Washington DC.

Each state requires drivers to carry car insurance. As an experienced Virginia auto accident attorney, Stuart L. Plotnick knows the importance of having good insurance, and we have a few tips for finding the best car insurance for you.

• Do your research. Most companies will give you a quote online if you fill out their questionnaire. If not, they should have a customer service number you can call. Sometimes getting a quote and asking questions over the phone is even quicker than online.
• Get quotes from more than one place. Most insurance these days is competitively priced. Shop around to make sure you’re getting the best deal on the coverage you need.
• Know the coverage types. Do you know the difference between liability and collision coverage? Sit down with an insurance professional and get them to explain what each type of coverage means and how it would benefit you.
• Understand how your vehicle affects your premium. Not all cars are created equal. Insurance companies charge higher premiums for some cars, especially SUVs.

To learn more about how you may be able to recover compensation for your injuries after your car accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Virginia auto accident attorney. We represent clients in Virginia, Maryland, and Washington DC.

Being tailgated by another vehicle can be a frightening experience. It can leave you feeling scared for your safety because it doesn’t allow room between cars to react to changes in traffic. As a Virginia accident lawyer, Stuart Plotnick has seen tailgating lead to too many rear-end accidents.

As a general rule, you should allow at least a one-car gap between yourself and a car in front of you in the city and a two-car gap on the interstate. When someone speeds or drives aggressively and closes that gap, they are tailgating, often coming within inches of another car’s bumper.

Accidents caused by aggressive driving are increasing at an alarming rate. If you have been a victim of one of these accidents, Stuart Plotnick can investigate your accident claim, develop your case to prove negligence, and fight to get you the full compensation you deserve.

If you or a loved one has been injured in an accident by an aggressive driver tailgating, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Virginia accident attorney. We represent clients in Virginia, Maryland, and Washington DC.

When you check into a hospital, you put your trust in the doctors and staff for your medical care and safety. Unfortunately, in many instances that trust is misplaced as hospital errors committed by staff during the course of your stay can lead to worsening of your illness and in some cases result in death. Washington DC medical malpractice attorney Stuart Plotnick helps victims of hospital errors understand their rights and legal options to pursue compensation for their injuries.

Hospital errors can take many forms – from doctors failing to wash their hands between patient procedures and interactions, to the use and re-use of unsterilized equipment, to nurses and other staff failing to monitor patients. Bacterial and fungal infections to the blood, urinary, and respiratory systems of the body, such as the MRSA virus, are a is leading cause of many hospital injuries and deaths.  The Centers for Disease Control and Prevention (CDC) estimated roughly 1.7 million hospital-associated infections, from all types of bacteria combined, cause or contribute to 99,000 deaths each year. Other estimates indicate 10%, or 2 million, patients a year become infected, with the annual cost ranging from $4.5 billion to $11 billion. In the USA, the most frequent type of infection hospital-wide is urinary tract infection (36%), followed by surgical site infection (20%), and bloodstream infection and pneumonia (both 11%). Over one-third of these events are largely preventable, however they commonly occur because many hospitals do not provide the resources that doctors and their staff need in order to care for patients in a safe and effective manner. Hospital employees may lack:

• Sufficient training
• Effective supervision
• Necessary resources

Without these, the level of care you receive can fall way below the accepted standard of care that a hospital should provide. Often this is the result of the owners of the hospital trying to increase their profits.

If you or a loved one has been a victim of a hospital error, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Washington DC medical malpractice attorney. We represent clients in Virginia, Maryland, and Washington DC.

A new study conducted by the AAA Foundation for Traffic Safety suggests that even hands-free devices can be dangerously distracting to drivers. Researchers report that in-vehicle technology will likely increase by five-fold by 2018. Although hands-free technology can make drivers feel like they are being safer and more responsible, it may contribute to an increase in distracted driving accidents.

Dr. David Strayer and his team at the University of Utah conducted the research by measuring brainwaves, eye movement and other metrics as drivers performed common tasks, such as talking on the phone and answering voice activated emails. The team discovered that as cognitive distractions increased, reaction time decreased. Drivers did not scan the roadway sufficiently and missed visual cues of potential hazards.

Applied to the real world, this means that drivers engaged with their hands-free devices may not register important objects like stop signs, red lights or even pedestrians in the road. An increase in the use of hands-free devices could mean an increase in auto accident injuries.

If you or a loved one has been seriously injured by a distracted driver, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland auto accident attorney. We represent clients in Virginia, Maryland, and Washington DC.

No one plans to have a car accident. It can be a frightening and very stressful experience that leaves you injured and wondering what to do next. Maryland car accident attorney Stuart Plotnick offers these tips to help you protect your rights:

• Call 911. Assuming the accident is more than just a minor fender-bender with no injury, call the police and fire department to the scene. Everyone involved should be checked out by a medical professional.
• Medical treatment: Your health and well-being is the first priority after any accident. If you are injured or just do not feel right after the accident, go to the hospital in the ambulance or as soon as you can.  Get evaluated and follow all instructions from the doctors.
• Collect information. You’ll need the other driver’s name, contact information and insurance information. You’ll also want to talk to witnesses and get their contact information.
• Take photos.  To protect yourself and in order to preserve any important images of the scene, damage to the vehicles, and/or injuries to persons involved, take photographs immediately if you are able.  They can often be the key to resolving a dispute or proving some aspect of the accident or injury at a later date.  Today, if you have a cell phone, you usually have a camera.
• Record details. Although the police report will contain much of the key information about the accident, write down all of the details you can remember as soon as you can. The closer in time you do this to the accident, the more details you will be able to remember and record.
• Don’t admit fault or sign anything. Talk to the investigating police officer and your doctors.  But do not discuss the accident with the insurance company or lawyers for the other driver.

If you have been injured in a car accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland auto accident attorney. We represent clients in Virginia, Maryland, and Washington DC.

When you are injured in an accident, it’s hard to know what the next steps are. With the help of Maryland personal injury attorney Stuart Plotnick, you can pursue the compensation you need for recovery and get your life back on track.

Many people think of an accident attorneys when they have a car accident, but an accident attorney handles a wide variety of cases, including:

• Medical malpractice
• Slip-and-fall accidents
• Dog bites or other animal attacks
• Sports injuries and concussions
• Defective and dangerous products

Any time you suffer a damage and it is the fault of another person, you may be able to recover compensation. Meeting with an accident attorney is the best way to determine if you have a valid claim against another party. As soon as you are aware of the injury, you should contact an attorney because there are time limits on how long you have to bring your injury lawsuit.

If you or a loved one has been injured by the negligence of another, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Washington DC injury attorney. We represent clients in Maryland, Virginia, and Washington DC.