Disability and Negligence Blog 
Car Accidents
- Two men killed in Prince George's County auto accident
- Suspect in Car Crash that killed McDaniel Student is Brought to Maryland
- McDaniel College student killed in car accident in Westminster, Maryland
- Good News About Teen Drivers in Baltimore
Medical Malpractice
Nursing Home Abuse & Injuries
- Health Care Reform Targets Nursing Home Abuse
- Assaults on Nursing Home Residents
- Bush Administration's Secret Rule Hurts Nursing Home Abuse Victims
- Limits on Damages in Lawsuits Against Nursing Homes
- Nursing home resident found dead outside of the nursing home
Social Security Disability
- Woman with Cancer Denied Social Security Disability
- Lupus Linked to Some Birth Control Pills
- What Your Long Term Disability Insurer Doesn't Want You to Know
- How to Choose a Lawyer for Your Social Security Disability Case
- Traumatic Brain Injury and Social Security Disability
General
- Assisted Living Facility Resident Attacked and Killed by Another Resident
- 9 Year Old Boy Severely Burned by a Coleman Heater
- Virginia Personal Injury Lawyer Writes Two Books You Must Read
- Canadian lawyer Ches Crosbie's auto accident book
- Massachusetts Personal Injury Lawyer Tom Kiley
Legal News
New Social Security Disability Blog!...
Posted on 3/18/2009
Library
Social Security Disability
- Social Security Disability - What is It?
- How Does Social Security Define Disability?
- Should you hire a Lawyer to handle Your Social Security Disability Case in Maryland?
- Applying for Social Security Disability Benefits: The Long and Winding Road
- Social Security Disability: A Safety Net Full of Uncertainty
Newsletters
- June/July 2010 Newsletter - The Christie Report
- Feb./Mar. 2010 Newsletter
- Apr./May 2010 Newsletter
- Nov./Dec. 2009 Newsletter
- Sept./Oct. 2009 Newsletter
General
Car Accidents
Two men killed in Prince George's County auto accident
a minor "fender bender" accident results in the deaths of both drivers.Suspect in Car Crash that killed McDaniel Student is Brought to Maryland
In February I wrote about a terrible accident in Westminster, Maryland that killed Thomas Rouleau. a 19 year old McDaniel College student and wounded four other students. The driver who hit the students fled the scene. I am happy to see a report in the Baltimore Sun today that the suspect has been extradited to Maryland from New York. The suspect is a Reisterstown resident who was arrested in New York on other charges not related to this accident. The suspect, Shawron Bibbs, has been charged with negligent manslaughter and theft of a car. Apparently he was driving a stolen car at the time of this accident. Now he will have to answer for the tragedy that he caused.McDaniel College student killed in car accident in Westminster, Maryland
A tragic car accident happened on February 6, 2009 in Westminster, Maryland. 19 year old Thomas Rouleau died when someone driving a pickup truck slammed into the car in which Rouleau was riding and then left the scene. Rouleau was riding with four other McDaniel college students at the time of the accident. The other passengers in the car were treated for minor injuries. According to news reports the driver of the pickup truck had just been involved in a minor collision while leaving a parking space in downtown Westminster. After crashing into Rouleau's car the truck driver fled the scene. It is unthinkable to me that anyone could do such a thing and not stop to see if the passengers were hurt. There was a witness and I hope that person was able to get license plate or other identifying information about the pickup truck driver. And then I hope that the driver is held responsible for the unspeakable grief he or she has caused the Rouleau family and the students and faculty at McDaniel College. Driving is a privilege, not a right. Anyone who abuses that privilege and causes the death of another person should receive a severe penalty.Good News About Teen Drivers in Baltimore
Newly released statistics show a drop in deadly car accidents involving teenagers in the Baltimore area. From 2003 - 2007, the number of deadly accidents dropped from 62 per year to 21 per year, while the number of car accidents involving injuries dropped from more than 4,000 per year to just over 1,900 per year. While the loss of life is still too high these numbers show a dramatic improvement. Experts say that the reduction is due to changes in the licensing procedures for young drivers. Young drivers now go through a graduated entry into unrestricted driving privileges. I applaud these changes. In my law practice I see the devastation caused by fatal car accidents, particularly those involving the loss of a teenager. Any steps that will prevent even one family from dealing with that horror are worthwhile in my opinion.Medical Malpractice
St. Joseph's patients got heart stents they did not need
Hundreds of patients at St. Joseph's Medical Center have been notified that they may have had unnecessary surgery to place cardiac stents.Nursing Home Abuse & Injuries
Assaults on Nursing Home Residents
I read an article in the Chicago Tribune about a deadly assault on a nursing home resident, resulting in death. This is a shocking development but I am seeing more cases in my own law practice involving assaults on nursing home residents. These are not cases of assault by the nursing home staff. These are cases of assault by OTHER RESIDENTS. Nursing home residents have a right to be safe in the nursing home. If other residents have violent tendencies and/or medical or psychological problems that cause them to physically lash out at others, the nursing home has a responsibiltiy to protect the other residents from acts of violence. Failure to do so may be the basis for a neglect or abuse claim against the nursing home.Bush Administration's Secret Rule Hurts Nursing Home Abuse Victims
The Bush Administration put a rule in place that designates state nursing home inspectors and Medicare and Medicaid contractors as "federal employees" according to an article in The Washington Post. The public was not informed of this change and was not given any opportunity to comment or protest this change. You may ask: What's the big deal about that? Here is the big deal: this designation means that state nursing home inspectors do not have to provide evidence relating to nursing home inspections in civil litigation. The information in those inspections can be crucial in holding nursing homes accountable for negligent or abusive injuries to patients. The effect is already being felt in civil cases across the country. Routine requests for information in negligence and abuse cases are now tied up in bureaucratic red tape, to the detriment of the victims. I see victims of nursing home abuse and neglect every day in my law practice. The information from state inspectors is vital to investigations of these claims and should be a matter of public record. There is no justification for keeping it secret.Limits on Damages in Lawsuits Against Nursing Homes
I read an article recently about attempts to limit damages in lawsuits against nursing homes in Tennessee. Maryland has had these limits in all personal injury cases for many years. The nursing home industry argues that these limits are necessary because the cost of defending "frivolous" lawsuits takes away resources that would otherwise go to patient care. Who are they kidding? One problem with this argument is that the nursing home industry defines all lawsuits as "frivolous", even when patients have suffered terrible injuries or death due to neglect. In my experience representing patients who have been injured by substandard care in nursing homes, the nursing home industry will readily pay tens of thousands of dollars to defend cases where their negligence is clear and, in the end, pay significant amounts in a settlement or verdict. That just does not make sense. Wouldn't that money be better spent on hiring more staff to care for the patients and training the staff already there?Another problem with the industry's argument is that the facts do not support it. Take Maryland as an example. We have had limits on damages in injury cases for over 2 decades. Has this improved the care in nursing homes? Looking at the Medicare Nursing Home Compare website you would have to say NO. There are a significant number of nursing homes in Maryland rated "below average" and "much below average", especially the corporate homes such as Manor Care and Future Care. Apparently the savings from limited damages are not being spent to improve patient care. For more information on nursing home lawsuits visit my website.
Nursing home resident found dead outside of the nursing home
The Baltimore Examiner carried a story today about a nursing home resident in Missouri who was found dead in her wheelchair outside of the facility on Christmas Eve. According to the authorities the woman'd death will be classified as "unnatural" and "weather related". Her family said that she did not suffer from dementia and would need help to get in her wheelchair and outside of the facility. The nursing home, Northgate Park, has a 1 star overall rating (out of 5) by Medicare. It is impossible to understand how this could happen to a patient who was so vulnerable and in need of assistance and supervision. It also emphasizes the importance of gathering as much information as possible about any nursing home that you or someone in your family may need to use. A great place to start is the Medicare website, Nursing Home Compare. I see problems like this frequently in my Nursing Home Abuse practice. If you think that a loved one has suffered from negligence or abuse in a nursing home call me for a free consultation.Maryland Manor Care Nursing Homes Rate Poorly in Medicare 5 Star Rating System
Medicare today unveiled its 5 star rating system for nursing homes. 1 star means much below average. 2 stars means below average. 3 stars means average. 4 stars means above average. 5 stars means much above average. The overall star rating considers health inspections, staffing and quality measures. What does this mean for the consumer? It is a good thing because it will be easier to evaluate and compare nursing homes. For example, HCR Manor Care is a for-profit organization based in Ohio. It owns and operates nursing homes throughout the country. Twelve are in Maryland. Ten of those twelve nursing homes are rated below average or much below average. Medicare considers one home, Manor Care Rossville, a special focus facility. This means that the facility has a persisitent history of poor quality care and is subject to more frequent inspections and monitoring. This is vital information that you must have if a loved one needs care in a nursing home. Too often, families become aware of deficiencies in care only after a loved one has been injured. I see this often in my law practice. I am glad that families now have a helpful way to get needed information about the quality of care in nursing homes.Mandatory Arbitration Clauses in Nursing Home Contracts
Admitting a loved one to a nursing home is an emotional and difficult experience. Increasingly, nursing homes are including mandatory arbitration clauses in their admission papers. By signing a mandatory arbitration clause, the patient and/or his family gives away a significant legal right -- trial by jury should a dispute arise over the quality of care rendered to the patient. These clauses purport to be voluntary. However, the patient and/or his family is already under great stress at the time of admission, worrying about the patient's health and future care needs. Usually, they simply sign all of the necessary admission papers without any understanding of the implications of such a clause. Recognizing the unfairness of these clauses, legislation has been introduced in Congress to invalidate them. But the powerful forces of the nursing home industry are fighting hard to defeat this legislation, and they may win. Why is the nursing home industry fighting so hard? MONEY. The industry knows that juries will hold nursing homes accountable for bad care and award significantly more in damages than most arbitrators. Wouldn't it be better if, instead of spending money on lobbyists to influence Congress, the industry spent that money to hire more patient care staff and better train that staff? Maybe then the nursing homes would not have to worry so much about lawsuits.
Nursing Home Abuse: Why Does it Happen?
I just read a news report out of the state of Missouri about a nursing home worker charged with hitting a resident and forcing water into his nose and lungs through oxygen tubing. How can this happen? Based on my experience representing victims of nursing home abuse I believe that there are several reasons. First, many nursing homes are grossly understaffed. The nurses and aides must care for a large number of patients with complex problems, but have little time to spend with each patient. Under pressure to perform tasks quickly the staff can lose their own patience and take it out on the people they care for. Second, many nursing homes do not properly screen potential employees by checking references and criminal backgrounds. Failure to do background checks can result in terrible hiring decisions. Finally, residents in nursing homes today frequently suffer from multiple and complex medical and psychiatric problems. The staff at many nursing homes are not properly trained to deal with these complexities. For more information about nursing home abuse and injuries visit the Nursing Home section of my website.Nursing Home Patient Wanders Away from the Home and Dies
I just read an article about a nursing home patient in New York who wandered out of the home unnoticed. Two days later she was found in the woods - dead. You may think this is unusual but I can tell you that is not the case. I have handled this type of case in Maryland. In my experience, the problem results from a failure of the facility to have enough staff on duty to properly care for the residents. Patients who suffer from dementia or Alzheimer's frequently wander. If a facility accepts these patients then there must be enough staff to watch them as well as other safeguards, such as alarms, to alert the staff if a patient leaves the unit or walks out the front door. For more information about Nursing Home Neglect, visit my website, www.SharonChristieLaw.com.Deficiencies Higher at For-Profit Nursing Homes
I just read a very troubling report from the Inspector General for the Center for Medicare and Medicaid Services about deficiencies in nursing homes nationwide. Any nursing home that accepts Medicare or Medicaid patients must meet Federal standards and be inspected at least every 15 months for compliance with those standards. If the nursing home fails to meet one or more standard, a deficiency is issued. In each of the past three years more than 91% of the nursing homes surveyed received deficiencies. Between 2005 and 2007 the average number of deficiencies per nursing home increased more than 10% from 6.4 to 7.0. In each of the past three years for-profit have higher percentage of deficiency then not-for-profit or government. In addition, for-profit nursing homes had a higher average number of deficiencies than either of the other two groups. For example, in 2007 for-profit homes had an average 7.6 deficiencies per home, while not-for-profits had 5.7 and government homes had 6.3. Of even greater concern is the nature of the deficiencies. The most commonly cited deficiencies for all nursing home over the past three years were quality of care, resident assessment and quality of life. A more alarming finding is that in 2007 nearly one in every five nursing homes surveyed were cited for deficiencies which caused actual harm to a patient or placed the patient's life in immediate jeopardy. These numbers are shocking. Patients in nursing homes are totally vulnerable and at the mercy of their caregivers. There is no excuse for injury or harm to a patient from a failure to meet these Federal standards. For more information about Nursing Home Neglect visit my website at www.SharonChristieLaw.comSocial Security Disability
Woman with Cancer Denied Social Security Disability
A woman is Arizona is so frustrated by the Social Security disability process that she has put a plea to President Obama on You Tube. Gayle Debilbiss of Tuscon, Arizona suffers from several medical conditions and was recently diagnosed with Stage 3-4 non-Hodgkin's lymphoma. She has applied for Social Security disability and been denied - twice. In this video she expresses the frustrations of so many of my clients. Having worked hard all of her life she now needs some help -- but cannot get it. I would tell her what I tell all of my clients: DON"T GIVE UP! The standard for Social Security disability is much higher than most people think. You must be unable to do any type of work on a full time basis for a year or more. But, the standard is not impossible to meet. Ms. Debilibiss should hire an experienced Social Security disability lawyer who will build her case file and get specific information from her doctors about the limitations she suffers from her medical conditions. Medical evidence is the key to getting benefits.Lupus Linked to Some Birth Control Pills
A recent news article reports on a study from McGill University in Montreal showing a link between lupus and certain types of birth control pills. Susceptible women were found to be 1.5 - 2.5 times more likely to develop lupus thatnwomen who had not used the pills. Further study of this link is certainly needed. Lupus is a condition that I frequently see in my Social Security Disability cases. The severity of symptoms varies from patient to patient. However, when it is disabling the most prominent symptoms that I see are extreme fatigue and joint pain. If you suffer from lupus and the condition keeps you from working you may qualify for Social Security Disability benefits. For more information about Social Security Disability Claims, order a copy of my book, Unofficial Guide to Social Security Disability Claims, from my website, www.sharonchristielaw.comWhat Your Long Term Disability Insurer Doesn't Want You to Know
If you pay for a long term disability policy, or receive it as an employee benefit, and you pay Social Security taxes I bet you think that if you become disabled you can collect both private disability plus Social Security disability, right? Well, in most cases you are WRONG! What most people do not know is that long term disability insurers can make you apply for Social Security disability and, if you get it, reduce their payment to you by whatever amount Social Security pays you. Is this fair? Of course not. You have paid premiums for the private policy and taxes for the Social Security benefit. I was pleased to see that the state of Connecticut is trying to do something about this injustice. Connecticut State Senator Edith Prague and Attorney General Richard Blumenthal have joined forces to support legislation that would correct this problem. According to Senator Prague, “This legislation amounts to a simpl[e] act of fairness because residents routinely pay into both programs through insurance premiums and payroll deductions and should receive benefits from both programs if and when needed.” I couldn't agree more. Many of my disability clients have been sadly surprised to learn that they cannot collect the full amount of disability payments they paid for in addition to their Social Security disability. It would be great if the State of Maryland followed Connecticut's example.Traumatic Brain Injury and Social Security Disability
I just added an article to my website library on Traumatic Brain Injury and Social Security Disability. If you have a traumatic brain injury and want to know if you can get Social Security disability, check it out!How to Choose a Lawyer for Your Social Security Disability Case
Choosing a lawyer to represent you in a Social Security disability case is one of the most important decisions you will make. you will work closely with your lawyer and you must choose her carefully. I wrote this article to help you find the best lawyer for your case.Economic Stimulus for Processing Social Security Disability Claims
Is there finally some hope that the terrible backlog of Social Security disability cases will be dealt with? According to a report on the stimulus package just passed by Congress $500 million is designated for "processing disability and retirement workloads". I don't know how much relief this will bring to the hundreds of thousands of disabled people who are waiting for a decision on their disability claims. I certainly hope that the processing of these claims becomes a top priority. Every day in my law practice I deal with clients who are living in fear of losing their homes or being evicted because they cannot work and have no income. And then I have to tell them that it may take 2 years for their disability case to be resolved because of the nationwide backlog of 700,000+ cases. It is terribly frightening for my clients. They deseve better. Let's hope that help is on the way.Fibromyalgia and Social Security Disability Benefits
I have represented many clients with fibromyalgia in Social Security disability cases. The first question they usually ask me is whether someone can "get benefits for fibromyalgia". The answer is YES, but getting Social Security disability benefits does not depend on your diagnosis. Evidence of the diagnosis is just the first step. The key to getting disabiltiy benefits is submitting evidence of the limitations that you have because of the fibromyalgia. For example, fibromyalgia can cause debilitating pain that prevents you from being able to walk long distances, sit for an extended period or take care of your house. Medical evidence documenting the frequency and severity of your pain will support the claim for benefits. Therefore it is very important that you thoroughly describe your symptoms and the effect on your day-to-day activities to your doctor. For more information about Social Security disability claims visit my website at www.SharonChristieLaw.com.Man Needs a Heart Transplant - Finally gets Social Security Disability Benefits
It is not easy to get Social Security disability benefits. Anyone who has tried or, like me, represents clients who need the benefits knows this is true. But the situation described in a recent newspaper article is ridiculous. A 24 year old South Carolina man suffers from a severe and life threatening heart condition. According to his doctor, his heart only works at only 30% capacity. As a former nurse, I can tell you that this is debilitating and certainly not compatible with being able to work. But that is not what Social Security said! Socail Security denied his disability claim because he was "fit to work". As a result, he could not get health insurance and, therefore, could not get on the list for a heart transplant -- which he needs. After his story appeared in a local newspaper his disability claim was approved -- the same day. This shows the lengths that you must go to prove your claim. Fortunately, this young man and his family did not give up. That is the advice I give my disability clients. The process is long and frustrating, but don't give up. For more information about Social Security disability go to my website, www.SharonChristieLaw.com.Social Security Disability and Bipolar disorder
I work with many clients who are unable to work because of Bipolar Disorder. The terrible mood swings that result from Bipolar Disorder interfere with all aspects of my clients' lives, including the ability to hold down a job, the ability to maintain a relationship with a spouse and the ability to maintain a household. This disease is not limited to any specific age group, gender or economic status. In fact, Margaret Trudeau, former wife of the late Canadian Prime Minister Pierre Trudeau, has written a book about her own struggle with the disease. If you know someone who struggles with Bipolar Disorder, is unable to work because of it and is trying to get Social Security disability benefits, the Law Office of Sharon A. Christie can help. Give us a call at 410-823-8200.
Do I need a Lawyer for my Social Security Disability Case?
Must you have a lawyer to pursue a Social Security disability case? No. Do you need a lawyer to put together the best case possible and maximize your chances of winning? YES. A lawyer with experience handling Social Security disability cases will know what records are needed to strengthen your case. A lawyer with experience handling Social Security disability cases will know how to argue your case in court. For more information about why you should hire a lawyer for your case see my article on this topic on my website.
Sharon Christie
201 W. Padonia Road
Suite 101
Timonium, MD 21093
Phone: 410-823-8200
Fax: 410-823-8208
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Case Results
Car Accidents
Six figure settlement for a client injured in a head-on collision
Medical Malpractice
Settlement in brain injury case
Help for family of deceased man
Nursing Home Abuse & Injuries
Settlement in choking death case
Social Security Disability
Client Gets Social Security Disablity in Three Months
48 Year Old with Cervical Disc Herniations gets Fully Favorable Decision
Client with Multiple Personality Disorder Approved for Benefits