Practice Areas
- Medical Malpractice
- Car / Truck Accidents
- Birth Injuries
- Brain Injuries
- Spinal Cord Injuries
- Catastrophic Personal Injuries
Blog 
Medical Malpractice
- Retained Foreign Object Cases Remain A Patient Safety Risk
- 529 Medical Errors Reported in the District of Columbia In One Year
- Preemption of Tort Litigation
- Medicare Stops Paying for Medical Errors
- Serious But Preventable Medical Injuries On The Rise
Brain Injuries
Catastrophic Personal Injuries
Public Health Safety Annoucements
- Anti-Patient Bill Fails In Virginia General Assembly Subcommittee
- New Study Offers Reminder to Parents to Secure Medications at Home
- Patient Follow-up Is Vital
Insurance
General
- It Is The Insurance Industry That Is In Dire Need Of Reform
- New Harvard Study Deals Another Blow To Tort Reform Advocates
- Frivilous Lawsuits Myth Debunked
- Are Insurance Companies Shedding Their Role As Risk-Bearers In An Effort To Become Profitable Financial Institutions?
- Study Finds Type Of Health Care Inusrance Affects The Quality Of Care Patients Receive
News
- Government Study's Findings About The Prevalence Of Hospital-Based Infections Called "Astonishing"
Posted on 8/27/2009 - Study Finds Radiation Risk for Patients
Posted on 8/27/2009 - FDA Panel Recommends Lowering Daily Dose of Acetaminophen
Posted on 7/6/2009 - Studies Call Into Question Value Of Prostate Screening Test
Posted on 7/6/2009 - Study Shows Link Between Death and ADHD Drugs
Posted on 6/17/2009 - New Research Challenges Wisdom of Routine Removal of Ovaries
Posted on 4/21/2009 - "Best Lawyers in America" recognizes all three Shevlin Smith attorneys
Posted on 12/4/2008 - Federal Court Strikes Down Dangerous Trucking Law
Posted on 12/4/2008 - Lives Saved in 2007 by Restraint Use and Minimum Drinking Age Laws
Posted on 12/4/2008 - World Health Organization Issues a Checklist to Make Operations Safer
Posted on 12/4/2008
Library
Old Firm News
- Tom Smith Named Super Lawyer
- Shevlin Smith Moves Office
- Virginia's Largest Verdicts of 2006
- Virginia's Largest Verdicts of 2005
Brain Injury
Medical Articles
- Report to Congress on Mild Traumatic Brain Injury in the United States: Steps to Prevent a Serious Public Health Problems
- Elective C-sections performed too early 36% of the time
- Experts Worry About Rise In C-Section Births
- Millions of Seniors Use Risky Drug Combinations
- "Repairing the Damaged Spinal Cord"
Significant Court Decisions
- Virginia Supreme Court Issues Important Decision For Disputed Wrongful Death Cases
- Virginia Supreme Court clarifies the foundational requirements for the admissibility of medical literature
- Virginia Supreme Court addresses damages issue in truck accident wrongful death case
- Massachusetts Supreme Court Holds That A Doctor's Responsibility Goes Beyond Patients
- Trial Court Order Awarding Plaintiff Costs and Attorney's Fees As A Result Of Defendant's Refusal To Admit An Uncontested Fact
Car / Truck Accidents
- Large-Truck Crash Causation Study: An Initial Overview
- Speeding Triples The Chances of an Auto Accident
Tort Reform News
- Insurance companies drastically raise insurance premiums for doctors despite a fall in the number of medical malpractice case filings
- The Ten Worst Insurance Companies in America
- "The Fairness of Malpractice Settlements"
- Harvard School of Public Health study: "Claims, Errors, and Compensation Payments in Medical Malpractice Litigation"
Document Library
On the page below you can find links to documents, reports, publications and discussions provided by Shevlin Smith.
The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.
Contact us for a consultation today.
- Old Firm News
- Brain Injury
- Medical Articles
- Significant Court Decisions
- Car / Truck Accidents
- Tort Reform News
Old Firm News
- Tom Smith Named Super Lawyer
Tom Smith has again been named a Super Lawyer in the field of Plaintiff's Personal Injury:Medical Malpractice in Metro DC for 2008. He previously received this honor in 2007 in both Metro DC and Virginia. Other attorneys in Virginia nominate and vote for honorees, and only 5% of the attorneys in Virginia receive this designation.
- Shevlin Smith Moves Office
On October 1, 2007, Shevlin Smith moved its offices to its new location at 3975 University Drive, Suite 405, Fairfax, Virignia 22030. The office is conveniently located near the Fairfax County Courthouse and is a block of the intersection of Route 123 and Route 236. Shevlin Smith's telephone number remains the same - (703)591-0067.
- Virginia's Largest Verdicts of 2006
Virginia Lawyers Weekly recognizes Brian Shevlin and Michael Shevlin for 11th largest verdict in the State of Virginia in 2006. It was the 4th largest verdict involving a Virignia medical malpractice case.
- Virginia's Largest Verdicts of 2005
Virginia Lawyer's Weekly recognizes Michael Shevlin and Brian Shevlin for receiving the sixth largest jury verdict in the State of Virginia in 2005. This verdict was the second highest medical malpractice award in Virginia in 2005.
Brain Injury
- Clinical Policy: Neuroimaging and Decisionmaking in Adult Mild Traumatic Brain Injury in the Acute Setting From [PDF]
In 2008, the American College of Emergency Physicians revised its Clinical Policy concerning the "Neuroimaging and Decisionmaking in Adult Mild Traumatic Brain Injury in the Acute Setting." Its new policy provides evidence-based recommendation in the area of the management of adult patients with mild traumatic brain injuries in the acute setting.
Medical Articles
- Report to Congress on Mild Traumatic Brain Injury in the United States: Steps to Prevent a Serious Public Health Problems [PDF]
- Elective C-sections performed too early 36% of the time
The American College of Obstetricians and Gynecologists recommends that elective C-sections be performed no sooner than 39 full weeks of gestation. A recent research study funded by the National Institute of Child Health and Human Development (NICHD) found that 36% of C-sections were performed earlier than this benchmark. Babies delivered by C-sections before 39 weeks have been shown to have increased birth-related problems such as respiratory distress, lower blood sugar, infection or a need for intensive care.
- Experts Worry About Rise In C-Section Births
This story from the U.S. News and World Report notes that nearly 1 in 3 pregnant women had a C-section in 2006. A decade earlier, only 1 in 5 women gave birth by C-section. Physicians discuss the reasons for the rise in C-section, and the pros and cons of having a C-section.
- Millions of Seniors Use Risky Drug Combinations
The Journal of American Medical Association (JAMA) recently published an article that focused on medication drug use by senior citizens and the risks associated with the combined use of multiple medications. The article was based upon research funded by the National Institutes of Health and University of Chicago.
Based upon 3,000 interviews with people aged 57 to 85, the researchers found that 91% of the people interviewed used at least one medication, and that more than 50% used at least five medications.
The most worrisome potential combinations cited by the researchers were as follows:
(1) Warfarin (a potent prescription clot-fighting drug) taken with aspirin increased the risk of excess bleeding;
(2) Aspirin taken with over-the-counter ginkgo supplements also increased the chances for excess bleeding;
(3) Lisinopril (a blood pressure drug) taken with potassium can cause abnormal heart rhythms;
(4) Statins (a prescription cholesterol-lowering drug) taken with over-the-counter niacin (a type of vitamin B that also lowers cholesterol) increases the risks for muscle damage.
Of chief concern is that many senior citizens do not appreciate the risks associated with combined medication drug use, including the potential effects from over-the-counter medication use such as herbal remedies. - "Repairing the Damaged Spinal Cord" [PDF]
Dr. John W. MacDonald and the Research Consortium of the Christopher Reeve Paralysis Foundation write about the significant advances in the understanding of spinal cord injuries and new approaches for the treatment of spinal cord injuries.
Significant Court Decisions
- Virginia Supreme Court Issues Important Decision For Disputed Wrongful Death Cases [PDF]
The decision in Centra Health, Inc. v. Mullins is a big victory for plaintiff's rights.
- Virginia Supreme Court clarifies the foundational requirements for the admissibility of medical literature [PDF]
In Bostic v. About Women OB/GYN, the Virginia Supreme Court addressed the issue as to the foundational requirements for the introduction of medical literature pursuant to Virginia Code 8.01-401.1. The Bostic Court held that the trial court erroneously admitted medical literature, and reversed a jury verdict in favor of the defendant.
- Virginia Supreme Court addresses damages issue in truck accident wrongful death case [PDF]
In Wright v. Minnicks, the Virginia Supreme Court reversed a trial court's decision to set aside a verdict in favor the plaintiff. The jury had awarded the plaintiff significant damages for loss of income, services, protection and assistance as a result of the decedent's death, but had awarded the plaintiff zero compensation for loss of solace damages. The Wright Court held that in light of evidence that showed the plaintiff's and decedent's marriage was failing, the jury's award of zero compensation for loss of solace damages was not inappropriate.
- Massachusetts Supreme Court Holds That A Doctor's Responsibility Goes Beyond Patients
- Trial Court Order Awarding Plaintiff Costs and Attorney's Fees As A Result Of Defendant's Refusal To Admit An Uncontested Fact [PDF]
- Virginia Supreme Court reaffirms mother's right to recover for her own emotional distress suffered as a result of an in utero injury to her fetus [PDF]
The Virginia Supreme Court upheld a jury's verdict in favor of a mother's emotional distress claim arising from a birth injury to her son. The significance of this decision is that it recognizes that an injury suffered by a baby while in the mother's womb causes harm to both a mother and her child. As a result, both mother and child are permitted to recover for their injuries and Virignia's statutory cap on damages will apply to the mother and child separately. Mother and child are each entitled to recover an amount up to the limits of Virginia's medical malpractice cap.
- Virginia Supreme Court agrees with trial court's decision to fine defense attorney who raised groundless legal defenses [PDF]
In an era when plaintiffs and plaintiff's attorneys are routinely criticized for bringing frivolous lawsuits, a Fairfax County trial court judge held that a defense attorney for Ford Motor Company raised legal defenses that were without any factual support. The trial judge fined the defense attorney as a result. In the attached opinion, the Virginia Supreme Court agreed with trial court's decision.
Car / Truck Accidents
- Large-Truck Crash Causation Study: An Initial Overview [PDF]
This study was published in August, 2006 based upon data collected by the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMSCA). It was the first national study that determined the reasons and associated factors contributing to serious large-truck crashes.
- Speeding Triples The Chances of an Auto Accident
Tort Reform News
- [PDF]
- Insurance companies drastically raise insurance premiums for doctors despite a fall in the number of medical malpractice case filings [PDF]
- The Ten Worst Insurance Companies in America [PDF]
- "The Fairness of Malpractice Settlements" [PDF]
This article is a summary of a large study conducted by Philip G. Peters, Jr., a professor of law at the University of Missouri-Columbia School of Law. Analyzing over a dozen studies from the last 25 years, Professor Peters refutes the claims that our legal system favors plaintiffs and that doctors and other health care providers are settling frivilous lawsuits to avoid trial.
- Harvard School of Public Health study: "Claims, Errors, and Compensation Payments in Medical Malpractice Litigation" [PDF]
This study conducted by the Harvard School of Public Health was published in the New England Journal of Medicine, one of the most prestigious journals in the medical profession. The study examined the current debate over tort reform, specifically the issue of whether the frivolous litigation is common and costly in the medical malpractice system. Its findings: "portraits of a malpractice system is stricken with frivolous litigation are overblown" and "the malpractice system performs reasonably well in its function of separating claims without merit from those with merit and compensating the latter."
- "To Err Is Human: Building A Safer Health System"
Recognizing that "to err is human" this report from The Quality of Health Care in America Committee of the Institute of Medicine examined the widespread nature of preventable errors in the United States. Such errors lead to the unnecessary deaths of as many as 98,000 Americans each year. This report sets forth recommendations that will help improve our country's health care system.
- Financial Statements From 15 Largest Medical Malpractice Insurers Show Increase In Doctor's Insurance Premiums Not The Result Of Medical Malpractice Lawsuits [PDF]
Let Us Help You
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3975 University Drive
Suite 405
Fairfax, VA 22030
Phone: (703) 591-0067
Fax: (703) 591-1877
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FAQs
General Questions
- If I was injured due to the negligence of another person, should I seek medical treatment?
- What is the likelihood of my case settling without having to go to trial?
- What are the expenses for bringing a medical malpractice or personal injury case?
- What fee does an attorney charge for representing a client in a medical malpractice or personal injury claim?
- What should I do if I believe that I have been injured due to medical malpractice or the negligence of another person?
Car / Truck Accidents
What information can I provide to an attorney to assist the attorney in the review process of my case?
I have been injured in a car or truck accident and I am now receiving calls or letters from the insurance company of the person who caused the accident. What should I do?
Birth Injuries
- What if I suspect that my child’s injury was caused by medical negligence at birth?
- How is negligence proved in cases of birth injuries?
- What are the main types of birth injury cases?
Medical Malpractice
- Will my medical malpractice case require expert witness testimony, and how do you select an expert witness?
- How does one know if he or she is a victim of medical malpractice or negligence?
- How does a law firm determine which medical malpractice cases to accept?
- Are surgical injuries considered medical malpractice?
- Will my health care providers tell me if a mistake has been made?
Brain Injuries
- What is a concussion, and does suffering a concussion mean that I have suffered a permanent brain injury?
- What is the prognosis for a person who has suffered a traumatic brain injury?
- What is the frequency of traumatic brain injuries in the United States?
- How is a brain injury diagnosed?
- What are the symptoms of a subtle or mild brain injury?