The New York Times has a good article today on Independent Medical Examination doctors, including a doctor referred to by New York injury lawyers as “Doctor Says-No.” We have several IME doctors in Maryland that must be related to him because they have the same last name. The New York…
Articles Posted in Discovery
My Duel Life as a Legal Malpractice Defense Expert
One-hundred percent of our law firm’s practice is personal injury cases. We do not and will not take any defense cases even if we believe in the defendant’s case. Yet, last year I found myself on the other side of the coin as a defense expert. I served as a…
Defendant’s Motion to Compel IME
Last week, a well-respected defense lawyer told one of our lawyers they possessed the Maryland Trial Lawyers Association’s “Handbook,” which spells out the terms for a defense requested medical examination. This “Handbook” has made its way into a Motion to Compel a Physical Examination, specifically including this “MTLA Handbook” as…
Insurance Defense Lawyers: Who’s Your Daddy?
We are handling a red light/green light auto accident case that occurred in Towson, Maryland a few years ago that resulted in substantial permanent injuries to our client. Trial is a few months away. The insurance company for the Defendant is the Maryland Automobile Insurance Fund (MAIF). Their attorneys recently…
Protecting the Injury Victim During Deposition
Goal number one when your client is giving a deposition is to do no harm. The greatest harm your client can do in almost any personal injury case in his/her deposition is to get caught in a lie. Clients are most prone to “lie” about prior car accidents because they…
Copying Medical Records
One of the most tedious chores accident attorneys in Maryland must perform is the collection of medical records in personal injury cases. How much can health care providers charge Maryland lawyers for copying the medical records? The brief answer: a lot. The Maryland Health-General Annotated Code §4-304 sets for the…
Independent Medical Exams: Personal Injury Attorney Cross-Examination of Defendant’s Medical Expert
A few days ago, I wrote about a judge’s article entitled Alice in Discovery Land (A Practical Guide to Recurrent Discovery Problems) that appeared years ago in Maryland Litigator, quoting Judge Smith’s comment about the oxymoronic phrase independent medical exam. Counsel on both sides of the aisle have their own…
Alice in Discovery Land
I had the opportunity last night to read an article written by Maryland Circuit Court Judge Thomas P. Smith entitled “Alice in Discovery Land (A Practical Guide to Recurrent Discovery Problems)” that appeared years ago in Maryland Litigator, a periodical which I believe no longer exists. Reading his article reminds…