St. Joseph Medical Center in Towson, a hospital known and respected in no small measure for its cardiology department, is being accused of conduct that goes well beyond medical malpractice. The Stent Allegations The allegations are beyond stunning: at least 369 of St. Joseph’s heart patients have received coronary stents…
Articles Posted in Medical Malpractice
Maryland Medical Malpractice Cap Opinion: Plaintiffs Lose. Big.
In a 7-0 decision, the Maryland Court of Appeals overturned a Montgomery County trial judge’s ruling in Lockshin v. Semsker that Maryland’s medical malpractice cap applies to all malpractice lawsuits, including those where one party waived health claims arbitration. But that is not the only blow the opinion gives to…
Expert Fees: Court Ruling in New Jersey
This doctor I deposed last week makes $1,700 an hour. (Or maybe she is just a stock photography model.) The Kentucky Injury Lawyer Blog reports that a federal judge in New Jersey held the line on rampant expert fees last week, holding that while neurosurgeons should be able to demand…
Maryland Court of Appeals on Venue | Burnside v. Wong
Yesterday in Burnside v. Wong, the Maryland Court of Appeals affirmed the Court of Special Appeals and a Baltimore City trial judge’s finding that Baltimore County was an appropriate venue for a medical malpractice lawsuit filed in Baltimore City. Trial Judge Usually Makes the Call on Venue The doctor had…
Which States Have Malpractice Damage Caps in 2018?
Medical malpractice lawyers, victims’ advocacy groups, doctors (and their lobbyists), and insurance companies have produced a heretofore unprecedented spate of editorials on medical malpractice reform in the last few months. Even I’m bored with it. But a recent editorial in Salon is a little different because the message—that medical malpractice…
University of Maryland Medical Systems v. Waldt
This morning I blogged about University of Maryland Medical Systems v. Waldt in one of the longest posts in Maryland Injury Law Center history. Apparently, considering my blog post and the criticisms in the post, the Maryland Court of Appeals withdrew the opinion. (Okay, maybe it did not happen quite…
New Maryland Medical Malpractice Lawyers Opinion
The Maryland Court of Appeals reached a decision in University of Maryland Medical System v. Waldt, a case that is reverberating among medical malpractice lawyers in Maryland. (Note: In yet another incredible turn, the Maryland high court has – temporarily at least – withdrawn this opinion.) Yet the back story…
Evidence of Expert’s Personal Practices: A New Opinion in Georgia
The Georgia Supreme Court recently ruled in Condra v. Atlanta Orthopaedic Group on an interesting issue in medical malpractice cases: can the standard-of-care medical expert be subject to cross-examination about what the expert would have done if the doctor had treated the patient? (If you are not interested in the…
Medical Malpractice Lawsuits and Malpractice Premiums
In response to a call from one doctor for medical malpractice reform in Montana, Thomas C. Bulma, a Missoula lawyer, points out the following facts: Only one Montana dentist has been the subject of a lawsuit in Montana in the past 10 years. The dentist prevailed. Only one podiatrist was…
“I’m Sorry” May Have No Impact on Medical Malpractice Lawsuits
The new popular wisdom that gained currency last year is that doctors who apologize for their mistakes are less likely to face a medical malpractice lawsuit than doctors who refuse to come clean. This supports what medical malpractice lawyers have long claimed: patients are often most angered by concealment of…