In January, I wrote about Marcantonio v. Moen, an Anne Arundel County medical malpractice lawsuit that the trial court dismissed on summary judgment. The malpractice lawsuit alleges wrongful death as the result of an OB/GYN’s misinterpreting a sonogram and failing to order sufficient tests to follow up on the woman’s…
Overlawyered links to a post called Munchausens by Attorney. The blog, Throckmorton, is written by a doctor who says he is a “mere foot soldier stuck in the medical-legal battlefield.” I don’t know what this means, either. But it is a decent blog. The post deserves a link because the…
I read in the paper today that attorneys Dale Adkins, III and Emily C. Malarkey, both with Salisbury, Clements, Bekman, Marder & Adkins in Baltimore, filed a wrongful death medical malpractice case against an OB/GYN in Salisbury. We also have a case pending against the same doctor. [2013 Update: we…
Interesting data from Jury Verdict Research on the median and average values of wrongful death cases where the decedent is female. The overall average compensatory award for wrongful death of an adult female over the last eight years in the United States is $2,990,032 ($1,102,976 is the median). Age is…
On Monday the Montana Supreme Court ruled in a 5-2 decision that a father’s wrongful death medical malpractice claim on behalf of his 16-year-old son was time-barred. In Runstrom v. Allen, the plaintiff’ son sustained a broken femur in an ATV accident (I wonder if it was a Yahama Rhino…
There is an article in the New York Times today that concludes that it is best to settle most accident, malpractice, and breach of contract claims based on a recent study. The basis for the conclusion is a study suggesting that defendants made the wrong decision by proceeding to trial,…
The 11th Circuit Court of Appeals decided whether a debtor’s claims for legal relief that arose after the confirmation but before the completion of his plan to pay creditors are property of the estate, under Chapter 13 of the Bankruptcy Code. Here, after the debtors’ joint Chapter 13 plan was…
The Baltimore Sun reports today the medical malpractice rates continue to fall. My favorite line from the article: “Since that deal was struck, claims payouts have fallen sharply, sparking debate over whether a malpractice crisis ever existed.” Hmmm, I hadn’t thought about that. I’m preparing for trial on Monday and…
While I was on vacation, I promised more commentary on Matsuyama v. Birnbaum, a landmark medical malpractice opinion on loss of chance from the Massachusetts Supreme Judicial Court. In Matsuyama, the 42-year-old Plaintiff’s decedent, Mr. Matsuyama, saw the Defendant doctor, a board-certified internist, and his primary care doctor, for a…
The Massachusetts Supreme Judicial Court – Massachusetts’ highest court – ruled yesterday that courts can hold medical doctors liable for medical malpractice that reduces a patient’s survival chances even if the patient’s chances of recovery was already less than 50 percent. Maryland also has a loss of chance case pending…