Chronic inflammatory demyelinating polyradiculoneuropathy (CIDP) is an uncommon neurologic condition causing impairment of the arms and legs. CIDP is a condition that is frequently misdiagnosed leading to harmful delays in treatment or unnecessary treatments. If you have been harmed by a misdiagnosis of CIDP you may be entitled to bring…
I got a call Thursday night from a woman alleging medical malpractice. My first question is always when did this happen because I need to determine if she has either missed Maryland medical malpractice statute of limitations. I also need to know if she is so close to it that…
The cap on pain and suffering damages that can be recovered in Maryland medical malpractice cases increased on Wednesday, January 1, 2020. What is the malpractice cap in Maryland in 2020? It is $830,000 for a living plaintiff or a wrongful death case where there is only one wrongful death…
The Maryland Court of Special Appeals decision last week, in Choudhry v. Fowlkes 2019 WL 5677904 (Md. App., Nov. 1, 2019) is probably the most significant new development in Maryland personal injury law in 2019. Choudhry articulates a new 3-part rule for when plaintiffs in wrongful death cases can recover…
Gallagher v Mercy Medical, a new malpractice case handed down this week by the Maryland Court of Appeals, is the most recent decision from our high court in which a plaintiff’s medical malpractice claims against Mercy Hospital were barred under the “one satisfaction” rule. This rule makes it tough to…
The Michigan Supreme Court came out a few weeks ago with a very interesting opinion in favor of the Plaintiff in a malpractice claim that most likely would fail in Maryland. The doctor’s malpractice attorneys argued that the allegation that the doctor’s negligence reduced the risk of stroke from 10 to…
Anesthesia malpractice claims in Maryland have declined. That is right. Something good is happening. Anesthesiologists have gotten better at delivering the appropriate amount of sedation. Why have they gotten better? I would say malpractice lawsuits. Anesthesiologists were forced to improve because their malpractice premiums were through the roof. Today, they…
In recent years, we have been picking up more malpractice cases — primarily birth injury cases — in jurisdictions outside of Maryland and D.C. We have handled claims close to home like Pennsylvania and West Virginia and we have also handled (and settled) cases as far away as Oregon. To…
I look at every medical malpractice case that gets filed in Maryland. It is incredible to me how many lawyers wait until the last minute to file a lawsuit. In Dunham v. University of Maryland Medical Center, a bedsore case decided a few weeks ago by the Maryland Court of…
As I have said before, a jury trial is about assigning blame. The three suspects are the plaintiff, defendant, or “it happens.” Defense lawyers’ preference is being able to blame the plaintiff. In medical malpractice cases, the plaintiff often makes choices that put them in the spot of needing treatment…