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…
Articles Posted in Medical Malpractice
Average Medical Malpractice Verdicts by Injury
Jury Verdict Research has some interesting statistics on the value of different types of medical malpractice. Malpractice cases are among the toughest to pick. We have taken great pride in getting verdicts and settlements in malpractice cases that other lawyers have summarily turned down. It really makes you feel super smart…
Pointing to the Empty Chair | Maryland High Court Malpractice Opinion
More often than not, a jury trial in a wrongful death or severe injury case is about assigning blame. Jurors want someone to blame for the harm that was caused. Usually, this is either the plaintiff or the defendant. In medical malpractice cases, jurors may also point to bad luck as…
New Case Before Court: Is This an Allegation of Malpractice?
The Maryland Court of Appeals granted cert in five cases yesterday. One of the cases, Davis v. Frostburg Facility Operations, is of interest to Maryland medical malpractice lawyers because it addresses the question of what constitutes an allegation of medical malpractice that invokes the Maryland Health Claims Act. Facts Davis…
New Law: Breach of Contract in Maryland Medical Malpractice Cases
Last week, in Henneberry v. Pharoan, the Maryland Court of Special Appeals looked at whether there can be a breach of contract lawsuit that runs concurrently with a medical malpractice claim. The case clarifies Maryland law on when a breach of contract claim might jibe with a medical malpractice claim.…
Sepsis Misdiagnosis Wrongful Death Cases in Maryland
Sepsis is a silent killer that should be diagnosed and treated with the same urgency as a heart attack. But it is not treated with urgency, making it is the one reason why so many medical malpractice lawsuits in Maryland involve either missed sepsis diagnosis or a failure to adequately…
Maryland Medical Malpractice Lawsuits 2016
Here is an interesting look at the first 20 medical malpractice lawsuits filed in Maryland in 2016 with a brief summary of plaintiff’s allegations in the case. You can get all malpractice lawsuits filed in Maryland in 2017 up until April on our website. Hall v. Genesis Healthcare, LLC (filed…
New Federal Opinion on Johns Hopkins Malpractice Lawsuit
Johns Hopkins is quite possibly the greatest hospital in the history of the world. People come from all over the world to get the best medical care that Hopkins can provide. Delayed removal response means the claim against Hopkins will be in federal court The U.S District Court in Baltimore decided…
Medical Malpractice or Mere Negligence?
Would you rather sue a healthcare provider for negligence in Health Claims as a medical malpractice case or would you rather file a simple negligence case in Circuit Court? If your answer was Health Claims, you need to get your head examined. Filing in Health Claims in Maryland just creates…
Emergency Room Malpractice Claim: New Study
A new study on emergency room malpractice was released today that looks at why ER doctors are so frequently sued in misdiagnosis claims. The study was conducted by The Doctors Company, which is a big insurer of doctors, hospitals, and physician groups. It is easy to roll your eyes because…