The Maryland Court of Special Appeals recently handed down its opinion in Rosebrock v. Eastern Shore Emergency Physicians. The opinion makes defense attorney’s jobs a little easier when it comes to admitting testimony in medical malpractice cases, of what the doctor usually does when the doctor has no recollection of the care…
Articles Posted in Medical Malpractice
Nerve Damage Causing Foot Drop After Total Hip Replacement
Click to enlarge Nearly a quarter of a million Americans undergo total hip replacement surgery. All of them do so reluctantly. This invasive orthopedic surgery is a major operation. Everyone agrees that there are unavoidable risks involved in the procedure. These risks include a foot drop (also called peroneal nerve palsy or…
Getting to the Maryland Courthouse Steps in Malpractice Cases
Bringing a medical malpractice case in Maryland is not something that most lawyers are competent to do. Maryland law makes you jump through a lot of administrative hoops when filing malpractice cases. Experienced malpractice lawyers have screwed up the procedural requirements for bringing a claim. Maryland law and its courts…
Ford v. United States | New Maryland Malpractice Opinion
A U.S. federal court judge made a ruling on some motions that would interest Maryland medical malpractice attorneys. They deal with a motion for summary judgment and a pet interest of mine, holding the defendant’s feet to the fire when they give garbage answers to requests for admission. This is…
Medical Malpractice Settlement Formula? How to Value Cases
Most malpractice lawsuits in Maryland are resolved after negotiating through adversarial bargaining. At the end of the day, our clients only have two options: settle or go to trial. Sometimes, they do not even have two options. We have tried medical malpractice cases where there was no settlement offer. Is There…
Fee Splitting or Referral Fees in Maryland Medical Malpractice Cases
Most of the medical malpractice cases Miller & Zois handles come from cases that are referred from other Maryland attorneys. These cases come from other lawyers who do not focus their practice on medical malpractice cases, or the size and the expenses in the case or the specific issues presented…
Who Is Defending Maryland Medical Malpractice Cases?
The medical malpractice arm of our law firm has continued to grow over the last 10 years. I think it is interesting to see who the defense lawyers are in these cases. It matters who you draw as defense counsel. You would think, as a plaintiff’s lawyer, you would…
Judge Decides to Ignore Cap in Non-Economic Damages
Last month in a medical malpractice case in Milwaukee, a judge did something pretty amazing. Here is the setup. A woman has both her arms and legs amputated because of a Strep A infection and the treatment she received for septic shock, resulting in compromised blood flow. This is, no…
Challenges in Scheduling Depositions | Pennsylvania Case
Scheduling depositions in car accident lawsuits usually is not a complex thing. You call the other side; you agree on dates, and you have your depositions. The key is cooperation. Rather than unilaterally serving a deposition notice, you just call opposing counsel and agree to the place, date, and time.…
Why Can’t I Find a Malpractice Lawyer for My Case?
Medical malpractice kills 400,000 people a year in this country and injures 4 million more. The media is now starting to focus on this story, as we just talked about on Monday after the Baltimore Sun’s story on negligence in Maryland hospital. Stories like this help plaintiffs in medical malpractice…