One of the great selling points of caps in medical malpractice cases is that it encourages doctors to come to your state to practice. Every state, particularly in jurisdictions with rural areas where access and availability to doctors is a prominent concern, want to attract a healthy supply of doctors…
Articles Posted in Medical Malpractice
Defense Lawyers Talking to Patient’s Doctors | HIPPA and Maryland Law
One hot button issue in Maryland medical malpractice cases today is the circumstances under which defense lawyers can speak to Plaintiff’s treating doctor. For years, this was not an issue. If a defense lawyer wanted to talk to a treating doctor, she would just pick up the phone and call.…
Discovery Failures Kill Malpractice Claim | Valentine-Bowers v. Retina Group
In Valentine-Bowers v. Retina Group of Washington, a new medical malpractice case decided by the Maryland Court of Special Appeals, the plaintiff alleged that her physician failed to monitor a problem with her eye that caused her to lose vision in that eye. It is a serious injury for a young…
Why Won’t a Lawyer Take My Medical Malpractice Claims?
Justice in Malpractice Cases Is Expensive Every single day we get phone calls from prospective clients who want to bring a medical malpractice case. We probably do a full investigation in 5% of these cases and sue in half of those cases. Why so low? In most cases, we…
Medical Malpractice Suits in Maryland Require Form Over Substance… Again
Really tough opinion for medical malpractice plaintiffs in Maryland was issued in U.S. District Court last week. Tangent #1: Why Isn’t This Case in State Court? Technicalities are abound in malpractice cases As a preliminary matter, it is complete garbage that this case is in federal court in the first…
Malpractice Myths | Defensive Medicine Revisited
I used to write a lot on this blog about the myths that surround medical malpractice in Maryland and throughout this country. I’ve largely jumped off the soapbox because I realized something: no one is listening. Most readers of this blog are digging into those kinds of posts they already…
$55 Million Turns to Zero | Baltimore Malpractice Verdict Reversed
Last summer, we were talking about the $55 million cerebral palsy malpractice verdict against Johns Hopkins. This summer the verdict – which was reduced to $28 million – is hanging by a thread after the Maryland Court of Special Appeals overturned the verdict. Unless the Maryland high court sees the…
Malpractice Lawsuits Against Foreign Born Doctors
We have been compiling jury verdict information on our website recently so I have been looking through several jury verdicts. Someone needs to do a study of the statistical differences in outcomes in medical malpractice lawsuits against foreign doctors and those born in the United States. I’m telling you, I…
$1.1 Million Malpractice Verdict Against GBMC Reinstated
Last week, the Court of Special Appeals of Maryland reinstated an award of $1.1 million in the case of Barnes v. GBMC. This appeal focused on the certificate requirements of the Healthcare Malpractice Claims Act (HMCA) besides other procedural questions surrounding the case. Facts of Barnes v. GBMC First the…
New “Related Specialty” Maryland Malpractice Opinion
The Maryland Court of Special Appeals issued a new opinion in Nance v. Gordon, a medical malpractice case in which, once again, the defendant won a trial court victory, by getting an entire case struck on micro form over structure. Thankfully, the Court of Special Appeals rescued this one. A…