The Baltimore Sun published an important front-page article yesterday on hospital errors in Maryland. The premise of the article is a simple yet different approach to medical mistakes in Maryland hospitals. It goes like this. We have about 400,000 patients who are killed every year by medical malpractice. How…
Articles Posted in Medical Malpractice
Tort Reformers Were Right, Doctors Do Flee States Without Caps
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…
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…
Apparent Agency in Medical Malpractice | New Maryland Opinion
U.S. District Court Judge Ellen Hollander issued an interesting ruling today in Lopez-Krist v. Salvagno that deals with the actual and apparent agency in the independent contractor doctor at the hospital. This is a tragic case where a 14-year-old boy suffered a broken leg. There were concerns about the blood…
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…