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…
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…
Like the rest of the Baltimore community this past week, I was shocked to hear that Dr. Nikita Levy, a gynecologist at Johns Hopkins’ East Baltimore Medical Center, has been accused of secretly videotaping and photographing his patients. You have heard the allegations if you have access to a newspaper…
Last week the Maryland Court of Special Appeals upheld a trial court’s ruling in Smith v. Johns Hopkins Community Physicians. Before we get into the facts, let’s talk Maryland venue law. Here is the most important thing you would need to know in a just world: The moving party has…
Every now and again I read a publication called “Physician Risk Management.” Billed as a publication to help doctors minimize liability and protect them from lawsuits, it is a well-written publication written by people who do seem to know what they are talking about. Here is why I don’t like…
U.S. District of Judge Richard D. Bennett issued an opinion Monday in Robertson v. Iuliano, an informed consent medical malpractice lawsuit against a neurosurgeon and St. Agnes Hospital. New Opinion on Apparent Agency and Informed Consent Law in Maryland The first question you might have is how this malpractice case ended…
Anyone who can blithely throw together a joint tortfeasor release in a malpractice or another complicated tort claim without reading the case law 10 times is an absolute expert on these releases or suffers from an extreme case of irrational confidence. Usually, in my experience, it is the latter. The…
There is an interesting medical malpractice case on appeal in Ohio – Longbottom v. Mercy Hospital – that I thought deserved a quick blog post today. The case poses some interesting questions on how far outside the box of the case a jury can go in making inferences that were…
The Georgia Court of Appeals issued an opinion last Thursday on an interesting issue in a wrongful death malpractice claim that we see all too frequently: botched laparoscopic gallbladder surgery. Quick facts in this classic malpractice case. Defendant performs a lap chole procedure on a man. The man returns to…
Do you need an affidavit/certificate of merit in an informed consent case? Last week, the 3rd Circuit said that you need a certificate under New Jersey law in Mulholland v. Thomas Jefferson University Hospitals. This blog post is about this case and how the result would likely be different under…