The Maryland Court of Appeals issued an opinion Friday in Spangler v. McQuitty, ending this cerebral palsy medical malpractice case that began 17 years ago. I first wrote about this case two years ago when the Maryland Court of Appeals heard this tragic case involving a boy born with severe…
In a new opinion by the Maryland Court of Appeals, the court answers whether Maryland’s Health Claims Arbitration requirements should apply to cases filed in federal court where the malpractice occurred outside of Maryland. Certainly an important issue to address. Lewis v. Waletzky involves a claim that a psychiatrist in…
Malpractice attorneys representing doctors famously prefer to elevate form over substance and tactics over strategy. This is not partisan. It is fact. The doctors’ malpractice attorneys really don’t disagree. They would call it taking advantage of the grab bag of opportunities to fight the details that the law and inexperienced…
I promised in my last post to write more about our $2.5 million medical malpractice verdict on Monday, a post I will enjoy writing. But preparations for trial on Monday – the worst ankle break I have every seen suffered by maybe the sweetest client I have every taken to…
Almost two years ago now, Medicaid/Medicare liens became even more difficult to deal with as the law pushed to the lawyers and insurance companies the obligation of confirmation and resolution of Medicare/Medicaid liens. I’m sure betting an insurance company has yet to receive a fine for not verifying a lien…
Joanne Doroshow from the Center for Justice and Democracy writes a blog post for AOL the Huffington Post arguing that medical malpractice tort reform will increase the national debt. A few weeks ago, I observed that no one was saying anything new on the subject of tort reform. There is…
John T. Sly and Christina N. Billiet from Waranch & Brown write an article for the Maryland Defense Counsel newsletter about how to best attack plaintiffs’ experts out of the gate. One key tactic they advise is trying to get two depositions of the plaintiffs’ medical expert. Interestingly, they name…
It kills me how so many folks hold up the New England Journal of Medicine as the gold standard for anything and everything until it speaks up about preemption or medical malpractice reform. Then they become hacks for… well, nobody, really. Just hacks. The NEJM put out a recent article…
I read somewhere recently that making Top Ten lists really attracts readers. Regrettably, I don’t know ten things about fighting medical liens that I think you don’t know. But I know a few. I’ve been working harder and harder, trying to better understand the ins and outs of subrogation liens…
Judge Roger W. Titus handed down a new opinion last week on the interplay between Maryland health claims arbitration and medical malpractice cases in federal court. The nutshell: regardless of what you may have thought, there is no interplay. At all. Willever v. United States is a medical malpractice wrongful…