In Adventist Healthcare Inc. v. Mattingly, the Maryland Court of Special Appeals (COSA) was asked to consider whether a mother’s decision to cremate her son’s remains amounted to the destruction of evidence in a subsequent lawsuit for medical malpractice. The COSA ruled that having remains cremated does not constitute spoliation…
In its final decision of the Term, Maryland’s Court of Appeals gave us an (arguably) game-changing decision Rochkind v. Stevenson. The court announced that it was discarding the old Frye-Reed rule and formally adopting the Daubert test for the admissibility of expert testimony. We all knew we would get here…
Defendants in medical malpractice cases will frequently defend themselves by pointing the finger of blame at another doctor who was involved in the plaintiff’s treatment. Sort of. They talk about but rarely do they put on the case with expert testimony. They just make a lot of rumblings about it…
Doctors may now have a new and powerful tool for the early diagnosis of newborns who suffer brain damage during childbirth. A study recently published in Scientific Reports announced that a breakthrough neonatal blood test can effectively and immediately identify those newborns with neurologic damage resulting from oxygen loss during…
In Berry v. Queen the Maryland Court of Appeals held that the cost of getting a rental car must be covered under the uninsured motorist component of auto insurance policies. This is a significant decision that will impact any Maryland drivers who get in an accident with an uninsured driver. …
Since shortly after I became a plaintiffs’ lawyer, I have been preaching that we need fundamental change in our nursing homes in this country. Profit drivers the train. These nursing homes need to be fixed. In ten years, we won’t believe what we as a society turned a blind eye…
Chronic inflammatory demyelinating polyradiculoneuropathy (CIDP) is an uncommon neurologic condition causing impairment of the arms and legs. CIDP is a condition that is frequently misdiagnosed leading to harmful delays in treatment or unnecessary treatments. If you have been harmed by a misdiagnosis of CIDP you may be entitled to bring…
The question of how much money to ask for a car accident settlement hinges on Are you an experienced car accident lawyer? Are you willing to file suit if you get less than a great offer? What is the size of your claim? At our law firm, all roads lead…
Click to enlarge Dealing with healthcare providers who seek to “balance bill” in personal injury cases is becoming an increasingly frequent occurrence in our practice. Balance billing is when the medical provider seeks payment for the entire bill, when the patient’s health insurance or HMO does not cover that portion…
The original post was about an interesting verdict in New York in a “calling fore” golf course injury case. The case is still interesting. But it is 11 years-old. So I’m updating the post in 2020 by including sample settlements and verdicts in golf course injury lawsuits. Golf Course Injury…