Maryland has banned the use of handheld cell phones while driving. Obviously, this includes texting, but it also applies to holding a cell phone up to your ear while you talk. I’m glad we have this law. It makes sense that you have both hands to drive and react to…
Bringing a medical malpractice case in Maryland is not something that most lawyers are competent to do. Maryland law makes you jump through a lot of administrative hoops when filing malpractice cases. Experienced malpractice lawyers have screwed up the procedural requirements for bringing a claim. Maryland law and its courts…
Last week, the Maryland Court of Appeals decided Falls Garden Condominium Association v. Falls Homeowner’s Association. It is not a personal injury case. In fact, it’s a case about parking spots. But Falls Garden is actually a case about settlement contracts and their enforceability. If you are a Maryland personal…
A U.S. federal court judge made a ruling on some motions that would interest Maryland medical malpractice attorneys. They deal with a motion for summary judgment and a pet interest of mine, holding the defendant’s feet to the fire when they give garbage answers to requests for admission. This is…
Most malpractice lawsuits in Maryland are resolved after negotiating through adversarial bargaining. At the end of the day, our clients only have two options: settle or go to trial. Sometimes, they do not even have two options. We have tried medical malpractice cases where there was no settlement offer. Is There…
Most of the medical malpractice cases Miller & Zois handles come from cases that are referred from other Maryland attorneys. These cases come from other lawyers who do not focus their practice on medical malpractice cases, or the size and the expenses in the case or the specific issues presented…
The medical malpractice arm of our law firm has continued to grow over the last 10 years. I think it is interesting to see who the defense lawyers are in these cases. It matters who you draw as defense counsel. You would think, as a plaintiff’s lawyer, you would…
Pre-impact fright and conscious pain and suffering in Maryland death cases Many years ago, a jury awarded my partner Laura Zois’ client $4 million in a survival action claim. The sole evidence — the SOLE evidence — presented to the jury was that the decedent said “Oh s—!” before impact…
The Maryland Court of Special Appeals handed down an interesting opinion in Asphalt and Concrete Services v. Perry, reversing a half-million dollar verdict. This case is a cautionary tale for lawyers who want to get every possible thing they can, in order to make the defendant look bad. I understand…
Last month in a medical malpractice case in Milwaukee, a judge did something pretty amazing. Here is the setup. A woman has both her arms and legs amputated because of a Strep A infection and the treatment she received for septic shock, resulting in compromised blood flow. This is, no…