The Fourth Circuit decided a case that addresses an interesting insurance law question; while also touching on another issue that vexes medical malpractice lawyers in Maryland. The 4th Circuit overruled a great judge, Federal Magistrate Jillyn K. Schulze, who awarded summary judgment against a suspended surgeon for making a disability…
What boggles people’s minds is the fact that many Maryland car accidents that lead to death and disability settle for $100,000 or less. Some settle for $30,000 in cases where the liability is clear or even if the defendant was drunk out of his mind. How to get more than the auto insurance…
A new study on emergency room malpractice was released today that looks at why ER doctors are so frequently sued in misdiagnosis claims. The study was conducted by The Doctors Company, which is a big insurer of doctors, hospitals, and physician groups. It is easy to roll your eyes because…
The Maryland Court of Special Appeals recently handed down its opinion in Rosebrock v. Eastern Shore Emergency Physicians. The opinion makes defense attorney’s jobs a little easier when it comes to admitting testimony in medical malpractice cases, of what the doctor usually does when the doctor has no recollection of the care…
In any serious personal injury case in Maryland, you need an expert to testify. Are there some cases where the injury is so obvious that a medical expert is not required? There may be. But anyone willing to take that chance should not be trying tort cases in Maryland. Why…
Click to enlarge Nearly a quarter of a million Americans undergo total hip replacement surgery. All of them do so reluctantly. This invasive orthopedic surgery is a major operation. Everyone agrees that there are unavoidable risks involved in the procedure. These risks include a foot drop (also called peroneal nerve palsy or…
Click to enlarge Our main office is now in downtown Baltimore. I love it here. I really do. But driving in Baltimore can be a pain. The daily commute usually involves at least one narrowly escaped crash, jaywalkers deciding to cross right as your light turns green, and the Circulator cutting you…
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…