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…
I have taught insurance law for the last 17 years at the University of Baltimore Law School. I think it is important to explain both the hornbook majority view and Maryland law. Typically, what I’m saying is that the majority view is this balanced, reasonable law… and then there is…
I got tossed from a little league baseball game yesterday. I know what you are thinking. Keep your mind open. My oldest son is 9. He plays on two baseball teams. One is a competitive travel team. The other is a community recreational league team. The games often overlap…
I was looking today at some interesting statistics on the most frequent types of car and other motor vehicle accident injuries that go to trial. It breaks down like this: Back strains: 33% Disc injuries: 15% Spinal nerve injuries: 10% Head injuries: 10% Shoulder injuries: 4% Knee injuries: 3% Brain…