Should you accept the insurance company’s first offer even if you want to settle your personal injury claim? The answer is clearly no. So why do so many lawyers and victims do it? Fear Factor The primary reason attorneys and victims do just that is this fear that…
But she caught me on the counter (It wasn’t me) Saw me banging on the sofa (It wasn’t me) I even had her in the shower (It wasn’t me) She even caught me on camera (It wasn’t me) She saw the marks on my shoulder (It wasn’t me) Heard the…
Medical malpractice kills 400,000 people a year in this country and injures 4 million more. The media is now starting to focus on this story, as we just talked about on Monday after the Baltimore Sun’s story on negligence in Maryland hospital. Stories like this help plaintiffs in medical malpractice…
The Baltimore Sun published an important front-page article yesterday on hospital errors in Maryland. The premise of the article is a simple yet different approach to medical mistakes in Maryland hospitals. It goes like this. We have about 400,000 patients who are killed every year by medical malpractice. How…
One of the great selling points of caps in medical malpractice cases is that it encourages doctors to come to your state to practice. Every state, particularly in jurisdictions with rural areas where access and availability to doctors is a prominent concern, want to attract a healthy supply of doctors…
The Maryland Court of Special Appeals decided a chain reaction automobile tort case last week in Cooper v. Singleton that leaves me confused about the current state of Maryland law as to how we communicate our presumption of negligence rule to juries in rear-end collisions… and hoping the Maryland high court steps…
One hot button issue in Maryland medical malpractice cases today is the circumstances under which defense lawyers can speak to Plaintiff’s treating doctor. For years, this was not an issue. If a defense lawyer wanted to talk to a treating doctor, she would just pick up the phone and call.…
In Young v. Swiney, the U.S. District Court of Maryland was presented with an interesting, albeit depressing question: Can a suicide, two years after a truck crash, be causally related to the accident? The Facts There was no dispute as to liability. The defendant trucking company sought summary judgment on plaintiffs’…
In Valentine-Bowers v. Retina Group of Washington, a new medical malpractice case decided by the Maryland Court of Special Appeals, the plaintiff alleged that her physician failed to monitor a problem with her eye that caused her to lose vision in that eye. It is a serious injury for a young…
Maryland courtrooms are slow keeping up with the times. This is not an altogether bad thing. What happens in the courtroom matters and we should probably let society work out the kinks of technology and understand all of the potential unintended consequences before our judicial system leaps into the next big…