I have a theory. My theory is that under Maryland law, insurance companies have an obligation to their insureds to tender the policy limits in a case as soon as a reasonable, prudent insurance company would realize that they must do so to protect the interests of their client. My…
Last month, in Curry v. Trustmark Insurance, a Maryland District Court judge made an interesting ruling in a breach of contract case involving disability payments. The judge granted summary judgment for the defendant. While not a tort claim, this opinion deals with a lot of issues we face as personal…
If you want to file a medical malpractice claim in Maryland, jump through 1,000 hoops and, if you skip even one, it might be fatal to your case. In Heavenly Days Crematorium v. Harris Smariga, we look at the loops and the hoops you have to jump through to sue…
Really tough opinion for medical malpractice plaintiffs in Maryland was issued in U.S. District Court last week. Tangent #1: Why Isn’t This Case in State Court? Technicalities are abound in malpractice cases As a preliminary matter, it is complete garbage that this case is in federal court in the first…
I used to write a lot on this blog about the myths that surround medical malpractice in Maryland and throughout this country. I’ve largely jumped off the soapbox because I realized something: no one is listening. Most readers of this blog are digging into those kinds of posts they already…
My position has long been that speed and red light cameras at least probably save lives. Why? I’ve painstakingly dug through the research, analyzed the underlying data, and made a thoughtful and informed conclusion. Okay, that didn’t happen. What I read instead was a newspaper article on a study by…
We can all agree that texting while driving is a death wish. We don’t need an educational campaign. Everyone knows this now. The question is just whether you are stupid enough to risk your life and mine. The bigger question engendering more real debate is cell phone use in general.…
Lots of big opinions coming down from the Maryland Court of Appeals lately. In a tight decision- much tighter than I would have predicted – our high court affirmed long-standing Maryland laws that protect bars and restaurants who serve people they know or have reason to know, will drive drunk,…
Last summer, we were talking about the $55 million cerebral palsy malpractice verdict against Johns Hopkins. This summer the verdict – which was reduced to $28 million – is hanging by a thread after the Maryland Court of Special Appeals overturned the verdict. Unless the Maryland high court sees the…
We have rejected several tort cases because Medical Assistance made payments for the victim’s outstanding bills. Why? Because the state refused to significantly reduce (or at all) its lien to account for attorneys’ fees. Sure, DHMH could reduce or waive their lien if it will cause “substantial hardship.” But “substantial…