Let’s say Barack Obama takes a strong position on medical malpractice caps and puts his weight behind a bill to eliminate malpractice and other damage caps in all 50 states. This would be a huge windfall for our practice. But I would oppose this legislation. Why? Because such a law…
One of the hardest decisions an accident lawyer has to make is whether to take a case with fatal or catastrophic injuries where there is a significant dispute in liability – typically he said/she said. Nothing you read in this blog post will make that decision for you. In these…
The Illinois Supreme Court made big news nationally when it issued its much-awaited opinion in Lebron v. Gottlieb Memorial Hospital> yesterday, The court overturned in a 4-2 ruling the Illinois five-year-old medical malpractice cap on damages because limiting compensation for injured malpractice victims for pain and suffering violated the Illinois…
Guy breaks into your house. You are terrified that harm will come to you, your spouse or your children. Yet something holds you back from taking decisive action to protect your family.. the threat of a civil lawsuit by the burglar. Raise your hand if this has not happened to you…
LGTCA is just plain unfair Yesterday, The Maryland Court of Appeals decided Prince George’s County v. Longtin. The Plaintiff in this case was arrested for murdering his wife. When the real bad guy was found, Plaintiff brought a claim against Prince George’s County, alleging false imprisonment and, more significantly that…
A federal court jury in Baltimore found that an Elkton obstetrician was not liable in a medical malpractice lawsuit. The core of the case is bound to raise moral concerns with at least some jurors. Plaintiff claimed she would have ended her pregnancy if they had advised her that her…
St. Joseph Medical Center in Towson, a hospital known and respected in no small measure for its cardiology department, is being accused of conduct that goes well beyond medical malpractice. The Stent Allegations The allegations are beyond stunning: at least 369 of St. Joseph’s heart patients have received coronary stents…
In a 7-0 decision, the Maryland Court of Appeals overturned a Montgomery County trial judge’s ruling in Lockshin v. Semsker that Maryland’s medical malpractice cap applies to all malpractice lawsuits, including those where one party waived health claims arbitration. But that is not the only blow the opinion gives to…
This doctor I deposed last week makes $1,700 an hour. (Or maybe she is just a stock photography model.) The Kentucky Injury Lawyer Blog reports that a federal judge in New Jersey held the line on rampant expert fees last week, holding that while neurosurgeons should be able to demand…
Yesterday in Burnside v. Wong, the Maryland Court of Appeals affirmed the Court of Special Appeals and a Baltimore City trial judge’s finding that Baltimore County was an appropriate venue for a medical malpractice lawsuit filed in Baltimore City. Trial Judge Usually Makes the Call on Venue The doctor had…