The Massachusetts Supreme Judicial Court – Massachusetts’ highest court – ruled yesterday that courts can hold medical doctors liable for medical malpractice that reduces a patient’s survival chances even if the patient’s chances of recovery was already less than 50 percent. Maryland also has a loss of chance case pending…
Click to enlarge The Supreme Court of Montana rendered an interesting decision last week for an emotional injury claim in Allstate Ins. Co. v. Wagner-Ellsworth. The case involves a car-pedestrian collision. Two brothers were crossing the street in front of their elementary school and one was seriously injured. Allstate settled…
Medical Justice is what appears to be a new organization whose aims are to “‘prevent, deter and respond’ to frivolous malpractice lawsuits.” This seems like a goal we—including good plaintiffs’ medical malpractice lawyers—can agree on, right? Frivolous lawsuits hurt everyone. For a cost of $625 to $1990 a year, Medical…
There was an auto accident last night at I-70 and the Baltimore Beltway in Maryland last night at 3:54 a.m. Are you a lawyer who has started a blog this way? If so, stop it because you are driving me crazy. No, seriously, stop it. The Baltimore Sun can and…
Medical malpractice lawyers in New York today released incredible surveillance camera video from Kings County Hospital in Brooklyn, New York, showing a 49-year-old woman dying on the floor of a psychiatric emergency room while being completely ignored by the hospital staff. The video shows the woman keeling over and falling…
Medical malpractice victims suffered a setback in Kentucky last week when the Supreme Court of Kentucky reversed the Kentucky Court of Appeals ruling adopting the “lost or diminished chance of recovery” in medical malpractice cases in Kemper v. Gordon. (This defense verdict was, however, reversed on other grounds because the…
Since the Supreme Court’s disaster in Riegel v. Medtronic, I have been hoping and expecting Congress would step in to fix the Supreme Court’s ruling, because it was clear from the amicus briefs submitted in Riegel, from history, and from common sense, that Congress did not intend to prevent medical…
Voir Dire in Maryland is often a hard experience for injury lawyers on both sides of the aisle because Maryland arguably has the most truncated voir dire process in the country. I’ve tried a lot of cases where both lawyers could glean just a few relevant things from the jurors,…
The University of Chicago Journal of Legal Studies published an interesting article on medical malpractice tort reform. Current Research on Medical Malpractice Liability: Medical Malpractice Reform and Physicians in High-Risk Specialties, 36 J. Legal Stud. 121 (2007). The article supports the plaintiff’s view of medical malpractice tort reform… with a…
The Maryland Daily Record reports today that The Law Offices of Peter G. Angelos intends to file an appeal in a Baltimore City medical malpractice case in which the Plaintiff’s $10.2 million jury verdict against University of Maryland Medical Center was capped at $632,500.00 because that is the limit on…