Voir dire is the selection process in which prospective jurors are questioned and challenged to weed out jurors who may hear the case with an inordinate amount of prejudice and bias that lurks in the thinking of every Maryland juror. In most jurisdictions, the potential jurors are examined either by…
One of the driving forces behind tort reform in malpractice, both in Maryland and around the nation, is that these claims are usually frivolous and result in undeserved compensation for patients and their medical malpractice lawyers. This month, the New England Journal of Medicine addressed this issue in a study…
Jury Verdict Research reports that the median compensation award in personal injury trials in New Hampshire is $45,000. This is much higher than the national median of $38,460. Also, New Hampshire personal injury victims are more likely to prevail at trial. New Hampshire plaintiffs get a recovery in 63% of…
The Life News in Kentucky reported last week the story of a medical malpractice suit brought by a Louisville couple against an obstetrician, claiming the wrongful death of their one-day-old baby girl. Plaintiffs’ Complaint alleges that Dr. Ronachi Banchongmanie delivered their baby girl using “vacuum extractions.” Although the baby appeared…
Most insurance adjusters tell personal injury lawyers that they need a recorded statement from the lawyer’s client to “firm up liability” or to “assess credibility.” But providing a recorded statement is typically a “loose-tie.” It rarely results in a finding on liability in favor of the accident attorney’s client. Not…
One of the most tedious chores accident attorneys in Maryland must perform is the collection of medical records in personal injury cases. How much can health care providers charge Maryland lawyers for copying the medical records? The brief answer: a lot. The Maryland Health-General Annotated Code §4-304 sets for the…
A lawyer in Virginia emailed to ask me if failure to wear a child seat is contributory negligence in Maryland? Setting aside for a moment the abject irresponsibility of this mother who failed to ensure the safety of her child, the answer is no. Maryland Law The Maryland Transportation statute…
A few days ago, I wrote about a judge’s article entitled Alice in Discovery Land (A Practical Guide to Recurrent Discovery Problems) that appeared years ago in Maryland Litigator, quoting Judge Smith’s comment about the oxymoronic phrase independent medical exam. Counsel on both sides of the aisle have their own…
I had the opportunity last night to read an article written by Maryland Circuit Court Judge Thomas P. Smith entitled “Alice in Discovery Land (A Practical Guide to Recurrent Discovery Problems)” that appeared years ago in Maryland Litigator, a periodical which I believe no longer exists. Reading his article reminds…
The Maryland Court of Special Appeals this morning issued its opinion in Maslow v. Vanguri. In this case, the court found that Plaintiff’s pursuit of an appeal after an adverse judgment given up the doctor’s insurance company’s obligation to pay her $250,000 that it owed to her as the result…