Ron Miller is an attorney who focuses on serious injury and wrongful death cases involving motor vehicle collisions, medical malpractice, and products and premises liability. If you are looking for a Maryland personal injury attorney for your case, call him today at 800-553-8082.

We have seen an increasing number of recent client calls questioning the quality of the care that a family member or friend is receiving in a nursing home. Over 1.5 million Americans are in nursing homes with 30,000 of them in Maryland. That number is rising fast as America continues to age. Baltimore County alone has 49 nursing homes and 299 assisted-living facilities.

How Much Are Baltimore Nursing Home Cases Worth?

According to Jury Verdict Research, 60 percent of personal injury trials involving nursing home abuse or neglect result in plaintiff verdicts. The median verdict is $192,977. The median verdict alleging malpractice in the treatment of a nursing home patient is $275,000.

On Tuesday, the American Transportation Research Institute, the research arm of the American Trucking Association, released the results of its industry analysis of the use of recorders to monitor driver hours. The study showed that few fleets use electronic onboard recorders, but those that report increased driver morale. This research contradicts the hypothesis that even a truck accident lawyer had: that “big brother” tracking devices would hurt driver morale and retention. Seventy-six percent of users said the recorders had improved driver morale and 19 percent said they had improved driver retention.

Obviously, there are concerns about data privacy and data access issues. But there are too many deaths in Maryland because of tired drivers logging more hours than federal law allows.

It is difficult for profit-maximizing companies and businesses that specialize in local pickup and delivery service not to act aggressively because they believe their competitors are. A universal requirement that these companies use recorders that monitor driver hours might level the playing field, keeping tired commercial truck drivers off the road. The downside risk to these recorders would be drivers driving faster to make up for the lost hours.

On July 31st, the Maryland Personal Injury Lawyer Blog wrote a blog post about the concerns sitting Baltimore City Circuit Court judges John C. Themelis, Gale E. Rasin, and Barry G. Williams had about their “alphabetically challenged” last names in this year’s election. It appears as these sitting Baltimore judges have fought through that obstacle, defeating challengers Baltimore lawyer Nicholas J. Del Pizzo, III and Baltimore City District Court Judge Emanuel Brown. Similarly, the Baltimore County sitting judges up for election – Robert E. Cahill Jr., Judith C. Ensor, Timothy J. Martin, and Mickey J. Norman – also appear to have defeated their two challengers, William R. Buie III and Arthur M. Frank. These are early returns, but we expect the results to hold up.

Almost every Maryland lawyer I have spoken to regarding these contested elections dislikes this process of Maryland judges facing elections. Yet election and election it continues with no major effort to change the process.

The Maryland Court of Special Appeals today decided the informed consent medical malpractice case of Mahler v. Johns Hopkins University. The court overturned a Baltimore judge’s decision to grant a motion for judgment notwithstanding the verdict to Johns Hopkins and a defendant doctor.

Here, the Plaintiff underwent plastic surgery to improve the cosmetic appearance of his chin in 1993. The surgery was performed at Johns Hopkins Hospital by the Defendant surgeon. Because of that surgery, he suffered permanent disfigurement. Plaintiff argued that there was no informed consent because the Defendant surgeon did not disclose the material risks of the surgery to him. Plaintiff hired a Baltimore medical malpractice attorney, who sued the surgeon and Johns Hopkins Hospital in Baltimore, Maryland.

This case was tried twice. The first trial ended in a verdict for the Plaintiff and an award of $50,000 in economic damages and $500,000 in non-economic damages. Interestingly, the trial judge, Baltimore City Circuit Court Judge Allen Schwait, believed that he had erred in allowing certain evidence at trial (and because he found it excessive as well). To remedy his error, he reduced the malpractice verdict to $112,500 ($100,000 in non-economic damages and $12,500 in economic damages).

Last month, the Maryland Court of Appeals decided Food Lion v. McNeill. The issue in McNeill is whether the testimony of an expert may be excluded at trial based on a disclosure made during discovery in response to interrogatories, that has neither been claimed nor determined to be a discovery violation, but that is challenged at trial as deficient for failing to provide information as required by Maryland Rule 2-402(f)(1)(A).

2022 Update: This case ended up being more often cited than I thought. 

Facts of Food Lion v. McNeill

A Florida jury awarded a Lee County (Naples) woman $8.25 million in a medical malpractice case against her plastic surgeon after she lost both her breasts in a botched breast augmentation surgery.

breast cancer settlementsNaples surgeon Dr. Luciano Boemi attempted to give the 28-year-old Plaintiff a breast lift and augmentation in 2003. During the surgery, the Plaintiff’s blood supply was cut, resulting in her breasts turning black and forming a hard, dry tissue. Incredibly and tragically, thirteen surgeries were required to remedy the Plaintiff’s open wounds and to reshape some tissue that remained on her breasts.

For whatever reason, Florida juries are the most generous in the nation. The median personal injury verdict in Florida is $100,000, according to Jury Verdict Research. No wonder personal injury lawyers and medical malpractice attorneys flock to Florida. In contrast, the median verdict in Maryland is $12,813. A Mack truck fits through that gap.

Medical malpractice plaintiffs receive a median award of $934,487 for medical malpractice claims involving surgical negligence and improper medication, according to a recent Jury Verdict Research study that looked at malpractice cases nationally in the last seven years. Plaintiffs have a 36% chance of prevailing in these cases. The following statistics are the likelihood of a successful verdict:

Failed Sterilization 35%

Catheterization 39%

There are a variety of treatment modalities to treat blocked coronary arteries: drugs, bypass surgery, and vessel-clearing procedures like angioplasty. In Elyria, Ohio, doctors are four times more likely to direct patients towards angioplasty. This procedure typically involves threading balloon catheters through arteries and sometimes placing drug-coated stents to unblock them.

Virtually all the procedures at the Elyria hospital are performed by a group of cardiologists who dominate cardiovascular care in Elyria. These doctors have a unique enthusiasm for angioplasties which, relative to the other available treatment options, is the most profitable. Medicare pays Elyria’s community hospital, EMH Regional Medical Center, about $11,000 for an angioplasty involving the use of a drug-coated stent.

There is no medical malpractice action to be had for this high rate of angioplasties which is probably why this practice has gone on unchecked (although the insurance companies and Medicare are growing concerned at the cost of these procedures and have investigated). This reminds me that medical malpractice lawyers in Maryland and around the country serve a great public utility to keep patients safe. You often hear how doctors complain that medical malpractice lawyers make them practice medicine too defensively. This seems like a tough argument because the federal government’s data shows that 100,000 people die from medical malpractice every year. But perhaps this is so. But if this also means that doctors will take a little extra care to avoid committing medical malpractice, I do not care what the motive is. It is a good thing. In fact, one would think even doctors themselves, considering this medical malpractice statistic, would not mind the legal community keeping them on their toes with so many lives at stake.

In Maryland, to bring a medical malpractice complaint against a doctor, you must get a certificate of merit by a medical doctor that the negligent doctor breached the standard of care and caused injury to the injured plaintiff. The qualifications of the medical doctor depend on the subject of the particular claim.

But this there is no getting around this statute.  The certificate of a qualified expert is a required step in pushing a malpractice case forward.  If it does not follow the certificate requirement, the court will dismiss a circuit court action.

maryland certificate of merit

Certificate of Merit Hurdle in Maryland

The Baltimore Sun ran a story today about Baltimore County, Maryland prosecutor James Gentry was preparing to try an awful murder case of a nine-year-old girl in 1998. If you are a prosecutor, this is one you need to win. Looking for an extra edge, he turned to his sister who worked for a company that made PowerPoint presentations to private companies, a novel innovation in 1998 for anyone much less a lawyer.

Gentry’s used this innovative technology in his closing argument in the infamous 1998 murder trial in Baltimore County of Rita Fisher. His success launched his interest in using technology for courtroom presentations. After years of traveling across the country to teach other lawyers how to use the technology, Gentry has joined the highly respected medical malpractice law firm in Baltimore of Salsbury Clements Bekman Marder & Adkins to assist their lawyers in creating computerized presentations to assist jurors in understanding the complexities that often come with sophisticated medical malpractice cases.

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