In Maryland medical malpractice cases, there generally are two types of claims that can be asserted. The first is a garden-variety medical malpractice claim that alleges that a physician provided negligent care (care that fell below the standard of care), which caused injuries and damages to the patient. The second…
Understandably, one of the questions that we get asked most often when we first meet with new clients is “what is my case worth?” The law divides personal injury awards into two categories: economic damages and non-economic damages. While the facts of each particular case dictate which types of damages…
In the context of any kind of medical malpractice lawsuit, there are generally two types of damages that can be claimed by the Plaintiff and/or ultimately awarded by a judge or jury: Non-Economic Damages and Economic Damages. Many times, our clients struggle with understanding the differences between these two types…
Most medical malpractice, wrongful death and personal injury lawyers in Maryland are hired by clients through a contingency fee agreement. In such an arrangement, the law firm generally is paid a legal fee based upon a percentage of the total amount recovered in the case plus expenses. If there is…
In Maryland, the doctrine of informed consent requires a physician, before a patient undergoes a non-emergency medical procedure, to explain the proposed medical procedure to the patient including warning the patient of the benefits, risks and alternatives. The District Court for the District of Maryland recently had the occasion to…
Popular movies and television shows involving lawyers and lawsuits sometimes create misperceptions about how the justice system actually works. For one thing, while courtroom drama makes the most riveting entertainment, in reality the vast majority of cases end with amicable agreements between the parties involved. Actual trials are certainly more…
In an opinion reported on November 27, 2012, the Court of Appeals of Maryland held that a settlement agreement executed in a Maryland medical malpractice case involving Mercy Medical Center was not effective to end the hospital’s liability. A copy of the Court of Appeals opinion can be found here.…
In a decision handed down by the Court of Special Appeals on June 6, 2012, Maryland’s intermediate appellate court clarified section 3-2A-02(c)(2)(ii)1B of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, which sets forth the requirement that, if the defendant in a medical malpractice action is…
A recent study conducted by Massachusetts General Hospital in Boston reviewed over 10,000 medical malpractice claims filed across the country and found that plaintiffs rarely win medical malpractice cases that go all the way to a jury verdict. An article discussing the study can be found here. Most claims that…
A recent Court of Appeals decision, issued on January 27, 2012, involved a case that began over ten years ago and determined that awards for future medical expenses cannot be voided after the death of the personal injury plaintiff. A copy the judicial opinion regarding the case can be found…