The Court of Appeals recently ruled in University of Maryland Medical Systems Corp v. Muti, a case involving the appropriate interpretation of the Maryland’s Wrongful Death Statute found in Sections 3-901 to 3-904 of the Courts and Judicial Proceedings Article of the Maryland Code. A copy of the case can…
In recent appellate opinion, a catastrophic injury case, Yiallouro v. Tolson, was reviewed for error concerning expert testimony. Yiallouro was severely injured in a car accident while in the scope of his employment, causing him to ultimately lose his job because he could no longer perform his previous tasks and…
A study published in June 2011 provided a somewhat unexpected result – doctor’s offices and hospitals are equally as likely to be sued for medical malpractice. This finding is surprising because the majority of patient safety initiatives focus on inpatient care at hospitals. The finding of this study, however, indicates…
A recurring controversy in the military is a legal doctrine – called the “Feres Doctrine” – which forbids any active-duty personnel from filing a medical malpractice case against military doctors. In the past, the United States Supreme Court declined to hear any challenges to the doctrine, but that might change…
Lack of informed consent can also be a basis for these cases involving hospitals, doctors and their patients. The doctrine of “informed consent” in Maryland requires that, prior to performing any type of medical procedure on a patient, a doctor must disclose to the patient a number of things to…
Medical negligence is not the only basis for a medical malpractice lawsuit in Maryland. Lack of informed consent can also be a basis for these cases involving hospitals, doctors and their patients. The doctrine of “informed consent” in Maryland requires that, prior to performing any type of medical procedure on…
A bill currently is being considered by the Maryland legislature would expand a law that protect a doctors from his apology being used against him in court in a medical malpractice case. Currently, Maryland law states that an apology or statement of regret by a doctor is inadmissible in a…
In a Maryland medical malpractice case, the “Statute of Limitations” governs how long a person has to file a claim or lawsuit. In Maryland, most medical malpractice cases involving adults must be filed within 3 years from the date the injury would have been discovered by a reasonable person. In…
In Maryland, when a person dies wrongfully, certain family members have the right to sue for “Wrongful Death.” A Wrongful Death case is a type of personal injury case that usually arises in medical malpractice and other major injury matters such as those involving automobile collisions, product liability, etc. A…
In 2004, the Maryland legislature enacted a statute that prevents a plaintiff or plaintiff’s lawyer from mentioning to a jury in a medical malpractice case that a doctor apologized or expressed regret, if the purpose of the plaintiff in seeking to tell that to the jury is to prove liability…