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.

elderlysigningBecoming the victim of an auto accident can have a profound effect on your life. Even though an accident can happen in the span of a few seconds, it can result in death or injuries and hardships that last months, years, or a lifetime. With that in mind, victims of auto accidents should seek an attorney to ensure that they are compensated for their injuries and/or losses. However, not every attorney is qualified to handle every case. Clients should ensure that they receive the representation that they deserve.

Here are five things to consider when hiring a Maryland car accident attorney:

History of Results

Breaking up with a client is something all personal injury attorneys do on a fairly regular basis. A lot of cases look promising.  But an investigation and review of the medical records can sometimes paint a very different picture.  This is particularly true in medical malpractice cases where the medical records read very differently from what the patient remembers or believes.

For the most part, lawyers are free, as the client is, to sever the attorney-client relationship.  If you have already filed a lawsuit for the client, things are a bit more complication because you will need to get court permission withdrawing from the case.  Before a case is actually filed, however, breaking up is a lot easier.

Maryland Ethical Rules

Our injury lawyers are handling combat arms earplug cases around the country.  If you have a claim, we will evaluate your case at no cost to you.

When most people think about injuries or harm caused by defective products, things like asbestos insulation and power saws with no finger guard usually come to mind. Few people would ever think some as innocuous as small foam earplugs could cause permanent, life-altering injury. But this is exactly what happened to thousands of former military service members, law enforcement officers and others who worked around loud sounds.

3M’s Combat Arms Earplugs May Have Been Defective

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Why can’t you get a lawyer on the phone?

I picked up the phone yesterday from someone I knew did not have a personal injury case.  He sent us an online intake weeks ago and was now cycling back to us.  This means has called almost every personal injury lawyer in Maryland but did not keep track of who he had contacted.

The reason he did not have a case was that he had a mass tort case in litigation that has long since ended AND he was passed the statute of limitations.  I spoke to the guy because he never got a personal injury lawyer on the phone to explain to why no one would take his case.  It is confusing.  There are million and one lawyers online and elsewhere begging for cases.  So this guy was understandably perplexed as to why he could not even get anyone on the phone.

Gallagher v Mercy Medical, a new malpractice case handed down this week by the Maryland Court of Appeals,  is the most recent decision from our high court in which a plaintiff’s medical malpractice claims against Mercy Hospital were barred under the “one satisfaction” rule. This rule makes it tough to bring both an auto tort and a medical malpractice case related to the same accident.  If you are handling car accidents cases and there might be a malpractice element to it, you want to read this case (or at least this blog post). The law here his not intuitive because it leads to something the law should not — injustice.

In short, the malpractice claims against Mercy related to treatment for injuries the plaintiff sustained in an auto accident. The plaintiff had already sued the at-fault driver and received settlements from his insurer and a UIM settlement from her own insurance company.

The Court of Appeals held that the settlements from the auto tort action constituted “full satisfaction” for plaintiff’s alleged injuries and, therefore, her subsequent malpractice claims for those injuries were barred by the one satisfaction rule.

The Michigan Supreme Court came out a few weeks ago with a very interesting opinion in favor of the Plaintiff in a malpractice claim that most likely would fail in Maryland.

The doctor’s malpractice attorneys argued that the allegation that the doctor’s negligence caused a reduction in the risk of stroke from 10 to 20 percent to less than 5 to 10 percent was not enough to get the claim to a jury because the loss was not sufficient to meet the burden of proof on proximate causation. The law booksdoctor argued that Michigan law is whether the opportunity to achieve a better result was greater than 50 percent. Under this law, if the plaintiff could not prove that receiving the alleged appropriate treatment would have decreased his risk of injury by 50%, the plaintiff’s claim would fail.

Thankfully, a divided Michigan high court found that this is not the law and that malpractice cases such as this should be decided under a simple principle: the plaintiff is required to prove that the doctor’s negligence more probably than not caused the plaintiff’s injury.

Regrettably, Maryland goes in a different direction on these types of cases as I have previously discussed. One thing Maryland has Michigan beat on is collegiality among the judges on the court. Battles in the Michigan Supreme Court are both political and personal in a way that would shock Maryland lawyers. Judges quoting political statements made by other judges to the press, the judge that wrote the majority opinion writing separately to refute one judge’s personal attack – if you have no interest in this issue it is worth reading the opinion just to get a taste of what this different world is like.

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caps on malpractice lawyers' fees
Anesthesia malpractice claims in Maryland have declined.  That is right.  Something good is happening.  Anesthesiologists have gotten better at delivering the appropriate amount of sedation.

Why have they gotten better?  I would say malpractice lawsuits.  Anesthesiologists were forced to improve because their malpractice premiums were through the roof.  Today, they do not even rank in the top 10 specialties.

Still, there are too many mistakes that anesthesiologists make that cause patients injury and death.

2019-crash-300x284Uber and Lyft are the new on-demand transportation (or “rideshare”) companies that have revolutionized the for-hire and taxi transportation business in the last few years. Users download the Uber or Lyft app to their mobile phone and setup an account with a credit card for payment.  Once setup, users can request a ride pick-up from their phone to which nearby Uber or Lyft drivers in the area respond. The apps allow riders to track the driver and process payment electronically.

Lyft and Uber are relatively new companies but they have exploded in popularity over the last 5 years. My sister is in Kenya right now and she is traveling around by Uber. Lyft, Uber’s kid brother, is about to go public and make their founders and estimated $9.4 bazillion.  Car accidents involving Lyft or Uber drivers are becoming more and more common and these cars flood our roads.

Claims Against Lyft or Uber

Football-300x190I’m also fired up for a new year of appellate opinions.  Something about having a new year on a case that just seems exciting to me.  (In an unrelated note, I have four kids and few hobbies.)  But there have been few tort related appellate opinions this year to get me fired up.

Anyway, the Maryland Court of Appeals recently decided a Sutton-Witherspoon v. S.A.F.E Management, a case that is factually interesting to almost all of us in Baltimore.

Facts of Case: An Out-of-Control Victory Parade

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Knee Injury Values

Ask any accident lawyer about the use of statistics in valuing personal injury accident cases, and you will get an almost universal answer: they have little or no utility.

Yet I’ve never looked away from average verdict data, and I’ve never known a personal injury lawyer who did. Even if you conclude it is useless, and I do not go that far, you can’t help but be curious.

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