Maryland Injury Lawyer Blog

July 12, 2018

Waiting Until the Last Minute to File a Medical Malpractice Case

I look at every medical malpractice case that gets filed in Maryland. It is incredible to me how many lawyers wait until the last minute to file a lawsuit. In Dunham v. University of Maryland Medical Center, a bedsore case decided a few weeks ago by the Maryland Court of Special Appeals, underscores the hot water you can get in when you wait until just before the statute of limitations to bring your claim.

Facts of Dunham

Plaintiff originally sued his health care providers for medical malpractice based on failure to prevent and treat pressure sores. The case was initially filed in the Health Care Alternative Dispute Resolution Office (“HCADRO”) then transferred to Circuit Court. All medical malpractice actions in Maryland must be supported by an expert certificate that complies with certain conditions. Md. Code Ann., Cts. & Jud. Proc. § 3-2A-04(b) (2013 Repl. Vol.). If the expert certificate does not satisfy the requirements, the case must be dismissed unless the plaintiff obtains one of the statutory time extensions.

July 9, 2018

Do You Need to Give a Recorded Statement to Your Insurance Company?

by Ronald V. Miller, Jr.

I have long said it is an open question under Maryland law as to whether you are required to give a recorded statement to your own insurance company if you are making an uninsured motorist claim even if the insurance contract obligates you to do so.

The theory is that Maryland has a statutory scheme that preempts any contractual obligation imposed by the contract. I didn’t make this up, I stole it from Janquitto’s book on Maryland insurance law. (You should own if you are a lawyer handling auto tort cases in Maryland.)

I’m not sure whether this argument was advanced in Dolan v. Kemper, a new Maryland Court of Special Appeals case decided last week. But if it was, the CSA has shut the door on it.

July 1, 2018

Contributory Negligence in Medical Malpractice Cases: New Opinion

by Ronald V. Miller, Jr.

As I have said before, a jury trial is about assigning blame. The three suspects are plaintiff, defendant, or “it happens.” Defense lawyers preference is being able to blame the plaintiff.

In medical malpractice cases, the plaintiff often makes choices that put them in the spot of needing treatment or surgery.

The most classic case is a lung cancer misdiagnosis case where the plaintiff smoked two packs of cigarettes a day. Yes, the guy got cancer because he smoked. But that does not relieve the doctor of the obligation to see what is there to be seen and uncover his lung cancer if there are signs and symptoms that are there to been seen. In Barbosa v. Osbourne, the Maryland Court of Appeals took a more nuanced look at when contributory negligence can be applied to medical negligence cases.

July 1, 2018

Infant Torticollis Birth Injuries

by Ronald V. Miller, Jr.

Infant torticollis is a condition in which the neck alignment of a newborn baby is abnormally twisted forcing the chin to point upward while the head tilts to one side. This condition is sometimes referred to as “loxia” or “wryneck.”

Torticollis is most frequently caused by physical trauma during childbirth. Approximately 1 out of every 250 babies born in the U.S. are affected by infant torticollis.

Many believe that torticollis is an injury that stems from a difficult delivery — which is often avoidable if the doctor meets the standard of care — that is also responsible for the brachial plexus palsy.

May 23, 2018

Settlement Value of Maryland Motorcycle Accident Claims

by Ronald V. Miller, Jr.

Some of the most serious personal injury cases our firm handles involve motorcycle accidents. Too often, other drivers don’t pay attention or fail to yield to motorcycles. Even a minor collision can result in significant injury or even death for a motorcycle rider. Our lawyers have been successful in obtaining significant settlements and verdicts in Motorcycle cases throughout Maryland. Our singular focus is to assist our clients in getting the maximum amount of financial compensation for their motorcycle accident case.

How Much is a Motorcycle Accident Case Worth?

There is no definitive answer to this question of the settlement value of Maryland motorcycle accident cases. If anyone spends more time trying to figure out how to objectively understand the range of possible settlement and trial values for personal injury claims, I want to meet that person. I regularly track analytics on average financial awards for all types of accident cases, not just in Maryland but around the country. But the truth is that every case is unique making value comparisons very difficult. Moreover, the many motorcycle accident cases — including a large number of ours – are resolved with confidential settlements that are not reported.

May 16, 2018

Maryland Anoxic Brain Injury Attorney

by Ronald V. Miller, Jr.

Our lawyers handle lawsuits involving anoxic brain injuries. Anoxic brain injuries can result from medical negligence, childbirth malpractice or a serious accident. Our firm is very familiar with the science of anoxic brain injuries.

What is an Anoxic Brain Injury?

The brain is the most important and complex organ in the human body. The brain controls everything in the body. The cells in the brain require a constant supply of oxygen. When deprived of oxygen, even for a short time, cells in the brain can die. Anoxia is a term meaning the absence of oxygen. Hypoxia is a related term meaning low or insufficient oxygen. An anoxic brain injury is damage to cells in the brain caused by total oxygen deprivation. The oxygen loss causes cells in the brain to die. The extent and severity of an anoxic brain injury will vary depending on how long the brain cells are deprived of oxygen. Once brain cells die they do not regenerate. An anoxic brain injury can result in permanent mental and physical disabilities.

May 14, 2018

Supreme Court Strikes Federal Law Prohibiting Sports Gambling

by Ronald V. Miller, Jr.

The Supreme Court today Walker v. NCAA (formerly Christie v. NCAA) in a 7-2 decision found unconstitutional a federal law that prohibits sports betting on football, basketball, baseball and other sports. This gives states the green light to legalize betting on sports.

Legalized sports gambling in Maryland may not be far away. We came close to passing a law in the last session in anticipation of this ruling. Delaware and New Jersey may have sports gambling within the next few weeks.

You can read about this on ESPN or Sports Illustrated, too. But I’m unimpressed with how they have explained the law. I’m writing here for lawyers who want to understand the details of the ruling without reading the case or the briefs.

April 18, 2018

Can 3rd Party Drivers be Sued for Signaling to Other Drivers Proceed?

by Ronald V. Miller, Jr.

I met a really nice woman last week who young high school son was tragically killed in a car accident in which he was a passenger. I meet the nicest people in this job and I always wish it was under different circumstances.

Anyone who drives is very familiar with this scenario in this wrongful death case. You’re out on the road and see another driver who is trying to make a turn or change lanes. Empathy is natural because you have been in that same situation yourself. You recognize that you’re in a position to maybe help them out a little so you back up a few feet, make some eye contact and graciously hand signal for them to “go ahead.” Most of the time the other driver gladly advances, gives a thanks signal, and everyone drives away with warm, fuzzing feelings of roadway civility (unless they do not give “the wave” which should be a felony).

But what if they proceed with their turn in response to your friendly signal and get t-boned by an oncoming truck in the next lane that neither of you saw coming? I knew the answer to this question but it was sort of “The Law of Ron” type thing — I had no real source for my conclusion and a few lawyers at my office disagreed. So I thought my research would make a good blog post for other lawyers.

April 13, 2018

Atrium C-Qur Mesh Lawsuits

by Ronald V. Miller, Jr.

We have been getting a lot of calls from Atrium C-Qur hernia mesh victims. These poor people have a lot of questions and concerns and we try to lay some of those out for you here.

The C-Qur hernia mesh products are a line of polypropylene surgical implants that were manufactured by Atrium Medical Corp. The C-Qur hernia mesh products were one of several types of implant devices used in hernia repair surgery between 2006 and 2015. Hernia repair is one of the most frequently performed surgical procedures in the U.S. each year.

What are Hernia Mesh & Patch Devices?

April 6, 2018

Maryland Bedsore Lawsuits

by Ronald V. Miller, Jr.

Our law firm handles bed sore lawsuits in Maryland. Below are some common questions we get from victims.

What are Bed Sores?

Pressure sores (also known as bedsores or decubitus ulcers) are damage injuries to the skin and tissue below caused by extended compression. Pressure sores typically occur at thin points in the skin where it covers the bony areas of the body such as around the heels, hips, ankles and lower back. Individuals who are bedridden or have limited movement ability are at particular risk of developing pressure sores. This is why bedsores are a common problem for elderly patients in nursing homes.