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.

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.

Continue reading

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

knee-200x300

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.

guyonphone-300x250

                Zostavax Trials Set for 2020

U.S. District Judge Harvey Bartle of the Eastern District of Pennsylvania has selected the initial “bellwether” cases in the Zostavax MDL. The bellwether Zostavax cases will be grouped into two categories and prepared for five proposed trial dates that will take place between fall 2020 and summer 2021.

You never know how mass tort cases are going to go.  But I do think the Zostavax cases might be ripe for settlement long before these cases ever go to trial.

In Armacost v. Davis, the first appellate tort opinion in Maryland in 2019, the Maryland Court of Appeals was asked to examine whether a trial court’s instructions to the jury were inappropriate and prejudicial in a medical malpractice case alleging negligence after a four-level cervical discectomy and fusion surgery performed by the defendant left the victim with claims of permanent injury.   The Maryland high court ultimately held that:

1)    The trial court did not mislead the jury as to the applicable law by first giving them general negligence instructions before instructing jurors on the standard of care applicable to the defendant brain surgeon’s actions.

2)    The trial court did not abuse its discretion by telling jurors how much longer they would be required to deliberate after they had previously expressed concerns over the length of the trial.

Herniated discs in the neck

How much are cervical herniated disc cases worth?

Metro Verdicts Monthly’s graph in this month’s issue is median settlements and verdicts in cervical (neck) herniated disc cases in Maryland, Washington, D.C, and Virginia. The median cervical herniated disc case in Maryland is $40,000. The Washington D.C. and Virginia medians are $50,000 and $36,000, respectively.

Settlement Values Vary Wildly

Headaches

What is the value of head injury cases?

I’m fortunate in that I don’t get many headaches, a blessing I attribute to good hydration and genetic good fortune. On the rare occasion that I do get them, they are debilitating. It is hard to enjoy much of anything in life when you have anything north of a mild headache.

Juries struggle with figuring out how to value personal injury cases when the primary injury is a head injury that caused —  and may be continuing to cause — headaches.

Insurance Companies Put Up a Fight

Get Your Case Settled for a Good Value

I believe car crash injury victims are always better off hiring counsel for many reasons not worth fully exploring here (but I do here). But if there is any type of claim where an injured victim can justify proceeding without a lawyer, it is in the classic neck or back soft tissue/whiplash injury traffic collision case with clearly no permanency.

My belief has always been that the benefit of experienced counsel can bring to a case is going to vary inversely with the severity of the injury. If you have a permanent injury, you are foolish if you don’t hire a lawyer. (I wouldn’t handle my own case either because that is also an awful idea.)

A quality attorney in those cases is statistically going to get you a lot more money – put a lot more money in your pocket – than you would get for yourself. The same is probably true in soft tissue neck/back injury cases, too. But car accident lawyers cannot run from the fact that the difference is much less significant.  Some people just prefer the path where lawyers are not taking money away from their settlement. So be it. As long as you understand you run a risk just like you run a risk when you try to install your own bathroom floor, just typically with a lot more money at stake.

Continue reading

Contact Information