A Florida appeals court gave an interesting ruling in Kristensen-Kepler v. Cooney on the question of whether there was potential liability against an ambulatory surgical center. Plaintiff’s wrongful death claim was that the ambulatory surgical center’s anesthesiologist negligently caused an infection in decedent’s spine. The court found that the surgery…
I had the pleasure today to compute post judgment interest in a case we won at trial and on appeal. Maryland’s post-judgment interest rate is 10%. Unfortunately, the interest does not compound so the real rate of interest declines over time. In fairness to parties that win at trial only…
To file a medical malpractice lawsuit in Maryland, a plaintiffs’ malpractice lawyer must file a certificate of merit by a medical doctor that the negligent doctor breached the standard of care and caused injury to the injured plaintiff. This certificate of merit is a document authored by one or more…
Maryland does not have an independent cause of action for wrongful birth but, to some extent, embraces the concept within medical malpractice law. A Maryland “wrongful birth” claim would appear to require a doctor patient relationship with the defendant doctor or health care provider. The damages in wrongful birth cases…
The Washington Supreme Court unanimously (9-0) threw out a 2006 law that requires an injured patient to get a certificate of merit from an expert before suing for medical malpractice, finding that RCW 7.70.150, usurped the judicial branch’s power to determine the procedures by which courts adjudicate medical malpractice lawsuits.…
A doctor faces a long, and almost certainly, emotional jury trial. And the doctor wins. Does this mean the doctor can put the incident to bed? The answer is usually, but not necessarily. A jury’s finding that a doctor did not commit medical malpractice does not control a decision of…
The Maryland Injury Lawyer Blog offers thoughts on when to serve interrogatories. The argument that interrogatories should filed contemporaneously with the complaint applies to medical malpractice cases but with less force. The question is going to hinge on the facts, potential defenses, and other tactics specific to that malpractice lawsuit.
The Maryland Injury Lawyer Blog provides links today to summaries of Maryland malpractice law for medical malpractice lawyers, information on the Maryland malpractice damage cap, and a sample malpractice certificate of merit and expert report.
The Maryland Court of Appeals changed an illogical quirk in Maryland law on Friday, finding that doctors must inform patients not only of the risks of treatment but also the potential consequences of forgoing a medical procedure. The Maryland Injury Lawyer Blog has a complete summary of this medical malpractice…
Wisconsin has a really dumb medical malpractice law. Non-dependent children or their parents are not allowed to file a medical malpractice lawsuit for a death claim that results from a medical error. There is now a move afoot in the Wisconsin legislature to make for a more fair wrongful death…