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…
In Maryland hospital malpractice lawsuits, the Court of Appeals has followed the apparent authority theory of agency. Under this theory, if a Maryland hospital represents that a doctor is its servant or agent and thereby causes a patient to justifiably rely upon the care or skill of that doctor, the…
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…
Three Circuit Court judges came out of the Prince George’s County Judicial Nominating Commission last week for the vacancy created by retirement of Maryland Court of Special Appeals Judge James P. Salmon: Judge Toni Evon Clarke Judge Melanie Marva Shaw Geter Judge Michele Denise Hotten No word on when Governor…
Many are concerned about frivolous medical malpractice lawsuits. Little if any attention is given to frivolous malpractice lawsuit defenses. Everyone realizes that doctors are human beings and sometimes the very best doctors make mistakes, as do the best lawyers, accountants, plumbers and waitresses. But it is incredible how few malpractice…
The AP reports that President Obama’s says he’s willing to start from scratch on health care — and will consider medical malpractice caps sought by most Republicans. I don’t think the President really supports malpractice reform. My fear is that, at this point, he would sacrifice too much – including…
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.…
President Obama’s speech on malpractice both left Republicans demanding more and Democrats worried that President Obama will sell the rights of the few for health care reform. Clarifying his thinking (sort of), President Obama said on 60 Minutes on Sunday that there was no evidence that malpractice caps would make…
Dr. George E. Hossfeld, an emergency room doctor in Illinois, gets more than carried away attacking medical malpractice lawyers… and me.
A lawsuit by former CBS “Early Show” personality Mark McEwen against a Maryland doctor and Baltimore Washington Hospital has been dismissed on summary judgment. The Maryland medical malpractice lawsuit alleged that Baltimore Washington Medical Center should have recognized that McEwen was suffering from stroke-like symptoms and treated him with anti-coagulates.…