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Personal Injury Law

Maryland Injury Lawyer Blog Maryland Injury Lawyer Blog

Maryland personal injury related material from Miller & Zois.

Post Frequency: 4.4/day

Last Entry: April 01, 2011 at 15:16:36

Recent Entries: 508

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CBO on Defensive Medicine and Tort Reform

Posted on August 27, 2009
The Baltimore Sun's Jay Hancock observes that Charles Krauthammer holds the Congressional Budget Office up as the apex of unbiased reality in one context, but ignore its findings about the insignificant costs of defensive medicine and malpractice reform in the exact same column...


Personal Injury Lawyer Blogs: Thoughts on Blogging

Posted on August 24, 2009
The Drug and Device Law Blog has an interesting post on how long lawyers stick with blogging. The short version: most lawyers fail miserably at blogging over the long haul. Lawyers blog for a lot of different reasons, usually related, at least in part, to furthering their professional career...


Little League Lawsuits

Posted on August 24, 2009
There is good article on lawsuits involving Little League teams (and participant sports generally) in LawyersUSA this morning which includes a number of quotes from me.


Medical Malpractice Tort Reform and Obama's Health Care Plan

Posted on August 20, 2009
Real Clear Politics has a blog post suggesting that the Democrats are going to flip at the last minute on medical malpractice tort reform to save President Obama's health care bill. The theory on which this premise rests is that the only real obstacle for Democrats to malpractice tort reform is that Democrats do not want to offend trial lawyers...


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Maryland Malpractice Law

Posted on August 18, 2009
John Cord and I have put together a pretty good summary of Maryland malpractice law, including an analysis of the Maryland statutes that are germane to malpractice. We also added a sample malpractice certificate of merit and an expert report that comply with Walzer...


Cell Phones and Car Accidents: Jarring Statistics

Posted on August 13, 2009
I've been preaching about the perils of cell phone usage and, in particular, text messaging, because it is clear that cell phone usage causes car accidents. There is a bit of hypocrisy in this. I use the cell phone in the car. I justify this because I keep both hands on the steering wheel while using my Bluetooth...


Truck Accident Jury Verdict in Baltimore City

Posted on August 11, 2009
I'm pleased to report that Laura Zois and John Bratt obtained this morning a $1,063,000 verdict in a truck accident case in Baltimore City after a four day trial.


Preparing Clients for Mediation

Posted on August 11, 2009
One of the most important things to do to prepare for mediation is to get the client ready for mediation. If you are prepping a client for mediation in a personal injury case, don't forget to prepare the client for what may come in the defense lawyer's opening statement...


From My Mailbox

Posted on August 10, 2009
From my email box this weekend: i need an example direct examination of liabiliy expert in snow/ice slip and fall case preferably illinois. We have dedicated an area of our Personal Injury Lawyer Help Center to providing sample examination outlines and sample trial transcripts because our lawyers think it is really helpful to have real samples to review, particularly for personal injury lawyers who have not had the opportunity to try a lot of cases...


How Do Doctors Handle Malpractice Lawsuits?

Posted on August 07, 2009
Kevin, MD blogs about the toll a medical malpractice lawsuit takes on doctors who commit medical errors. The post acknowledges that the focus typically is, and should be, on the victims. But it is important to remember that medical malpractice comes from different places...


Ameriprise: Battling for "Most Difficult Car Insurance Defendant" Title

Posted on August 06, 2009
Five years ago, I had never heard of Ameriprise Auto & Home Insurance. Now, I'm seeing more and more Ameriprise claims that involve an Ameriprise insured defendant. Ameriprise certainly does not have a lot of market share in Maryland. But the Ameriprise website claims it is one of the fastest growing insurance companies in the country...


Disc Injuries: Settlement and Trial Value Aid

Posted on August 05, 2009
Jury Verdict Research provides some incredibly interesting data this month on a topic of great interest to accident lawyers: disc injuries. Eighty percent of disc injuries that go to trial are from injuries suffered in auto/truck/motorcycle accidents...


The Mission

Posted on August 04, 2009
This mission - should you choose to accept it - is clear. It is being executed by others with discipline throughout the country. If properly implemented, it will fill the RSS feeds of every medical malpractice lawyer in this country with editorials from New York to Timbuktu (not the goal but a fun byproduct)...


Personal Injury Roundup of Links

Posted on August 03, 2009
Wisconsin Supreme Court begins to lean to the right, notwithstanding last week?s informed consent holding. $11 million malpractice settlement in Chicago (Dallas Fort Worth Injury Lawyer). Advice on coordinating PIP and workers? compensation in third party car accident cases...


First Neurontin Lawsuit is Dismissed During Trial

Posted on July 30, 2009
Bizarre outcome for the first Neurontin trial. The family agreed to dismiss the lawsuit in the middle of trial after an anonymous donor - huh? - offered to put money in a trust for their 10-year-old daughter, according to Mark Lanier, the family?s lawyer...


Henry Louis Gates and the Cambridge Police

Posted on July 29, 2009
I'm pretty diligent about sticking to issues of interest to personal injury lawyers on this blog. But Eugene Robinson has a great article on the Henry Louis Gates debacle that was both insightful and fun to read.


Another Plaintiff's Informed Consent Victory

Posted on July 28, 2009
In another big informed consent opinion, the Wisconsin Supreme Court in Bubb v. Brusky overturned the trial court and an intermediate Wisconsin appellate court in finding that a doctor did have to inform his patient of the treatment options if the medical community is split as to the appropriate course...


Medical Malpractice and Informed Consent in Maryland: New Maryland Court of Appeals Opinion

Posted on July 27, 2009
Big summer for the Maryland Court of Appeals in personal injury/medical malpractice appeals opinions. The latest in a recent spate of Maryland high court opinions, McQuitty v. Spangler, involves a tragic case of a boy who was born with severe cerebral palsy...


Neurotin Lawsuit Goes to Trial

Posted on July 27, 2009
The first Neurontin suicide lawsuit against Pfizer gets underway today in Boston. The case is being billed by many, including even the trial judge, as an underdog of the Creed-Balboa variety. Pfizer has not set aside a reserve to deal with any of the Neurontin lawsuits...


Defensive Medicine and Medical Malpractice Costs

Posted on July 27, 2009
I've complained before about medical malpractice reform advocates who hold the Congressional Budget Office up as the apex of neutrality and wisdom in one context, but ignore its findings about the insignificant costs of defensive medicine. Charles Krauthammer managed to do this within the same editorial in the Washington Post on Friday...


The Revenge of Bizarro Ron Miller

Posted on July 24, 2009
Last month, I wrote a post about an article I read from Ron Miller, a politician in southern Maryland, who wrote an article suggesting we take a shot at health courts in Maryland to help resolve malpractice cases. Mr. Miller fails to note that we already tried this in Maryland and it completely failed...


Ben Roethlisberger Lawsuit

Posted on July 24, 2009
John Bratt on the Baltimore Injury Lawyer Blog finds a way to make the lawsuit against Ben Roethlisberger of interest to personal injury lawyers. I offer my own thoughts from a more philosophical and less substantive perspective here.


Yaz Lawyer: Information for Attorneys Handling Yaz/Yasmin Lawsuits

Posted on July 24, 2009
The Yaz and Yasmin litigation is just now starting to take off, with at least 11 lawsuits around the country. Lawyers evaluating Yaz/Yasmin cases need to pay particular attention to (1) the injuries; (2) the defendants; and (3) viable claims.


Washington, D.C. Medical Malpractice Verdicts

Posted on July 22, 2009
How many medical malpractice trials have there been in Washington D.C. this year? Ummm, let?s see, medical malpractice lawsuits are out of control. I know this because I read the Forbes article repeating the ?malpractice lawsuits are running amok and medical malpractice lawyers are the problem? mantra...


Complaints Against Doctors On-Line

Posted on July 22, 2009
The Washington Post has an article today about doctors who seek pledges from their patients not to complain on websites about the health care services they receive. Let's set aside the obvious for a second that these agreements are very unlikely to be enforceable, either legally or practically...


Maryland?s Cap on Damages in Lead Paint Cases

Posted on July 21, 2009
The Maryland Court of Appeals has two big cases in 2009 ? one a lead paint case, the other a medical malpractice claim - in which plaintiffs seek a path around Maryland?s non-economic damages cap after big jury verdicts. Plaintiffs lost Round 1 today...


Context for Medical Malpractice Claims

Posted on July 17, 2009
The total cost of medical litigation and malpractice insurance premiums has fallen to an all-time low according to a new Public Citizen report. Medical malpractice litigation?s share of overall health care costs has fallen to less than 0.6 percent...


Forbes Article on Lawsuits in New York

Posted on July 15, 2009
I was tempted to respond to this Forbes article on how our tort system and medical malpractice lawyers are ruining New York. But, to save myself some effort, I decided to wait the obligatory fifteen minutes to give the resident New York personal injury blogger, Eric Turkewitz, a chance to respond...


Holes in Shoes Motion Case Ends in Mistrial

Posted on July 13, 2009
The personal injury case with the "Motion for Counsel to Get New Shoes" that I blogged about Friday ended in a mistrial, setting aside what apparently would been a $2.2 million plaintiff's verdict. So, essentially, filing this silly motion may have cost his injured client $2...


Defense Lawyers Success Secret: Worn Out Shoes

Posted on July 10, 2009
The Palm Beach Post has an insane story about a plaintiffs' lawyer in a personal injury case in Florida who filed a motion to prevent a defense lawyer from wearing shoes with holes in them: Part of this strategy is to present Mr. Robb and his client as modest individuals who are so frugal that Mr...


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