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Personal Injury Law

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

"Relates Back" Lawsuit Reinstated: New 1st Circuit Opinion

Posted on May 11, 2009
The 1st Circuit Court of Appeals wrote a helpful opinion for product liability lawyers who get the name of the defendant wrong when filing just before statute of limitations expires. The court elevated substance over form in finding the the claim "relates back" under federal law...

Hydroxycut Recall

Posted on May 05, 2009
The FDA has warned users of weight loss drug Hydroxycut to stop taking the popular weight-loss product because of risk of severe liver damage. The Hydroxycut recall focuses us all for the zillionth time on FDA?s ability to sufficiently police so much as a high school prom...

Medicare Liens

Posted on May 05, 2009
We can can hold hands and agree with the Drug and Device Law Blog on few things related to drug and medical device litigation but this is one: we hate Medicare liens and the government is making life even more difficult for parties on both sides of the v...

New Tort Against Medical Malpractice Doctors : Should Courts Force Doctors to Confess Their Own Negligence to Their Patients

Posted on May 05, 2009
University of Baltimore law professor Richard W. Bourne wrote an article published this year in the Arkansas Law Review articulating the theory that there should be an independent tort claim when a doctor destroys evidence or when a doctor fails to disclose to the patient that there has been a breach of the appropriate standard of care that causes injury...

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Bad Golf Shot Lawsuit Ends with Summary Judgment

Posted on May 04, 2009
The New York Appellate Division affirmed, in a 4-1 opinion, a trial court?s ruling granting summary judgment in favor of a golfer who struck his friend in the eye with a golf ball. Both the plaintiff and defendant were medical doctors and friends? before the accident...

Botox Black Box Warning

Posted on May 01, 2009
The FDA announced that it will now require Botox and its progeny to provide black-box warning. The FDA said the labeling is necessary to warn doctors and patients that Botox has potentially fatal complications, including problems with swallowing or breathing...

The Difference Between Moral and Civil Responsibility

Posted on April 30, 2009
The New York Daily News reports that the family of a high school student in New York, who was killed in a stolen vehicle hit-and-run drunken driving accident, has filed a wrongful death lawsuit against the driver of the car, the owner, and the family that hosted an underage drinking party...

Personal Injury Lawyer Adverstising

Posted on April 27, 2009
?For What It Is Worth? has a picture on a blog entry I found via Overlawyered. It pictures a van that could be a replica of a cartoon mocking personal injury lawyers. The blog, written by a non-practicing lawyer in Connecticut, provides no context for the picture, so I was 99% sure at first glance that it was a joke/hoax...

U.S News and World Report Rankings and the University of Baltimore Law School

Posted on April 21, 2009
U.S. News and World Report ranks the University of Baltimore Law School in the Third Tier again in its annual rankings of law schools. I was hoping to see the Law School jump to the second tier, but that is probably not yet realistic. But a new state-of-the-art building for the law school is coming and lots of other changes...

Malpractice Lawsuits Is the Only Deterent in Maryland, Part II

Posted on April 21, 2009
Yesterday, I wrote about how the Maryland the Maryland Board of Physicians does not deter bad doctors and that the most viable deterrent to bad medicine in Maryland is medical malpractice lawsuits. Today, the Maryland Daily Record reports that the consumer advocate group Public Citizen has found that Maryland's physician discipline system is one of the worst in the United States...

Maryland Malpractice Lawsuits and the Public Interest

Posted on April 20, 2009
The Baltimore Injury Lawyer Blog today underscores why meritorious medical malpractice lawsuits not only bring justice for the malpractice victim but also serve society. The post contrasts two cases of malpractice and cover-up: one by a Maryland lawyer, the other by a Maryland doctor...

Baltimore Residents Neglect Jury Service

Posted on April 20, 2009
The Maryland Bar Journal just published an article on an interview with retired Howard County Judge Dennis M. Sweeney, who talks about the jury trial system in Maryland. One amazing fact Judge Sweeney offers is that the no-show juror rate in Baltimore City is approximately 60%...

GEICO

Posted on April 17, 2009
Warren Buffett's Berkshire Hathaway took a bath this year. But in Buffett's annual letter to shareholders, he seems pumped about how GEICO is faring in the car insurance market. Buffett noted that under GEICO chief executive Tony Nicely, GEICO did its part to keep Berkshire Hathaway profitable, increasing GEICO's market share to 7...

First Year Lawyers Starting Salaries

Posted on April 16, 2009
Mega law firm McKenna Long & Aldridge announced yesterday it was cut the starting salaries of its first year lawyers by $20,000. (The original version of this post said "to $20,000." Now that really would have been news!) There has been delay in reducing starting associate salaries even while these large firms are laying off scores of lawyers...

Lawyers USA Article on Independent Medical Exams

Posted on April 14, 2009
LawyersUSA has an article today on a frequent topic on this blog: "independent" medical exams. There are a number of quotes from me in this article.

Value of Wrongful Death Cases in Maryland Where Victims Is 65 or Older

Posted on April 13, 2009
Lawyers handling wrongful death cases encounter an awful argument from defense lawyers in cases where the victim is 65 years-old and older: you have to discount the value of your claim because the victim was old, anyway. The argument is so callous no lawyer would directly make this argument to a jury, especially in a jurisdiction like Maryland where there is a meaningful cap on wrongful death and survival action damages...

IME Doctors Caught on Tape

Posted on April 01, 2009
The New York Times has a good article today on Independent Medical Examination doctors, including a doctor referred to by New York injury lawyers as "Doctor Says-No." We have a number of IME doctors in Maryland that must be related to him because they have the exact same last name...

Lawsuit Against Maryland Malpractice Lawyer by Referring Lawyer

Posted on March 31, 2009
The Maryland Court of Special Appeals wrote an opinion of interest to Maryland malpractice lawyers who receive referrals from other Maryland lawyers in medical malpractice cases. This case involves a Maryland lawyer who referred a cancer misdiagnosis case involving an allegedly misread mammogram to a lawyer that handles medical malpractice cases, agreeing to a fee split...

Maryland Auto Accident Cases: A New "Amount in Controversy" Law Passes the Maryland Senate

Posted on March 24, 2009
Maryland Senate Bill 468 passed today in the Maryland Senate. It increases - from $10,000 to $20,000 - the maximum amount in controversy in a civil action in which a party may not demand a jury trial. In other words, defendants would only be able to "bump up" cases between $20,000 and $30,000 from District Court to Circuit Court...

Seroquel Study 15

Posted on March 23, 2009
The Washington Post has an article providing more detail on Study 15, the Seroquel study that saw the same fate as many pharmaceutical company drug trials do that the companies don't like: they stick them in their glove compartment - even deeper than I would stick my parking tickets in college...

Medical Device Safety Act of 2009 and Doctors

Posted on March 20, 2009
New England Journal of Medicine has an editorial from doctors who support federal legislation that would give injured patients the right to sue medical device manufacturers in state courts. Sometimes I have a case against multiple defendants where each defendant would be better served by making a stronger case against the other defendant...

Nursing Home Abuse in Maryland in 2007: Getting Worse, Not Better

Posted on March 19, 2009
Maryland?s nursing homes had an ?off year? according to Jay Handcock?s blog for the Baltimore Sun. The Government Accountability Office reports that citations in Maryland for inflicting residents with ?actual harm? or putting them in ?immediate jeopardy? were given to 17% of Maryland?s 234 nursing homes last year...

Personal Injury Links

Posted on March 17, 2009
Links from about the personal injury world: Michael Kinsey, taking a break from offering his breathtaking insight that the stimulus package is not cost free (who knew?), has an editorial in the Washington Post discussing the insanity of juries deciding complicated issues regarding whether proper warnings are placed on drugs...

Exxon Jacksonville Verdict Part 2

Posted on March 12, 2009
The rest of the Jacksonville Exxon Verdict has been read. Total verdict: approximately $150,000,000. Huge verdict. But I have no idea what Plaintiffs' lawyers were demanding or Exxon was offering to settle the case. Exxon certainly seemed to be rolling over on negligence so it is no surprise that there was a Plaintiffs' verdict...

Jacksonville Exxon Verdict: No Punitive Damages

Posted on March 12, 2009
A Baltimore County jury did not award punitive damages in the Jacksonville Exxon oil spill in 2006. The jury did award economic damages for property damage and loss of value of property. The diminution of property value awards to these Jacksonville homeowners is ranging from $300,000 to $1...

Defendants' Truck Accident Lawyer's Advice: Set Up Another Corporation to Avoid Responsibility

Posted on March 11, 2009
Bob Franklin, a well respected Maryland lawyer who defends trucking companies for Franklin & Prokopik, wrote an article on defendant truck accident cases advising defense lawyers on handling plaintiffs? truck accident lawyers? vicarious liability arguments entitled...

Wyeth v. Levine!

Posted on March 04, 2009

Punitive Damages in Maryland: More on the Exxon Trial

Posted on March 03, 2009

The "Plaintiff's Lawyer Is Insane So I Won't Bother to Respond" Argument

Posted on March 02, 2009

Trial Tactics Tips from George W. Bush

Posted on February 25, 2009
I was trying an auto accident case recently where the Plaintiff?s lost wages were at issue. The Plaintiff did not have an ?off slip? from a doctor. Instead, she took off work when she felt like her pain dictated taking a day off. On cross-examination, my client was grilled ? over objection ? about whether the medical records sitting at the trial table contained an ?off slip? from a doctor...

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