A paradox that is just dumb: active-duty military personnel cannot sue military doctors – and, more importantly, the military – for medical malpractice. Under the Feres Doctrine, a 1950 Supreme Court ruling that bars active-duty military personnel – and, improbably, their families – from suing the federal government for injuries…
My understanding of Maryland law is that doctors do not have to consent to settle before the insurance company can make a settlement offer, absent specific policy language giving them that right. (I say “my understanding” because I really don’t know the source. It could be the “Law of Ron.”…
Explore Baltimore County writes about a bill introduced by a doctor who is in the Maryland House of Delegates that says, in effect, that if a doctor says he or she is ‘sorry’ for a medical outcome, that apology would be inadmissible in a Maryland courtroom. I just looked for…
Both lawyers and laypeople have misconceptions about the application of the wrongful death cases. Making matters more complicated, we now have different rules in medical malpractice cases than we do in accident or other tort liability death rules. On our website, we are making a continuing effort to explain the…
For a variety of reasons, there is often a significant lag time between the time of death and the filing of a wrongful death lawsuit. For better and for worse, life goes on and the widow often remarries. So the question is, “Should a jury take this into consideration in…
The Maryland high court provides a good look at just how complicated the implications of joint tortfeasor releases can be in Hashmi v. Bennett, a medical malpractice case filed against Good Samaritan Hospital of Maryland and a number of other medical providers. Plaintiffs’ filed a medical malpractice survival action/wrongful death…
The Maryland Court of Special Appeals provided yet another ruling about the nuances of malpractice law in Maryland, specifically the certificate of merit and other technical requirements necessary for initiating a medical malpractice lawsuit. In Maryland, the procedures for filing and litigating medical malpractice actions are established by the Maryland…
This article underscores the abject failure of medical error reporting programs – and laws that require reporting – because no one is really trying to enforce the laws that already exists in 27 states, including Maryland, requiring hospitals and other facilities to report serious medical malpractice. Every once in a…
This is a sample Maryland medical malpractice lawsuit. The links on the right of the document provide other examples of motions, pleadings and discovery in Maryland medical malpractice lawsuits. We provide a lot of medical malpractice samples on our website for the Maryland malpractice lawyer who wants to see how…
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…