Last week, the Maryland Court of Special Appeals issued its opinion in Hinebaugh v. Garrett County Memorial Hospital. This case is a cautionary tale for medical malpractice lawyers and other Maryland lawyers who think they can handle malpractice cases. Maryland, like many states, creates a lot of hoops that plaintiffs…
Finding a suitable nursing home for an older loved one is an arduous and time-consuming process. Nursing homes can be the best fit for an elderly family member’s care, but fears of elder abuse, medical mistakes, and the recent problem of MRSA infections make the choice even more difficult. Very…
Here an interesting medical malpractice case out of Tennessee worth discussing that relates to substituting plaintiffs in a medical malpractice case. In this case, Holley v. Blackett, the Tennessee Court of Appeals allowed common sense to triumph, reversing a trial court’s entry of summary judgment in a wrongful death breast cancer misdiagnosis…
Here’s an interesting case that the Nebraska Supreme Court decided yesterday. Plaintiff volunteers to donate a kidney to his dad. The doctor removes the plaintiff’s kidney and gives it to the father. Sadly, the father has complications with the kidney, requiring further surgery. According to the plaintiff’s complaint, the doctor…
On our website, we have put up pages that provide information about bringing medical malpractice claims against hospitals in Maryland, including these four Baltimore City hospitals: Harbor Hospital Johns Hopkins University of Maryland Franklin Square (technically not in the City but right on the line) We provide information on who…
This case is barely worth reporting on, but I thought I would pass it along. In Smith v. Palin, a Maryland federal court was asked whether the Maryland Health Care Alternative Dispute Resolution Office abused its discretion in extending the time for filing the expert certificate required by Maryland law several times.…
An appellate court in Florida affirmed a defense verdict in a medical malpractice lawsuit. Plaintiff alleged that the doctor was negligent in failing to diagnose and treat the decedent’s cervical cord compression, a condition which eventually caused the man to suffer from quadriplegia. Plaintiff made four arguments on appeal. The…
This is a guest post from Jonathan Rosenfeld, a medical malpractice attorney in Chicago, IL. Jonathan is the founder of Rosenfeld Injury Lawyers. I appreciate his contribution to this blog. The topic Jonathan attacks today is an important one: how to help cerebral palsy patients get the best possible outcomes.…
Disturbingly, the Pennsylvania Supreme Court will consider approving “a mere error in judgment” does not constitute negligence jury instruction. In other words, doctors can make mistakes as long as the jury wants to understand why the doctor made the mistake and can tolerate it. The case on appeal involves an…
Honestly, I have always figured they did. My thinking was that it is basic economics. Decrease the upside risk and premiums will come down. Now, I’m not so sure. Certainly, at a glance, a cap on noneconomic damages appears to be correlated with keeping health care malpractice premiums down. But…