Posted on September 24, 2009 in Driving Under the Influence

https://www.silvermanthompson.com/lawyer-attorney-1301140.html https://www.silvermanthompson.com/lawyer-attorney-1301140.html Some of the most difficult Maryland DUI/DWI cases that Maryland DUI/DWI Attorneys are called upon to handle are cases in which the offender has prior convictions for Driving Under the Influence or Driving While Impaired. These people are known as "repeat offenders" and are, as one would expect, generally treated far more harshly than people charged for the first time. State’s Attorney’s typically seek jail terms for people with one or more prior convictions and file enhanced penalties which allow for sentences of up to 3 years instead of just 1 year which is the maximum penalty if the State has not filed the enhanced penalties. This week I kept an offender with four prior convictions out of jail in spite of the fact that the State had a virtually bullet proof case against him. I will explain momentarily but first a few general observations about representing repeat offenders in Maryland.

Judges are generally very open to requests for jail from prosecutors for repeat offenders and are usually only deterred from sentencing someone to prison if significant steps have been taken by the offender to address the underlying alcohol problem so the court can be confident that the defendant will not re-offend. Judges often require home detention monitoring, long term inpatient treatment, half way houses, frequent testing for alcohol and drug use and in some extreme cases, 24/7 monitoring of the person to ensure that he or she is not drinking. This can be done now by fitting a person with an ankle bracelet that monitors the person’s sweat for the presence of alcohol. For each subsequent offense a Maryland DUI/DWI Attorney must require the client to take more and more elaborate measures to put him or her in a position where the attorney can argue to the court that a jail sentence is not appropriate and have that argument be taken seriously by the court.

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 Posted on September 22, 2009 in Medical Malpractice

This month, Silverman Thompson Slutkin & White attorneys Andrew G. Slutkin and Jamison G. White filed a medical malpractice case in the Circuit Court for Baltimore County against Genesis Brightwood Center, a nursing home and rehabilitation facility on Falls Road in Baltimore. The case is on behalf of an elderly women who was admitted to Brightwood Center after a double knee replacement. During the admission to Brightwood, while an aide was getting her dressed in her room she was caused to fall to the ground. When she struck the ground, the woman landed on both knees, which injured both knees and split open the surgical incision of the left knee causing it to become infected due to contamination with bacteria. As a result of the fall and continuing infection of her left knee, over the next few months the woman was readmitted to the hospital three times for complications from the infection. These three readmissions caused substantially more rehabilitation then otherwise would have been necessary, including three admissions to other rehabilitation facilities. As a result of the malpractice, the woman also has suffered extreme pain, suffering and emotional distress from the fall. She also has permanent left knee pain and requires antibiotics for life.

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 Posted on September 17, 2009 in Medical Malpractice

An Illinois woman has died six days after a surgical fire during an operation at a hospital. The hospital has acknowledged in a statement that the fire happened but won’t offer specifics. The medical examiner’s office says the woman died from complications of thermal burns, and her death is listed as accidental. A copy of the article regarding the case can be found here.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have successfully handled surgical fire and burn cases. For example, one was a case involving a fire during surgery where a man was severely burned and another involved a severe thermal burn that took place during surgery. Fires and unintended burns during surgery are completely preventable and perfect examples of malpractice. Surgeons and hospitals have known for decades how to prevent operating room fires and burns. Usually, it’s a simple as not using 100% oxygen, draping a patient properly or making sure that flammable skin prep solutions dry before using an electric cautery device. When a surgeon uses excessive oxygen or a patient is not properly draped, things that normally do not catch fire such as surgical drapes, skin and hair, can catch fire in an oxygen rich environment. In fact, I still have a video showing the difference between how surgical drapes catch fire normally (very slowly) compared to an oxygen rich environment (almost explosive). It’s shocking. To see some of the cases I have handled, click here.

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 Posted on September 14, 2009 in Personal Injury

Dr. Brian Edgar Emery, a Howard County physician, was killed on Thursday evening when the vehicle he was driving was struck from the rear by another vehicle and pushed into oncoming traffic. Dr. Emery was stopped on Route 32 near the Howard-Carrol County border waiting to make a left turn when his vehicle was hit from behind by a van being driven by Thomas Donald Cory. A recent, Baltimore Sun Article, reported on this tragic accident which occurred on a dangerous stretch of road in Howard County. Earlier this year a mother and child were killed on the same stretch of road.

A follow-up article in today’s Baltimore Sun discusses plans to repave and restripe that section of Route 32 in an attempt to make the road safer. The County’s desire to take immediate action to repair this road is indicative of just how dangerous this section of roadway is. County Executive, Ken Ullman, Governor O’Malley and various State Highway Officials have been working to take steps to make this section of road safer.

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 Posted on September 11, 2009 in Family Law

A common inquiry for Maryland divorce lawyers is how child support is calculated with questions such as, is it based on the custody arrangement, the amount of income of the parties, are the parent’s expenses taken into consideration, and what about expenses associated with the child? The answer, for the most part is all of the above, with the exception of the parent’s expenses, which are generally not taken into consideration unless it is an above the child support guidelines case. The Maryland legislature has enacted guidelines which provide a standard formula for calculating child support. The Maryland Code, Family Law § 12-204 provides that child support shall be calculated based on the parties combined adjusted actual income combined with the number of children the parties share. Not only do the guidelines take into account the parties’ gross income (not net income), but also any health insurance costs the parties are paying for the child or the children, costs of work-related child care either party may be paying for the child or the children, extraordinary medical expenses paid for the child or the children, and existing prior child support obligations.

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 Posted on September 10, 2009 in Business Counseling, Litigation & Transactions

The Washington Post has just published a fascinating article about health insurers who improperly cancel health insurance policies to save money once their insureds got sick. What a outrageous thing for an insurer to do. The article reports large verdicts against these health insurers, which are totally appropriate. With one such insurer, the employees actually received bonuses for cancelling such policies. What a disgrace. A copy of the article regarding can be found here. You will need to quickly register to view the article but it is worth it.

Over the years, I have successfully handled a number of breach of contract cases, which is really the main claim in such cases. In such a case, extensive pretrial discovery is necessary to get to the root of why these policies are cancelled. Having an understanding of medical issues also is very helpful.

Amazingly, some health insurers don’t seem to understand that people buy their policy to protect themselves form catastrophic medical bills and, after these people have paid premiums for years, they expect that the insurer will actually pay those bills if necessary. Amazing.

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 Posted on September 08, 2009 in Medical Malpractice

A widower has won an $8.5 million medical malpractice verdict against an Indiana hospital over his wife’s death. The woman, who had a dangerous bowel obstruction, died after the hospital failed to timely get an x-ray to doctors that showed her condition. During the trial, the man’s lawyers presented evidence demonstrating that the hospital failed to promptly get an x-ray to doctors that revealed the bowel obstruction, which is a life-threatening medical condition. The Plaintiff alleged that the hospital’s actions led to a one day delay in reading the film and postponed emergency surgery that would have cleared the obstruction and saved the woman’s life.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled several bowel cases arising from negligence. Some have been mesenteric ischemia malpractice cases and others have been bowel obstruction malpractice cases. Time is of the essence in treating such a condition, and timely communication among the health care providers is essential. To see some of the cases I have handled, click here.

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 Posted on September 04, 2009 in Personal Injury

Arthur deRoaldes Remanjon, a wedding photographer who also documented Fells Point and New Orleans, died Wednesday when the motorcycle he was driving struck a vehicle in the Tuscany- Canterbury section of North Baltimore. A recent article in the Baltimore Sun, documents the life and achievements of this well-known Baltimore resident and describes the tragic circumstances surrounding his death. Every year, hundreds of Maryland residents are injured or killed in motorcycle accidents around the state. Many of these accidents could have been avoided had the other drivers been paying proper attention and following the rules of the road. As experienced accident attorneys, we can help injured citizens and their families recover for accidents caused by negligent drivers. Our firm has secured numerous large verdicts and settlements on behalf of clients who have been injured by negligent drivers.

If you or someone you know is injured in an automobile or motorcycle accident, please feel free to contact Andrew G. Slutkin with further questions or inquiries at 410-385-2786.

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 Posted on September 04, 2009 in Driving Under the Influence

https://www.silvermanthompson.com/lawyer-attorney-1300822.html As a Maryland DUI/DWI Attorney I have become very accustomed to analyzing a client’s performance on the standardized field sobriety tests (at least the police officer’s version of that performance) to determine its legal significance. There are two reasons why police officers request that people suspected of DUI or DWI request the suspect to the perform the standardized field sobriety tests which are the Horizontal Gaze Nystagmus Test (HGN), the Walk and Turn and the One Leg Stand. There are certainly other tests that police officers asks suspect to perform in these situations such as alphabet, counting and finger dexterity tests but the three listed above are the standardized tests recommended by the NTSB.

The primary reason that police officers ask suspects to perform these tests is to allow the officer to develop probable cause to arrest the suspect or at least take him or her into custody and charge them accordingly. The reason for this is that the smell of alcohol alone is not generally considered to be enough to establish probable cause. The police officer will typically run the suspect through the tests and based on his assessment of the person’s performance, either take the person into custody or release him.

The second reason why police officers request that the suspect perform field sobriety tests is to develop evidence to be used against the suspect at trial. Assuming that the police officer details the poor performance in his report, this evidence is usually more than sufficient to convict the suspect of DUI or DWI, even in the absence of a breath or blood test.

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 Posted on August 31, 2009 in Family Law

With the economic downturn, more and more clients are filing for modification of their child support obligation, in an attempt to decrease the amount they owe every month. In fact, according to the Associated Press The Maryland Child Support Enforcement Administration has seen an 18 percent increase over the last year in requests for child support modifications.

In accordance with Section 12-104 of the Family Law Article, Annotated Code of Maryland, "the court may modify a child support award subsequent to the filing of a motion for modification and upon a showing of a material change of circumstances." Courts have held that an involuntary loss of employment is a material change in circumstances. However, it is up to the parent who is seeking to reduce their payment to file for a modification, and child support is not decreased until an order is in place (not simply because a Motion was filed). Many clients who are paying child support and suffer loss of a job, incarceration or a decrease in income do not file a motion to modify their child support with the court, because they may not be aware of this option or they wait to file and end up with a huge arrearage situation (past due child support). If child support is in fact modified, the Court may only make the new amount retroactive to the date of the filing, not back to the date of the loss of employment, incarceration or decreased income. If a modification of child support is the best course of action, it is important to move quickly to maximize the potential benefit.

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