Posted on July 13, 2009 in Medical Malpractice

An Indiana jury has issued a large verdict in a medical malpractice case last month, an unusual thing in a state where such judgments are rare. The jury awarded the woman $5 million after miscommunication about X-rays led her to lose a portion of her stomach. Due to caps on damages, the verdict will shrink to $1.25 million. Only about 1/3 or that state’s medical malpractice cases result in verdicts for plaintiffs .
Before they can sue, that state’s residents must bring their cases before a three-member medical review board, which can take a year or longer. Even if the board decides the case has merit, a trial can take years, and health-care providers are unlikely to settle because the state’s cap on damages protects them from the risk of massive judgments. A copy of the article regarding the case can be found here.

In medical malpractice cases in Baltimore and other counties in Maryland, we don’t have medical review boards. But we do have tort reform. Though there are many components, the main elements are the requirement of Certificates of Qualified Expert (also called a Certificate of Merit) and medical report before a case can make it to court, and a cap on pain, suffering and emotional distress. These two things have kept verdicts down in Maryland and, as a result, kept medical malpractice insurance premiums down for doctors and hospitals.

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 Posted on July 13, 2009 in Medical Malpractice

An Indiana jury has awarded $5 million to a woman in a medical malpractice case that was caused by a misdiagnosis. The woman, then 18, arrived at the emergency room with a ruptured diaphragm after playing softball. But through several miscommunications about what was shown by x-rays, she was misdiagnosed with a urinary tract infection and muscle strain, and then sent home.
Her condition deteriorated, so she saw doctors several times over more than two weeks. Eventually, emergency surgery revealed the correct diagnosis and resulted in the removal of a third of her stomach. Even today, she must limit food intake to avoid vomiting. She has had six surgeries and expects further complications. The woman can no longer work due to fatigue from the malpractice. A copy of the article regarding the case can be found here.

I have successfully handled many medical malpractice cases in Baltimore and other counties in Maryland involving the failure to properly read, report and/or interpret a radiology film. These cases are tragic b/c the answer to the problem is right before the doctor’s eyes, but it doesn’t get properly reported.

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 Posted on July 13, 2009 in Personal Injury

A Georgia jury has awarded a Home Depot customer and his wife $1.5 million in a case arising from a forklift accident in a store. According to the lawsuit, the plaintiff suffered severe neck and spine injuries after a pallet of plywood fell 24 feet from a forklift. The wood hit a barricade that knocked the plaintiff over, trapping the plaintiff under the plywood. This caused the plaintiff to incur over $120,000 in medical expenses and have to stop working in construction. The verdict included $30,000 for loss of marital relations.

Over the years, Home Depot and other "big box" retailers have faced many lawsuits over what is called "sky shelving," which involves storing stock above customers.

I successfully handled a negligence case just like this in Maryland, where a woman was injured when wood fell on her in a large home improvement store. The key to these cases is getting the policies and procedures of the store in order to show that the store violated its own policies and procedures.

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 Posted on July 13, 2009 in Medical Malpractice

A Frederick County jury has awarded almost $1.37 million to a woman who suffers severe and chronic leg pain and must take a blood thinner each day, after a diagnostic test left her with vascular injuries. The jury found that a doctor negligently performed a laparoscopy to determine the cause of the woman’s ovarian or abdominal soreness, and that he lacerated blood vessels. The lacerations led to emergency surgery which stopped the bleeding, but the incident left her with a deep vein thrombosis, or blood clot, in her leg and the possibility of more clots. The plaintiff alleged that the doctor violated the standard of care by performing the procedure without proper visualization, using excessive force and failing to take proper precautions to avoid cutting blood vessels.

The pain and suffering portion of the verdict, which included more than $315,000 for loss of consortium, accounted for about $1.2 million of the jury’s award. That figure will be reduced by about 45 percent to $650,000, the cap that was in place when the claim arose. The jury also awarded $156,915.01 in economic damages, of which $83,004.16 is for future medical expenses, $65,186.77 is for prior medical costs and $8,724.08 is for lost wages.

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 Posted on July 13, 2009 in Personal Injury

A Florida jury has awarded $750,000 each to the parents of a young man who was strangled to death in a restaurant’s parking lot, in a negligent security case. Jurors decided that the management company that owns a McDonalds and the company that owns the property were negligent for not providing security on the morning of the man’s death. According to the plaintiffs, there were over 750 calls for service from the McDonald’s and the surrounding parking lot between 2001 and 2005. The calls were for juvenile disturbances, loitering and assaults. About 200 of the calls mentioned alcohol use and most were made between midnight and 5 a.m. on Friday nights into Saturday mornings and Saturday nights into Sunday mornings. The defense had argued that the types of calls did not indicate that a homicide was about to take place. A copy of the article regarding the case can be found here.

I have successfully handled many cases in Baltimore and other counties in Maryland against negligent property owners. Some are major slip and fall or trip and fall cases. Some have been negligent security cases. In such a case in Maryland, the law states that a landlord has a duty to exercise reasonable care for the safety of tenants and invitees. If a landlord knows or by the exercise of reasonable care should know that criminal activity against persons or property has occurred on the landlord’s property, the landlord has a duty to take reasonable measures to pro-tect tenants and invitees against these criminal activities. In determining whether the measures taken by the landlord were sufficient, the landlord’s acts can be measured only by the criminal activities occurring on the landlord’s property and of which the landlord knew or should have known and not by those criminal activities occurring generally in the surround¬ing neighborhood.

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 Posted on July 13, 2009 in Personal Injury

A Florida judge has required an insurance company to pay a paralyzed truck driver $14.6 million due to a 2007 accident. The plaintiff was driving an 18-wheeler when another driver ran a stop sign, cutting the plaintiff off. The truck driver swerved out of the way, and his truck overturned. The accident cost the plaintiff the use of both his arms and legs and left him with extensive medical bills. If the plaintiff had not swerved, the other driver would have been killed. The insurer for the truck driver denied coverage, so the truck driver sued.

I have successfully handled a number of major car and truck collision cases in Baltimore and other counties in Maryland. Truck collision cases in Maryland are especially complicated because the lawyer must know the intricacies of federal and state truck rules and regulations, maintenance requirements, inspections, limitations on the number of hours drivers may drive, etc.

In one recent Baltimore truck accident case that I handled, the driver of the truck that struck my client and caused significant brain damage had been involved in several other accidents before causing my client’s accident. I retained a very well respected trucking expert who said not only was the truck driver negligent for causing the accident, but the trucking company was negligent for continuing to employ the truck driver after several accidents. This resulted in a major million dollar plus settlement.

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 Posted on July 10, 2009 in Medical Malpractice

A jury has issued a $31 million verdict against an Ohio hospital in a birth injury case, which could be the largest jury award for a medical malpractice case in that state’s history. The verdict included nearly $26 million for future medical care for the boy, who is now 8.

The boy has severe cerebral palsy. He cannot speak, uses a feeding tube, can’t walk and has difficulty holding anything in his hands. He will never be able to work, and his parents are now his health care givers 24 hours a day. As usual, this has caused the family to reduce their income to take care of the child.

The Plaintiffs alleged that the boy suffered permanent, irreversible brain damage during his birth. The boy’s mother was a VBAC patient, meaning she would deliver the boy vaginally, though she had previously had a Caesarian section. That meant she was at a higher risk for a ruptured uterus during labor, which occurred. At that point, the mother’s body stopped providing necessary oxygen through the placenta, though the boy had yet to be born. The family estimated that he went 18 to 20 minutes without oxygen.

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 Posted on July 10, 2009 in Medical Malpractice

A Texas jury has awarded a man $10 million in a medical malpractice case. The man had an allergic reaction to the blood thinner Heparin. During surgery, he suffered what’s called Heparin Induced Thrombocytopenia or H.I.T., which is a complication where the blood clots instead of thinning, stopping the blood flow to the extremities. As a result, the man lost his leg from thigh down, part of his right foot and a several fingers.

I have successfully handled a number of medical malpractice cases in Baltimore and other counties in Maryland involving use of blood thinners. In fact, I successfully handled a similar case to this, where a woman developed a clotting disorder after delivering a child, resulting in the woman losing her uterus.

Interestingly, the man may be the last to receive this kind of award in Texas. He filed his case before a new law took place which caps pain and suffering awards at $250,000. These type of cap are draconian, as they prevent seriously injured people from recovering the true value of their case, and also severely limit the number of attorneys who can afford to lay out $100,000 in expenses only to recover a fee of about that amount.

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 Posted on July 03, 2009 in Criminal Defense

https://www.silvermanthompson.com/lawyer-attorney-1300820.html As a Maryland Criminal Attorney I am often hired by people who have made the very big mistake of trying to represent themselves in a criminal case. I have blogged about this topic in the past but I had a case today that vividly illustrates the peril one places oneself in by appearing in criminal court without an experienced, aggressive criminal defense attorney.

My client is a 53 year old mother and grandmother with absolutely no criminal record. She is the mother of another one of my clients so I had met her several times in the past. She was charged with witness intimidation by her estranged daughter in law and the ex-girlfriend of her son. In fact, the alleged witness intimidation occurred during the trial in which I successfully defended her son against assault charges filed by the ex-girlfriend. Essentially, she was accused of making a phone call in which she threatened the victim telling her that she better not come to court. She was also accused of standing in her way as she tried to enter the court house on the day of trial and nudging her as she walked by.

She came to my office when she was charged several months back and advised me that she was going to hire me. I told her that it was essential that she have an experienced criminal defense attorney as witness intimidation cases are being prioritized by the prosecutors these days as a result of the "stop snitching" climate that permeates most urban communities as of late. The next thing I heard about the case was yesterday when I received a panicked phone call from her son advising me that his mother had decided to represent herself, had been found guilty and sent to prison.

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 Posted on July 01, 2009 in Criminal Defense

Baltimore Maryland Criminal Attorney – Lawyers for the ACLU filed a report with the United Nations Committee to End Racial Discrimination yesterday stating that despite efforts by senior law enforcement and government officials to stop it, racial profiling still persists in this country.

The report claims that Asian Immigrants and immigrants from North Africa have been the targets of much of the racial profiling the latter group because they may be suspected of being Islamic terrorist. Latin Americans have also been targeted for possible immigration violations and African Americans were targeted because of suspected narcotics trafficking, according to the report. The Obama administration stated that it is opposed to racial profiling with exceptions for national security and border investigations.

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