Posted on January 02, 2013 in Tax Controversy Litigation

Politics aside (because, let’s face it, it’s all about our own, bottom-line individual/household budgets), let’s look at the impact of yesterday’s tax legislation.

As with everything in life, there is good news and bad news. The federal fiscal plunge may not be as steep, but it doesn’t mean there isn’t a murky mess left to deal with.

Overall, the good news is that the literal eleventh-hour tax bill passage averted global economic panic; the overseas stock markets started strong this morning, and for millions of Americans still looking for work, unemployment benefits were restored. The bad news is that the legislation passage acts as yet another government bandaid, offering temporary relief while the underlying issue requires more attention. Every year it seems more commonplace for our country’s leaders to have these last minute tax debates and potential economic threats because the bigger issue, tax reform, is complicated and heated and never addressed in whole. They couldn’t resolve their debate over the debt ceiling, for instance, and what, if any, programs should be cut from government spending, so those issues will be fought over later this month.

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 Posted on December 19, 2012 in Medical Malpractice

When most hear about complications during childbirth most immediately think of the child. Obviously the birthing process is a delicate one, and infants are quite vulnerable to long-term harm that results from prolonged oxygen deprivation, the applications of excess force, and other incidents. However, it is important not to forget that mothers are just as susceptible to serious injury and even death caused by problems during childbirth. In fact, according to some recent reports, the most serious maternal complications are actually on the rise in the United States.

CDC Maternal Injury Report

Some assume that the days of high maternal death rates during childbirth are a thing of the past – at least in the developed world. The reality, however, is that while medical advances have obviously made childbirth safer, there remains serious risks of a mother suffering injury during birth. Those risks may be higher now than they were just a few decades ago.

According to a new report from the Centers for Disease Control and Prevention (CDC), emergencies which threatened the life of the mother during childbirth increased by a startling 75% in the decade ending in 2009 compared with the rates from the 1990s. In particular, there were significant increases in the number of mothers who experienced kidney failure, cardiac arrest, and serious respiratory emergencies. These are not minor problems but life-threatening events.

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 Posted on December 17, 2012 in Medical Malpractice

Popular movies and television shows involving lawyers and lawsuits sometimes create misperceptions about how the justice system actually works. For one thing, while courtroom drama makes the most riveting entertainment, in reality the vast majority of cases end with amicable agreements between the parties involved. Actual trials are certainly more an exception than a rule.

In addition, fictional portrayals often present the image of a check being cut for the plaintiff in a case as soon as the verdict is handed down. The reality, however, is sometimes much more muddled. That is because there is often intense disagreement regarding various parties who may be involved, individual doctors, hospitals, speciality clinics, and multiple insurance companies. Sometimes the fighting after liability is handed down is far more contentious than the original trial itself. This is one of many reasons why it is important to have a medical malpractice attorney who is experienced in these cases and familiar with all of the ancillary issues that may come up and delay payment of damages.

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 Posted on December 16, 2012 in Tax Controversy Litigation

United States citizens have an obligation to report to the IRS on Schedule B of their U.S. Individual Income Tax Return, Form 1040, whether they had a financial interest in, or signature authority over, a financial account in a foreign county in a particular year by checking "Yes" or "No" in the appropriate box and identifying the country where the account was maintained. They further have an obligation to report all income earned from foreign financial accounts on the tax return and to pay the taxes due on that income.

Separately, U.S. citizens with a financial interest in, or signatory authority over, a foreign financial account worth more than $10,000 in a particular year, must also file a Foreign Bank and Financial Accounts form (FBAR) with the Treasury disclosing such an account by June 30 of the following year. Failing to report such accounts or file required FBAR forms carries significant civil and potential criminal penalties.

Many foreign bank account holders are middle-class citizens with families living abroad, who either inherit funds (held in foreign bank accounts) from those families, or who send money from their paychecks to those families through a foreign bank account. Most such bank account holders are not even aware of the foreign bank account reporting requirement. Then there are those foreign bank account holders who are not only aware of the reporting requirements, but who also specifically seek out foreign banks who promise to provide secrecy to their clients and shield their money from detection from the IRS. The IRS Criminal Investigation Division and the United States Department of Justice work together to identify and prosecute such individuals and the banks assisting them.

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 Posted on December 14, 2012 in Medical Malpractice

The most well-known patient safety research project ever released is the "To Err is Human" report from the U.S. Institute of Medicine. You can download your own free copy of the report here.

One statistic in particular from the study is often shared by patient safety advocates. The report noted that each and every year nearly 100,000 patients are killed by preventable medical errors. The figure is helpful is quickly illustrating the scope of the medical mistake problem. While most doctors, nurses, and aides do their best to provide proper care, the sad reality is that we still have a very long way to go before all medical patients receive reasonable care free of mistakes every time they visit medical professionals.

To Err is Human was first released in 1999. However, follow-up studies from the Institute of Medicine and many other researchers has found that little has changed in the last thirteen years. Tens of thousands of patients continue to be killed and many more injured each and every year as a result of various errors in medical care. It is incumbent upon all practitioners and administrators to do everything in their power to improve patient safety figures.

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 Posted on December 14, 2012 in Medical Malpractice

The birth of a child is supposed to be one of the happiest moments in the life of a family. Unfortunately, for some the memorable occasions turns into a nightmare. That is because, at rates far higher than many suspect, childbirth can result in complications and injuries to the mother or child. Because of the delicate nature of the situation, when a new child is hurt during birth, the consequences are often quite severe. Birth injuries can prove to cause lifelong harm and can even be fatal.

When Is Medical Malpractice Involved?

Following a traumatic childbirth that leads to injury, mothers and fathers often have the same question: Could this have been prevented? Of course, there is no one-size-fits-all answer. The delivery of a new baby is a delicate process that is very fact-specific. Two births may be very different, requiring different actions and medical decisions. At times an injury may have been unpreventable. However, many injuries can be prevented if the caregivers acted differently in response to developing problems. When that happens, medical malpractice may have been committed.

How is a family supposed to know whether the injury to their child should have been prevented?

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 Posted on December 13, 2012 in Medical Malpractice

It is every medical patient’s worst nightmare. You go to the doctor to have routine tests performed. To your relief, everything comes back negative. You are in the clear. But, a few months later you begin to experience some health problems. Another doctor’s visit is scheduled, and more tests are done. This time the news is much worse. It’s cancer, and it has spread significantly. If you had received treatment earlier the options might be better, but now things look bleak.

Unfortunately, many families find themselves in this situation, and it is often connected to diagnostic errors. Medical tests are only as worthwhile as the work of the doctors reading and interpreting those tests. When those medical professionals make mistakes, patients may suffer serious injury or even death. That is particularly true in cases involving cancer diagnosis, because time of of the essence.

Fixing the Problem

There are many reasons why a doctor may fail to properly read test results. One of the most common stems from fatigue. Keen senses and sharp judgments are necessary to identify possible issues when reading medical test results. If a doctor is tired or overworked then there is an increased risk of mistakes.

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 Posted on December 13, 2012 in Medical Malpractice

The Post-Gazette reported recently on serious allegations of malpractice against a pathologist for misreading Pap smear slides and missing the presence of cancer in a patient. According to the story, a young woman was shocked when she was diagnosed with cervical cancer shortly after giving birth to her son. She had diligently received annual testing in the past which, she assumed, would have identified the cancer earlier. A lawsuit eventually filed in the case claims that for five years the pathologist in charge of decisions about the test reading told the women that everything was fine. The doctor did not identify the presence of any abnormal cells or order more testing to clarify ambiguity.

The woman in the case had several other pathologists review the slides. They found that the tests showed a clear progression of cells from "pre-cancerous" to invasive carcinoma. In fact, the very doctor named in the lawsuit admitted upon further review of the slides afterward that those test should have raised red flags. There is also some confusion about whether the defendant-doctor did in fact indicate suspicious signs which were ignored by obstetricians and gynecologists.

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 Posted on December 12, 2012 in Family Law

On November 30, 2012 we blogged about the Attorney General’s Opinion on the issuance of same sex marriage licenses and when the clerks could issue same. It appears that the clerks have followed the guidance of his Opinion as the first licenses were issued Thursday, December 6, 2012 as reported by the Baltimore Sun. Although the couples will not be able to wed until January 1, 2013, the Clerks of most Courts around the State have issued the licenses as of Thursday. As reported, Harford County and Prince Georges County are still working out some logistics, but will soon offer the licenses to same sex couples as well. While January 1, 2013, is a holiday and most courthouses would normally be closed, some are now considering opening to allow the couples to wed on their first available day to do so.

For more information, contact Monica Scherer, Esq. at 410-625-4740

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 Posted on December 05, 2012 in Medical Malpractice

In an opinion reported on November 27, 2012, the Court of Appeals of Maryland held that a settlement agreement executed in a Maryland medical malpractice case involving Mercy Medical Center was not effective to end the hospital’s liability. A copy of the Court of Appeals opinion can be found here.

In the case, Spence v. Julian, a Baltimore medical malpractice case that involved multiple defendants, Mercy Medical Center entered into a settlement agreement with the plaintiffs regarding the extent of Mercy’s liability. Prior to trial, the hospital was dismissed from the case, but the plaintiffs were successful against the remaining defendants. When the other defendants filed a contribution lawsuit against Mercy Medical Center, or an action to compel the hospital to contribute money toward the judgment, the hospital argued that it was shielded from liability under the terms of the release. The Court of Appeals found that the settlement agreement did not meet the statutory requirements set out in section3-1405 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, and thus Mercy Medical Center was potentially liable to the remaining defendants under the contribution suit.

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