Posted on July 01, 2010 in Family Law

Third party visitation cases have become increasing difficult cases to establish ordered child access. The standard has been and remains that in order for grandparents or other third parties to be awarded visitation with a grandchild/child they must show either parental unfitness or exceptional circumstances. For more information regarding third party visitation see our August 11, 2009 blog post. Maryland’s second highest court recently filed an opinion in the case of Brandenburg v. LaBarre on June 2, 2010, which held that in order to prove exceptional circumstances in a third party visitation case, third parties must show that without visitation there will be significant harm to the children. I am of the opinion that prior to this decision, exceptional circumstances could be proven without proving actual/significant harm to the children.

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 Posted on June 30, 2010 in Medical Malpractice

A New York jury has awarded $1.7 million in damages to a woman in a medical malpractice case, to compensate her for permanent nerve damage that was caused by an improper injection given to her following the delivery of her baby. The woman was given an intramuscular injection several hours after delivery, while in the recovery room, to try to stop her vomiting. But the nurse improperly administered the injection too low, damaging the woman’s sciatic nerve. The woman now has lower back problems, difficulty sitting and standing for any significant period of time and limitations on her physical activities. The condition is expected to worsen. A copy of an article regarding the case can be found here.

This is an interesting case because of the severe and permanent damage that the improper injection caused. Usually, injections do not cause significant damage but when they do there may be a medical malpractice case if the damages are severe.

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 Posted on June 30, 2010 in Divorce

The Maryland Daily Record reported on June 28, 2010 that 81% of divorce attorneys have used Facebook as a form of evidence. It is a growing phenomenon in the family law practice and it has occurred in our practice in divorce hearings, custody hearings, and protective order hearings. The statements on a spouse or parent’s Facebook page may be just enough, and appears to have been just enough, to push the Judge in one direction or another in a case. Most Judges may not be aware of the context of a picture or statement on Facebook and with blurry evidentiary rules regarding their admission a picture that is funny to you may appear disturbing to a Judge.

Many may question why a Facebook page would be relevant in a divorce, custody or protective order matter. As explained in our February 28, 2010 blog, a fault based divorce such as adultery requires proof of both the opportunity and disposition for the adulterous relationship to be proven. A Facebook page displaying pictures or words of affection may be the key to proving the disposition element needed for adultery. As explained in our October 23, 2009 blog, in custody proceedings a significant factor that is considered is parental fitness. A Facebook page displaying irresponsible habits of a parent may question the fitness of that parent in caring for their child. As explained in our August 16, 2009 blog, the alleged abuse that is needed to enter a protective order can consist of a threat of serious imminent bodily harm. Such a threat on a Facebook page may be enough for a Judge to enter a protective order.

If you have questions regarding evidence related to a divorce, custody, or protective order proceeding an experienced Maryland family law attorney will be able to assist you.

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 Posted on June 28, 2010 in Medical Malpractice

A South Carolina jury has awarded $3 million in a medical malpractice case to the family of a 25-year-old woman who died after medical treatment in 2002. The woman died from an infection due to a kidney stone. After the treatment at a local emergency room, the woman was discharged and due to check-up with a urologist the following Monday. However, before she could see the doctor, she died from an infection. The jury found that the emergency room and hospital did not meet the standard of care when they failed to take appropriate vital signs and perform basic testing, which would have resulted in proper diagnosis and treatment of the infection.

This sounds like a very good case. It is important for all health care providers to obtain baseline vital signs on a patient and perform reasonable tests that can diagnose serious problems that are likely. In this case, the doctors diagnosed a kidney stone but did not do the routine blood testing that would have revealed that the woman actually was very sick. Instead, she was sent home with the false assurance that she could wait a few days to be seen. It is tragic.

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 Posted on June 28, 2010 in Medical Malpractice

A Harford County, Maryland jury has awarded a 53-year-old woman $3.5 million in a medical malpractice case against two surgeons Dr. Roger E. Schneider, chairman of Upper Chesapeake Health System, and his partner, Dr. Mark D. Gonze, and their business, Vascular Surgery Associates. The woman underwent surgery for blocked arteries in 2007, with a terrible outcome. The woman claimed that the doctors used an improper grafting technique, which led to blood loss and damage to the woman’s spinal cord, which left the woman paraplegic, in constant pain and unable to walk. The award consisted of $1.3 million for noneconomic damages (pain, suffering, etc.), $2 million for future medical bills, and more than $200,000 for her past bills.

This verdict is interesting because it occurred in Harford County. That county is well-known by plaintiffs’ lawyers, defense lawyers and insurance companies to be a very conservative venue for trying cases. Whenever I go to a court ordered settlement conference for a medical mapractice case that I am handing in that county, the chief judge always reminds me that we are in Harford County and he claims that there hasn’t been a malpractice verdict in favor of a plaintiff for years. It seems he will have to admit that the tide has turned. The reality is that a good case is a good case regardless of where it is to be tried, as the case above indicates.

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 Posted on June 24, 2010 in Federal Crimes & White Collar Crimes

As a Former Assistant United State’s Attorney and current Maryland Federal Criminal Attorney I have handled hundreds of Federal Drug Cases. Before as a prosecutor and now as a defense attorney I am often amazed at how quickly and often lawyers plead their client’s guiilty in highly defensible cases.

I take the opposite approach and employ a scorched earth policy of fighting every case on every level before even considering a plea to include attacking the validity of search warrants which many attorneys never even consider. Here is a written motion to suppress we filed in a case recently attacking the warrant and moving to suppress the evidence.

Mr. Doe is charged in a two count indictment with knowingly, intentionally, and unlawfully possessing with the intent to distribute a quantity of cocaine and knowingly, intentionally and unlawfully possessing with the intent to distribute 500 grams or more of cocaine in violation of 21 U.S.C. 841 on April 12, 2002. A search and seizure warrant was executed on that date at Mr. Doe’s residence, 1234 Main Street Anytown, Maryland. Additionally, the police also executed warrants on the Red Roof Inn, Room #123 in Jessup, and Bank of America Bank Account # and Safe Deposit Box #.

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 Posted on June 21, 2010 in Medical Malpractice

Attorneys Andrew G. Slutkin, Jamison G. White and the law firm of Silverman Thompson Slutkin & White have filed one of the first medical malpractice lawsuits against Dr. Mari Midei, Midatlantic Cardiovascular and St. Joseph Medical Center as a result of Dr. Midei unnecessary implanting a patient with a cardiac stent during cardiac catheterization. The lawsuit, which is sure to be followed by many others, makes claims for medical negligence; negligent hiring, retention and/or supervision; fraud; concealment; negligent misrepresentation; battery; intentional infliction of emotional distress and loss of consortium. A copy of the lawsuit can be viewed here

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 Posted on June 21, 2010 in Appeals - State & Federal

Today the Maryland Court of Appeals issued an opinion on the proper use of voire dire in Maryland criminal trials.

Facts: Charles & Drake were tried together on charges stemming from the death of Bryant Jones. Both were convicted of second degree murder. Prior to the trial, the State submitted 3 voir dire questions concerning "CSI type" scientific evidence. Over defense counsel’s objection, the trial judge asked a single question which he drafted stating that he assumed the jurors watched TV such as CSI and Law and Order and that those shows relied on scientific evidence to convict- therefore, if "you are currently of the opinion or belief that you cannot convict a defendant without scientific evidence, please rise." The Court of Special Appeals ruled that the question was appropriate. The Court of Appeals reversed.

Ruling: The Court noted that the language of the voir dire question suggested that the jury’s only option was to convict, regardless of the evidence presented. This suggestive question poisoned the jury thereby depriving the defendant of the right to a fair trial.

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 Posted on June 16, 2010 in Medical Malpractice

A Florida jury has ordered a woman’s ex-doctor to pay $36.6 million in a medical malpractice case for failing to properly perform a steroid injection, causing damage to the woman’s spinal cord. The woman now has a disfigured right arm and suffers from constant pain since the pain management doctor left her with a four-inch hole in her spinal cord. The woman had sought treatment from the doctor for a car accident.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have successfully handled many medical malpractice cases involving spinal cord injuries. These injuries can be catastrophic, causing a life-time of pain, medical and other care expenses and lost income. Recently, I obtained a record settlement in the case of a woman who was paralyzed during spinal cord stimulator surgery. Now, I am representing a man who suffered a spinal cord injury during disk surgery, causing him to suffer paralysis. Malpractice causing a person to be paralyzed deserves to be compensated, due to the extreme nature of the injury.

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 Posted on June 14, 2010 in Medical Malpractice

As I mentioned in a recent blog post, administrative charges have been filed by the Maryland Board of Physicians against Dr. Mark Midei, the Towson cardiologist accused of medical malpractice for implanting unnecessary cardiac stents in more than five hundred people. A copy of an article detailing the charges can be found here.

I was unable to easily find online a copy of the Maryland Board of Physicians’ Complaint against Dr. Mark Midei charging document, so I obtained a copy from the Board. You can view the document by clicking here

Read more here:https://www.marylandmedicalmalpracticelawyerblog.com/dr_mark_mideis_license_revoked/

We handle cases like these all of the time in my practice.

Contact Andrew G. Slutkin with further questions or inquiries at 410-385-2786

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