The Maryland Court of Appeals just issued its decision in the Coleman v. Soccer Association of Columbia case regarding whether to abandon the doctrine of contributory negligence (if a plaintiff is the least bit negligent, the plaintiff loses) in favor of the doctrine of comparative negligence (if a plaintiff is…
Despite the continued national focus on patient safety, medical malpractice (medical errors) and other adverse events occur too frequently in Maryland hospital admissions. Hospitals in Maryland are required to report serious adverse events that occur to the Maryland Office of Health Care Quality (MOHCQ). MOHCQ then issues a yearly report…
Unfortunately, some of the most common medical malpractice lawsuits involve a doctor of hospital’s failure to diagnose a patient properly. When a patient seeks medical help, he or she trusts that their doctor or hospital will perform the necessary steps to diagnose what is causing their symptoms ultimately provide the…
Surgery sometimes is necessary for patients who have an injury or medical condition that less invasive treatments cannot help. However, surgery is not always the appropriate measure in every situation, and if a doctor performs unnecessary surgery, patients may suffer a number of medical problems as a result. A recent…
The Food and Drug Administration (FDA) regulates prescription drugs and medical devices to ensure that these products are safe and effective for their intended use. Frequently, medical professionals see clinical uses for medical devises that lie outside of the FDA-approved labeling. This is a practice known as “off label use.”…
The U.S. Food and Drug Administration regulates medical devices and prescription drugs to make sure that they are safe and effective for their intended use. Frequently, doctors see clinical uses for medical devices and drugs that lie outside of the FDA-approved labeling. This is a practice known as “off-label use.”…
There are many hidden and unknown dangers in the very places we expect to heal; for example, hospital beds. Many of these hospital beds have rails, typically made of metal, that run along the side of the sleeping space. These bed rails operate to prevent someone from rolling off accidentally.…
Unfortunately, it is not uncommon for doctors and hospitals to misdiagnose a stroke in a younger person. Many people think that strokes only happen to older people. In reality, doctors around the world treat otherwise healthy people in their 30s, 40s and 50s who have had strokes, sometimes totally out-of-the-blue.…
It is not uncommon for a business to require a parent to sign a waiver before their child may participate in any of the business’s activities. By signing such a release, a parent agrees that the business is not responsible for any injuries that the child sustains as a result…
The New York Times recently ran a fascinating op ed by Joanna Schwartz, a professor at UCLA. The subject was a study that Professor Schwartz did on the value of medical malpractice litigation in reducing medical errors. Professor Schwartz’s conclusion was that medical malpractice claims and lawsuits actually don’t result…
Severe and permanent nerve injuries due to medical malpractice unfortunately can occur. These cases can be challenging to win because there often is not clear evidence of exactly how the nerve injury occurred. Recently, I successfully concluded a case of a nerve injury that allegedly was caused by malpractice. That…
Most medical malpractice, wrongful death and personal injury lawyers in Maryland are hired by clients through a contingency fee agreement. In such an arrangement, the law firm generally is paid a legal fee based upon a percentage of the total amount recovered in the case plus expenses. If there is…
This past week, Marylanders were stunned and sickened by news that Johns Hopkins’ gynecologist, Dr. Nikita Levy, allegedly used still cameras and video recording devices to capture surreptitiously his gynecological examinations of potentially hundreds of his patients, and that he allegedly collected massive amounts of those images and videos on…
As news continues to unfold about the now-dead Dr. Levy’s alleged use of still cameras and video recording devices to capture surreptitiously his gynecological examinations of potentially hundreds of his patients, the entire Baltimore and Maryland community is reacting to and struggling to understand how an invasion of privacy of…
A number of news organizations are reporting today that lawyers in Baltimore are racing to the courthouse to file lawsuits against Dr. Nikita Levy and Johns Hopkins Hospital. When I heard that, I sadly chuckled. The only thing that these lawyers know now is what the media is reporting. There…