Articles Posted in Law in Maryland

In order to encourage finality of potential claims – and to discourage the filing of claims after evidence has been lost and memories have faded – all states have enacted a “statute of limitations.” A statute of limitations is a law that sets forth the amount of time that a potential plaintiff has in which to file his or her case after the incident giving rise to the case occurs. If the case is not filed by the deadline, the plaintiff will forever be prohibited from bringing that claim. Accordingly, the importance of understanding the statute of limitations and keeping track of the deadline cannot be overstated.

Expert witnesses are necessary in virtually every medical malpractice case filed in Maryland and the District of Columbia. Knowing which types of experts to use and not to use can make or break a case. Therefore, it is important to choose a lawyer who has extensive experience choosing, retaining and using experts.

In many personal injury lawsuits, the attorney representing the victim must prove that the victim experienced conscious pain and suffering. Under Maryland law, the victim’s lawyer must prove: (1) that the defendant’s negligence was a cause of the incident; (2) that the victim lived after the incident; and (3) between the time of the incident and the time of death, the victim suffered conscious pain.

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.” The off-label use of a medical device is, in most cases, completely legal. The FDA understands that doctors have the right to make their own treatment decisions, including decisions about off-label uses, based on clinical experience and knowledge. However, the off-label use of medical devices can be a source of increased liability when such use falls short of patients’ expectations.