The Court of Special Appeals of Maryland recently reviewed an appeal involving the arbitration of a medical malpractice claim in Castles of Love Assisted Living Homes, LLC v. Blanks (Md. Ct. Spec. App. Mar. 2, 2016). The issue on appeal was whether the defendant satisfied procedural rules when it sent…
The Court of Special Appeals of Maryland recently reviewed a trial court’s decision to grant summary judgment in favor of the defendants in a medical malpractice action. In Hannon v. Mercy Med. Ctr., Inc. (Md. Ct. Spec. App. Jan. 11, 2016), the plaintiffs brought a wrongful death and survival action…
In a recent opinion, the Maryland Court of Special Appeals held that a trial court erred in setting aside a jury verdict in favor of the plaintiffs and entering judgment for the defendants in a medical malpractice action. In Gibau v. Falik, (Md. Ct. Spec. App. Dec. 22, 2015), the…
The Court of Special Appeals of Maryland reviewed a medical malpractice case, Upper Chesapeake Health Center, Inc. v. Gargiulo, et al., in which the survivors and estate of the victim were awarded a total of $908,238.05 in damages by the jury. On appeal, the defendants argued a number of issues,…
The Maryland Court of Special Appeals recently filed an unreported opinion in the case of McQuitty v. Spangler, Md. Ct. Sp. App. (2015), in which they decided the issue of whether the decedent’s survivors could bring a wrongful death action for the same conduct as the underlying personal injury action,…
In a recently published opinion, the Maryland Court of Appeals examined the issue of whether or not the statutory savings clause for medical malpractice actions applies to a voluntary dismissal by stipulation between the parties. The court in Wilcox v. Orellano clarified that the exception to the limitations period does…
A newly issued decision from the Court of Special Appeals of Maryland addresses the admissibility of testimony regarding a doctor’s customary practice in a medical malpractice suit. The court held that the trial court acted within its discretion in admitting habit evidence regarding an emergency room physician’s procedures when examining…
The Maryland Court of Special Appeals recently rendered a decision in a case, Powell v. Wurm, Md. Ct. Sp. App. (2015), that arose under a medical malpractice cause of action. The issue fell within the Maryland Health Care Malpractice Claims Act, which requires a plaintiff to file a contemporaneous statement from a qualified expert with…
In a recent wrongful death claim a Missouri police officer allegedly caused an accident that resulted in four deaths. A settlement was reached for $ 2.25 million to the surviving family members of the deceased parties. The driver, a police officer, was apparently intoxicated at the time of the…
Dartmouth College recently settled a lawsuit with regarding a student who was injured in a skiing accident that occurred while she was taking a skiing class. Apparently, the student skied into a tree during class. She was not wearing a helmet and was just a beginner. The student remained in…