Articles Posted in Medical Negligence

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Maryland Court Denies Expert Medical Testimony in Negligence Claim

The Court of Special Appeals of Maryland recently issued an opinion in a medical malpractice action involving issues of expert testimony. In Abbasov v. Dahiya (Md. Ct. Spec. App. Apr. 29, 2016), the plaintiff brought claims for medical negligence, lack of informed consent, fraud, and loss of consortium against the…

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Maryland Court Allows Evidence of Superseding Causation in Medical Malpractice Case

The Court of Special Appeals of Maryland recently reviewed a medical malpractice case involving issues of admissible evidence to prove superseding negligence. In Copsey v. Park (Md. Ct. Spec. App. Apr. 21, 2016), the surviving family of the decedent brought an action against the treating physician, alleging that the defendant negligently…

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Maryland Arbitration Award Affirmed Due to Defendant’s Failure to Follow Procedural Requirements for Appeal

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…

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Maryland Court of Special Appeals Holds Lower Court Erred in Setting Aside $926,000 Jury Award in Medical Malpractice Case

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…

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Maryland Court of Special Appeals Upholds Majority of Million-Dollar Jury Verdict in Medical Malpractice Case

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,…

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Maryland Court of Appeals Rules Medical Malpractice Suit Barred by Statute of Limitations

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…

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MRI scans can be dangerous

There is increasing evidence that MRI scans could pose safety issues for consumers who use nicotine or other drug delivering patches according to the Food and Drug Administration. Apparently, small metal fragments are in several of the patches and can become heated during the scans which creates significant risks of…

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Auto accident fatalities on this rise?

Automobile accident fatalities continue to be reported in high numbers across the country. According to the National Highway Traffic Safety Administration, there are about 43,000 people killed in fatal car accidents each year in the United States. About 40% of these fatal crashes are alcohol related. According to the National…

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