The Maryland Health Care Malpractice Claims Act (Health Care Act) provides statutory procedures that apply to certain legal claims involving health care and medical treatment. Recently, the Court of Special Appeals of Maryland decided whether a lower court correctly ruled that the plaintiff failed to follow rules set out in…
Settlement negotiations can be an important part of resolving a personal injury claim against a negligent driver or insurance company. The Court of Special Appeals of Maryland recently addressed some of the issues surrounding settlement agreements in Ward v. Lassiter (Md. Ct. Spec. App. Jan. 13, 2017). In Ward, the…
To establish a successful negligence claim, the plaintiff must present evidence in support of her case. The plaintiff may even have to argue her claim before trial, in an opposition to a motion for summary judgment, as in Davis v. Realty (Md. Ct. Spec. App. May 25, 2016). In Davis,…
There are important rules regarding the location of the court where a case is heard, known as venue. The Court of Special Appeals of Maryland recently discussed this issue in the context of a wrongful death action in Smith v. Salim (Md. Ct. Spec. App. Dec. 27, 2016). In Smith, the…
In a recent personal injury case, the Court of Special Appeals of Maryland explained aspects of liability and duty concerning the participation of a private entity in the design and construction of government roadways. The plaintiff filed a wrongful death action against a cement company, the county, and the state…
In some cases, negligence on the part of both drivers may contribute to a collision that causes injuries. In Dailey v. Mackey (Md. Ct. App. May 3, 2016), the Court of Special Appeals of Maryland reviewed a negligence claim arising out of an automobile accident. After a jury found both…
In some personal injury cases, a plaintiff may still prevail against a careless driver even if the plaintiff was also partially at fault for the accident. The Court of Special Appeals of Maryland addressed this issue when reviewing a negligence claim on appeal in Stevenson v. Kelley (Md. Ct. Spec.…
There are several legal requirements necessary to bring a medical malpractice action in Maryland, one of which is expert testimony. The Court of Special Appeals of Maryland considered the issue of expert testimony in a recent case, Harper v. Calvert Ob/Gyn Assocs. of S. Maryland, LLC (Md. Ct. Spec. App.…
In some cases, a plaintiff may allege that his or her injuries were caused by the negligence of multiple defendants. A recent appeal in a wrongful death action, for example, involved claims against the Baltimore Police Department, a nightclub, and an adjoining parking lot’s owner. In Torbit v. Baltimore City Police Dep’t…
In order to hold a defendant liable in a medical malpractice claim, the plaintiff must establish that the defendant owed them a duty of care. In the absence of a doctor-patient relationship, there are rare circumstances under which the law may impose a duty of care to a third party who…