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Maryland Personal Injury Blog

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Maryland Court Examines Duty of School Teachers to Students in Personal Injury Case

In Maryland, school systems have a duty to adequately train teachers, administrators, and personnel.  In a November 9, 2020 Maryland personal injury case, the Court of Special Appeals analyzed the nature and scope of the duty that teachers and administrators have to protect students from the heightened potential of injury.  The plaintiff…

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Parties Dispute Whether Settlement Agreement Was Reached in Personal Injury Case in Maryland

In some Maryland personal injury cases, the parties will resolve their claims before trial by a settlement agreement.  Occasionally, an issue may arise, as in a September 30, 2020 case before the Court of Special Appeals of Maryland.  The case involved a negligence claim against a hotel, and a settlement offer from…

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Maryland Court Reviews Fraud Allegations in Car Accident Case

Motor vehicle accidents involving pedestrians can result in serious personal injuries to the more vulnerable people who are on foot.  If a Maryland pedestrian accident was caused by a careless driver, the person on foot may be able to recover damages for medical expenses and other losses in a negligence action.…

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Maryland Court Reviews Wrongful Death Action Arising Out of Police Shooting

A Maryland wrongful death action based on the negligence of police or law enforcement officers generally has a higher burden of proof than a typical negligence claim.  In a September 24, 2020 wrongful death case arising out of a police shooting, the Maryland Court of Special Appeal considered whether summary judgment was properly…

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Maryland Plaintiffs Bring Wrongful Death Claim Against Police Officer After Fatal High Speed Chase

The surviving family members of a decedent may bring a wrongful death action against the person responsible for the death of their loved one by working with a Maryland personal injury attorney.  When negligence is alleged against a municipality or law enforcement officers, they may be held to a different legal…

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Court Examines Qualifications of Medical Expert in Maryland Negligence Action

One of the elements of a Maryland medical malpractice claim requires the plaintiff to establish that the defendant’s actions fell below the standard of care of a medical professional practicing under the same circumstances.  To prove this element, the plaintiff must present a qualified medical expert to testify that the defendant breached the standard…

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Maryland Court Addresses Non-Party Negligence as a Defense in Medical Malpractice Suit

In most Maryland medical malpractice cases, the negligence of a physician must be established by the testimony of an expert witness.  A rare exception to the general rule requiring expert testimony is made only when such medical negligence is obvious and within the common knowledge of an ordinary person.  In an August 24, 2020…

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Maryland Plaintiff Appeals After Trial Court Precludes Expert from Testifying in Medical Malpractice Case

Expert testimony may be crucial to establish a medical malpractice claim in Maryland.  A party’s failure to identify a medical expert witness before the discovery deadline may result in sanctions.  In a July 7, 2020 Maryland medical malpractice case, the Court of Special Appeals reviewed the decision of a trial…

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Maryland Plaintiff Granted New Trial on Claims for Medical Malpractice and Informed Consent

Informed consent is an important part of medical care.  If a health care provider fails to disclose certain information to the patient before a procedure or examination, they may face a Maryland medical malpractice claim.  In an August 6, 2020 case, the Court of Special Appeals of Maryland considered whether a new…

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Maryland Court Considers Whether Statutory Immunity Applies to Mental Health Care Provider in Wrongful Death Action

When a person’s death was caused by negligence, the surviving family members may bring a Maryland wrongful death action against the responsible party.  In some cases, however, the law grants immunity to certain people and entities.  In a July 24, 2020 decision, the Court of Special Appeals of Maryland considered whether the defendant,…

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