April 2009 Archives

Average Maryland Medical Malpractice Verdicts and Settlement

By Ronald V. Miller, Jr on April 16, 2009 10:17 AM | No Comments | No TrackBacks
The Maryland Medical Malpractice Lawyer Blog has a post on the average Maryland medical malpractice settlement or verdict.  

Average malpractice verdict data is interesting - very interesting - but has little to do with individual medical malpractice cases in Maryland.

Maryland Malpractice Lawsuit: What Are My Chances of Winning?

By Ronald V. Miller, Jr on April 16, 2009 10:06 AM | No Comments | No TrackBacks
There is not a lot of recent data out there regarding the chances that a malpractice lawyer will acheive a recovery for the injured victim at trial.  I was able to find one recently.  According an old Jury Verdict Research analysis in 2003, 34% of medical malpractice verdicts end with a Plaintiff's verdict.   The JRR study looked at medical malpractice cases in which the plaintiff brought malpractice lawsuit against a hospital, doctor or both.  This study included cases involving cancer misdiagnosis, childbirth, delayed treatment, diagnosis, lack of informed consent, negligent surgery and negligent supervision. 

You have to remember that this study includes victims who tried to represent themselves or were not represented by a quality Maryland malpractice lawyer. This can make all the difference in the world. I suspect if you look at cases with good medical malpractice lawyers, you would find a number that approaches 50%.  Even more importantly for malpractice victims who file a malpractice lawsuit, it is worth remembering that that the best malpractice lawsuits typically - although not always - settle. 

This JRR study also looked at the most frequently claimed injuries in successful medical malpractice cases. Wrongful death malpractice cases accounted for 23% of the total number of plaintiff's' medical malpractice verdicts, with brain damage coming in second at 9%. Genital injuries accounted for 7% and leg injuries accounted for 5% hospital malpractice lawsuits. 

Malpractice Caps in Colorado

By Ronald V. Miller, Jr on April 16, 2009 9:21 AM | No Comments | No TrackBacks
There is an editorial in the Denver Legal News Examiner titled "Why Medical Malpractice Caps Should be Raised in Colorado."  One brutal thing malpractice lawyers in Colorado face that we thankfully don't have in Maryland: caps on economic damages.  Apparently, a judge has the discretion to award more in Colorado but I don't exactly understand how that works.

Dispute in Obstetrician/Gynecologist Practice in Maryland

By Ronald V. Miller, Jr on April 15, 2009 11:47 AM | No Comments | No TrackBacks
The Cumberland Times-News in Maryland reports on a breach of contract lawsuit filed against a  obstetrician and gynecologist at Tri-State Community Health Center's women's center in Memorial Hospital who was fired n November. The doctor claims he was hired to fill a need and agreed to work for "the busiest OB practice in town."  The doctor had complained that theobstetrician and gynecologist who ran the practice saw all of the patients leaving few for the plaintiff, according to the lawsuit.  

One point of contention in the lawsuit: did the doctor lie to his new employer about whether he has even been the subject of a Maryland medical malpractice lawsuit?  The letter that fired the doctor claimed that while the doctor indicated that he had never been the subject of a medical malpractice claim "when, in fact, a legal action was commenced against [the doctor] on June 6, 2008."  Apparently, the malpractice lawsuit was dropped and never even served on the doctor.   

The blog post is hard to write because I would prefer just to name the doctors by name which makes for an easier read.  But my preference is not to name people by name just because they filed a lawsuit.  I would like my clients - and the doctors they for malpractice - to be afforded the same courtesy. 

Defense Verdict in Colonoscopy Case Against Towson Surgeon

By Ronald V. Miller, Jr on April 10, 2009 2:32 PM | No Comments | No TrackBacks
A Baltimore County found no negligence in a surgical malpractice lawsuit brought by a 72 year old man who had a perforated bowel during a colonoscopy.  Perforations were found where the three polyps had been removed.

The surgeon told the Baltimore County jury this was his first perforation in 12,000 procedures and he did everything he could to reduce the risk of perforation.  His malpractice lawyer argued that the Plaintiff's bowel preparation had been negligent. 

I obviously can't speak to the merits of this case.  But it is extremely difficult to get a recovery in a case where the alleged victim died of unrelated causes before the trial.  Because claiming damages for someone else's medical bills and pain and suffering when the died for a reason completely unrelated to the negligence does not engender sympathy. 

Maryland Malpractice Lawyer Dispute With Attorney That Referred Case

By Ronald V. Miller, Jr on April 10, 2009 1:56 PM | No Comments | No TrackBacks
The Maryland Injury Lawyer Blog has a post about an interesting dispute that arose out of a fee sharing arrangement in a medical malpractice case that settled in Baltimore County.  
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