Maryland Accident Law Blog

Court Submits Question of Timeliness to the Jury in Recent Medical Malpractice Lawsuit

December 8, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Montana issued an opinion presenting an interesting issue dealing with the amount of time a victim has to bring a claim against a medical professional. The question posed in the case is relevant to anyone considering bringing a Maryland medical malpractice lawsuit because Maryland courts, like the court that authored the opinion, apply a strict statute of limitations in medical malpractice cases.

The Facts of the Case

The plaintiff suffered from chronic knee pain after twisting her knee at work in 2007. The plaintiff sought medical care from the defendant orthopedic surgeon. The defendant performed a small surgery on the plaintiff, and in so doing noticed that her ACL was partially torn. Initially, the defendant did not believe that the risks of surgery to repair the ACL were worth the potential gains, but in 2008, the defendant performed ACL surgery on the plaintiff.

There is conflicting evidence as far as the plaintiff’s condition after the second surgery. The defendant’s notes indicate that the surgery went well and that the plaintiff was recovering as expected. However, the plaintiff testified that she was in constant pain and that she was not sure why. Eventually, the defendant performed a third knee surgery on the plaintiff.

Court Discusses School’s Liability in Recent Gym Class Injury Case

December 1, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Nevada issued an opinion in a personal injury case involving a student who was injured while playing floor hockey in gym class. The case presents important issues involving governmental immunity that may come into play in similar Maryland personal injury cases.

The Facts of the Case

The plaintiff was a student at the defendant middle school. A few years prior to the plaintiff’s injury, the school board approved the addition of floor hockey to the gym curriculum. As was the case with all sports played in gym class, participation was required.

During a game of floor hockey, the plaintiff was accidentally struck in the eye by another student’s stick. This resulted in the plaintiff needing subsequent eye surgery, as well as several follow-up visits. The plaintiff filed a personal injury case against the school.

Procedural Requirements in Maryland Medical Malpractice Cases

November 22, 2017 | Lebowitz & Mzhen

Most personal injury cases involve concepts that the average juror can grasp. For example, when two vehicles are involved in a Maryland car accident, a jury is normally capable of listening to the testimony from each party, weighing the evidence, and coming to a conclusion on their own.

Medical malpractice cases, however, often present complex scientific concepts that are beyond the common understanding of most jurors. Because of this, Maryland medical malpractice cases require expert testimony to establish that the defendant doctor’s conduct fell below the generally accepted standard of care. In Maryland, this requirement is embodied in the form of a mandatory pre-suit expert affidavit.

Not all cases that arise in the medical context, however, are considered medical malpractice cases that are subject to the additional requirements. A recent appellate opinion involved a plaintiff’s slip-and-fall claim against a doctor. In that case, the court determined that the plaintiff’s case was not a medical malpractice case.

Plaintiff Injured in Horseback Riding Accident Precluded from Recovering Damages Under State Statute

November 15, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Montana issued an opinion in a personal injury case involving allegations that a horseback riding outfitter negligently provided a horse and saddle to the plaintiff, who was later injured while riding. The case is illustrative of how Maryland accident victims may have an easier time recovering damages for their injuries in these types of cases because Maryland has no statute limiting liability in horseback riding injury cases.

The Facts of the Case

The plaintiff arranged to go horseback riding through the defendant outfitter. The plaintiff called in advance and asked the outfitter to select a horse that was a good fit for him. The plaintiff told the outfitter that he was a little over six feet tall, was about 220 pounds, and had very little riding experience.

The outfitter chose a horse for the plaintiff and provided him with on-the-ground training before putting him on the horse. The outfitter also inspected the saddle but informed the plaintiff that the saddle could begin to slip, which is a normal occurrence. If the saddle started to slip, the plaintiff was supposed to notify the outfitter, who would be accompanying the plaintiff on the ride.

Court Dismisses Slip-and-Fall Case Based on Plaintiff’s Inability to Show that the Landowner Had Notice of Black Ice

November 8, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Georgia issued an opinion in a slip-and-fall case illustrating several important principles relevant to Maryland personal injury cases. The case presented the court with an opportunity to discuss what a plaintiff must establish in order to survive a summary judgment challenge by the defense. Here, the court held that since the plaintiff did not present any evidence that the defendant knew or should have known about the black ice that caused the plaintiff’s fall, summary judgment in favor of the defense was appropriate.

The Facts of the Case

The plaintiff was injured as he got out of his car on the top level of a parking garage at the defendant hospital. The testimony at trial established that it had snowed several days that week and that there was visible ice and snow underneath some of the cars. However, the ice that caused the plaintiff’s fall was not visible. After his fall, hospital employees came to the plaintiff’s aid. One of the employees testified that she too had difficulty keeping her footing while on the icy pavement.

The hospital presented evidence that a security guard patrolled the area approximately every two hours. When the security officer noticed a snow or ice hazard, he was to call the hospital’s engineering department and remain on scene until an engineer arrived to clear the hazard. Evidence was presented that the area was patrolled that day about an hour and half before the plaintiff’s fall. Additionally, as per hospital policy, salt had been spread across the upper level of the parking garage to melt any ice that might have been present.

Court Finds Employer Not Liable in Case Arising from Car Accident Caused by Employee

November 1, 2017 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued a written opinion in a car accident case discussing the doctrine of respondeat superior and the attendant “going and coming” doctrine. The case is illustrative of several key principles that often arise in the course of Maryland car accident cases, including the general determination of when an employer can be held liable for the negligent acts of an employee.

The Facts of the Case

An employee of the defendant corporation was driving to work early in the morning when he caused a collision, killing the passenger in the other vehicle. The family of the deceased passenger filed a personal injury lawsuit against both the employee as well as his employer. This case deals with the issue of whether the employer can be held liable for the employee’s allegedly negligent actions.

The employee was not scheduled for work that morning. After the accident, the employee told the responding police officer that he was on his way to work to collect resumes for some upcoming interviews that he had. However, while the employee had conducted several interviews earlier in the week, it was not verified that the employee had scheduled any upcoming interviews. Throughout the proceeding, the employee’s story changed slightly several times.

Settlement Agreements in Maryland Personal Injury Lawsuits

October 23, 2017 | Lebowitz & Mzhen

Most Maryland personal injury lawsuits are resolved through pre-trial settlement negotiations, rather than through a trial. The reasons why parties enter into settlement agreements vary, but most often they include a desire for certainty in the case’s outcome. Indeed, many Maryland personal injury plaintiffs may wish to accept a negotiated settlement amount rather than risk taking the case to trial and receiving nothing. Defendants in personal injury cases may also be interested in agreeing to settle for a known amount, rather than risking a much larger jury verdict should the plaintiff succeed in proving their case at trial.

Settlement agreements are essentially contracts whereby the plaintiff agrees to withdraw the case against the defendant, and the defendant agrees to compensate the plaintiff for doing so. Since settlement agreements free up valuable judicial resources, courts generally favor settlement agreements and permit parties to openly negotiate the terms of an agreement. For example, a plaintiff may choose to settle with one of the named defendants but proceed toward trial against another defendant.

When it comes to excusing parties from a Maryland personal injury lawsuit, plaintiffs should take care to ensure that the party that is being excused is not necessary for some other reason. A recent opinion issued by a Mississippi appellate court illustrates the difficulties one plaintiff had establishing her case against a utility commission after settling a case against two other named defendants.

Expert Testimony in Maryland Medical Malpractice Lawsuits

October 16, 2017 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued a written opinion in a personal injury case that illustrates the importance of proper expert witness selection in Maryland medical malpractice cases. The case illustrates the importance of selecting an expert whose methodologies are reliable and generally accepted in the medical community.

Expert witnesses are crucial in medical malpractice lawsuits. Indeed, within 90 days of filing a case, medical malpractice plaintiffs are required to consult with an expert and obtain a certificate of merit stating that, in the expert’s opinion, the defendant’s conduct fell below the generally accepted standard of care.

Once a certificate of merit is obtained, an expert’s services are still almost always required at trial to establish that the care provided by the defendant was inadequate. This is because most jurors do not have the necessary knowledge of the field of medicine or the medical profession to make an educated decision on such scientific and specialized issues. However, like all evidence, an expert’s testimony must meet certain criteria in order to be considered.

Plaintiff Injured by Fallen Tree Permitted to Proceed with Claim Against Apartment Complex

October 9, 2017 | Lebowitz & Mzhen

When someone is injured on the property of a person, business, or government entity, the injured party may be able to seek compensation for their injuries through a Maryland premises liability lawsuit. In order to be successful in a premises liability lawsuit, a plaintiff must be able to establish certain elements. Specifically, an accident victim must be able to show that the property owner knew or should have known about the hazard that caused the plaintiff’s injury.

A recent appellate court case filed by a plaintiff who was injured by a fallen tree branch illustrates which elements a plaintiff must prove in order to be successful in a premises liability claim.

The Facts of the Case

The plaintiff rented an apartment in a complex that was owned by the defendants. During a storm, a tree was seriously damaged, and a portion of the tree ended up being suspended between the tree’s trunk and the gutter of the apartment complex.

Recently Filed Lawsuit Claims Former NFL Star Aaron Hernandez May Have Had Degenerative Brain Disease

October 2, 2017 | Lebowitz & Mzhen

Over the past two years, the National Football League has been dealing with a series of lawsuits that have been filed by former players and their families, claiming that the league failed to properly warn players against the risks involved with participating in the league. These claims stem from the recent diagnoses of chronic traumatic encephalopathy, or CTE as it is more commonly known.

CTE is a degenerative brain disease that can cause severe cognitive disorders, including depression, violent mood swings, and suicidal ideation. Due to the nature of the disease and the recency of its discovery, CTE is only diagnosable through a post-mortem autopsy. CTE is believed to be caused by repeated high-impact blows to the head and has been found in many former professional athletes, most notably NFL players. This has left many former NFL players wondering if the symptoms that they are experiencing are due to their participation in the sport.

According to a recent news report, the attorney of former New England Patriots star Aaron Hernandez announced that researchers believe that Hernandez had a case of CTE prior to his suicide death in April of this year. At the time of his death, Hernandez was serving a life sentence for the murder of a semi-professional football player who was dating Hernandez’s fiancé’s sister.