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Federal Appellate Court Applies Insured’s Advanced Consent In Affirming Medical Malpractice Insurer’s Liability For Default Judgment

June 23, 2019

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”), in its unpublished opinion filed on May 7, 2019, had to decide the issue of whether a medical malpractice insurer owes coverage for a default judgment obtained against an insured physician who fled the[...]

Maryland Medical Malpractice Jury Awards $2M For Unnecessary Spinal Surgery, Lack Of Informed Consent

May 27, 2019

On May 9, 2019, a Maryland medical malpractice jury awarded a 64-year-old nurse and her husband $2,045,213.51 in economic and noneconomic damages against her orthopedic surgeon whom the jury found to have breached the standard of care and also failed to obtain the proper informed consent before perf[...]

Maryland Medical Malpractice Plaintiff Who Refused To Continue With Trial After Mistrial Motion Was Denied Held To Have Waived Appellate Review

January 10, 2019

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, ruled in its unreported opinion filed on December 31, 2018 in a Maryland medical malpractice case in which the trial judge denied the plaintiff’s motion for a mistr[...]

Maryland Appellate Court Overturns Medical Malpractice Verdict For Plaintiff Based On Respondeat Superior

May 2, 2018

In its opinion filed on April 27, 2018, the Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, held that for a defendant health care provider to be liable for medical negligence based on respondeat superior, i.e., for being t[...]

Maryland Senate Bill Would Increase Cap On Noneconomic Damages In Medical Malpractice Wrongful Death Cases

January 25, 2018

Maryland Senate Bill 36 proposes to increase the cap on noneconomic damages in Maryland medical malpractice wrongful death claims where there are two or more claimants or beneficiaries, for causes of action that arise after October 1, 2018, to up to 450% of the applicable cap from the current 125% c[...]

Maryland Appellate Court Affirms Pain Management Physician’s Discipline For Selling CDS Prescriptions in Parking Lots, Restaurants

December 28, 2017

The Court of Special Appeals of Maryland (“Maryland Appellate Court”) held in its unreported opinion filed on December 13, 2017 that “there was substantial evidence to support the Board’s determination that [the pain management physician’s] prescribing practices, including [...]

$465K Baltimore Medical Malpractice Verdict For Misdiagnosis Of Kidney Cancer

October 23, 2017

On October 17, 2017, a Baltimore medical malpractice jury awarded a total of $465,000 to the estate of an 87-year-old man and his wife of 65 years for the failure to diagnose his kidney cancer for two years. After the man’s kidney cancer was finally diagnosed in 2015, he lived for only six wee[...]

New Maryland Law Requires Board Of Physicians To Create Physician Profiles Accessible To The Public

October 19, 2017

Effective October 1, 2017, the Maryland State Board of Physicians (“MBP”) is required to create and maintain a public practitioner profile for each licensed physician and provide appropriate and accessible links to the profiles from the Board’s website. In addition to specified discipl[...]

$1M Maryland Medical Malpractice Verdict For Lung Cancer Diagnosis After Doctor Fails To Follow Up After Hysterectomy

September 26, 2017

A Maryland medical malpractice jury took only ninety minutes to deliberate on September 21, 2017 before finding in favor of a 47-year-old woman in the amount of $1 million in a Maryland medical malpractice case in which the plaintiff alleged that the defendant physician who performed her hysterectom[...]

Maryland Appellate Court Vacates $329K Baltimore Medical Malpractice Verdict

September 4, 2017

In its reported opinion filed on September 1, 2017, the Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, vacated a Baltimore medical malpractice verdict in the amount of $329,000 in favor of the plaintiff, holding that the [...]

$2.46M Maryland Medical Malpractice Verdict For Wrongful Death

August 11, 2017

On August 8, 2017, a Maryland medical malpractice jury in Prince George’s County, Maryland returned its verdict in favor of the plaintiffs in the amount of $2,459,304 for the wrongful death of their loved one that the plaintiffs alleged was due to medical negligence that occurred during an inp[...]

Maryland Proposed Legislation Would Allow Hospitals To Establish Patient Safety Early Intervention Programs

February 28, 2017

Proposed legislative bills cross-filed in both the Maryland House of Delegates and the Maryland Senate during the current 2017 Session of the Maryland General Assembly, if passed and signed into law by Maryland’s Republican Governor, would allow Maryland hospitals to establish “patient [...]

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