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Maryland nursing home lawyers have been battling arbitration clauses for years. These clauses deny nursing home residents the right to take nursing homes to court for harm that they cause to the residents such as physical abuse and neglect and sexual assault.

Almost everyone realizes nursing homes force these agreements on residents as a precondition of admission. They are just not fair.

In 2016, the Maryland Court of Special Appeals decided Peeler v. FutureCare, which was a Miller & Zois case. In this case, FutureCare tried to use the arbitration clause to prevent a wrongful death claim. Our firm won at the trial level and won before the appellate court, making new clear law that a nursing home agreement cannot compel wrongful death beneficiaries to arbitrate. This new case pushes Maryland law further from enforcement of these Draconian agreements.

Defense lawyers in love blaming empty chairs.  A jury trial is about assigning blame and the easy out for the defense is to get the jury to blame another doctor who is not named at trial.  (This is also why plaintiffs’ lawyers get maligned over naming too many defendants — sometimes there is no choice.)

Usually, the doctor’s lawyer will not provide expert testimony to blame the doctor.  Normally,  the allegation is made indirectly with the hope that the jury blames a non-defendant doctor on their own.

This is a good strategy.  Jurors like reaching their own conclusions without getting beat over the head and most malpractice defense lawyers do not try to directly blame the empty chair for fear of running afoul of Maryland law.

You are hurt. You are having a baby.  You need surgery.  You want to pick the best possible hospital in Maryland to treat you, right?   To make the right choice, you need some idea of the quality of the hospital that is treating you.

The Leapfrog Group, a non-profit watchdog organization, conducts biannual analysis and provides safety grades of health care systems found in each state across the country.

Leapfrog has done so since 2012. But the Leapfrog rankings excluded Maryland until 2017.

proving fault car accident
Our firm has handled thousands of Maryland car accident cases over the years. As discussed below, the law of negligence in Maryland is somewhat unique compared to most other states and it makes clear proof of fault for an accident more important.  This page will look at some of the unique features of Maryland auto tort law and how to properly manage them in order to recover money in an accident.

Maryland’s “Contributory Negligence” Rule

In Maryland, establishing clear, definitive fault after an auto accident is more important than in other jurisdictions. This is because Maryland is one of only a few remaining states in the country, which has an extremely onerous law called “contributory negligence.”

Medicare is entitled to reimbursement for any payments that are related to an injury that is otherwise covered by insurance, including self-insurance, because it operates as a “secondary payer.”

How Do Medicare Liens Work?

At the root of it all is the Medicare Secondary Payer (“MSP”) statute, section 1862(b) of the Social Security Act, 42 U.S.C. § 1395y(b).  The purpose of this law was to make sure that sure Medicare was not paying for medical bills that should be paid by someone else.  So the statute gives Medicare the right to claim proceeds from the defendant who is paying the plaintiff’s medical bills as a part of the damages in a settlement or verdict. The interest is where a defendant/insurer is liable for a recipient’s medical expenses.

Pharmacies serve a critically important function in our health care system as prescription medication use is more widespread than ever.

Around 5 billion prescriptions get filled every year in the U.S.  The average pharmacist fills hundreds or even thousands of prescriptions every day and this responsibility involves more than just counting out pills.

There are more prescriptions than ever.  There are also more medication error mistakes and lawsuits in Baltimore than there have ever been.  This post gives you the inside story of what you can expect in pharmacy error lawsuits in Baltimore.

Any discussion of how much money a medical malpractice case in Maryland is worth begins with our cap on non-economic damages in malpractice.  The pain and suffering cap for 2019 in Maryland medical negligence cases is $830,000.  This same $815,000 cap applies to wrongful death cases where there is only one surviving family member.

If there are two or more surviving family members, then the non-economic damage cap rises to $1,037,500.  The cap applies to the year the negligence or death occurred, so it will be less for incidents before 2020.   (Click on the first link above to see the malpractice cap in Maryland for each year.)

What Maryland’s Damage Cap Means and Does Not Mean

Defendants Just For Men® hair care products and dyes are sold at hundreds of local and national retailers, including Wal-Mart, Target, Walgreens, and CVS. Just for Men pitchmen like Keith Hernandez argue “Go from Grey to Great” but some are finding an unpleasant catch to the inexpensive hair and beard dye. Specifically, customers are complaining of painful reactions after using the product to clean up their patches of grey.

Just for Men’s manufacturer, Combe Incorporated, hasn’t issued a recall of their hair dye products and most negative reactions to the products are usually temporary. But for many middle-aged men hoping to hold onto that youthful look a little longer, Just for Men’s potential for skin irritation and other issues may do more to harm than help.

Consumer Complaints Old and New

The saying is “accidents happen.” They do. But sometimes people are seriously hurt because of a fall that is someone else’s responsibility.  When this happens, the result is often a personal injury claim.

Despite safety innovations and a growing awareness of liability among property owners, “slip and fall” injuries are unlikely to disappear anytime soon. There are many misconceptions about these kinds of injuries and their value in Maryland courts.  While they can result in lucrative verdicts or settlements, it’s important to know the facts.

Say you’re walking through a parking lot and an uneven sewer grate sends you flying face first onto the asphalt. Or you’re shopping for groceries and a puddle of water from a leaking freezer makes you lose balance and shatter your hip.  What do you do?  Do you have any options to bring a claim against the wrongdoer who caused you to fall?   The post is intended to better help you understand the answers to these questions.

While Botox is primarily associated with anti-aging cosmetics, you might be surprised to find out that it can be used to treat cerebral palsy (CP).

Botox is not a miracle drug for CP.  But if the patient has spasticity, Botox can help.

Let’s talk about cerebral palsy and why Botox is bringing about good outcomes for some patients. Before you can understand the use of Botox as a treatment for CP, you first need to understand a little about CP itself and how it affects individuals.