Our medical malpractice lawyers in Maryland regularly sue doctors and hospitals of malpractice
A victim has the burden of proof when bringing a medical malpractice lawsuit in Maryland. There are three elements that must be proved:
Under Maryland law, a legally binding contract must be supported by consideration provided by both parties. Consideration is something of value that is bargained for and received by a promisor from a promise. In practical terms, this means both parties have to be giving up something for there to be a valid contract. Let’s do a quick example to make sure we are reading off the same page. You say you like my shirt. I say I’ll give it to you if you like it that much. Let me just wash it for you. I change my mind. We do not have a valid contract because you did not give or promise to give me anything of value. Let’s change it. You say you like my shirt. I say I’ll give it to you if you promise to drive me to the store to get myself a new one. That offer to drive me to the store is valid consideration because you now have a bargained-for exchange, albeit maybe an unfair one.
Under Maryland Commercial Law Article, Section 3-303(b), consideration is defined as any consideration sufficient to support a simple contract. Like many states, Maryland courts will not get bogged down in how valuable the consideration was or whether the deal is fair. So unless there if foul play, Maryland courts will not inquire into the adequacy of value exacted for a promise so long as it has some value. Blumenthal v. Heron, 261 Md. 234, 274 A.2d 636 (1971). Even $1 in consideration may be sufficient to form a contract under Maryland law.
Maryland’s state legislature is called the Maryland General Assembly. The General Assembly has an upper and lower house (just like the U.S. Congress and Senate) and members are elected to 4-year terms. The General Assembly meets annually for 3-month sessions at the begging of each calendar year (January to April). Any new laws that get passed in this session at the start of the year go into effect on the 1st of October. So, each year at the start of October Marylanders have to adjust to new laws and 2020 is no exception. Below, I summarize some more significant new Maryland laws that took effect on October 1st.
Maryland law already prohibits racial discrimination in employment, housing, and other public services. Now a new amendment to this law will extend that prohibition against discrimination based on certain hairstyles that are commonly associated with African Americans. Hairstyles, specifically hair texture and afro hairstyles, are now included in the state’s definition of “race” for purposes of discrimination. This is one of the very first state laws of this type in the entire country. The law applies to all Maryland employers with 15 or more employees.
In Mayor of Baltimore City v. Prime Realty Assocs., L.L.C., the Court of Appeals of Maryland addressed the constitutional issue of notice and the opportunity to be heard.
Let me give you a quick summary and then we will dive deeper into it. The court addressed notice as it pertains to whether or not the method of substituted service upon the State Department of Assessments and Taxation (SDAT) prescribed by Maryland Rule 3-124(o) satisfies a litigant’s due process rights. The court held that Prime Realty’s failure to update its resident agent’s address with the SDAT didn’t invalidate the City’s attempts of service or the City’s use of substituted service upon the SDAT, as prescribed in Rule 3-124(o).
Accordingly, the court found that Maryland Rule 3- 124(o) provides due process of law, and the circuit court erred in invalidating the order ratifying the sale of Prime Realty’s vacant building.
Elmiron is a very popular prescription drug used by millions for the treatment of chronic bladder problems.
These lawsuits will likely settle in massive numbers in 2023. We believe the average settlement values of these lawsuits will be between $300,000 and $400,000 with some of the cases reaching high six figures and low seven figures.
We have the latest news on the Elmiron MDL lawsuit in this post and talk about the Elmiron settlement we expect to see in 2023.
Blood v. Stoneridge at Fountain Green Homeowners is an interesting case not only because the opinion begins with an Elton John verse from “Don’t Let the Sun Come Down on Me.”
In Blood, two Harford County (Bel Air) homeowners installed solar panels on their roofs. Big solar fans apparently, they installed fifteen solar panels on the front roof and thirty-three solar panels on the rear roof.
I frequently get an email that is some version of this one on the diminished value of cars after a crash:
Hello Professor Miller,
It’s [name withheld], and I took Sports Law from you (really learned a lot by the way). Anyway, the reason, for my [voicemail], and why I’m writing is because I have a friend who has a problem. He purchased what I believed was an SUV, brand new in 2006. A few months ago it was stolen and vandalized. The police were eventually able to recover it, but it was totaled. According to my friend the blue book values the car at a certain amount, but the insurance company is not willing to pay him anything near the blue book value of the car. The more time passes the more the value decreases. My friend would like to recover the fair value of his vehicle and would like to know what his recovery rights are. I am sure you are incredibly busy, but my friend also wanted me to refer him to someone I trusted and was an expert in insurance law.
Many of us fear – some irrationally – the rising of our car insurance rates? Most people assume that making a PIP claim will lead to an increase in your insurance premiums. In Maryland, they no longer can.
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Sometimes, I think we should be harder on lawyers who have bad intent. But this is a little over the top for me.
In Attorney Grievance Commission v. Kepple, a lawyer was given an indefinite suspension of at least 30 days because 13 years ago she hid her real state of residence so she could get in-state tuition. Basically, she pretended she lived in West Virginia to get in-state tuition.
How did she get caught? Her spiteful ex-husband ratted her out. Lawyers who lie and steal from their clients need to be punished, probably more than they are now in Maryland. But this was a long time ago, she actually had good contacts with West Virginia because she worked there for a time… I just think this is a little over the top. You can find the court’s opinion here.
The subject of DNA testing has been increasingly prevalent in Maryland courtrooms. In the past few months, a Maryland case (Maryland v. King) was argued in the Supreme Court on whether an arrested person’s DNA could be legally taken. No matter one’s view on its collection, DNA sometimes plays a large role in determining who did or did not do something. However, they recently decided that Brown v. Maryland shows an example of how allegedly exonerating DNA results that might not even matter.
Brown features a particularly violent assault and rape of a young woman. She was abducted, beaten, handcuffed, and tortured– among other things, that the court understated as being “not pretty.” I think the word “unimaginable” works.
Anyway, Brown was found guilty and convicted to eighty-five years in prison. Now he attempted to utilize a new Maryland statute that granted a new trial if post-conviction DNA was (1) favorable to the petitioner and there was (2) a substantial possibility…that the petitioner would not have been convicted if the results were known at trial.
