Posted on August 01, 2010 in Over-radiation Malpractice

In an article published today, the New York Times has continued its expose on radiation overdoses of patients. Previous articles have focused on over radiation of patients undergoing radiation therapy for cancer. This time, the Times focuses on radiation overdoses of patients undergoing medical tests involving radiation. A copy of the most recent article can be found here.

Since 1895 when x-rays were discovered, it has been well-known that over exposure to x-rays has terrible health consequences. Yet, more than 100 years later, machines still are being manufactured and/or used in such a manner that excess radiation can easily occur and people who operate these machines are still seriously over radiating people. To me, that is malpractice at the minimum, and also should be treated as a criminal offense.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled many medical malpractice cases involving improper hospital procedures These people deserve compensation. Moreover, these cases should be pursued to bring attention to this outrageous form of malrpractice. To see some of the cases I have handled, click here.

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 Posted on July 22, 2010 in Repeat Offenders

As a Baltimore Maryland DUI/DWI Attorney I often represent people in DUI/DWI cases who have previously been convicted of a DUI or DWI in the past. These defendants are known as repeat or subsequent offenders in courthouse vernacular. Over the past few years prosecutors have begun to seek and judges have started to impose, harsher and harsher penalties including incarceration, even for defendants with only one prior offense. It is now pretty common for second offenders to receive 30 days or more and defendants with two or more prior convictions to serve sentences of six months or longer.

I blogged about a case a few weeks ago that I got involved after the sentence had been imposed and tried unsuccessfully to reverse the damage. In that case the defendant did not get into an accident, blew a .16 and had only one prior occurring 11 years prior to the second. He received a sentence of 4 months to serve in the Baltimore City Jail after the case was badly mishandled by his attorney. I represented a similarly situated second offender in the exact same court last week with a completely different outcome. Here are the facts.

My client was pulled over for weaving and crossing onto the shoulder on I – 895 by a Maryland Transit Authority Police Officer. After failing the field sobriety tests he was arrested and blew a ..26 BAC. Like the defendant I blogged about a few weeks ago (I will refer to him as D1 hereinafter), my client had one prior DUI but my client’s prior occurred just 4 1/2 priors to this case. This is obviously substantially more recent than the 11 years in between D1’s two incidents. Again, like D1, my client had no other record and the case did not involve an accident. The bottom line is that my client was actually in a slightly worse position than was D1 because his BAC was much higher and his prior was more recent. However, my client walked out of court last week with probation and didn’t serve a single day in jail.

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 Posted on July 19, 2010 in Repeat Offenders

As a Baltimore Maryland DUI/DWI Lawyer I handle DUI’s almost every day in the District Courts of Baltimore City and Baltimore County. Because I am always in court I am often in a position to watch other attorneys handle, and in many cases mishandle, DUI cases. I have blogged many times in the past about these cases usually positing the question, “are you being represented by the right lawyer”.

I recently got involved in a DUI case that was badly mishandled by another attorney in Baltimore City Circuit Court. Here are the facts:

The defendant was a late twenty early thirty something man. He was charged in a pretty garden variety DUI in which there was no accident and he blew a .16. The only real aggravating factor was that the defendant was pulled over for speeding at 8:AM while driving to work. He told the officer that he had been out the night before and had stopped drinking at 2 or 3 in the morning. He had one prior which occurred 11 years prior and no other record of any kind.

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 Posted on July 12, 2010 in Divorce

The Baltimore Sun reported on July 7, 2010 that retired Prince George’s Circuit Judge Graydon S. McKee III ordered Gayle and Craig Meyers to split custody of their dog at their limited divorce proceeding . For more information on limited divorce see our March 19, 2010 blog. In accordance with Maryland law, pets are considered marital property and are to be divided as such. For more information on marital property in Maryland, see Maryland Code, Family Law 8-203 and see August 19, 2009 blog. Instead of ordering the couple to sell the dog and split the proceeds, the Judge ordered that the dog will alternate spending six months with each party. As reported, “it was very clear that both of them love this dog equally,” McKee said. “The only fair thing to do was to give each one an equal chance to share in the love of the dog.”

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 Posted on July 08, 2010 in Recent Court Decisions

As stated in our June 30, 2010 blog on Facebook pages used as evidence in family law proceedings, Facebook pages and various other social networking sites such as MySpace are being used as evidence in many legal proceedings. As mentioned, the rules regarding the entry of these pages as evidence are still unclear. In a recent case published by the Court of Special Appeals, Antoine Levar Griffin v. State of Maryland, the Court offers attorneys some guidance on this exact evidentiary issue. The opinion, reported on May 27, 2010 states:

The anonymity features of social networking sites may present an obstacle to litigants seeking to authenticate messages posted on them. See, e.g., Paul W. Grimm et al., Back to the Future: Lorraine v. Markel American Insurance Co. and New Findings on the Admissibility of Electronically Stored Information, 42 AKRON L. REV. 357, 370-71 (2009). That is the issue we encounter here: whether the State adequately established the author of the cyber message in question. Despite the pervasive popularity of social networking sites and their potential as treasure troves of valuable evidence, Maryland appellate courts have not yet addressed the issue of authenticating anonymous or pseudonymous documents printed from social media Web sites. Notably, neither the Maryland Rules of Evidence nor the Maryland Rules of Procedure specifically address the authentication of such evidence. Perhaps this is because courts that have generally considered the issue of authentication of electronic communications have concluded that they may be authenticated under existing evidentiary rules governing authentication by circumstantial evidence. We see no reason why social media profiles may not be circumstantially authenticated in the same manner as other forms of electronic communication – by their content and context. The inherent nature of social networking Web sites encourages members who choose to use pseudonyms to identify themselves by posting profile pictures or descriptions of their physical appearances, personal background information, and lifestyles. This type of individualization may lend itself to authentication of a particular profile page as having been created by the person depicted in it.

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 Posted on July 01, 2010 in Wrongful Birth / Wrongful Life

As a Maryland medical malpractice attorney, I am occasionally asked what the difference is among the type of medical malpractice cases that are called wrongful birth and wrongful life cases. These type of cases generally fall into three categories.

The first, sometimes labeled “wrongful conception” or “wrongful pregnancy,” are brought by parents of a normal but unplanned child seeking damages either from a physician who allegedly was negligent in performing a sterilization procedure or abortion, or from a pharmacist or pharmaceutical manufacturer who allegedly was negligent in dispensing or manufacturing a contraceptive prescription or device.

The second, sometimes denoted as “wrongful birth,” consists of cases in which parents of a child born with birth defects allege that the negligence of prenatal health care providers or genetic counselors deprived them of the ability to abort the pregnancy because of the likelihood that the child would be born in an injured or impaired state. Those actions are by the parents to recover the damages and expenses accruing to them from having to endure and raise such a child.

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 Posted on July 01, 2010 in Child Custody

Third party visitation cases have become increasing difficult cases to establish ordered child access. The standard has been and remains that in order for grandparents or other third parties to be awarded visitation with a grandchild/child they must show either parental unfitness or exceptional circumstances. For more information regarding third party visitation see our August 11, 2009 blog post. Maryland’s second highest court recently filed an opinion in the case of Brandenburg v. LaBarre on June 2, 2010, which held that in order to prove exceptional circumstances in a third party visitation case, third parties must show that without visitation there will be significant harm to the children. I am of the opinion that prior to this decision, exceptional circumstances could be proven without proving actual/significant harm to the children.

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 Posted on June 30, 2010 in Medication Malpractice

A New York jury has awarded $1.7 million in damages to a woman in a medical malpractice case, to compensate her for permanent nerve damage that was caused by an improper injection given to her following the delivery of her baby. The woman was given an intramuscular injection several hours after delivery, while in the recovery room, to try to stop her vomiting. But the nurse improperly administered the injection too low, damaging the woman’s sciatic nerve. The woman now has lower back problems, difficulty sitting and standing for any significant period of time and limitations on her physical activities. The condition is expected to worsen. A copy of an article regarding the case can be found here.

This is an interesting case because of the severe and permanent damage that the improper injection caused. Usually, injections do not cause significant damage but when they do there may be a medical malpractice case if the damages are severe.

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 Posted on June 30, 2010 in Child Custody

The Maryland Daily Record reported on June 28, 2010 that 81% of divorce attorneys have used Facebook as a form of evidence. It is a growing phenomenon in the family law practice and it has occurred in our practice in divorce hearings, custody hearings, and protective order hearings. The statements on a spouse or parent’s Facebook page may be just enough, and appears to have been just enough, to push the Judge in one direction or another in a case. Most Judges may not be aware of the context of a picture or statement on Facebook and with blurry evidentiary rules regarding their admission a picture that is funny to you may appear disturbing to a Judge.

Many may question why a Facebook page would be relevant in a divorce, custody or protective order matter. As explained in our February 28, 2010 blog, a fault based divorce such as adultery requires proof of both the opportunity and disposition for the adulterous relationship to be proven. A Facebook page displaying pictures or words of affection may be the key to proving the disposition element needed for adultery. As explained in our October 23, 2009 blog, in custody proceedings a significant factor that is considered is parental fitness. A Facebook page displaying irresponsible habits of a parent may question the fitness of that parent in caring for their child. As explained in our August 16, 2009 blog, the alleged abuse that is needed to enter a protective order can consist of a threat of serious imminent bodily harm. Such a threat on a Facebook page may be enough for a Judge to enter a protective order.

If you have questions regarding evidence related to a divorce, custody, or protective order proceeding an experienced Maryland family law attorney will be able to assist you.

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 Posted on June 28, 2010 in Emergency Room Malpractice

A South Carolina jury has awarded $3 million in a medical malpractice case to the family of a 25-year-old woman who died after medical treatment in 2002. The woman died from an infection due to a kidney stone. After the treatment at a local emergency room, the woman was discharged and due to check-up with a urologist the following Monday. However, before she could see the doctor, she died from an infection. The jury found that the emergency room and hospital did not meet the standard of care when they failed to take appropriate vital signs and perform basic testing, which would have resulted in proper diagnosis and treatment of the infection.

This sounds like a very good case. It is important for all health care providers to obtain baseline vital signs on a patient and perform reasonable tests that can diagnose serious problems that are likely. In this case, the doctors diagnosed a kidney stone but did not do the routine blood testing that would have revealed that the woman actually was very sick. Instead, she was sent home with the false assurance that she could wait a few days to be seen. It is tragic.

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