Archives for June 2011

Nursing Home Malpractice Seminar


News

Mr. Smith developed and moderated a seminar for Maryland attorneys handling medical malpractice or medical negligence claims against nursing homes, assisted living facilities, and other long-term care institutions. The program, “Hot Topics in Long-term Care Litigation,” was presented by the Nursing Home Section of the Maryland Trial Lawyers’ Association in Columbia Maryland. Speakers included medical experts and attorneys. Mr. Smith was also a speaker at the seminar, lecturing on the topic, “Using Administrative Regulations, Professional Codes, and Health Care Provider Policies and Procedures to Prove Violations of the Standards of Care.” Mr. Smith serves as Chair of the Nursing Home Section, Maryland Association for Justice (formerly the Maryland Trial Lawyers’ Association) for the 2008-09 year. He also served as Chair of the Nursing Home Section for the 2007-08 year, and as Vice-Chair of that Section for the 2006-07 year.

Mr. Smith Speaks at Seminar for Maryland Medical Malpractice Lawyers


News

Mr. Smith was a speaker at the annual medical malpractice seminar, “The Maryland Med Mal Case: Learn from the Experts,” presented by the Medical Negligence Section of the Maryland Trial Lawyers’ Association in Baltimore, Maryland. This seminar included presentations on “cutting edge” topics to lawyers who regularly handle medical malpractice or medical negligence cases. Mr. Smith’s topic was “Surviving the Court of Appeals: Certificates of Merit and Reports Post Walzer and Carroll.”

Under Maryland’s medical malpractice law, a legal claim against a healthcare provider, including hospitals, doctors, nurses, and nursing homes, cannot be maintained unless the claimant files a “Certificate of Qualified Expert” and Report from a medical expert. The Certificate and Report must verify that the healthcare provider departed from the applicable standard of care, and that the departure was the cause of an injury or death. Recent rulings by Maryland appeals courts radically changed the custom and practice that had been followed previously in medical malpractice litigation. Mr. Smith reviewed the evolving law and offered practical advice to medical malpractice attorneys on how to comply with current legal requirements.

Mr. Smith Publishes Article on Breaking News in Medical Malpractice Cases

Maryland’s medical malpractice law has strict requirements that must be followed in order to maintain a medical malpractice or medical negligence claim against a healthcare provider, such a hospital, doctor, nurse, and nursing home. Maryland’s highest court issued an unexpected decision changing the accepted interpretation of the law’s requirements regarding medical expert reports in medical malpractice litigation. The court’s opinion in the case of Walzer v. Osborne jeopardized many pending medical malpractice cases. Mr. Smith published an article analyzing the recent court ruling and providing advice to medical malpractice lawyers on how to comply with the court’s ruling. The article, “Expert Report Requirement and Maryland’s Medical Malpractice Statute (Complying with Walzer v. Osborne),” was published in the Maryland Trial Lawyers’ Association Trial Reporter (Summer, 2007).

Appointed Chair of Nursing Home Section


News

Mr. Smith was appointed Chair of the Nursing Home Section, Maryland Association for Justice (formerly the Maryland Trial Lawyers’ Association) for the 2009-10 year, the third consecutive year he has been appointed to the position. This professional group is comprised of attorneys handling medical malpractice or medical negligence cases against nursing homes, assisted living facilities, and other long-term care institutions. The Nursing Home Section offers continuing education seminars, speakers, literature, and roundtable discussions for attorneys. Mr. Smith previously served as Chair of the Nursing Home Section for the 2008-09 and 2007-08 years, and as Vice-Chair of the Nursing Home Section for the 2006-07 year.

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