Archives for June 2020

The Burden of Proof in a Medical Malpractice Claim

What You Must Establish to Show Carelessness or Negligence

The Burden of Proof in a Medical Malpractice ClaimIn any personal injury claim based on negligence, you must demonstrate that the defendant did not meet the expected standard of care. In most personal injury lawsuits, that means you must show that the at-fault party did not act as an average person of ordinary prudence would. You also must show that the failure to meet the standard of care caused an accident and that you suffered actual losses as a result.

However, when the wrongdoer is a medical professional and you are seeking damages in a medical practice claim, there’s a higher standard to which the defendant must be held. With doctors and physicians, the required degree of care is that of a

  • Reasonably skilled and competent healthcare professional,
  • With similar training, experience, and background,
  • Practicing in the same community.

In most personal injury trials, the jury determines what constitutes reasonable care. In medical malpractice cases, though, it’s customary for expert witnesses (usually other medical professionals) to offer testimony on whether the conduct at issue met the standard of care.

Proven Maryland Medical Malpractice Attorney

Maryland SuperLawyer Jonathan Scott Smith has protected the rights of personal injury victims in the greater Baltimore area and across the state of Maryland for more than three decades. He’s consistently been AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System and has been designated a Top-Rated Lawyer by The American Lawyer magazine. A successful trial attorney committed to getting positive results for clients, he’s also received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), as well as a perfect 10.0 (Superb) AVVO rating as a litigator.

Results-Oriented Frederick County, Maryland, Medical Negligence Lawyer

If you have suffered needless injury due to the carelessness of a medical professional in Maryland, we can help. Contact our office by e-mail or call us at 410-740-0101 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Motorcycle Accidents in Maryland

Can You Recover Damages If You’re Hurt While Not Wearing a Helmet?

Motorcycle Accidents in MarylandLike many states, Maryland requires anyone riding a motorcycle to wear an approved helmet. If you fail to do so and are hurt in an accident caused by someone else’s negligence, are you ineligible to recover damages? In Maryland, it’s definitely possible.

Most states have adopted the principle of comparative negligence, whereby a damages award is reduced to the extent the injured party was at fault for the accident. Maryland, however, still adheres to the fairly archaic principle of “pure” contributory negligence. Under that legal doctrine, if a person contributes in any way and to any degree in causing the accident that results in their own injury, that person is not entitled to recover damages. Accordingly, if the defense can show that your negligence contributed even a little to your injury, you won’t be able to recover for your losses.

If you’re hurt in a motorcycle accident and weren’t wearing a helmet, it’s likely the court will look at the nature of your injuries and determine the extent to which your own negligence precludes recovery. Damages may be denied for any injuries that arguably could have been prevented by wearing a helmet—injuries to your head, face, or neck, for example. However, you may be able to recover compensation for injuries to other parts of your body.

Experienced Baltimore County Motorcycle Accident Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, has fought for the rights of personal injury victims in the greater Baltimore area and across the state of Maryland for more than 30 years. A proven trial attorney known for getting positive results for clients, he’s received the Client’s Choice Award from AVVO, with an average client review of 5 stars(the highest rating possible), as well as a perfect 10.0 (Superb) rating from AVVO as a litigator. He’s long been AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System, and he’s been named a Top Rated Lawyer by The American Lawyer magazine.

Results-Oriented Prince George’s County Motor Vehicle Accident Attorney

If you’re hurt in a rear-end accident in Maryland, we can help. Contact our office by e-mail or call us at 410-740-0101 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101