Failure to Diagnose a Medical Condition

What Must You Show to Successfully Recover Damages

Failure to Diagnose a Medical ConditionWhen you don’t feel right and you seek medical attention, you expect, at a minimum, that your condition won’t deteriorate because of carelessness by the doctor or medical professional. Too often, though, a physician will carelessly make an incorrect diagnosis or fail to diagnose the problem at all. That happens for a variety of reasons:

  • The doctor may not ask the right questions, or may simply fail to conduct a thorough examination
  • The doctor may neglect to order essential or important tests
  • The doctor may carelessly misread the results of blood tests or other procedures

In a medical malpractice claim, you must demonstrate to the jury that the medical professional did not meet the standard of care expected. To succeed in a medical malpractice claim, you must show that the doctor’s level of care fell below that of a reasonably competent and skilled health care professional, with similar training and experience, in the same medical community. As a general rule, the standard of care is established through expert testimony from a medical professional, and breach of the standard of care is shown through medical records, witness statements, correspondence, the doctor’s notes or photographic evidence.

Proven Baltimore Medical Malpractice Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has tenaciously protected the rights of personal injury victims in Baltimore and throughout the state of Maryland for over 30 years. Highly regarded by other attorneys in Baltimore and across Maryland, Attorney Smith has AV-rated under Martindale-Hubbell’s Peer Review Rating System for decades. His clients have given him the prestigious 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 trial attorney. Attorney Smith has also been named a “Top-Rated Lawyer” by the American Lawyer Magazine.

Results-Oriented Maryland Medical Negligence Attorney

When you have suffered loss because of the wrongful or careless acts of a medical professional in Maryland, we can help. Contact attorney Jonathan Scott Smith by e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

When the Driver of Your Car Caused the Accident

Can You Sue the Driver for Your Injuries?

When the Driver of Your Car Caused the AccidentIn the aftermath of a motor vehicle accident, when you’re seeking to recover damages for your losses, it’s common to look first to the other motorists to determine who caused the accident. But what if the driver of the car you were traveling in was responsible for the crash? Can you seek compensation from that person for your losses? Are there any situations where you can’t?

Personal Injury Lawsuits in Maryland

As a practical matter, virtually all such claims are based on a legal theory of negligence. To recover under a negligence claim, you must show that:

  • The defendant (person from whom you seek compensation) failed to act as a reasonable person would under the circumstances,
  • The failure to do so caused an accident or injury, and
  • You suffered actual losses as a result.

What If the Person Who Caused the Accident Is a Family Member?

Since Maryland law was changed recently, nothing prohibits you from seeking benefits from your auto insurance company for injuries suffered in an accident caused by a family member. However, you can recover only up to the limits of your insurance policy and cannot obtain a judgment against the family member.

Experienced Maryland Motor Vehicle Accident Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, has been a staunch advocate for victims of personal injury across Maryland for over 30 years. Attorney Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System, a testament to the high regard with which he is held by his colleagues in the legal profession. He has also earned the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), and he has been rated a perfect 10.0 (Superb) by AVVO as a trial attorney. The American Lawyer magazine has named him a Top-Rated Lawyer.

Knowledgeable Baltimore Auto Wreck Claims Lawyer

If you’re injured in a car accident, we can help. Contact attorney Jonathan Scott Smith by email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Recognizing the Signs of Nursing Home Neglect and Abuse

Things to Look for to Protect Your Loved One

Recognizing the Signs of Nursing Home Neglect and AbuseWhen your spouse, parent, or other loved one becomes incapable of managing their own care, the best long-term solution may be a nursing home. You want your loved one’s final days to be as easy and stress-free as possible, but you need to be vigilant to ensure that a beloved family member does not fall victim to neglect or abuse. Many nursing homes are overcrowded and/or understaffed, and caregivers are often underqualified and underpaid. Here are some warning signs that your elder may be experiencing abuse or neglect:

  • Frequent, unexplained injuries, such as bruises, scrapes, burns, or even broken bones, or regular need for medical attention
  • Changes in mood or behavior, particularly involving increased anxiety or fear—Be especially concerned if your loved one becomes agitated or fearful around a specific caregiver or is unwilling to see family members.
  • Weight loss, dry hands or lips, or changes in skin color or texture—These may be signs of malnourishment or dehydration.
  • Lesions, ulcers, or rashes on the skin, which may indicate poor hygiene or inattention to the potential for bedsores

Proven Baltimore Nursing Home Neglect Attorney

Maryland SuperLawyer Jonathan Scott Smith has aggressively fought for personal injury victims in Baltimore and throughout the state of Maryland for more than 30 years. Well- respected by his colleagues in the legal profession, Attorney Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System. He is highly rated by his clients, earning the prestigious 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 trial attorney. Attorney Smith has also been named a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Maryland Elder Abuse Lawyer

When your loved one suffers because of abuse or neglect in a nursing home or assisted living facility, we can help. Contact attorney Jonathan Scott Smith by email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Damages in a Maryland Personal Injury Claim

Economic and Non-Economic Damages

Damages in a Maryland Personal Injury ClaimIf you’re hurt in an accident caused by the wrongful acts of another person, you have the right to pursue full and fair compensation for your losses. In a personal injury lawsuit in Maryland, it’s typical to ask for damages (financial compensation) for a wide range of losses. Damages are customarily identified as either economic or non-economic.

What Are Economic Damages?

Economic damages in a personal injury lawsuit are those that are tangible and easy to quantify, usually tied to actual out-of-pocket expense or loss. Common types of economic damages are compensation for lost wages or other income, property losses, and compensation for medical expenses not covered by insurance.

What Are Non-Economic Damages?

Conversely, non-economic damages are those that are intangible and less capable of specific calculation. Common non-economic damages include pain and suffering, loss of enjoyment of life, and loss of companionship or consortium. Because of the lack of concrete numbers representing the loss, the amount of such damages is subject to the discretion of the jury, with review by the court. Juries typically look at a number of factors when calculating non-economic damages, such as the age of the injured party, the severity of their injury, and the lifestyle they had before the accident.

Proven Baltimore Injury Attorney

Maryland SuperLawyer Jonathan Scott Smith brings more than three decades of experience to people in Baltimore and throughout the state of Maryland who suffer personal injury. Highly regarded by attorneys throughout Maryland, Attorney Smith has consistently held an AV-rating under Martindale-Hubbell’s Peer Review Rating System and has been named a Top-Rated Lawyer by The American Lawyer magazine. He has also received positive reviews from his clients, earning the prestigious 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 trial attorney.

Effective Maryland Accident Injury Lawyer

When you’re hurt because of someone else’s wrongful act, attorney Jonathan Scott Smith can help. Contact us by email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Maryland Motorcycle-Accident-Injury Claims

The Unique Hurdles You Face in Court

Maryland Motorcycle-Accident-Injury ClaimsIf you’re hurt in a motor vehicle accident because of someone else’s negligence, you have a right to seek full and fair compensation in a court of law. If your injuries are suffered while operating or riding on a motorcycle, though, you may face greater challenges in court. That’s why it’s important to have an attorney who has successfully handled motorcycle-accident claims.

What Challenges Are Associated with Motorcycle Accident Lawsuits?

The first obstacle you may run into in court is the societal bias toward motorcycles and motorcyclists. While most adults have driven or ridden in a car or truck, fewer than one out of ten Americans get on a motorcycle on a regular basis. That lack of familiarity can result in bias:

  • A perception that motorcyclists are outsiders, rebels, or people who ignore rules
  • A belief that injuries suffered on a motorcycle are not caused by someone else’s negligence but because motorcycles are an inherently more dangerous way to travel on the roads

An attorney who handles motorcycle claims will anticipate these prejudices and use the law and facts to counter them.

In addition, you want a lawyer who can help jurors understand the unique factors involved in riding a motorcycle. Most jurors won’t know that you need to maintain a certain speed to keep your balance and maintain control of the bike. Most won’t understand, either, how you can lose control of your bike if another motorist comes too close to you without even making contact.

Finally, you want an attorney who understands the type and severity of injuries that commonly result from a motorcycle crash.

Results-Oriented Maryland Motorcycle-Accident Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, brings more than 30 years of experience to victims of personal injury in Baltimore and throughout the state of Maryland. Well-respected by attorneys throughout the state, Attorney Smith has consistently received an AV-rating under Martindale-Hubbell’s Peer Review Rating System. He has also earned accolades from his clients, earning the prestigious 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 trial attorney. Attorney Smith has been named a Top-Rated Lawyer by The American Lawyer magazine.

Effective Baltimore County Motorcycle-Wreck Lawyer

If you’re hurt in a motorcycle accident caused by someone else’s wrongful act, attorney Jonathan Scott Smith can help. Contact us by email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Filing a Maryland Wrongful Death Lawsuit

What Is Wrongful Death? Who Can File? What Can You Recover?

What Is Wrongful Death? Who Can File? What Can You Recover?In Maryland, when the wrongful actions of another person result in someone’s death, certain parties have a right to bring legal action to recover compensation for their losses. Maryland law specifically defines a wrongful death as one resulting from “act, neglect or default” that would have entitled the person who died to bring a personal injury claim if they had survived. Though a wrongful death claim can always be based on an intentional act, as a practical matter, most such claims allege negligence.

Under Maryland law, only certain parties qualify to file a wrongful death action: the spouse, children, and parents of the deceased. However, if no such relatives survive the decedent, a more distant relative may file a claim on proof of substantial financial dependence.

In a wrongful death lawsuit, the plaintiff (party seeking damages or compensation) can recover:

  • Financial support they would have received from the deceased
  • Loss of companionship, guidance, support, care, advice, society, or comfort caused by the death
  • Unpaid medical expenses incurred by the deceased before death as a result of the accident
  • Mental or emotional pain or suffering caused by the accidental death

Proven Baltimore County Wrongful Death Attorney

Maryland SuperLawyer Jonathan Scott Smith has protected the rights of personal injury victims across the state of Maryland for more than 30 years. He is highly regarded by other lawyers in Maryland, having consistently earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System. He has received many accolades from his clients, including the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He also boasts a perfect 10.0 (Superb) rating from AVVO as a trial attorney. Attorney Smith has also been named a “Top-Rated Lawyer” by American Lawyer magazine.

Compassionate and Effective Wrongful Death Lawyer in Maryland

If your loved one dies because of the careless or negligent actions of another person, attorney Jonathan Scott Smith can help. Send us an email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Medical Malpractice Claims Involving Strokes and Heart Attacks

Can You File a Negligence Claim Against a Doctor or Medical Facility?

Medical Malpractice Claims Involving Strokes and Heart AttacksEvery year, nearly three-quarters of a million Americans have some type of heart attack. A similar number of people across the country suffer a stroke. When you or a loved suffers serious injury, or a family member dies, as the result of cardiovascular trauma while being treated for a heart attack, can you bring legal action to cover your losses? Maybe.

Negligence-Based Personal Injury Claims

Most personal injury claims are based on the legal principle of negligence. Accordingly, if you can show that someone was negligent and that their negligence caused an accident or injury, you may be able to recover damages.

To successfully prove negligence in court, you must show three things:

  • That the defendant (person from whom you seek compensation) did not meet the standard of care expected under the circumstances;
  • That the breach of the standard of care caused an event; and
  • That, as a result of that event, you suffered actual losses.

In most personal injury claims, the standard of care is that of a reasonable person, commonly considered an “ordinary person of average prudence.” However, medical professionals are held to a higher standard of care. A doctor must exercise the level and type of care that a reasonably competent and skilled medical professional, with similar background and experience, would have exercised under the same circumstances in the same medical community.

With respect to a heart attack or stroke, a medical professional may be potentially liable if:

  • The patient exhibited classic symptoms of cardiovascular problems, such as difficulty breathing, chest pains, or weakness in the limbs, and the doctor failed to check the patient’s blood pressure or conduct other routine tests; or
  • The medical professional knew the patient had elevated blood pressure or other cardiovascular risks and failed to prescribe appropriate medications or failed to order appropriate tests.

Proven Baltimore Medical Malpractice Attorney

Maryland SuperLawyer Jonathan Scott Smith offers over 30 years of experience to personal injury victims throughout the Baltimore metro area and throughout the state of Maryland. Highly respected by his colleagues in the legal profession, attorney Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System. Named a Top-Rated Lawyer by American Lawyer magazine, he has also earned high marks from his clients, garnering the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has also received a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Experienced Maryland Medical Negligence Lawyer

If you suffer a stroke or heart attack through the misdiagnosis or carelessness of a medical professional, attorney Jonathan Scott Smith can help. Send us an email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Fault in Maryland Motor-Vehicle-Accident Claims

Why You Must Prove Fault | How to Prove Fault

Fault in Maryland Motor-Vehicle-Accident ClaimsIn Maryland, as in the majority of states, auto insurance is based on an at-fault approach, which means that if you’re injured in a motor vehicle accident, you must seek compensation from the at-fault party’s insurer. If you can’t prove that the defendant caused the accident, you won’t be able to recover benefits from their insurance provider.

In a motor vehicle accident, as with most personal injury claims, proving fault or liability is almost always a matter of proving negligence. To successfully prove negligence (fault), you must demonstrate to the court that:

  • The defendant (person being sued) did not act as a reasonable person would in the same circumstances—This is also referred to as a “breach of the standard of care.”
  • The breach caused an accident—Causation has two parts. First, you must prove that the accident would not have occurred had the defendant acted reasonably. Second, you must show that the accident and the injuries it caused were “reasonably foreseeable” as a consequence of the breach of the standard of care.
  • You suffered actual or measurable losses because of the accident.

Results-Oriented Baltimore County Personal Injury Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, offers more than 30 years of experience to victims of personal injury across the state of Maryland. Named a Top-Rated Lawyer by The American Lawyer magazine, attorney Smith has consistently received an AV-rating under Martindale-Hubbell’s Peer Review Rating System, a testament to the regard with which he is held by his colleagues in the legal profession. He has also been lauded by his clients, earning AVVO’s Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), and a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Effective Frederick County Wrongful Injury Lawyer

When you suffer injury in any type of accident caused by the negligence of another person, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Wrongful Death and Criminal Acts in Maryland

Can You Recover Damages When a Crime Causes a Loved One’s Death?

Wrongful Death and Criminal Acts in MarylandWhen someone’s negligence causes the death of a family member, you have the right to seek compensation for your losses. But what if someone commits a criminal act that results in death? Are criminal penalties the only remedy in such a situation? Can you seek damages when someone else’s criminal conduct causes the death of your loved one?

In Maryland, the answer is yes. Under Maryland law, a death is considered “wrongful” if it is caused by “an act, neglect or default, including a felonious act.” Maryland law permits a wrongful death claim if the deceased would have had a personal injury claim had he or she survived.

A wrongful death claim is a civil action, wholly distinct from a criminal prosecution. In a wrongful death lawsuit, the remedy or sanction is purely financial. Wrongful death damages can include compensation for lost support, companionship, and consortium, as well as other damages resulting from the loss of life. While a criminal prosecution may lead to fines, those are not paid to survivors but instead go to the state. A single act can, and often does, result in a criminal prosecution and a wrongful death civil claim.

Proven Maryland Wrongful Death Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, has fought for the rights of survivors in wrongful death claims for more than 40 years. Highly regarded by fellow attorneys in the Maryland bar, Attorney Smith has long held an AV rating under Martindale-Hubbell’s Peer Review Rating System. He has also earned high praise from his clients, including the prestigious 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 trial attorney. He has also been honored as a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Baltimore Accidental Death Lawyer

If you’ve lost a loved one because of the wrongful act of another person, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Slip-and-Falls on Commercial Property in Maryland

Must a Property Owner Give Notice of a Dangerous Condition?

Slip-and-Falls on Commercial Property in MarylandIn Maryland, as in other states, the owner of commercial property has certain duties with respect to anyone legally visiting the property. A business owner must either correct any dangerous situation or provide adequate warning to legal visitors. However, to recover compensation for a slip-and-fall, an injured person must demonstrate that the business owner either knew or should have known of the dangerous condition.

Did the Owner Have Actual Knowledge of the Hazard?

You can bring a claim against an owner if you can prove they were actually informed of the hazardous condition by a customer, employee, or someone else with personal knowledge of the condition. An owner also is deemed to have had actual notice if the danger was caused or created by an employee, even if the employee was unaware that they created the situation.

Was There Constructive Notice?

In some situations, the circumstances indicate that the owner should have known of the dangerous condition. It may have existed for a sufficient length of time that it would be unreasonable to expect that the owner wouldn’t know; it may have been obvious to anyone spending time on the property; or it may have been a condition that had occurred before.

Results-Oriented Maryland Premises Liability Lawyer

Jonathan Scott Smith, a Maryland SuperLawyer, brings more than 30 years’ experience to victims of personal injury in Baltimore and throughout the state of Maryland. Well-respected by attorneys throughout the state, Attorney Smith has consistently received an AV-rating under Martindale-Hubbell’s Peer Review Rating System. He also has earned accolades from his clients, earning the prestigious 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 trial attorney. Attorney Smith has been named a Top-Rated Lawyer by The American Lawyer magazine.

Effective Montgomery County Slip-and-Fall Attorney

If you suffer needless injury in a slip-and-fall on commercial property, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. 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