The Standard of Care in a Medical Malpractice Lawsuit

medical malpractice lawsuit
As we discussed in an earlier blog, in a personal injury claim based on negligence, you need to demonstrate that the defendant breached (or failed to meet) the standard of care expected under the circumstances. That standard of care is determined by the jury, based on what a reasonable person would do.

In a medical malpractice claim, though, because of the specialized training that medical professionals receive, the standard is not the same, but is somewhat higher. In addition, whether or not the defendant’s conduct met the standard is often determined by relying on expert testimony.

The standard of care for medical professionals in a personal injury action is based on:

  • What a reasonably competent and skilled medical professional would do
  • Assuming that the medical professional had similar experience and training
  • The specific standard of care in the geographic community in which the alleged malpractice occurred

Columbia, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims throughout Maryland for more than three decades. He understands the impact a personal injury can have on every aspect of your life, so he’ll work hard to get full and fair compensation for all your losses.

Attorney Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine. He’s a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible), has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and has been named a Maryland Super Lawyer. He’s also AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Baltimore County Accident Injury Lawyer

We offer full service legal counsel to anyone who has suffered a needless injury because of the careless or negligent acts of others. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. We represent personal injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Choosing the Right Personal Injury Attorney

finding a personal injury lawyer

What to Look for When You Need Effective Personal Injury Representation

The consequences of a personal injury can be both devastating and long-lasting. You want a lawyer who understands the far-reaching impact of a personal injury, and who will help you get the compensation you need to take care of all your needs. Here are the most important attributes to look for in a personal injury attorney:

  • Trial Experience — Your case may never go to trial — many personal injury lawsuits settle. But you need to know that, if you have to take your case before a judge and jury, your lawyer has the skill, experience and knowledge of trial procedure and tactics to protect your interests.
  •  Experience handling your type of claim — Not all personal injury claims are the same. For example, if you’ve suffered burn injuries, you need a lawyer who understands the unique nature of those types of injuries and the specific medical care you may need.
  • Experience in the geographic area where your claim is filed — While justice should be blind, it typically looks a little different in every jurisdiction. A local attorney will know the practices of the different judges and what they are inclined to allow during the course of a trial. In addition, if your attorney knows and is known by defense counsel, you can often resolve many issues without the intervention of the court, saving you a lot of hassle.
  •  Fee structure — As a general rule, personal injury attorneys take their cases on a contingency basis. That means they won’t charge you upfront, but will take a percentage of any recovery. Find out what that percentage will be, as it can vary from practice to practice.

Results-Oriented Baltimore, Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in Maryland for over 30 years, including individuals who have been hurt in truck accidents. Because of his impressive record of obtaining positive results for his clients, Attorney Smith has received the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 Superb rating as a litigator from AVVO, and has also earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System, the highest rating possible. He’s a Maryland Super Lawyer and was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine.

Proven Ellicott City Personal Injury Lawyer

If you have suffered needless injury because of the carelessness or negligence of another person, let us 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 Georges County and Montgomery County in Maryland.

Happy Thanksgiving

Happy Thanksgiving 2018

At this time of year, we stop to give thanks: for our friends and families, for meaningful work, and for valued clients like you. We are truly grateful that you choose to work with us and we are dedicated to helping you achieve your goals.

We wish you all the blessings of a peaceful holiday with those you love. Happy Thanksgiving!

Happy Halloween!

Happy Halloween! 2018

Winning a Personal Injury Claim—Part Two

Personal-Injury

In an earlier blog, we explained the standard of care to which all persons are held, as well as the requirement, in a personal injury lawsuit, that you prove the defendant failed to meet that standard. Once you’ve done that, you must then show a causal link between that failure (or breach) and the accident that caused your losses.

There are, however, two specific types of cause that you have to prove. First (and often the easiest) is the requirement that you demonstrate what the law refers to as “actual cause.” In a nutshell, you must show that, had the defendant not breached the duty of care, the accident would not have happened.

But that’s not enough—there’s also the requirement that you show “proximate cause.” In essence, proximate cause requires that you show that the specific injury or loss was “reasonably foreseeable” as a result of the wrongful conduct. If there are intervening factors that were not foreseeable, but that were necessary for the accident to occur, there may not be proximate cause. For example, if you negligently run a stop sign and hit another motorist, who then careens into a gas pump at a nearby gas station, you may not be held liable for damages caused by an explosion or fire at the gas station.

Ellicott City, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims throughout Maryland for more than 30 years. He knows the effect a personal injury can have on every area of your life, so he’ll work diligently to get full and fair compensation for all your losses.

Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell. He’s a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible) and has a perfect 10.0 Superb rating as a litigation attorney from AVVO. As an indication of the respect by which he is held by his colleagues in the legal profession, he’s AV-rated under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Maryland Accident Injury Lawyer

We offer full service legal counsel to anyone who has suffered a needless injury because of the careless or negligent acts of others. Contact us by e-mail [link to Contact Us page] or call us at 410-740-0101 to schedule an appointment. We represent personal injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Arkansas Youth Making Strides in Recovery at Baltimore Hospital

Teen Suffered Severe Spinal Cord Injury in Swimming Accident

Recovery-at-Baltimore-Hospital

A star high school athlete from Pottsville, Arkansas, is making great progress in his recovery from a broken neck, according to officials at Baltimore’s Kennedy Krieger Institute. Drake Maness, the starter center for the Pottsville Apaches, suffered the injury on June 15 while diving at a swimming pool. He was originally being treated at Arkansas Children’s Hospital, in Little Rock, but was transferred to Kennedy Krieger because of the Institute’s national reputation for treating individuals with similar injuries.

Originally without feeling in his lower extremities, Maness is now able to walk. He recently took 900 steps in a single rehab session. Doctors say he’s had some difficulties with obstructions in his airway, but he’s off a ventilator and making steady progress.

Results-Oriented Columbia, Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of personal injury victims in Maryland for over 30 years, including individuals who have been hurt in swimming pool accidents. As a result of his longstanding record of obtaining positive results for his clients, Attorney Smith has received the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 Superb rating as a litigator from AVVO, and has also earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System, the highest rating possible. Attorney Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Baltimore, Maryland, Personal Injury Lawyer

If you have been hurt because of the carelessness or negligence of another person, we can help. Contact us 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 Georges County and Montgomery County in Maryland.

Seasons Greetings and Happy New Year!

Seasons Greetings and Happy New Year!

Snapchat Faces Lawsuits Over Filters

accident using mobile

Snapchat is a popular application for smart phones, a social networking app that allows you to communicate with messages that disappear shortly after you post them. The app also has filters you can use…one of them determines the speed at which you are traveling and superimposes it on any image you send. The app also allows you to win a “trophy” if you use certain features, such as the “speedometer” filter. This, of course, can be an incentive to drive while distracted, to take a “selfie” while you’re behind the wheel, so that you can get the trophy.

Snapchat has already been implicated in a number of motor vehicle accident claims, from the death of three people in Philadelphia in December, 2016 (the driver was allegedly on Snapchat at the time of the accident) to a woman who crashed (and videotaped the accident) while going 110 miles per hour.

Ellicott City, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims in Maryland for more than 30 years, including people who have been hurt in a motor vehicle accident. He understands the impact a personal injury can have on every aspect of your life and will work hard to get full and fair compensation for all your losses.

Because of his record and reputation, he has been a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and is also respected by his colleagues in the legal profession, who have given him an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Top-Rated Maryland Motor Vehicle Accident Lawyer

We offer full service legal counsel to anyone who has been hurt in a car, truck or motorcycle accident. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. We represent personal injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Apple Faces $12 Million for Racial Profiling

checking id

Tech giant Apple, Inc., has been suite in Federal District Court in Maryland by two residents who say they were subjected to racial profiling at an Apple store in Maryland. The plaintiffs allege that they went to the Apple store in Bethesda, Maryland on June 17, 2016 to purchase new cell phones. Following store protocol, they put their names in a queue of customers requiring assistance. They waited until their names were called and then purchased two new iPhones. As they exited the store, they were detained by uniformed Montgomery County Sheriff’s deputies, who tackled them and threw them to the ground, then forced them to sit outside for more than an hour. They allege that the officers told them they had been notified by Apple employees that they looked “suspicious” and had “possibly” been engaged in fraudulent activity. They were subsequently released and never charged with anything.

Top-Rated Columbia, MD Personal Injury Lawyer

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of injured people in Maryland for more than three decades, including individuals who have suffered any type of civil rights violation or discrimination. Because of his outstanding record and strong reputation for effective representation, Attorney Smith has been honored with the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and is also highly regarded by his colleagues in the legal profession, earning an AV-rating under Martindale-Hubbell’s Peer Review Rating System, the highest rating possible. Attorney Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Baltimore County, Maryland, Personal Injury Lawyer

If you have been hurt because of the carelessness or negligence of another person, we can help. Contact us 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 Georges County and Montgomery County in Maryland.

Woman Perishes in Fatal Fire

Fatal Fire Claims Woman’s Life in Townhome Fire

A fatal fire occurred in a townhome that caught fire on May 21, 2013. Anne Arundel firefighters were called to the residence in Crofton around 1:40 p.m. on May 21, where they discovered smoke coming out of the second floor of a two-story, end-unit townhome. Pursuant to a search of the premises, they found a woman in a second floor bathroom. She was immediately taken to Anne Arundel Medical Center, and later transferred to the Bayview Burn Center in Baltimore.

A total of 23 firefighters took nearly an hour to bring the blaze under control. Officials report property damage at approximately $60,000. No one else was hurt in the blaze. The cause of the fire remains unknown.

Fatal Fire Cases: Top-Ranked Ellicott City Personal Injury Lawyer

For more than 30 years, attorney Jonathan Scott Smith has been fighting for people’s rights and protecting their interests in Maryland personal injury and fatal fire cases.

Mr. Smith’s extensive trial experience — and track record of successful Past Results, including fatal fire cases — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • 10.0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell)
  • 2013 Top Attorneys in Maryland (American Registry)
  • 2013 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.
  • 2013 Top Rated Lawyer in Personal Injury Law  by The American LawyerMagazine and Martindale-Hubbell.
  • The National Trial Lawyers: Top 100 Trial Lawyers (by invitation only and limited to the Top 100 Trial Lawyers from each state).
  • AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Attorney Smith handles all types of serious and catastrophic injury claims, including fatal fire cases, burns, broken bones, paralysis, brain and spinal cord injury, and amputation or loss of limb. He also represents individuals and families who have lost a loved one because of a wrongful death, including fatal fire cases.

Maryland Fatal Fire Attorney

Our firm represents injured people in Howard County, Anne Arundel County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

If you have been hurt in a fire, or a loved one has perished in a fatal fire, attorney Jonathan Scott Smith will aggressively help you pursue full and fair compensation for all your losses. Contact us by e-mail or call our office at 410-740-0101 to schedule an appointment.

 

ADDRESS :

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

  • Call for consultation 410-740-0101