Traumatic Brain Injuries (TBI) & Personal Injury

Traumatic brain injury (TBI) occurs when a forceful blow or jolt to the head and/or a penetrating head injury hinders normal brain function. Nearly 2 million Americans sustain serious head injuries annually, and these injuries break down as the following statistics show:

  • 1.5 million people suffer nonfatal injuries without hospitalization
  • 300,000 people suffer injuries requiring hospitalization
  • 99,000 people sustain injuries resulting in long-term disability
  • 56,000 people die of their injuries

The most frequently cited causes of TBI are:

  • Sports injuries
  • Motor vehicle accidents
  • Falls
  • Occupational accidents
  • Assaults

Serious brain injuries can manifest symptoms as soon as a few hours after the accident and as long as days following the accident and may include:

  • Loss of consciousness
  • Confusion
  • Slurred speech
  • Weakness or numbness in extremities
  • Loss of coordination
  • Persistent headaches
  • Vomiting or nausea
  • Convulsions or seizures

Personal injury lawsuit for TBI

Often TBI victims can obtain compensation for a brain injury through a personal injury lawsuit. Many factors determine the success of a brain injury lawsuit, including the cause and responsible parties. If your brain injuries resulted from product defects, you may have a case against the product manufacturer and/or designer. If your injury resulted from a motor vehicle accident or medical malpractice, you may have cause to file a claim with the offender’s insurance companies. An experienced personal injury attorney can review the facts of your case and help you determine if you have cause to file a personal injury lawsuit.

Depending on the circumstances of your case, you may be entitled to receive compensation for your losses, including:

  • Medical expenses
  • Rehabilitation costs
  • Equipment and home modification costs
  • Pain, suffering and emotional distress
  • Disability and disfigurement

If you or a loved one has sustained a serious brain injury, contact Jonathan Scott Smith online or call us at 410-740-0101 today to schedule a consultation.

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.

ADDRESS :

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

  • Call for consultation 410-740-0101