Medical Malpractice in Maryland

The Different Types of Damages Available

Medical Malpractice in MarylandIn Maryland, as in other states, when you file a personal injury lawsuit, including a claim for medical malpractice, there are three types of damages you can seek: economic, non-economic, and punitive:

  • Economic damages are losses that are easily calculated—tangible costs such lost wages and income, unreimbursed medical expenses, and any costs to retrofit your home, car, or other property to accommodate your injury. These losses are typically determined from pay stubs, medical bills, and actual costs of home/car modifications. In a medical malpractice lawsuit in Maryland, there is no cap or limit on the amount of economic damages you can recover.
  • Non-economic damages are less tangible and more difficult to calculate and include such things as:

    • Pain and suffering—compensation for chronic or continual pain or discomfort related to injuries suffered
    • Loss of enjoyment of life—the inability to engage in activities that previously brought you joy, satisfaction, meaning, or pleasure
    • Loss of companionship or consortium—the ability to be physically intimate with or close to those you love

    Maryland places a cap on non-economic damages in a medical malpractice claim. For non-fatal medical malpractice claims, the most you can recover for non-economic damages in 2021 is $845,000. If the medical negligence causes death, you can recover upto $1,056,250.

  • Punitive damages are rarely available in personal injury claims in Maryland, as they require proof that the defendant acted with “actual malice,” a difficult standard to meet.

Proven Maryland Medical Malpractice Lawyer

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively protected the rights of medical malpractice and other personal injury victims in Baltimore and across the state of Maryland for more than three decades. He has earned the highest respect from his colleagues in the legal profession, who consistently give him an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Mr. Smith has also proven himself with his clients, receiving the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 (Superb) rating from AVVO as a trial attorney and has been named a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Baltimore County Medical Negligence Attorney

If you have suffered needless injury because of the negligence or carelessness of a medical professional, 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-Fall Accidents in Maryland Winter Weather

Reducing the Risk of Injury in Icy or Snowy Conditions

Slip-and-Fall Accidents in Maryland Winter WeatherIn Maryland winters, temperatures can regularly fluctuate above and below freezing, creating the risk of injury on icy or snowy sidewalks, steps, parking lots, and other pedestrian thoroughfares. There are, however, some steps you can take to reduce the risk of slipping and falling.

  • Pay attention to your footwear—When it’s cold outside, it’s best to have insulated boots with a good rubber sole. If your footwear isn’t insulated, the warmth from your feet may cause snow or ice to melt and either soak through your shoes or refreeze, both conditions that can lead to serious injury. Additionally, rubber gives you more traction than leather or plastic, but make certain it’s not worn and hasn’t hardened with time.
  • Use salt or sand to keep areas free of ice and snow—Apply liberally to places where ice and snow tends to accumulate.
  • Take it slowly—It’s better to get there a little late. Shortening your stride gives you more traction and better balance. Take steps one at a time, putting both feet on one step before ascending or descending to the next.

Experienced Maryland Slip-and-Fall Injury Lawyer

Maryland SuperLawyer Jonathan Scott Smith has aggressively protected the rights of personal injury victims in Baltimore and across the state of Maryland for more than 30 years. Well-respected by other lawyers, Smith is AV-rated (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System. His proven skills and dedication to his clients have earned him the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars(the highest possible), as well as a perfect 10.0 (Superb) rating from AVVO as a trial attorney. He has also been named a Top-Rated Lawyer by The American Lawyer magazine.

Results-Oriented Premises Liability Attorney in the Greater Baltimore Area

If you’re hurt in a slip-and-fall in Maryland, 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.

Car Accidents in Maryland Winters

Is There a Greater Duty of Care for Motorists in the Winter?

Car Accidents in Maryland WintersSnow and ice are a normal part of winter in Maryland, but it often seems that many drivers here forget how much impact wintery conditions can have on operating a motor vehicle. Do drivers have a higher standard of care when traveling on snow-covered or icy roads than they do the rest of the year? In a way…yes.

The Standard of Care for Motorists in Maryland

Under the legal principle of negligence, all persons in Maryland, including motorists, have a duty to act as a reasonable person would given the circumstances. The law doesn’t specifically define what qualifies as “reasonable” but equates it with what an “average person of ordinary prudence” would do. When considering whether a party’s actions are reasonable, the court will look at all the surrounding circumstances, including the weather and the prevailing road conditions. If there’s snow or ice on the roads, the court must ask what a reasonable person would do while driving on roads under the same conditions. That might require traveling at lower speed, traveling further behind the car in front of you, and making certain that brakes, lights, and other equipment are functioning properly. Accordingly, while the “reasonable person” standard applied by the court is still the same when an accident occurs in winter, the conclusion may be different than an accident occurring in summer because the road and weather circumstances differ.

Experienced Baltimore Motor Vehicle Accident Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, has consistently obtained positive results for personal injury victims in Baltimore and across the state of Maryland for more than 30 years. Attorney Smith is well-respected by other lawyers, carrying an AV-rating under MartindaleHubbell’s Peer Review Rating System. His hard work and dedication to his clients has earned 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) rating from AVVO as a trial attorney. He has also been named a Top-Rated Lawyer by The American Lawyer magazine.

Proven Car Crash Lawyer in Maryland

If you’re hurt in a Maryland automobile wreck, 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.

Slip-and-Falls on Property in Maryland

The Legal Duties Owed to Different Visitors

slip-and-falls-on-property-in-marylandIn Maryland, as in other states, property owners owe certain duties to individuals legally on their property. The duty is different, however, based on the “status” of the visitor:

  • Business invitees—An invitee is a person who has actually or constructively been “invited” to come on commercial property, including store customers who enter the premises for purposes related to the business. Property owners owe the highest duty to invitees. They are required to reasonably monitor and inspect property for potential dangers and either fix the dangers or warn visitors.
  • Licensee by invitation—This category includes social guests who enter the property with the permission of the owner. A party guest qualifies as a licensee by invitation. The property owner has no duty to monitor or inspect property but must take reasonable steps to either remedy any danger or warn visitors of the potential risk.
  • Bare licensee—This type of visitor has the owner’s permission to be on the property but is there solely for his own reason or benefit. The classic example is the door-to-door salesperson. The property owner may not intentionally hurt the bare licensee and must not bring about conditions that pose a risk of injury without warning the visitor.

There is another type of visitor—the trespasser. A property owner, however, has no duty to a person who enters the property without permission, other than to refrain from inflicting intentional injury.

Experienced Baltimore Slip-and-Fall Attorney

Attorney Jonathan Scott Smith, a longtime Maryland SuperLawyer, has advocated for the rights of personal injury victims in Baltimore and across the state of Maryland for more than three decades. Named a “Top-Rated Lawyer” by The American Lawyer magazine, he is AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System and has earned the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). AVVO also has given him a perfect 10.0 (Superb) rating as a trial attorney.

Proven Premises Liability Lawyer in Maryland

If you’re hurt in a slip-and-fall on residential or commercial property, 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.

Truck Accidents in Maryland

Getting Evidence from the Truck’s Black Box

Truck Accidents in MarylandIn any personal injury lawsuit, the accumulation and preservation of evidence is essential. In a truck accident case, many factors might have contributed to the crash, so the more you can find out about how the truck was being operated at the time, the better chance you’ll have to clearly determine the cause of the accident.

It may come as a surprise to learn that many commercial trucks are now equipped with a device known as an “event data recorder” (EDR), similar to the black boxes found on commercial airplanes. The EDR typically records information about:

  • the rate of speed of the truck, before and at the time of impact;
  • whether the truck driver employed the brakes before or at the time of the crash, which can be an indication of whether the truck driver was distracted at the time of the accident;
  • how much time was spent on the road before the crash, which can indicate whether driver fatigue was a potential cause of the accident; and
  • whether a seatbelt was used or an airbag deployed.

Experienced Baltimore Truck-Accident Attorney

Attorney Jonathan Scott Smith, consistently named a Maryland SuperLawyer, has aggressively fought for the rights of personal injury victims in Baltimore and across the state of Maryland for more than 30 years. He is highly respected by his colleagues in the legal profession, carrying an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Mr. Smith has earned the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), and he has a perfect 10.0 (Superb) rating from AVVO as a trial attorney. He also has been honored as a “Top-Rated Lawyer” by The American Lawyer magazine.

Results-Oriented 18-Wheeler-Accident Lawyer in Maryland

If you’re hurt in a Maryland tractor-trailer or big-rig crash, 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 Countyand Montgomery County in Maryland.

Season’s Greetings and Happy New Year

Season's Greetings and Happy New Year

Proving Medical Malpractice in Maryland

The Higher Standard of Care for Medical Negligence

Proving Medical Malpractice in MarylandWhen you seek medical treatment for an injury or illness, you expect, at a minimum, that your healthcare provider won’t make your condition worse through their own negligence. It unfortunately happens, though, whether by human error, understaffing, or other carelessness.

When you file a legal claim to recover losses caused by someone else’s wrongful act, the lawsuit is usually based on the principle of negligence. To prove negligence, you must show three things:

  • the at-fault party did not meet the standard of care expected in society,
  • the failure to meet the standard of care caused an accident, and
  • the accident caused actual loss.

In most negligence claims, the standard of care is measured by comparing the conduct of the defendant to what an ordinary person of average prudence would have done in similar circumstances. In a medical malpractice claim, though, the standard is higher. To prove medical negligence, you must show that the defendant’s actions were not consistent with the conduct expected of a reasonably competent and skilled medical professional with the same training and experience practicing in the same medical community.

Experienced Ellicott City Personal Injury Lawyer

Maryland SuperLawyer Jonathan Scott Smith has protected the rights of personal injury victims, including people injured by medical carelessness, for more than three decades, representing clients across the state of Maryland. He has an AV-rating (the highest possible) from his colleagues in the legal community under Martindale-Hubbell’s Peer Review Rating System and has been awarded the prestigious Client’s Choice Award from AVVO, with an average client review of (the highest rating possible). He’s also been named a Top-Rated Lawyer by The American Lawyer magazine and carries a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Proven Medical Malpractice Attorney in Maryland

If you suffer loss because of the wrongful acts of a medical professional in Maryland, 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.

Motorcycle Accident Claims in Maryland

The Unique Challenges of Recovering Damages

Motorcycle Accident Claims in MarylandMotorcycle accidents are almost always the result of negligence by another driver, the manufacturer of the bike (or some component of the bike), or the person or entity responsible for maintaining a roadway. Though the principles of negligence remain the same, certain unique issues that can make it more difficult to fully recover for losses caused by a motorcycle accident, as opposed to other vehicle accidents, which is why you want an experienced attorney to protect your rights.

  • Cultural bias against “bikers” — Motorcyclists are, in general, a different breed and may be subject to stereotyping by jurors and opposing counsel. You want an attorney who knows how to minimize that.
  • Special challenges establishing the cause of the accident and injuries — Questions can arise regarding the extent to which failing to wear a helmet aggravated injuries or whether the crash was caused by gravel or potholes.
  • Injury types can be significantly different — Because there’s little between you and the road, chances are your injuries will be serious and likely to include road rash or permanent scarring or disfigurement.

Experienced Baltimore County Motorcycle-Accident-Injury Attorney

A Maryland SuperLawyer, Jonathan Scott Smith has fought for the rights of personal injury victims, including people hurt in motorcycle wrecks, for more than 35 years, representing clients across the state of Maryland. He has an AV-rating (the highest possible) from other attorneys under Martindale-Hubbell’s Peer Review Rating System and has received the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars(the highest rating possible). He’s also been named a Top-Rated Lawyer by The American Lawyer magazine and carries a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Proven Motorcycle Crash Lawyer in Maryland

If you’ve been hurt in a motorcycle wreck in Maryland, 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.

Happy Thanksgiving

Happy Thanksgiving

Drunk Driving Accidents

Proving Liability and Recovering Compensation

Even though there have been many public service campaigns to reduce the risk of drunk driving,it remains one of the leading causes of motor vehicle accidents. The National Highway Traffic Safety Administration (NHTSA) reports that about 800 people are hurt nationwide every day in motor vehicle accidents involving the use of alcohol, with about 4% of those accidents causing a fatality.

Establishing Liability

Though a conviction for DWI/DUI is evidence of fault, it doesn’t necessarily allocate all responsibility to the drunk driver. Maryland is one of a handful of states that follow the legal principle of contributory negligence, which means that if it can be shown you were partially responsible for the crash, you may recover limited damages or no damages at all.

Recovering Compensation

The NHTSA also reports that up to a third of all persons convicted of drunk driving are repeat offenders. Because auto insurance premiums rise so dramatically after a conviction for drunk driving, it’s not uncommon for a drunk driver to be underinsured or have no insurance at all. In those situations, you may need to look at other potentially liable parties for compensation:

  • The bar or other establishment that served the driver alcohol
  • The driver’s employer, if the accident occurred during the course of employment
  • The manufacturer or designer of any dangerous or defective product that caused or contributed to the accident
  • The party responsible for maintaining the roads, if the accident was caused by a roadway defect

Experienced Baltimore County DUI/DWI Motor Vehicle Accident Lawyer

Maryland SuperLawyer Jonathan Scott Smith offers more than three decades of experience to men and women in the greater Baltimore area and across the state of Maryland who are hurt in motor vehicle accidents involving the use of alcohol. AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System, attorney Smith has been awarded the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars(the highest rating possible). Named a Top-Rated Lawyer by The American Lawyer magazine, he also has a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Proven Drunk Driving Accident Attorney in Maryland

If you’re hurt in a car accident caused by a drunk driver in Maryland, 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