Recovering Damages for Misdiagnosis or Failure to Diagnose an Injury or Illness

Failure to Diagnose an InjuryWhen you seek medical treatment because of an accident or concerns about health irregularities, you expect that, at a minimum, your condition won’t get worse because of carelessness or negligence on the part of a medical professional. Unfortunately, it happens far too often. In the haste to push a number of patients through the system, doctors often neglect to take basic, accepted measures to properly diagnose an illness or injury. This can happen in a number of different ways:

  • A doctor may fail to order reasonable tests
  • A physician may incorrectly read or interpret test results
  • Charts may get mixed up or misplaced
  • A doctor may fail to anticipate related conditions

Proven Baltimore County Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively protected the rights of personal injury victims across the state of Maryland for over three decades. Attorney Smith is a member of the Million Dollar Advocates Forum, an honor bestowed on less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements. A highly experienced trial attorney, Smith knows the impact a personal injury can have on every part of your life, and will fight to get full and fair compensation for all your losses. He has the skill, knowledge, experience and resources to successfully argue your claim in court.

The American Institute of Personal Injury Attorneys has listed him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.” He has been included among the top 100 lawyers in Maryland by Super Lawyers, and was a Top Rated Lawyer by The American Lawyer Magazine in 2012.

The National Trial Lawyers Association, a “by invitation only” professional organization, has honored Smith as one of the top 100 attorneys in the state of Maryland. He has a 10.0 (Superb rating) as a litigation attorney from AVVO and has also received the Client’s Choice Award from AVVO, with an average client review of 5 stars. He has been AV-rated (the highest rating possible) by his other lawyers under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also earned Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys in that directory.

Top-Rated Columbia, MD Premises Liability Injury Lawyer

We offer comprehensive legal counsel to anyone who has suffered a needless injury because of the carelessness or negligence of others. Send us an e-mail or call us at 410-740-0101 to schedule an appointment. We represent slip and fall injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Maryland Law Requires Tamper-Resistant Smoke Alarms in Apartments

Smoke Alarm Must Be Sealed—Landlord Can Be Cited, Fined or Even Incarcerated

Smoke Alarms in ApartmentsUnder the Maryland Smoke Alarm Law, enacted in 2013, Maryland homeowners, including landlords, must install tamper-resistant smoke alarms. The required alarms have a sealed 10-year battery that cannot be removed. The alarms have a temporary hush button to allow them to be reset after a non-emergency alarm, such as cooking steam or smoke. A building owner or even a tenant in an apartment may be charged with a misdemeanor for failure to have the proper alarm installed. Penalties include 10 days in jail and a potential fine of $1,000.

Landlords and residents can also be civilly liable for any injuries suffered in a fire, should a home or apartment not have the required smoke alarm.

Proven Carroll County, Maryland Accidental Injury Attorney

Jonathan Scott Smith, a Maryland Super Lawyer, has aggressively represented personal injury victims in and around the Baltimore metropolitan area for more than 30 years. He is a skilled, experienced and respected trial lawyer with reputation for getting positive results at trial.

Smith has been AV-rated (the highest rating possible) by his fellow attorneys under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also been honored with Martindale-Hubbell’s Client Distinction Award, an award given to less than 4% of all attorneys listed there. The National Trial Lawyers Association, a “by invitation only” professional organization, has named him one of the state’s top 100 attorneys.

Attorney Smith has earned a 10.0 (Superb rating) as a litigation attorney from AVVO, as well as AVVO’s Client’s Choice Award from AVVO, with an average client review of 5 stars. Smith has been named one of the top 100 lawyers in Maryland by Super Lawyers, and was listed as a Top Rated Lawyer by The American Lawyer Magazine in 2012. The American Institute of Personal Injury Attorneys listed him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.” He belongs to the Million Dollar Advocates Forum, given to less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements.

Effective Ellicott City Personal Injury Accident Lawyer

If you have been hurt because of the wrongful act of another person, 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 Georges County and Montgomery County in Maryland.

The Damages Available in a Wrongful Death Action in Maryland

Wrongful Death Action in MarylandIn the aftermath of an accidental or wrongful death in Maryland, qualified survivors may seek damages for certain losses. As we indicated in an earlier blog, the approach in Maryland involves two separate claims—a survival claim and a wrongful death lawsuit. The survival claim seeks damages for any pain and suffering the deceased experienced as a result of the accident, but before death. It also allows the estate to recover compensation for burial and funeral expenses. The wrongful death action seeks compensation for lost support, as well as the loss of companionship and consortium. Maryland caps non-economic damages at $2 million.

Top Rated Columbia, Maryland Personal Injury Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims across the state of Maryland for over three decades. He knows the impact a personal injury can have on every part of your life, and will fight to get full and fair compensation for all your losses. An experienced trial attorney, he has the skill, knowledge, experience and resources to successfully argue your claim in court.

  • Maryland Super Lawyer .
  • Top 100 Lawyers in Maryland by Super Lawyers (2014)
  • 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 reviews 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).
  • “10 Best Attorneys in the State of Maryland in Client Satisfaction,” American Institute of Personal Injury Attorneys.
  • 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 (Every year since 1988).
  • The Million Dollar Advocates Forum (Awarded to fewer than 1% of U.S. Attorneys who have Obtained Multi-Million Dollar Verdicts, Awards and Settlements).

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

Top-Rated Baltimore, MD Premises Liability Injury Lawyer

We offer comprehensive legal counsel to anyone who has suffered a needless injury because of the carelessness or negligence of others. Send us an e-mail or call us at 410-740-0101 to schedule an appointment. We represent slip and fall injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Who Can Sue for Wrongful Death in Maryland?

Who Can Sue for Wrongful Death in MarylandWhen someone dies because of the careless or wrongful act of another person, it can have a significant impact on many lives. Can anyone who has been affected by the accidental death seek compensation for their losses? What are the criteria for qualifying to bring a wrongful death lawsuit in Maryland and who can sue?

In Maryland, wrongful death claims take two different forms:

  • The estate of the deceased may bring what is known as a “survival action.” Such a lawsuit seeks compensation for funeral and burial expenses, as well as any pain or suffering incurred by the deceased as a result of the accident, but before death.
  • Certain survivors of the deceased may bring a “wrongful death” lawsuit. The damages available in this type of legal action include loss of support, as well as loss of companionship or consortium.

In Maryland, the surviving spouse, parents and children of the deceased are considered “primary beneficiaries.” They may file both a survival action and a wrongful death lawsuit. Other relatives have the status of secondary beneficiaries. A secondary beneficiary will only have a survival or wrongful death claim if there are no living primary beneficiaries.

Top Rated Prince Georges County, Maryland Personal Injury Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in and around the greater Baltimore area for more than three decades. He is a skilled and experienced litigator with the proven ability to obtain positive results at trial.

  • Maryland Super Lawyer .
  • Top 100 Lawyers in Maryland by Super Lawyers (2014)
  • 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 reviews 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).
  • “10 Best Attorneys in the State of Maryland in Client Satisfaction,” American Institute of Personal Injury Attorneys.
  • 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 (Every year since 1988).
  • The Million Dollar Advocates Forum (Awarded to fewer than 1% of U.S. Attorneys who have Obtained Multi-Million Dollar Verdicts, Awards and Settlements).

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

Effective Columbia, MD Personal Injury Attorney

If you have been hurt because of the wrongful act of another person, 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 Georges County and Montgomery County in Maryland.

Study Finds Long-Term Effects of Concussions in Young Adults

Long Term EffectsA recent study of young adults with a history of traumatic brain injuries brought on by concussions offers evidence that those types of injuries can lead to long-term and persistent cognitive challenges. The study, reported in the European Journal of Neuroscience, looked at a group of 18-24-year-olds who had each sustained at least two concussions. Researchers compared them to a control group of the same age comprised of people who had suffered no concussions.

In the study, researchers monitored brain wave activity with an electroencephalogram (EEG) while subjects carried out a number of tasks, including identifying colors and shapes. The scientists sought to determine the impact of prior concussions on attention span, memory, planning, inhibition, flexibility and performance. They concluded that those individuals who had sustained prior concussions consistently underperformed the control group, with clear deficits in the processing of information and accuracy of response.

Proven Baltimore County Personal Injury Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has fought for personal injury victims throughout Maryland for more than 30 years, including individuals who have suffered any type of traumatic brain injury. He understands the potential impact a personal injury can have on of your life and will work hard to get compensation for all your losses.

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

Top-Rated Columbia, Maryland, Accident Injury Lawyer

We offer comprehensive legal counsel to anyone who has suffered a needless injury because of the carelessness or negligence of others. Send us an 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.

The Standard of Care in a Medical Malpractice Claim

Medical Malpractice ClaimWhen you suffer from any illness or injury and seek medical attention, you anticipate a level of care and professionalism. You understand that there may be no effective treatment for your malady, but you expect that, at a minimum, your condition won’t get worse because of the carelessness or negligence of a medical professional. Unfortunately, as medicine becomes more and more of a for-profit enterprise, corners get cut and people suffer.

In a personal injury lawsuit, the first thing you need to show is that the defendant (the person at fault) did not exercise the level of care expected. In most personal injury claims, that level of care is what would be reasonably expected of an ordinary person. However, with respect to the actions of medical professionals, there’s a higher standard to which they must be held. As developed by the courts, that standard requires that a doctor, nurse or other medical professional employ the same level of care that a reasonably competent and skilled medical professional, with similar training and experience, would use within the same medical community. The determination as to whether that standard was met is typically made by a jury, often based on expert testimony from medical witnesses.

Effective Ellicott City, Maryland, Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in Maryland for over three decades, including individuals who have been hurt because of the wrongful acts of medical professionals. As a testament to his longstanding record of obtaining positive results, attorney Smith has received the Client’s Choice Award from AVVO, with an average client review of five stars (the highest rating possible). AVVO has given him a perfect 10.0 superb rating as a litigator and he’s also AV-rated under Martindale-Hubbell’s Peer Review Rating System. He’s a Maryland Super Lawyer and was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine.

Proven Columbia, Maryland, Personal Injury Lawyer

If you have been hurt because of the carelessness or negligence of another person, 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 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.

Winning a Personal Injury Claim—Part Three—The Requirement of Actual Losses

A person getting injured

In the first two parts of this series, we looked at the initial requirements in a personal injury claim based on negligence—you must show that the defendant failed to meet (or breached) the standard of care that a reasonable person would in similar circumstances; and you must show that the breach of care caused an accident that involved you. However, you may be able to prove both of those elements, but still fail in an attempt to recover damages, because you must also show that you suffered some actual loss.

To understand actual loss, it’s necessary to examine the purpose of a personal injury lawsuit—essentially, to put the injured person in the same position they were in before the accident. The “damage” award, then, is designed to compensate the injured party for past, present and future losses. If you can’t show any such loss—you were in a car accident caused by someone else’s negligence, but you didn’t miss any work, didn’t incur any medical expenses, did not experience any pain or suffering, and had no damage to your vehicle (you were a passenger in another vehicle, perhaps)—you don’t have anything for which you need to be compensated.

In addition, if you had losses, but they were all covered by insurance, you won’t have a claim, though the insurance company may.

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.

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.

ADDRESS :

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

  • Call for consultation 410-740-0101