Maryland High Court to Review Physician Liability Standard

Baltimore County Circuit Court Decision under Appeal

Review-Physician-Liability-Standard

As the law of personal injury has evolved, particularly with respect to medical professionals, a distinction has long been in place between the duty of care expected of ordinary citizens and the duty of care expected of physicians and nurses. In personal injury cases in general, there’s a duty imposed on the defendant to use a reasonable standard of care. When the defendant is a medical professional in the course of his or her duties, though, the standard has long been higher—that of a reasonably competent physician with similar training and experience, practicing in the same location. That may all be about to change.

In a trial in Baltimore County Circuit Court, attorneys for an injured man asked the judge to instruct the jury to consider what a lay person would deem reasonable, thereby applying the general standard in a medical malpractice claim. The jury returned a verdict for the injured party and that decision was appealed. The appellate court concluded that the instruction was improper and ordered the case retried. That decision is now before the Maryland Supreme Court.

Advocates for the lower court’s decision say the standards for doctor’s are unnecessarily high, allowing them to be careless without consequence. Opponents argue that lowering the standard of care would result in a substantial increase in the number of meritless claims against physicians.

Results-Oriented Baltimore, Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has aggressively protected the rights of personal injury victims in Maryland for over three decades. As a testament to his ability to get positive results for his clients, Attorney Smith has received the 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 as a litigator from AVVO, and has also received an AV-rating from his colleagues in the legal community under Martindale-Hubbell’s Peer Review Rating System. Attorney Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Anne Arundel 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.

Winning a Personal Injury Claim—Part One

Injury Claim—Part One

If you’ve been injured because of the actions of another person, you may have a right to bring legal action to recover for your losses. In most instances, such a lawsuit will be based on a legal theory of negligence. To successfully argue a negligence claim, you need to prove three things:

  • That the defendant (person whose actions caused your injury) failed to act reasonably under the circumstances
  • That the accident occurred because of the defendant’s breach (failure to act reasonably) of the duty of care
  • That you suffered actual injury in the accident

As a general rule, all persons in society are expected to act as a reasonable person would in the same situation. There’s no specific legal rule or standard—it’s determined on a case-by-case basis, typically by the jury.

Ellicott City, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has protected the rights of personal injury victims in Maryland for more than 30 years. 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.

Smith has been recognized as a Top-Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell. 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 also 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.

Top-Rated Maryland Motor Vehicle Accident 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.

Causation in a Personal Injury Claim

Causation in a Personal Injury ClaimWhen you file a personal injury lawsuit, you must first show that the at-fault party failed to act as a reasonable person—that their conduct was below what would be considered reasonable in society. In addition, you must show that the breach of duty caused you to suffer an injury.

Under the law, there are two types of causation—actual cause and proximate cause—and you must show both. Actual cause, also known as “but for” cause, simply asks the question whether the accident (and your injury) would have occurred in the absence of the defendant’s breach of the standard of care. Proximate cause is a bit more complex, looking at whether or not the consequences (your injury) were reasonably foreseeable as a result of the breach.

Personal Injury Lawyer in Ellicott City, MD

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 Motor Vehicle Accident Attorney in Maryland

We offer comprehensive 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.

The Standard of Care in a Personal Injury Lawsuit

The Standard of Care in a Personal Injury LawsuitIf you have suffered an injury because of someone else’s carelessness of negligence, you will most likely bring a lawsuit under a legal theory of negligence. To successfully prove negligence, you must first show that the defendant (the wrongdoer) breached his or her duty or standard of care. Under long-established law, there is a duty owed by everyone in society to act reasonably. This applies to all conduct. Accordingly, if you are behind the wheel of a car, you have a duty to drive as a reasonable person would. If you own a home or commercial building, you must reasonably monitor and maintain the premises to minimize the risk of injury to others.

In a lawsuit, it’s the finder of fact (typically the jury) that determines whether the defendant’s conduct complied with or breached the standard of care.

Top-Rated Personal Injury Attorney in Columbia, MD

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of injured people in Maryland for more than three decades, including people who have hurt in a motor vehicle accident. Because of his record and reputation for effective representation, he has been awarded 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 has also built an outstanding reputation with his colleagues in the legal profession, earning 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.

Baltimore County, Maryland, Motor Vehicle Accident Lawyer

If you have been hurt in a car or truck accident, 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.

Bicyclist Dies in Hit and Run Accident

Bicyclist Dies in Hit and Run AccidentPolice are still looking for the driver of a vehicle that struck a bicyclist in Towson on Monday night. The 20-year-old victim was riding his bicycle at approximately 10:30 pm in the 6200 block of Charles Street, when witnesses say he was struck from behind by a motorist, who did not stop. The man was then hit by a second car. The driver of that vehicle stayed on the scene.

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.

Singing Doctor Killed in Crash

Singing Doctor Killed in CrashA 29-year-old resident at the family practice program at Riverside Brentwood Medical Center, who had auditioned for the hit show “America’s Got Talent,” has died in a one-car crash on Maryland Hwy 295 near Hanover. On June 9, Brandon Rogers had just finished his first year of the three year program, and had performed the national anthem a capella at the hospital graduation ceremony. Officials say he then left with friends to go to a family function in Maryland. Around 4:30 am on the morning of June 10, the car in which he was traveling went off the road and struck a tree head-on. Police speculate that the driver fell asleep at the wheel. Rogers was a passenger in the front seat.

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 burn injury. 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, Medical Malpractice 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.

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.

Courts Address Social Host Liability

Courts-Address-Social-Host-Liability

Though the Maryland legislature has yet to take action to allow lawsuits against establishments that serve alcohol to people who subsequently cause death or injury in motor vehicle accidents, the Maryland courts are trying to remedy the situation. Two recent decisions by the Maryland Court of Appeals have officially recognized legal responsibility based on social host liability. In essence, the court has said that individuals who serve alcohol at private parties ultimately have some responsibility if attendees get intoxicated and either hurt others or make bad decisions themselves.

In Dankos v. Staph, the court found that a defendant who allowed a 17-year-old boy to drink too much at a party at her home could potentially be liable for his death. The boy died as a passenger in a truck driven by another party attendee, who was also drunk. The boy’s mother argued that he would not have made the bad decision had he not been served alcohol.

In Kiriakos v. Brandon Phillips, the defendant was a 26-year-old co-employee of an 18-year-old. The 26-year-old provided alcohol to the 18-year-old, who subsequently got behind the wheel of an SUV and seriously injured a woman out walking her dog.

The court sent both cases back to trial with the instructions that dram shop laws can be applied to social host liability.

Top-Rated Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of injured people in Maryland for more than 30 years. Because of his record and reputation for effective representation, he has been awarded 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 has also built an outstanding reputation with his colleagues in the legal profession, earning 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.

Personal Injury Lawyer in Ellicott City and Columbia, MD

At the office of attorney Jonathan Scott Smith, we aggressively protect the rights of injured people. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. We represent clients in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Cheap Gas Leads to Dramatic Increase in Highway Deaths

Cheap-Gas-Leads-to-Dramatic-Increase-in-Highway-Deaths

Officials at the National Highway Transportation Safety Administration warned nearly two years ago that a prolonged period of lower gas prices would likely lead to a significant rise in injury and death on the nation’s roadways. Unfortunately, their predictions have come true.

According to the National Safety Council, 2015 saw the largest increase in motor vehicle deaths in half a century. Experts say the reasons are not that complex. Cheaper gas prices make driving more attractive than other modes of transportation. The more people on the road, the more accidents you can expect, even if the accident rate remains the same. In addition, because the cheaper gas prices have more of an appeal to younger drivers, who typically have less discretionary income and don’t have to drive for work or other necessities, they are the ones who typically see the highest increases in accidents and fatalities..

Maryland Personal Injury Attorney

Maryland Super Lawyer Jonathan Scott Smith has fought for the rights of personal injury victims for more than three decades. Long known and respected by his peers for effective representation, he has earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Attorney Smith has received the Client’s Choice Award from AVVO stars (the highest rating possible), based on an average client review of 5.0. He has a perfect 10.0 (Superb) rating as a litigation attorney from AVVO. The American Lawyer Magazine and Martindale-Hubbell both listed him as a 2012 Top Rated Lawyer.

Top-Rated Personal Injury Lawyer in Howard County

If you or someone you love has 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. We represent personal injury victims 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