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.

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.

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.

Common Causes of Truck Accidents

Overturned Truck

Factors Most Likely to Cause or Contribute to Commercial Trucking Crashes

The number of big commercial trucks—semis, tractor-trailers, 18-wheelers and big rigs—on the nation’s roadways continues to rise. Industry officials say as m any as two million tractor-trailers are on American highways every day. In 2016, there were nearly 500,000 police-reported crashes involving large commercial trucks. Unfortunately, when a big rig collides with any other type of vehicle, the consequences are often serious and catastrophic.

According to statistics gathered by the National Highway Traffic Safety Administration (NHTSA), the most common causes of major truck accidents include:
• Driver fatigue—Most commercial truck drivers are paid by the mile, so there’s an incentive to spend a lot of time behind the wheel. While there are state and federal regulations limiting time on the road, they are often ignored or disregarded.
• Lack of experience—It takes skill to safely operate an 18-wheeler—unfortunately, too many companies put too many drivers on the road without the requisite experience or training. In addition, veteran drivers can face challenges if they travel on new roads.
• Loading errors—Trucks may be overloaded or may not have loads accurately distributed in a trailer
• Truck maintenance—Drivers are also required to keep maintenance logs and perform regular maintenance, but that can often be neglected as too expensive or time-consuming
• Distracted driving—There are all types of distractions to take a truck driver’s eyes off the road—handheld devices, stereos, roadside attractions.

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 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.

The Fatal Four—Most Common Types of Accidents on Construction Sites

Accidents-on-Construction-Sites

It’s no secret that working in construction, whether it’s single family home or high-rise building projects, is one of the most dangerous occupations in the world. Though there are many different types of risks, statistics show that the majority of fatalities on construction sites stem from four types of accidents:

  • Falls from heights—This is far and away the most likely causes of death on a construction site, with more than a third (36%) of construction site deaths resulting from falls. This includes falls from roofs, upper levels of high-rise construction, ladders and scaffolding, as well as cranes and other devices.
  • Falling objects—Studies show that about one in ten construction site deaths are caused by falling objects, including building materials, tools, debris and even other workers.
  • Exposure to live electrical current—Approximately the same number of workers died from electrocution. OSHA records indicate that the causes include contact with overhead power lines by ladders, scaffolding or equipment, as well as direct contact with live wires.
  • Caught-between accidents—About two percent of construction site fatalities involved workers who were crushed between two objects, such as heavy equipment or machinery, construction materials or debris.

Columbia, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has tenaciously advocated for personal injury victims across Maryland for more than 30 years. He knows that a personal injury can affect every aspect of your life, so he works hard 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 comprehensive legal representation to people who have suffered injury because of the carelessness or negligence 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.

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.

ADDRESS :

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

  • Call for consultation 410-740-0101