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Bowie Maryland Legal Blog

Intersections a common site for motor vehicle accidents

There are thousands of intersections in Maryland. It is no secret that these locations are high risk for motor vehicle accidents. Especially if multiple vehicles approach an intersection simultaneously, disaster can occur if any one of the drivers is not paying attention or is acting in a reckless manner. 

Investigators are trying to determine what or who may have been the cause of a recent intersection collision in Berlin. Sadly, a person died in the crash that took place between two vehicles. One vehicle carried a 73-year-old man behind the wheel, and the the other was a tow truck operated by a 58-year-old man.

Improper care can lead to medical malpractice

The anticipated birth of a child can be one of the most joyous times in a person's life. The hope is always that a child will be born healthy and expectant mothers trust their doctors to provide care that gives the best chance of a healthy outcome for both mother and child in Maryland. A medical malpractice case in a neighboring state alleged that doctors did not adequately perform to that expectation.

A woman entered a military hospital in labor. She apparently had no cause to believe that her delivery would be anything but normal. Yet her child was born with a severe brain injury. He suffers from cerebral palsy and other neurological deficits. The parents brought a medical malpractice claim against the hospital and the doctors.

Medical malpractice settlement cannot ease the pain

The birth of a child is one of the most eagerly anticipated events in anyone's life. The hope is that the baby will be born healthy, but sadly this is not always the case in Maryland or elsewhere. A recent case of a baby born in another state resulted in a medical malpractice case that originated when a cancer treatment was reportedly improperly administered.

A few months after the child's birth, the baby girl was diagnosed with acute lymphoblastic leukemia. The prescribed treatment included chemotherapy administered via spinal injection. Following one such treatment, the child's mother became concerned when the infant became fussy and was not moving her legs. A doctor's examination revealed that the baby had suffered a spinal cord injury causing partial paralysis.

How you present yourself in court affects child custody

During a divorce, emotions often run high. You have much at stake when it comes to the outcome, especially if you have children. You may have tried to work out your child custody with your future former spouse without going to court, but the negotiations didn't go well.

Now, you face going to court in order to resolve the issue. How you present yourself in court will make a difference. Yes, you should dress appropriately and have your documentation together, but there is more to it than that. The court needs to see that you will put the interests of your children ahead of your own.

Lack of financial knowledge can impact a high-asset divorce

Divorce can be very stressful and very expensive. There are steps that a person in Maryland can take to help assuage the financial stressors that can occur in a high-asset divorce. One of the most important things is to have awareness regarding both long and short-term finances.

A recent study by Fidelity showed that lack of knowledge of day-to-day expenses caused significant problems for those people post-divorce. Financial recovery took significantly longer than for those who were familiar with the day-to-day household budgets and expenses. Likewise, a lack of familiarity with long-term financial planning and retirement savings led to challenges in post-divorce life.

Preventable brain damage can lead to medical malpractice

The birth of a child is one of the most anticipated events in a person's life. The nine months leading up to the birth are full of planning, doctor visits and excitement in Maryland. The birth of a healthy child is the expected outcome. In a recent case in another state, a child was born with severe brain damage that may have been preventable. A medical malpractice suit was recently settled.

The woman in this case went into labor and was admitted to the hospital. After prolonged labor, the baby was delivered the following day. According to the suit, the staff did not realize that the baby was in distress. The suit alleged that the failure of the staff to realize the baby's distress resulted in the child being born with severe brain damage.

Military personnel now have path to claim medical malpractice

Serving in the military is definitely a career choice that comes with some risks. And it is reasonable that a soldier would not be able to file a claim for an injury received on the battlefield. A new law that went into effect on Jan. 1, 2020 in Maryland and in the rest of the country does allow for filing claims against military doctors for negligence or medical malpractice.

The first claim came from the man for whom the legislation was named, Richard Stayskal. He is suffering from stage 4 lung cancer and claims that the illness could have been detected and treated sooner. He underwent a routine physical at Womack Army Medical Center in 2017. The cancer went undetected. His health declined following that exam and he consulted a civilian physician who diagnosed the cancer.

Members of the military have redress for medical malpractice

A new year has arrived and with it are new laws that went into effect at midnight on January 1, 2020. One such law, the National Defense Authorization Act, allows members of the military in Maryland, and around the country, to file limited medical malpractice claims for death or medical injury that may have been caused by military medical staffs in military hospitals. The legislation does not allow for claims for injuries suffered while in a war zone.

In addition, members of the military may not file suit for medical malpractice in federal court. The claims must be handled administratively within the military. A successful claim for an amount of less than $100,000 may be paid by the Department of Defense directly to the injured member of the military or a survivor. Claims greater than $100,000 will be reviewed by the Treasury Department.

Anesthesia failures can result in medical malpractice

People enter hospitals every day for surgical procedures in Maryland. Some of these procedures are performed because of an emergency situation, and some procedures are elective. One feature surgeries in general typically have in common is the need for some form of anesthesia. Successfully administered anesthesia is critical to the successful outcome of an operation, and an error in administering anesthesia can cause permanent damage or death, and result in a medical malpractice lawsuit.

Communication between patients, families and medical staff can contribute to the successful outcome of a procedure and to enabling an anesthesiologist to successfully do his or her job. Information such as medical history, known allergies and other issues can yield valuable and sometimes lifesaving information. Pre-operative assessments are intended to inform a medical staff of issues that may impact how anesthesia is handled.

Mediated divorce may not work in your situation

Like many in Maryland, you may be considering big changes for the new year. Perhaps one of those changes involves getting out of your marriage. While not an easy decision to make, divorce may allow you the fresh start you have been hoping for in recent years. If you have discussed your situation with friends, co-workers or family members, you have likely heard the suggestion to take your divorce through mediation rather than the traditional litigated divorce.

Mediation is certainly a more peaceful, less contentious method of ending your marriage. You and your spouse negotiate the issues, such as child custody, asset division and support payments with the assistance of a trained mediator. Mediation is often faster, cheaper and more satisfying than going to court. However, in certain circumstances, mediation may not be the best idea.

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