Earlier last month, one state supreme court handed down an opinion distinguishing accidents that occur at a hospital but do not involve a breach of a professional medical duty from actions brought under a theory of medical malpractice. In the case, Galvan v. Memorial Hermann Hospital System, the plaintiff was a woman…
Maryland Accident Law Blog
Insurance Company Escapes Liability for Non-Covered Driver
Earlier this month, a California appellate court issued an opinion in a case between accident victims and the insurance company of the at-fault driver. In the case, Nationwide National Insurance Company v. Shimon, the at-fault party’s insurance company was determined not to be liable for the injuries sustained by the…
How to Tell Whether You Have Been the Victim of Medical Malpractice
Doctors, nurses, and other medical professionals are charged with the venerable duty to keep their patients healthy to the best of their ability. Of course, sometimes there is nothing that a medical professional can do to prevent illness or death, since it is the inevitable course of the human existence. However,…
U.S. Supreme Court Discusses Foreign Sovereign Immunities Act in Recent Decision
Earlier this month, the United States Supreme Court decided a case that gave the court occasion to discuss the Foreign Sovereign Immunities Act (the “Act”). The Act is an agreement among nations that limits the liability of foreign governments. The Act generally gives foreign sovereign countries immunity unless the alleged conduct…
Court Holds Slip-and-Fall Plaintiff “Assumed the Risk” of Injury When Visiting Haunted Attraction
Earlier this month in California, an appellate court heard a case brought by a young man who was injured when he tripped and fell after being startled at a haunted attraction. The court ultimately decided that the plaintiff assumed the risk of such an injury by participating in an activity…
Family Receives $9.6 Million after Eight-Day Birth Injury Case
Earlier this month, a California family was awarded $9.6 million after an eight-day trial culminating in the judge finding that the doctor was negligent in the delivery of their child. According to one local California news source, the young girl, who is not three years old, will never be able…
Court Dismisses Plaintiff’s Case Based on Recreational Use Statute
Earlier this month, an appellate court in Vermont decided a case implicating the state’s recreational use statute. In the case, Symonds v. City of Pawtucket, the plaintiff was the mother of a young girl who was injured while she was playing on a playground on city property. The mother filed a…
Court Opts Not to Apply Medical Malpractice Requirements in Hospital Slip-and-Fall Case
Earlier this month, the Supreme Court of Texas decided a case that illuminated the intersection between two different areas of personal injury law. Ultimately, the court determined that a slip-and-fall accident that occurs at a hospital does not fall within the hospital’s provision of health care and therefore should not…
Two Killed in Glen Burnie Head-On Collision; Alcohol Suspected To Be a Factor
Late last month on Halloween, two vehicles collided head-on in Glen Burnie, killing both drivers. According to one local news source, the accident occurred on Solley Road near where it meets Chestnut Springs Lane. The fatal accident claimed the lives of both drivers, and the three passengers involved in the accident…
Man Recovers $9.1 Million in Medical Malpractice Lawsuit
Earlier this month in Minnesota, a former auto mechanic who filed a medical malpractice action against a treating physician received a jury verdict in his favor, awarding him over $9 million in damages. According to one local news source reporting on the case, the man sued his anesthesiologist after he…