$1.34 Million Verdict Upheld On Appeal

    On February 15, 2011, the Maryland Court of Special Appeals (COSA) upheld the $1.34 million wrongful
    death verdict handed down by the Circuit Court for Prince Georges County in September, 2009 in the
    matter of the Estate of John William Lucas, et al v Dr. Said Daee.  Oral arguments were heard by the COSA
    on January 12, 2011.  In an unreported opinion, COSA held that the Defendant waived his right to raise 
    any of the arguments regarding the basis of any of the expert standard of care testimony by failing to
    object during said testimony.  Furthermore, the court held that even had the Defendant objected, he still
    would have failed due to the fact that the Plaintiff presented the jury with expert testimony which satisfied
    their burden in a medical malpractice case in the state of Maryland.  In addition, the secondary issue raised
    by the Defendant as it pertained to whether or not the jury was prejudiced by several general comments
    made by panelists during the voire dire process was also ruled upon in favor of the Plaintiffs.  Therefore, the
    $1.34 million verdict will stand and the Defendant has been ordered to pay the judgment, plus interest and
    costs.  The $1.34 million verdict will be modestly reduced due to the cap on non-economic damages in the
    state of Maryland.  Both parties agreed to this reduction prior to the appeal. Plaintiffs' were represented at
    trial by Annie Hirsch of the Law Offices of Annie B. Hirsch, and Paul Vettori of Kenny and Vettori.  Oral
    arguments were made by Annie Hirsch on behalf of the Plaintiffs and Karen Turner on behalf of the
    Defendant.

Dallas, TX Personal Injury and Wrongful Death Attorney Michael Grossman Discusses Medical Malpractice Lawsuits

    Medical professionals must maintain a high standard of care in their professional endeavors. After all, their  
    negligence, to even a small degree, can cause severe injury or even death. Medical professionals can
    include a wide swath of healthcare professionals, from surgeons and doctors, to nurses, dentists, dental
    assistants, and even mental health professionals like therapists and psychologists. When their negligent
    actions lead to a patient’s injury or death, these medical professionals should be held accountable for their
    actions. This is done through a medical malpractice claim. However, seeking compensation for your injury or
    loss through a medical malpractice claim can prove to be an arduous and challenging legal experience if
    you do not have the proper legal expertise that can capably assist you in your medical malpractice lawsuit. 
    Dallas personal injury and wrongful death attorney Michael Grossman offers the following advice if you’re in
    need of legal representation for a medical malpractice claim.

    While laws relating to medical malpractice claims vary from state to state, there are a few general rules of
    thumb that can be broadly applied to any medical malpractice claim. If you believe that an injury you had
    treated by a medical professional is worsening as a result of seeing that medical professional, seek a
    second opinion from another medical professional that practices in the same field as the first medical
    professional you visited. This is often the best first step you can take in figuring out whether or not you
    have a viable medical malpractice lawsuit to bring against the first medical professional in this example. By
    asking for a second opinion, the second medical professional should be able to tell you whether or not you
    received proper treatment for your injury.

    If the second medical professional agrees that the first medical professional was indeed negligent in their
    care of your injury, you should then contact legal help. A process known as discovery will then commence,
    meaning that both sides of the case will meet with each other to discuss the merits of the case. Depositions
    are done, witness testimonies are gathered, and expert witnesses are brought in to bear their considerable
    knowledge on the case at hand.

    In fact, a lawyer’s ability to procure expert witnesses in medical malpractice lawsuits is often one of the
    most important facets towards winning such cases. As you can well imagine, medical malpractice lawsuits
    are some of the most technical and complex kinds of personal injury cases that exist. As a result, having an
    experienced attorney that is capable of getting expert witnesses to help clarify the merits of your case is
    often crucially important towards a successful outcome. 

    Furthermore, bringing a medical malpractice lawsuit against a medical professional can prove difficult for a
    number of reasons, sometimes the least of which is the highly technical nature of the issue at hand. In
    many states across the country, laws have been put into place that have made it increasingly difficult to
    fully litigate medical malpractice claims against negligent medical professionals. While many of these laws
    were enacted in order to prevent frivolous lawsuits from patients or other entities seeking a quick payout
    from a large insurance policy, the laws have also made it somewhat more difficult for an injured claimant
    with a legitimate case to seek full compensation for their injury in a medical malpractice lawsuit. 

    However, this should not prevent you from seeking compensation for your injury if you have a legitimate
    claim for a medical malpractice lawsuit. With competent and experienced help, like the Law Offices of Annie
    B. Hirsch, LLC in Maryland, you can rest assured that your best interests will be looked after, expert
    witnesses will be procured on your behalf, and the truth of your case will be found out so that you have the
    greatest likelihood of receiving full compensation for your injury in a medical malpractice lawsuit. 

    -Austin Texas injury attorney, E. Michal Grossman

$1.34 Million Verdict Appealed, Oral Arguments Set For January 12, 2011

         On November 16, 2007, Thomasine Lucas filed a wrongful death suit on behalf of her late husband's
     estate, herself, and Mr. Lucas’ three sons, against Dr. Said Daee and Prince Georges Community
     Hosptial. The hospital was later dismissed from the suit. The trial began on September 14, 2009. The
     Plaintiffs were represented by Annie Hirsch from http://www.abhirschlaw.com/ [The Law Offices of Annie B.
     Hirsch, LLC] and was second chaired by Paul Vettori of Kenny & Vettori, LLP. Closing arguments concluded
     at 11:55 a.m. on day four of the trial.  Forty five minutes later, the jury returned to the court room with a
     signed verdict sheet. The jury had awarded the estate of John Lucas $341,154.44 in economic damages
     and $350,000 in non-economic damages. In addition, $100,000 was awarded to each son, and $350,000
     was awarded to the widow, Thomasine Lucas. 

          The Defendant Daee promptly filed several post-verdict motions, all of which were denied.  The
     Defendant Daee then proceeded to appeal the verdict based on allegations that 1. the Plaintiffs failed to
     adhere to the Maryland rules regarding medical expert testimony and; 2. that the jury pool was tainted by
     allegedly prejudicial comments against Defendant Daee during the voire dire process.  All appellate briefs
     have been submitted, including an Amicus brief by the Maryland Association for Justice in support of the
     Plaintiffs' verdict. 

          When asked about the appeal, Hirsch stated that "This family has been waiting for this for an
     exceedingly long time.  They have undergone substantial pain and suffering from the moment their patriarch
     was hospitalized, through his death and an agonizing trial.  The last year and a half of waiting has been
     difficult for all of them.  It's time for this matter to be put to rest and to give this family what they what
     they are entitled to under the law, their verdict." 

          Oral arguments are set to be heard by the Maryland Court of Special Appeals on January 12, 2011. Ms.
     Hirsch and Mr. Vettori, counsel for the Plaintiffs, are confident that this verdict will be upheld by the
     Maryland Court of Special Appeals, in the interest of fairness and justice.

Baltimore City Remains A Strong Jurisdiction For Birth Injury Cases

    The string of birth injury verdicts in favor of the Plaintiffs continue in Baltimore City.   Just this past
    November, 2010, a Baltimore city jury handed down a verdict in the amount of $4.1 million after the
    Defendant waited more than 12 hours to deliver a baby after noticing the umbilical cord had dropped
    beneath his body.  The MD Daily record has more details on this verdict.  This continues what has been a
    strong line of Plaintiffs verdicts in Baltimore city for medical malpractice cases, including birth injury cases. 

Texting While Driving - A Dangerous and Expensive Endeavor

    A Baltimore County jury has awarded $664,000 to a 22 year old female who was seriously injured in
    a car accident which was caused by the other driver while they were texting.  The young woman now
    suffers from complex regional pain syndrome and has had to have a spinal stimulator implanted to
    help relieve her pain.  This verdict is a simple reminder to all that driving is a serious activity and
    should not be made light of by multi-tasking to the point where we don't even realize we are
    operating a several ton machine.

    The Maryland Legislature banned texting while driving back in March of 2009, however the illegal
    nature of this activity has not stopped everyone from doing something which is so clearly
    dangerous for themselves and everyone else around them.  As we enter the hottest part of the
    summer many of us us are driving to the beach (or elsewhere) for our yearly break.  It is crucial that
    while we embark on these trips that we take the time to be safe and observant drivers for the sake
    of ourselves, our families, and everyone else on the road. 

    Ideally no one would use their cell phones while driving because it is hard to believe that anyone
    could be truly attentive to the road while chatting on their cell phone.  However, at the very least
    people should take a few simple steps to make the roads a little safer for the rest of us.  Use hands-
    free or ear pieces when driving and talking, never text while driving, never attempt to use any smart
    phone applications (especially those which require typing while driving), and enter your GPS
    destination in your phone or device prior to engaging your vehicle.  While some vehicles have a
    safety feature which prevents the entering of new destinations while the car is in drive, many people
    have taken to using smart phones and portable GPS devices which do not register the state of the
    vehicle when a destination is entered.  Finally, if you must text, search, or change your destination
    while on the road, please make sure to pull off to a safe spot such as a parking lot to do so. 

    This $664,000 verdict was prevantable.  This was a high price to pay for both the driver and the 
    victim.  And so for the rest of us, this verdict will serve as a simple reminder to take these relatively 
    simple, inobtrusive steps so we can all help ensure that we have a safe and enjoyable summer.