February 2010 Archives

Medical Malpractice

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$ 4.4 million dollars was awarded to a South Carolina family because a girl died after sustaining injuries at birth. Apparently the baby was in fetal distress and the physicians did not act quickly enough. As a result, the girl suffered from cerebral palsy. Proper monitoring of fetal monitor strips and recognizing dangereous situations is very important for a physiican to live up to the required standard of care in the medical community. Although Maryland has a cap on what is called non economic damages, a life care plan for an injured infant at birth can reflect significant monetary damges just to take care of the baby for life. Learn more about Cerebral Palsy & Medical Malpractice.

Car Accident on Ice or Snow

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There are several reported Maryland cases regarding automobile accidents on ice or snow. They include Larkins v. Balt. Transit, 249 Md. 305; Billmeyer v. State f/u/o Whiteman, 192 Md. 419; Wolfe v. State f/u/o Brown, 173 Md. 103; and Trusty v. Wooden, 251 Md. 294. A person must use reasonable care when driving on ice or snow. This could include reducing speed and being aware of longer stopping distances. Car Accident on Ice or snow.

Slip and Fall Evidence

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Slip and Fall. The case law in Maryland suggests that in order to prevail on a slip and fall case where liquid has been left on the floor one must prove how long it had been there. It is not as simple as just saying there was liquid on the floor. There must have been sufficient time for the occupier of the property to observe and clean up the liquid. It may not be enough to say the liquid was dirty because there may not be any inferences that can be drawn from mere dirty liquid. If there were footprints in the liquid or other evidence to suggest length of time on the floor, perhaps one could win such a case. One of the important cases in this regard is Manns v. Giant of Maryland, LLC at 871 A. 2d 627, 161 Md. App. 620.

Drowning Victim at Beach

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Apparently the city of Miami has agreed to pay $ 5 million to the family of a man who drowned. He was attempting to save a woman who had been caught in a riptide. Florida has case law that suggests cities have a duty to advise beachgoers of dangerous tide conditions they either knew about or should have known about. Unfortunately, the city did not have lifeguards or any posted signs at the location of the drowning. In Maryland, there would be a cap on non economic loss damages so this type of settlement might not be possible. Maryland would also address the concept of tort immunity and a distinction between governmental and proprietary function would have to be addressed. Drowning at beach.

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