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February 26, 2010
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Maryland,Virgina And DC, Malpactice Tort Reform

The law governing malpractice varies from state to state, but among the goals of tort law are compensation for the victim and deterrence of malpractice. To prevail in court, the injured person must demonstrate that the injury was caused by a health care provider’s negligence. In the context of malpractice, negligence means proving that the provider failed to meet the same standard of care expected of a member of the profession in good standing in the same circumstances, and that the provider’s failure caused the injury that resulted in damage or loss.

To date, the District has not adopted any major changes to its tort law, while both Maryland and Virginia have adopted selected tort reforms with differing approaches. For example, Virginia has a $1.5-million cap on total damages, whereas Maryland caps nonmonetary damages at $575,000. For filing claims, Virginia provides 2 years from the date of the injury with some stated extensions, while Maryland provides 5 years from the date of injury or 3 years from discovery, whichever is earlier. Neither state has amended its collateral source rule. While the District does not have a specific arbitration program for malpractice cases, as do Maryland and Virginia, the courts can order nonbinding arbitration or the parties can agree to binding arbitration.

Please contact us if anyone you know has suffered from debilitating injuries due to medical malpractice in Cleveland.

 

 
Did You Know?    
 
 
Gastric-Bypass surgery is an intrusive & risky surgical operation
Gastric-bypass malpractice occurs when a medical professional causes harm or personal injury while performing the surgery or through a general or particular negligence. Some types of gastric bypass operations: Open Roux en Y (Rny), (Restrictive with some Malabsorption) Laparoscopic Roux-en-Y,Fobi Pouch (Restrictive with Malabsorption) , stomach staple, & more.

 


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News about Medical Malpractice cases in Cleveland and nationwide:

State Approves Sale Of Medical Malpractice Insurer
(Salem) State regulators have approved a plan to allow the acquisition of Oregon’s largest medical malpractice insurer by a California company. Sal...
Read more >


Malpractice Claims By Patients Or Their Survivors
The Missouri Medical Malpractice Insurance Report is an annual publication by the Missouri Department of Insurance that surveys the current state o...
Read more >


Medical Board Launches New, Consumer-Friendly Web Site Address
  • A physician's address of record
  • The date a physician's license was issued, and the date it will expire if not renewed
    Read more >


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    Medical Malpractice Attorneys.com Terms

     


    Today's Terms

    Interrogatories

    Definition:
    A form of discovery in which one party submits a series of written questions to the other party, and to which the latter is bound to answer under oath.

    Tort Liability

    Definition:
    The defendant must owe a legal duty to the victim, the defendant breached that duty, the breach was the cause of an injury to the victim, there must be an injury. In most cases, there must be a physical or financial injury to the victim, but sometimes emotional distress, embarrassment, or dignitary harms are adequate for recovery.

    Spinal cord abscess

    Definition:
    Spinal cord abscess is a disorder characterized by inflammation and a collection of infected material (pus) around the spinal cord.

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    Malpractice Hot Topics

     
    Topics Related to Medical Malpractice:

    • Surgical Malpractice
    • Medication Errors
    • Bacterial Infections
    • Birth Injury
    • Dental Malpractice

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