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Serving Injury & Accident Victims
in Maryland, Virginia, and DC
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Medical malpractice occurs when health-care providers allow their level of care to fall below a certain standard and their negligence causes an injury. Although most people identify malpractice with doctors and surgeons, victims may sue other professionals such as nurses, pharmacists and midwives.
In the world of personal-injury law, medical-malpractice cases are typically the most complex, because errors often involve complicated medical concepts that are unintelligible to the layman. For that reason, the claimant must often call an expert witness.
However, in most ways, medical-malpractice trials work much the same way as any other. Like car-accident victims, victims of malpractice may seek two types of compensation: economic damages and general damages.
Economic damages are the more straightforward of the two. Let’s say you suffer a broken leg due to the negligence of a doctor.
The injury will likely cause you to miss work and incur extra medical expenses. It’s easy to place a dollar value on these types of damages.
For instance, if you miss six months of work and you make $4,000 each month, then you could hire a personal-injury lawyer and ask the court for $24,000. Likewise, the hospital will send you a receipt telling you how much it cost to treat your injury.
However, not all damages are so simple to calculate.
Medical-Malpractice Victims May Seek Compensation for Pain and Suffering
Forbes explains that psychological distress often accompanies physical injuries, and victims should receive compensation for any suffering that they experience. Examples of general damages include depression, disfigurement and any loss of enjoyment in life.
For instance, if your broken leg forces you to give up a hobby or causes strain on your marriage, then you could ask the court for general compensation. These types of damages are difficult to quantify, so the justice system tasks the jury with determining how much pain and suffering is worth.
That said, many states, including Maryland, set a limit on the amount a victim can receive for general damages. The amount increases each year, and the current cap is $740,000.
If you live in Baltimore and you are considering a medical-malpractice lawsuit, then you’ll need the help of an experienced personal-injury lawyer. At Duboff & Associates, Chartered, we have 50 years of combined legal experience, and we know what it takes to prove medical malpractice.
We can gather evidence, find expert witnesses and provide excellent legal advice. To arrange a free consultation with a Baltimore medical malpractice lawyer from our firm, call 443-912-0002.
Malpractice Laws Vary Between States
The Baltimore Business Journal reports that Maryland’s legislature is considering a birth-injury fund that would provide compensation to the families of children who suffer injuries through a medical professional’s negligence.
Proponents of the fund believe that it will provide more families with compensation. However, opponents of the bill point out that lawsuits provide incentive for hospitals to fire or discipline negligent doctors, while a fund would not.
If your child suffered a serious injury during birth and you believe that a medical professional may be to blame, call our offices. We will work hard to prove your case and seek the compensation that you deserve.
To speak with a personal-injury lawyer about your case, call us today at 443-912-0002.
If you lived in Maryland in 2007, you likely remember hearing about Dominic Solesky on the news. The 10-year-old was playing hide and seek with a fiend behind his parent’s row house when he heard his friend yell, so he ran to find the boy. What he found instead was a neighbor’s pit bull that jumped over a fence and attacked.
Solesky told reporters at the time that the bite on his friend’s leg was so deep that he could hear his blood splashing out of his body. The dog had severed the boy’s femoral artery before attacking his face and upper body. By all accounts, Sloesky is lucky to be alive. Doctors performed two surgeries, and he remained in the hospital for more than two weeks.
After the attack, the boy’s parents took action, eventually getting the Court of Appeals to make a ruling that owners of pit bulls are liable for dog attacks regardless of the circumstances. The controversial law caused many landlords to rethink their pet policies and some owners to take their pit bulls to the shelter.
If you’ve been attacked by a dog in Maryland and you’re ready to stand up for your rights, we’ll stand with you. At Duboff & Associates, we help our clients seek compensation for their injuries through civil lawsuits. To speak with aBaltimore personal-injury lawyer about your injuries, call 443-912-0002.
The ruling, which was made in 2012, is at the heart of a new bill in the Maryland legislature. The Washington Postreports that the bill would make any dog owner liable for dog bites, regardless of the breed. Although lawmakers claim that they are rebalancing the rights of pet owners, landlords and victims, critics counter that the bill actually allows owners to escape liability.
The bill includes a section that permits pet owners to avoid liability by proving their dog wasn’t violent before the attack occurred. The measure could actually make it more difficult for victims to recover compensation for their injuries.
According to the Centers for Disease Control and Prevention, the United States records more than 4.5 million dog bites every year. Although many of those bites don’t require medical attention, about 855,000 people visit hospitals each year for treatment related to a dog-bite injury.
Sadly, more than half of all dog-bite victims are children. If your child has been bitten by a dog, we can help you seek justice through a personal-injury lawsuit.
We specialize in working with tough insurance companies to get you the compensation you deserve. If you aren’t sure whether or not your case is worth pursuing, call us at 443-912-0002 to schedule a free initial consultation.
Most personal injury lawsuits that result from car accidents are directed at a driver who was driving recklessly or negligently and caused the accident. Defensive driving techniques can help you avoid accidents with distracted drivers, but there’s not much you can do if the company that manufactured your car was negligent.
That’s the topic of a new report from NY Daily News. The story takes place nine years ago when Amber Marie Rose died in a car accident.
After an investigation, it was determined that Rose would most likely have survived the crash if her airbag deployed, but a defect in the car’s design prevented that from happening. It seems logical that the company that engineered the car, General Motors (GM) in this case, would issue a recall to prevent other accidents from occurring.
Fast-forward seven years—and at least 35 deaths later—and GM finally issued a recall for an issue they learned about in 2005.
Rose’s Death May Not Have Been Prevented, But What About The Other 35?
The National Highway Traffic Safety Administration (NHTSA) launched an investigation into the issue to determine if GM should have issued the recall after Rose’s death. Her mother, Laura Christian, spoke out about the recall, saying that she is outraged that it didn’t come sooner. Since the tragedy, Christian pours her efforts into reforming the laws that govern car manufacturers and recalls.
The defect affected a total of six car models that GM manufactures and is likely to have caused many unreported deaths in the past seven years. The recall cited the fact that if the key in the ignition was attached to a heavy key ring, the engine could unexpectedly shut off, cutting power to the airbags, which is exactly what happened in Rose’s accident.
There is no excuse for knowingly exposing another person to a danger. Whether an injury results from a distracted driver, a negligent company or a reckless doctor, we help the victim find justice. At Duboff & Associates, we have more than three decades of experience, so if you are looking for an injury lawyer in Baltimore, Call Us At 443-912-0002 Today!
The Families Of Those Killed After Rose Could Have Grounds To File A Wrongful-Death Lawsuits
Filing a wrongful death lawsuit is never easy. It’s often difficult for family members to relive the accident that led to their loved one’s death, and most of the trials are very emotional.
However, these cases can provide justice for the deceased and may aid in the recovery process by lending closure to the event itself. If the NHTSA investigation determines that GM should have issued a recall in a more timely fashion, the company could receive many wrongful-death claims against them.
If you’ve lost a loved one due to the negligence of a large company, don’t be intimidated. Instead, call us. At Duboff & Associates, our team of attorneys has more than 50 years of combined experience, so you can count on us to give you sound legal advice and aggressive representation. To schedule a free consultation, Call Us At 443-912-0002 Today!
Today, most states in the U.S. have some form of texting or calling-while-driving ban in effect. Those that don’t are currently working on them. No one denies that these types of bans are needed, but some question whether they can ever be enforced properly.
Short of someone admitting to texting while driving, or a police officer seeing them in the act, it is very difficult to prove that a person was texting at the time of an accident under the current laws. That may be changing in Maryland soon, thanks to a bill that would change the approach that law enforcement takes to prove that a suspect was driving distracted.
The Baltimore Sun explains that, under the proposed law, police officers could request cell phone information from a suspect if they have cause to believe that texting caused an accident. They could ask about the driver’s service provider, phone number and even their email account, which would then be used to look at their texting, email and data usage at the time of the accident.
The Bill Would Also Implement Tougher Penalties For Distracted Driving
If a person who is texting and driving causes an accident, killing or injuring another driver or pedestrian, they could face 3 years in jail and be fined upwards of $5,000. Supporters of the bill point out that distracted driving is just as deadly as drink driving, so it should be treated the same if it causes serious injuries.
Just like a drink driver is required to submit to a blood test, distracted drivers should be required to give their cell-phone information to police.
If you have been injured in an accident with a driver who was texting or talking on their cell phone, you may be able to recover compensation for your injuries that could cover medical bills, physical therapy costs and any loss in earning ability. To find out if you qualify and to speak to an accident lawyer in Silver Spring from the Duboff Law Group, Call Us At 443-912-0002 Today!
The Bill Could Save Lives By Deterring Drivers From Texting And Driving
The Baltimore Sun article also cites a recent poll of almost 800 Maryland residents, which found that more than 25 percent of drivers used a cellphone while driving during the last six months. This exposes a need for this sort of bill—one that is designed to make the statement that negligent driving is unacceptable and should be punished more severely.
While the bill is being debated in the state legislature, people are still being injured every day by negligent drivers. Fortunately, these drivers can often find justice by filing a personal-injury lawsuit. If you find yourself in need of a personal-injury lawyer in Baltimore, Call Us At 443-912-0002 Today!
The family of an officer killed by friendly fire outside a Baltimore nightclub in 2011 is suing the Police Department, the parking service and the club owners. According to PoliceOne.com, officer William Torbit, Jr. was knocked to the ground and being attacked by eight men when he fired his gun eight times in self-defense. He was in plain clothes, so officers did not recognize Torbit before they shot him 34 times outside of the Select Lounge.
The family of officer Torbit claims that law enforcers breached their duty and acted in a “horrendous and outrageous” manner. They also claim the other officers’ statements have gaps and do not fit together.
If you have lost a loved one or suffered a personal injury due to the negligence of another party, it’s important to contact an attorney immediately. In this case, the Torbit family waited several years before filing a lawsuit, and that delay could hurt their case.
If you are located in Baltimore, Ocean City, Silver Spring or a surrounding area, contact Duboff & Associates. With decades of experience representing clients across the United States, we have the knowledge to assess your unique case and win the compensation that you deserve. To schedule a free initial consultation, Contact Us At 301-495-3131 Today!
A Commission Highlighted the Failures of Baltimore Law Enforcement
Following the incident, an independent commission was formed to investigate the case. In November 2011, the commission reported that officers failed to control the scene, but Torbit’s behavior aggravated the situation that led to his death.
If the Torbit family’s lawsuit is successful, they could be owed damages for both lost wages and pain and suffering. Although this won’t bring back their loved one, a victory might inspire changes that prevent the incident from happening to others.
Torbit’s Death Could Improve Law Enforcement Strategies
The commission that evaluated the incident highlighted 33 recommendations for changes to the department’s training program. These changes could improve how officers investigate shootings and prevent ununiformed officers from being shot by friendly fire.
Select Lounge Shooting Leads to More Than One Lawsuit
During the scuffle, one of Torbit’s eight shots struck and killed Sean Gamble. According to police, Gamble was one of the men attacking Torbit, but Gamble’s family states that he was running from the incident and not an aggressor.
His family is suing Torbit’s family for damages. Both lawsuits were filed this week, just a few days before the three-year anniversary of the incident.
When the negligence of another party causes death or injury, the legal process can be emotionally draining. Families are eager to move forward with the memories of their loved one and leave the sadness of the tragedy behind.
At Duboff & Associates, we take a personal interest in every case and make every effort to simplify the complicated litigation involved in personal injury and wrongful death lawsuits. There are three reasons why it’s important to hire an attorney to represent your interests:
1. Expert knowledge of personal injury law
2. Experience negotiating for maximum compensation
3. Your interests are fairly represented in court
We offer a free initial consultation to answer any of your questions or concerns. To schedule a meeting with one of our attorneys, Contact Us At 301-495-3131 Today!