Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

December 2009 Archives

Towson cardiologist under investigation for unnecessary stenting procedures

A former cardiologist with a large, well-known Cardiovascular Groupin Baltimore is under investigation for performing unneeded and unnecessary stenting procedures upon patients who did not clinically require stenting based on test results. If you have received a letter from St. Joseph's Medical Center about their investigation and findings, you should contact an attorney at once. Stenting of vessels, especially unnecessarily so, can increase the risk of cardiac complications and may result in the need for unnecessary lifetime medical treatment and care. Stents typically cannot be removed once placed and may require intake of Plavix or other anti-clotting medications for the patient's lifetime. Stents also increase the risk of re-clotting in the area of the stent. If unnecessarily placed, a stent may significantly increase a patient's risk despite the absence of heart disease.

Senate Democrat Ben Nelson Provides 60th Vote Almost Ensuring Passage of National Health Care Reform

In a stunning development on Saturday, Senator Bill Nelson (D. Neb.) agreed to support the health reform bill after speaking earlier this week to his local public radio station that he would not support the bill. This all but ensures passage of the most sweeping reform that has been attempted for nearly 40 years. Lots of concessions were made by Democrats involving abortion coverage and gave Sen. Nelson's state of Nebraska special extended health coverage for the citizens in his state. This is unfortunately how politics works. What concerns us as plaintiffs' lawyers is a provision that creates a task group to deal with malpractice reform measures. This open ended goal could lead to reforms unfavorable to plaintiffs and lawyers. Although Obama has spoken against caps on noneconomic awards, one never knows what effect politics may have on his spoken commitment. The lawyers at Belsky, Weinberg & Horowitz are watching these developments and will do our best to convince our legislators to vote against malpractice reform.

Robert E. Cahill, Sr., Retired Baltimore County Circuit Judge, Dies

Robert E. Cahill, Sr., retired Baltimore County Circuit Court judge, died on December 14th from a long standing illness. He was 77. Judge Cahill will be remembered as a no-nonsense trial judge with a great legal mind and lots of instinct and wit. His obituary appears in the Baltimore Sun.

Robert E. Cahill, Sr., Retired Baltimore County Circuit Judge, Dies

Robert E. Cahill, Sr., retired Baltimore County Circuit Court judge, died on December 14th from a long standing illness. He was 77. Judge Cahill will be remembered as a no-nonsense trial judge with a great legal mind and lots of instict and wit. His obituary appears in the Baltimore Sun.

Head of Attorney Grievance Commission to Retire After More than 28 Years of Service

The head of the Maryland Attorney Grievance Commssion, Melvin Hirschman, will retire on June 30, 2010 after serving since 1981. The Daily Record reported this breaking story earlier today. Mr. Hirschman has led the commission, which investigates all complaints for attorney misconduct, since 1981. The AGC was created only six years earlier, in 1975. Attorneys who are publically sanctioned can be viewed at the Maryland Judiciary Web Site.

Maryland Top Court to Review Another Expert Certificate Case

Earlier this month, the Court of Appeals of Maryland granted certiorari in a case which raises important issues relative the sufficiency of a plaintiff's expert certification. One issue of particular interest to the plaintiffs' bar, and which has been raised frequently at the trial level, is whether a defendant who unilaterally waives out of health claims arbitration gives up the right to complain about the sufficiency of the plaintiff's expert certification. Arguably, since a waiver cannot occur until plaintiff files a "valid" expert certification, the defendant tacitly accepts the validity of the certification by waiving out of health claims arbitration.

Diminished Value as Part of Your Property Damage Claim

Auto accident claims nearly always involve property damage repair or reimbursment. What many don't know is that, depending on the severity of the damage done, the accident may result in a diminished value of the vehicle at resale. The laws of diminished value are everychanging, but the attorneys at Belsky, Weinberg and Horowitz have fought for our clients' entitlement to reimbursement for diminished value of their repaired motor vehicle.This is a legitimate but not oft fought for aspect of property damage. If you believe your vehicle's value is diminished by virtue of a collision, our first advice is not to accept any payment for property repairs until the diminished value claim is preserved.

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