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

August 2013 Archives

In Lawsuit Over Birth Injuries, Evidence Alleging Midwife's Negligence Should Have Been Allowed

Baby.jpgA Baltimore-based hospital should have been allowed to present evidence of the nurse-midwife standard of care and the role that violation of that standard might have caused in a medical malpractice case involving a baby born with cerebral palsy and other health issues, a Maryland appeals court recently ruled.

Supreme Court Rules for Health Plan that Sued Worker to Recover Medical Costs for Auto Accident

Plane Silhouette.jpgThe United States Supreme Court recently made a ruling that allowed a self-funded employer health plan to recoup its costs by taking all of an employee's financial recovery from a personal injury lawsuit. US Airways v. McCutchen is an important decision that means that personal injury lawyers must question potential personal injury plaintiffs about the type of health insurance they have before starting the case.

Court Reverses Trial Court Decision that Nephrology and Urology Are Not Related Medical Specialties

Red bandaid.jpgUnder Maryland law, one of the requirements for taking a medical malpractice case to court is that a qualified health professional in the same or a related specialty must state that the standard of care has been violated. Maryland's courts continue to grapple with the question of what medical specialties are related. In Donnell Nance v. David A. Gordon, et al., the Court of Special Appeals recently held that nephrology and urology are related specialties.

News Report: Uncoordinated Care at U.S. Hospitals Placing Patients in Danger

Ambulance Cutout.jpgCoordinated care, promoted as the key to better, more cost-effective care, is being encouraged through financial rewards and penalties under the 2010 health care overhaul, as well as by private insurers. But experts say communication failures remain disturbingly common, according to Kaiser Health News (KHN).

Supreme Court Ruling on Arbitration Could Destroy Access to Courts for Workers, Consumers

Meeting 2.jpgThe U.S. Supreme Court recently ruled against business owners who took American Express to court in a class action lawsuit over a dispute involving credit card fees. The merchants had signed an agreement with Amex that disputes would be handled through arbitration. The agreement also prohibited class action lawsuits. The court's decision could make it more difficult for individuals to join together in a class action lawsuit when aggrieved by an employer or a business.

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