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

August 2009 Archives

Pro Se Litigant Wins Big Over $377 Dispute Over Emachine Purchase at Best Buy

There is a famous quote oft-repeated by judges that a client who serves as his own lawyer has a fool for a client. "Pro se litigants" as they are referred to by the bar rarely succeed in getting a fair day in court. In an opinion rendered today by the Maryland Court of Special Appeals, however, a well prepared and apparently legally shrewd pro se litigant won his battle against Gateway Computer Company of South Dakota over procedural squabbles arising from the small print contained in the agreements he was required to sign when he purchased his EMachine from Best Buy.

Wrongful Life and Related Birth Injury Claims: The Ultimate Metaphysical Conundrum for Courts and Juries

As the genetic codes of individuals are mapped and understood, so too are the ramifications of negligence genetic counseling and other medical care that results in the birth of a severely handicapped child. Parents at risk for passing on genetic disorders, or even mothers of advanced maternal age, undergo tests to prevent the birth of a handicapped child. When negligence results in erroneous information being reported, the question arises under the law as to whether the parents and the child born into a life of suffering are entitled to recover for the harm of life.

Maryland's Common Law Continues to Evolve: McQuitty v. Spangler Eliminates the Physical Invasion Requirement for Informed Consent Cases

On July 24th, the Court of Appeals of Maryland issued McQuitty v. Spangler, No. 137, Sept. Term, 2008, in which the Court effectively abrogated its prior holding in Reed v. Campagnolo, 332 Md. 226 (1993) that an informed consent cause of action must involve a failure to communicate a material risk of a surgery, treatment or procedure which is invasive in nature, and may not arise from a failure to communicate medical information where no affirmative treatment or procedure is involved.

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