The Supreme Court recently made news by ruling in a 5-4 decision that State laws banning mail or internet wine sales from out of state (but not local) wineries were unconstitutional. In several related cases, the Court held that the 21st amendment to the U.S. Constitution, which ended Prohibition and gave the States control over the sale of alcoholic beverages, …
Loss of Chance of Survival
Claims for injury or death from medical malpractice are perhaps an all too frequent part of the caseload handled by the Maryland courts. When a cancer patient passes away, complex medical and legal issues are often involved. Maryland’s intermediate appellate court addressed one of those issues, the loss of chance of survival, last week in the case of Marcantorio v. …
Marital Property Award
Divorce proceedings are among the more thorny types of cases with which courts must wrestle. In addition to issues such as child custody, if the parties cannot agree the trial court may have to resolve monetary disputes, such as alimony or child support. The court may also need to address a monetary award to balance out the financial position of …
Maryland Expands Informed Consent Claims Against Doctors
Health care providers have long pointed to personal injury claims against them as part of the reason for the rise in the cost of health care. Others have argued that there is no crisis in malpractice insurance for doctors, and that such claims are necessary to police the health professions. Last week Maryland’s highest court expanded on one theory upon …