Maryland Medical Malpractice Lawyer | Top Court Decides

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Visit us at:  www.portnerandshure.com

or call to speak with one of our experienced Maryland medical malpractice attorneys at (301) 854-9000 for a free consultation.

Earlier this month, the Maryland Court of Appeals heard oral argumens in the Wicomico County case of Ginneene Williams v. Peninsula Regional Medical Center.  Maryland's highest court is "tasked with determining whether medical professionals are immune from liability if they decide not to admit a patient after an evaluation."

The basic facts of this case involve Ms. Williams taking her son to Peninsula Regional Medical Center in 2009 because of strange behavior.  The hospital released him, and he subsequently went to a restaurant where he continued to act strange.  Later, he broke into a home and Salisbury police shot Mr. Williams fifteen times after he charged at the officers with a knife and told them to shoot him.  The Wicomico County Circuit Court held that the wrongful death lawsuit brought by the family be dismissed.  The Court of Special Appeals upheld the Circuit Court's ruling.  This will be the first time the Court of Appeals interprets the statute in question.

During oral arguments, Court of Appeals Judge Sally D. Adkins posed the following question: "why legislation would provide doctors with immunity to admit patients but not for determining not to admit them?"  Judge Adkins followed that up by commenting, "[i]n that case...if doctors were to have any doubt, they would admit the patient."  It will certainly be interesting to see how the Court rules in this matter, and depending on how they rule, our future medical malpractice clients could be affected.

If you or a family member is the victim of an injury caused by medical malpractice in Maryland, an experienced attorney from Portner & Shure can help you get the compensation you are entitled.  If you would like a free legal consultation or if you would like more information on medical malpractice in Maryland, please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com

Gun Control Forefront of Maryland Governor's Race

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Two candidates competing for position as governor of Maryland have staunch differences on where they stand on gun control.  Maryland's General Assembly last year passed new gun control legislation, making it among the strictest in the country.  The legislation requires people who purchase a handgun to submit fingerprints to state police, bans forty-five types of assault weapons, and limits gun magazines to ten bullets.  Democratic candidate Lt. Governor Anthony Brown supports Maryland's sweeping gun control legislation passed last year, whereas Republican candidate Larry Hogan has said he cannot support Maryland's Gun Safety Act.  Hogan has been accused by Lt. Governor Brown of flip flopping on the issue because in one interview he will claim he supports the legislation and in another one he will say the legislation "went too far."  Oddly enough, just yesterday the National Rifle Association (NRA) endorsed Hogan, citing his "support and commitment to the Second Amendment."

The legislation passed last year is certainly a step in the right direction in terms of protecting Marylander's safety and preventing major public shootings.  An interesting point to consider is that Lt. Governor Brown's campaign advertisements focused heavily on attacking Hogan's pro-gun views.  Before Lt. Governor Brown started running these advertisements, many Marylanders had no idea who Larry Hogan even was.  It is ironic that Maryland's race for governor has become so closely contested, in part due to Lt. Governor Brown's television advertisements.  It shall be interesting to see what will happen in these last few weeks before the election.

If you or anyone you know has been charged with possession of a firearm, and would like a free legal consultation or if you would like more information on criminal defense, please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com.

 

Visit us at:  www.portnerandshure.com

or call to speak with one of our experienced Maryland auto accident attorneys at (301) 854-9000 for a free consultation.

Michael Phelp's DUI arrest following an eight hour period of drinking and gambling at Baltimore's Horseshoe Casino raised concerns at the city's liquor board.  The casino is the only establishment in the city with a 24-hour a day liquor license.  The liquor board is investigating whether servers should have continued serving alcohol to Phelps.  There is a rule in place by the liquor board to prevent over-service.  This rule prohibits all bars in the city from selling alcohol to someone who is "under the influence," "disorderly" or "known to be a habitual drunkard."  Maryland state law also prohibits vendors with a liquor license from selling or providing alcohol to anyone under 21 or someone "visibly under the influence of any alcoholic beverage."

Interestingly, Maryland is one of eight states in which bars cannot be held liable for serving intoxicated patrons.  This is otherwise known as the dram shop law.  The law varies in the states that have it, but generally, a bar or similar establishment can be held liable for death or injury to third parties caused by selling alcohol to visibly intoxicated persons or minors.

The Court of Appeals of Maryland recently declined to change the common law to impose civil liability on an establishment that serves a visibly intoxicated patron, who then drives drunk, and causes an injury or death.  The Court believes that this is a matter of public policy that is best left to Maryland's General Assembly.  Three bills proposing dram shop liability have been introduced in the General Assembly since 2002, but none have even come close to passing.

Maryland has remained steadfast in the notion that there should be no third party liability for the actions of drunk drivers and the harm they cause.  Maryland's Court of Appeals recently refused to make changes to Maryland's common law in a case where a bar patron was served seventeen beers and four shots and drove his car into another car killing a 10-year old girl.  The results of this case prove the unlikeliness of things changing any time soon.  If there was a case to hold a bar liable for a third party injury, this would have been it.

Maryland already has laws in place to prohibit over serving by restaurants and bars.  While it does seem appropriate and fair to implement a dram shop rule to also hold an establishment liable for third party injuries caused by over serving a patron, it does not seem fair to hold a liquor store liable for the same injuries.  A liquor store, unlike a bar or restaurant, has no control over how much alcohol is consumed, what alcohol is consumed, or where it is consumed.  However, it does seem fair to implement a dram shop rule for injuries caused by serving or over serving a minor.  It is the restaurant's, bar's, or liquor store's fault for serving a minor alcohol and they should be held responsible for any injuries the minor causes to a third party.

If you or a family member has been charged with DUI or DWI and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com]

CDS Possession Charge in Maryland | Criminal Lawyer

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or call to speak with one of our experienced Maryland criminal defense attorneys at (301) 854-9000 for a free consultation.

Maryland Decriminalizes Marijuana, Cuts into Criminal Defense Attorney Businesses

On October 1st, several new laws took effect in Maryland. The most newsworthy change is making possession of less than 10 grams of marijuana punishable by a civil citation rather than a criminal penalty. Under the new law, fines range from $100 for a first offense to $500 for a third offense. The change does not mean that marijuana is legalized in Maryland, it just means that possessing less than 10 grams results in a citation and no criminal charges.

The interesting thing to look at now will be the effect on criminal defense attorneys. Before the change, people knew they needed a lawyer to help them fight a marijuana possession charge. However, now people will likely think they will not need a criminal attorney because they can take care of the citation on their own. Thus, many defense attorneys believe that this law change will substantially cut down business on marijuana possession cases.

Like every new law, there are potential issues and loopholes that people should be aware of. For example, possession of paraphernalia is still a criminal offense punishable up to one year in jail and a $1,000 fine. Another issue could be the impact the new law has on defendants' Fourth Amendment rights against unlawful searches and seizures. Police are allowed to issue citations for probable cause if they believe a person has less than 10 grams of marijuana. There is a potential for a tremendous amount of challenges to searches. One final issue is whether a citation for marijuana possession under 10 grams would be considered a probation violation. New marijuana citations are akin to speeding tickets, which are not considered violations of probation. However, it would appear that marijuana citations could still be considered a violation of probation because marijuana is still an illegal drug and most probation contracts prohibit use of illegal drugs.

It will certainly be interesting to see the effect the new law has on criminal defense attorneys and whether any changes are made to this law or related laws.

If you or a family member has been charged with a criminal drug act and would like a free legal consultation please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com

Visit us at:  www.portnerandshure.com

or call to speak with one of our experienced Maryland auto accident attorneys at (301) 854-9000 for a free consultation.

Most importantly, an officer must have probable cause to pull you over.  An officer establishes probable cause if you are swerving, cause an accident, speed or have a headlight or taillight out.

Once you are pulled over:

  1. You will first be asked to take a field sobriety test or breathalyzer test.
  2. The roadside sobriety test will include anything from standing on one leg to answering questions.  Sometimes the officer will ask you to perform the eye test or a test in which you read the alphabet backwards.

  3. If you refuse to take the field sobriety or breathalyzer test, which you have the right to do, your driver's license will automatically be suspended for 120 days, even if you are subsequently found not guilty.  First offenders in most cases should always take the test.

  4. If you fail the sobriety test or blow a .08 or more on the breathalyzer, you will most likely be arrested.  At this time, you may be asked to relinquish your driver's license

  5. You will be taken to jail in a police car while sitting in handcuffs.

  6. You will be allowed to sober up in jail as proceedings against you begin.

If you have been arrested for a DUI/DWI, it is important that you consult an experienced Maryland DUI attorney immediately because DUI is a criminal offense and carries severe penalties.  Your attorney will guide you through the initial process with MVA.  He or she should then enter their appearance with the Court and serve the State with discovery.  Your attorney will then obtain the State's entire file for your case.

If you or a family member has been charged with DUI or DWI and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com


Visit us at: www.portnerandshure.com

or call to speak with one of our experienced Maryland motorcycle accident attorneys at (301) 854-9000 for a free consultation.

Baltimore, Maryland is the largest city in Maryland, and the 26th largest city in the United States with a population over 600,000.  With traffic being a major issue in the city, one must be wary of traffic accidents.  Motorcycle accidents are one of the most dangerous types of accidents because motorcyclists lack the same protection as cars and trucks.  Motorcycles do not have airbags, windshields or seatbelts to protect them in an accident.  After a motorcycle accident has occurred, it is important for you, as the rider, to follow these tips to protect your personal safety and to ensure your best chance at getting the compensation you deserve.

  • Escape Immediate Danger and Seek Medical Attention

    • Nearly 62% of motorcycle accidents involve fuel leaks.  You must distance yourself from the motorcycle if there is a leak.  Further, make sure no one lights an open flame, including flares, near the scene of the accident if there is gasoline leaking.  If you are injured, you should be taken to a hospital for immediate care.  Common injuries resulting from a motorcycle accident include scrapes and bruises, broken arms and/or legs, and concussions.  It is important that a doctor examines your injuries to determine the severity.

  • Stay Calm and Remain Silent

    • After any traumatic event, such as an accident, your body's adrenaline may cause you to act irrationally.  Remain calm by taking deep breaths and sitting down.  Do not talk to anyone because adrenaline sometimes causes people to speak without thinking, and it is important to avoid admitting fault.

  • Do Not Leave the Scene of the Accident

    • Make sure you exchange information with all involved parties and wait for the police to arrive.  By leaving after the accident, you open yourself up to a hit and run felony charge.

  • Keep Records of All Documents Related to the Accident

    • It is very important to keep a record of all expenses you incurred as a result of the accident.  Some common expenses include doctor's visits, repairs and lost wages from time missed at work.

  • Call the Police

    • A police report is important because it will document the facts of the crash, the parties involved and record of any witnesses.  If police do not arrive at the scene, it is best to file a report later at the police station.

  • Seek Professional Legal Counsel

    • Call an experienced motorcycle accident attorney to help you recover any benefits to which you may be entitled.  It is important to call a lawyer as soon as possible to assure that all evidence and witnesses do not disappear.   

If you or a family member has been injured or killed in an automobile accident, truck, bus, or motorcycle accident, and would like a free legal consultation or if you would like more information on car accidents please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com

 

Maryland Auto Accident Lawyer

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Visit us at:  www.portnerandshure.com

or call to speak with one of our experienced Maryland auto accident attorneys at (301) 854-9000 for a free consultation.

Insure.com conducted a survey of 2,000 drivers in which Washington, D.C. recently placed second for rudest drivers in the United States.  In addition, Maryland was named as the state that hates Washington, D.C. drivers the most.

Furthermore, the DriverSide study ranked Washington, D.C. as number one in speeding tickets per capita.  Several D.C. residents claim that many drivers fail to signal when changing lanes and there is always someone driving behind you wanting to run you off the road.

These recent poll results raise concerns about Maryland drivers because there is a higher risk of becoming an accident victim.  Due to Maryland's close proximity to Washington, D.C., Maryland drivers have an increased risk of being a victim of reckless driving.  It is important for Maryland drivers to know what to do if they are a victim of an automobile accident.

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, and would like a free legal consultation or if you would like more information on car accidents please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com

 

 

 

Korean Accident Lawyer Maryland

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Visit us at www.koreanaccidentlaywer.com

or call us at (301) 854-9000 to speak with an experienced Korean car accident lawyer today for a free consultation.

3 Reasons Why Our Paralegals are some of the best

First, people often ask me if I'm upset that attorney Bob Katz hires my former employees. I know that currently three of my former staff members work for him. None of course quit to go there, and all left after being trained by Portner & Shure. I am not upset. Instead, I am proud that even our former employees are considered an asset to Bob Katz. In fact, one former Korean employee does his new case screening. Further, one of our former paralegals now services the Korean community for Mr. Katz.

Second, our paralegals are trained on a case management system known as Needles. Even Bob is aware of the training our employees are given on this system, and acknowledges that this system is the best way to manage personal injury cases.

Third, our current paralegals are trained on the colussus system. The colussus system is used by the insurance carriers to evaluate claims. Paralegals who understand how this system works understands how to value a case.

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, and would like a free legal consultation or if you would like more information on car accidents please feel free to contact our office at (301) 854-9000 or visit us on the web at www.koreanaccidentlawyer.com

Maryland Workers' Compensation Attorney

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Maryland Workers' Compensation Attorney

Visit us at www.portnerandshure.com

Or call to speak with one of our experienced Maryland workers' compensation attorneys at (410) 995-1515 for a free consultation.


Maryland Casino's & Your Workers' Compensation Coverage

With the recent opening of the Horseshoe Casino in downtown Baltimore, the gambling industry is quickly becoming one of the largest employers in the state of Maryland. The new MGM Casino is set to open in 2016 in Prince George's County, and will join Maryland's existing casinos, including Maryland Live and the Casino at Ocean Downs, in an industry that is booming and looking for workers.

It takes an unbelievable amount of workers to keep large scale casinos operating. A casino needs dealers, security, cleaning staff, valets, cashiers, chefs, servers, cocktail waitresses, bartenders, emergency medical staff, groundskeepers, maintenance, you name it! Not to mention, management and human resources staff. With such a high volume of workers, some injuries on the job are inevitable. Consider security staff, who risk injury when dealing with fights and unruly patrons, or the variety of ways kitchen staff or maintenance workers could injure themselves on the job.

Most of the time, injuries on the job occur in one identifiable accident and the worker has no problem reporting the injury and obtaining benefits through workers compensation. A more complicated situation arises when the injury is actually an occupational disease that manifests over time.

For example, one of the toughest positions for a casino to fill is its dealers. These workers are must be highly skilled and are in high demand. Dealing cards may seem like a job with little risk of injury, until you consider the repetitive hand and wrist movements involved, which can lead to carpal tunnel syndrome, a common occupational disease. Carpal tunnel syndrome can be a debilitating condition, causing numbness, pain, and tingling in the wrists and hands. It can also affect grip and manual dexterity. If you deal cards for a living, this condition could affect your ability to work significantly. It may also require medical treatment, such as physical therapy or even surgery.

Fortunately, carpal tunnel and other occupational diseases are compensable through workers compensation - but you must be careful to give timely notice to your employer, or else your claim could be denied. Notify your employer as soon as you notice any symptoms whatsoever, such as tingling in the wrists. Don't wait six months until you are no longer able to use your hands at all before you tell someone. If it's bothering you, tell your employer and get checked out by a doctor. If you are unsure what to do, call an attorney who can navigate the process for you, obtain benefits, and even get you set up with a doctor to get you the treatment you need.

If you are working for one of Maryland's casinos, be sure to check your contract to see if it classifies you as an employee or an independent contractor. If your contract classifies the casino as a client, and you as an independent contractor, it may also state that the casino is not required to carry workers compensation coverage for you. Always be aware of the contents of your contract so that you can take the steps you need to protect your health.

If you or a family member has been injured as a result of an accidental injury on the job and would like a free legal consultation or if you would like more information on work accidents,  please feel free to contact our office at (410) 995-1515 or visit us on the web at www.portnerandshure.com

 

Annapolis, Maryland Auto Accident Attorney

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Visit us at:  www.portnerandshure.com

or call to speak with one of our experienced Annapolis, Maryland auto accident attorneys at (410) 995-1515 for a free consultation.

3 Things You Need to Know After an Accident

When you are involved in an auto accident, the steps you take after that accident can be essential to the outcome of your case. In order to protect your claim, follow these three tips:

1)     Don't Speak: It is important to understand that when then insurance company calls to speak with you, they are working against your claim. This means that the information that you give them is information that can be used against you. As a layman, you may not realize what kind of information is harmful or helpful to your case. Because of this, it is essential that you find the help of an experienced Annapolis, Maryland auto accident attorney who can advise you. Furthermore, a car accident lawyer can speak to the insurance company for you so that you will not make the mistake of revealing too much information. Not speaking to the insurance company is especially important for those who do not speak English fluently or speak English as a second language. The insurance company may take advantage of the language barrier to obtain information they can use against you.

2)     Focus on Treatment: When you are treating for your injuries, you must listen to the advice of your doctor. Do not attempt self-diagnosis or stop treatment before your doctor advises you that you no longer need further treatment. Some clients make the mistake of ending their treatment process early and later discover that they are not fully recovered. By this time, it may be too late for those clients to make a claim for the treatment they subsequently receive. Don't make this mistake and risk your claim - listen to the advice of your doctor.

3)     Don't Rush: The settlement process takes time. Our experienced Annapolis, Maryland car accident attorneys are skilled in the delicate art of negotiation. Oftentimes, this includes waiting out the insurance company to make them nervous. Because of this, it is important for clients to be patient and allow the attorney to obtain the most for your claim. 

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, and would like a free legal consultation or if you would like more information on car accidents please feel free to contact our office at (410) 995-1515 or visit us on the web at www.portnerandshure.com

 

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