Tuesday, August 13, 2013

maryland car accident attorney

Keith Bartnik offers the unique opportunity to call a Maryland Personal Injury Attorney and ask your questions directly to him right over the phone at no cost to you. If you prefer you can use this web site to educate yourself about the process of a Maryland personal injury, truck accidents, motorcycle accidents and medical malpractice in Maryland. You will find useful and important information about Maryland personal injury, medical malpractice in Maryland and car accident issues in Baltimore and surrounding communities. Additionally, you will receive guidance on what to do immediately following an accident and how the medical malpractice procedures work in Maryland. Answers to your questions about what to expect when it comes to car rentals, repairing your property damage, lost wages, loss earning capacity, payment of medical bills, personal injury protection (PIP) benefits, insurance coverage and underinsured motorist coverage, off sets to benefits, settlement and demands, and what happens when the case will not settle. How the settlement process really works and much more from a Maryland injury attorney and Maryland personal injury lawyers. I PROUDLY ACCEPT REFERRALS FROM OTHER LAWYERS IN AND OUT OF THE STATE: If you are a Maryland personal injury lawyer, a legal professional practicing personal injury law in Maryland, or a Maryland lawyer who does not practice personal injury law in Maryland you can use this site as your reference point for valuable information and research on Maryland personal injury cases. After over 20 years of experience working as a Maryland personal injury attorney, Mr. Bartnik has represented clients in personal injury cases, medical malpractice claims, birth injuries, shoulder dystocia or erb's palsy, car accidents, motorcycle accident, truck accident, slip and fall injuries, and other traffic accidents in Maryland and associated with local counsel in many states through out the United States. Maryland personal injury auto accident cases as well as other traffic accident cases have included representation of families suffering the wrongful death of a child as a result of a traffic accident in Maryland. As a Maryland personal injury lawyer Mr. Bartnik has proven liability, and damages, litigated issues of last clear chance and has represented clients suffering serious life changing injuries. Spinal cords injuries, Erb�s palsy, back injuries, head injuries, cancer misdiagnosis, fractures, as well as, herniated disk, knee injuries, ankle injuries, facial injuries and shoulder injuries to name just a few. Mr. Bartnik has proven damages and recovered money for his clients and their families for wrongful death, survivor benefits, serious personal injury, permanent injury as well as lost wages, pain and suffering and lost enjoyment of vocation and future opportunities. While past results are no guarantee of future success, we are proud of the number of referrals we receive in injury cases from former clients and attorneys who have enough confidence in our presentation to refer their family, friends and clients to us for representation in serious injury cases. I expect you will find the information contained in this web sight to be helpful in educating you about the process of the Maryland personal injury law and procedures, pleadings, including venue issues, transfers of district court cases to the circuit court on defendant's jury request, the elements for a complaint in negligence, discovery, use of experts, settlement process, settlement involving minors, trial preparation, including motions in limine, the twenty percent rule, how to get your documents into evidence, per diem arguments, minimal property damage cases, post trial motions, jury instructions, and as a detailed overview of the personal injury law in Maryland and limitations and notice requirements. At a minimum you will discover that all Maryland personal injury attorneys and lawyers practicing personal injury law in Maryland will review a Maryland personal injury case in terms of three general categories of inquiry. This understanding is the key to fully appreciating the simplistic nature of the Maryland personal injury case. The three pieces of the Maryland personal injury puzzle are liability, damages and insurance coverage. Liability is simply who is at fault. Damages addressed if you were injured and if yes how badly. Insurance coverage answers the question, who is going to pay for this mess? The three pieces of the Maryland personal injury puzzle that must fit securely together and in place for a personal injury attorneys case to be successful in Maryland. This is as true for every case whether it is a slip and fall case, car accident case, or even the malpractice case. When you or your family members or your friends have questions about what to do next following an accident, please feel free to call me directly.

Thursday, August 8, 2013

Erbs Palsy

Erbs Palsy medical negligence cases usually involve one or more of the following issues: Failure to estimate the baby's weight before delivery Failure to perform a cesarean section Failure to diagnose and treat gestational diabetes Failure to inform parents of the risks inherent in vaginally delivering a large infant. Failure to perform appropriate delivery techniques to manage shoulder dystocia Applying unnecessary and excessive force during the delivery Applying inappropriate delivery techniques to manage shoulder dystocia In general, in order to recover for medical malpractice a plaintiff must (1) establish a doctor-patient relationship; (2) demonstrate that the doctor's performance did not conform to good or accepted medical practices; and (3) show that damage resulted from the doctor's failure to conform to good medical practices. In the case of deliveries that result in a form of brachial plexus palsy, the plaintiff must first establish that the delivering doctor (if this is the party being sued) and the infant that the doctor delivered had a doctor-patient relationship. In most cases this inquiry should be straightforward. If the doctor is acting voluntarily in delivering the child, the doctor-patient relationship most likely exists. In order to establish that the doctor failed to act in a manner consistent with good medical practices, the plaintiff must offer expert testimony on the issue. This expert testimony must establish that the defendant doctor failed to exercise the degree of care, skill, and proficiency exercised by reasonably careful, skillful, and prudent practitioners in the same class, acting under the same or similar circumstances. Simply put, the plaintiff must show that a competent doctor would have act differently in order to prevent injuring the child. In the case of brachial plexus injury, this may require a showing that a competent doctor would have prevented the shoulder dystocia or would have followed protocols that would have prevented the shoulder dystocia from resulting in the brachial plexus injury. In a medical practice suit concerning brachial plexus palsy, this element of the case will most often represent the most important and pivotal aspect of the plaintiff's case. Finally, the plaintiff must establish that as a result of the doctor's negligence the plaintiff suffered damages. In the case of Brachial Plexus Palsy, damages can include medical expenses for treatment, pain and suffering, if the injury results in permanent palsy perhaps loss of future earnings, and any other economic and non-economic damages that the plaintiff might suffer. I you, a family member or a friend have any questions regarding medical negligence or the erbs palsy injury, please feel free to call my office. I will discuss your case with you, over the phone at no cost to you. 1-888-760-7339

Maryland Pedestrian Accidents where no sidewalk is available.

The Maryland courts have had the opportunity to consider the fact pattern where a pedestrian is walking along a roadway and there is no sidewalk bordering the roadway. Specifically, Whitt v. Dynan, 315 A.2d 122, 20 Md.App. 148 (Md. App., 1974) involving the death of a pedestrian wherein, the Appellant contends that his motion for a judgment n. o. v. should have been granted. He maintains that Code (1957), Art. 66 1/2, § 11-506(b) prohibits a pedestrian from walking along a highway except on the left side facing oncoming traffic. He asserts that the decedent was contributorily negligent as a matter of law because the evidence establishes that the deceased was walking along the right side of the road with his back toward the approaching traffic. Appellees contend that the statute requires a pedestrian to walk on the left side of the road facing traffic only when it is practicable to do so. They insist that the evidence shows that in order to comply with the statute the deceased would have had to cross York Road against heavy traffic without benefit of a crosswalk or traffic light at a time when visibility was poor. They conclude that the question of whether noncompliance with the statute was justified under these circumstances was properly submitted to the jury. Neither of these positions is entirely correct. Code (1957) as amended, 2 Art. 66 1/2, § 11-506 provides: '(a) Where sidewalks provided.-Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. '(b) Where sidewalks not provided.-Where sidewalks are not provided, any pedestrian walking along and upon a highway shall walk only on the left shoulder, when practicable, or on the left side of the roadway as near as practicable to the edge of the roadway facing traffic which may approach from the opposite direction.' The effect of this statute as a penal provision is clear. Its words are plain and unambiguous. We are persuaded from a reading of the statute that where sidewalks are not provided pedestrians are required to walk either on the left shoulder or the edge of the left side of the roadway facing oncoming traffic. A pedestrian's failure to exercise one of these two options constitutes a misdemeanor. I recently completed a case where my client received a sizable recovery as a pedestrian walking in the roadway were no sidewalk was available. If you or a family member or friend has been injured as a pedestrian please feel free to call my office we will discuss your case over the phone at no cost to you 1-888-760-7339