In a Maryland personal injury case there is a difference between getting your medical records and bills into evidence in the District Court versus the procedure for getting your medical records into evidence in the Circuit Court.
You will need to review Maryland rule 5–902(a)(11) and 5–803 (b)(6)are the rules on point. As well it is advisable to review the case of the State of Maryland versus Bryant 743 Ad 2nd 814(2000). You have two ways to get your records into evidence in the Circuit Court one is by live testimony in which event the records custodian would offer evidence regarding the four requirements of Maryland rule 5–803 (b)(6) wherein the records custodian (*) certifies under oath
(A) the record was made at or near the time of the occurrence of the matters set forth and was generated by a person with personal knowledge of those matters,
B) the record is made and kept in the course of the regularly conducted business activity, and
(C) the record was made and kept by the regularly conducted business activities as a regular practice.
You can also seek to have the records admitted into evidence under 5–902(a)(11). This rule is designed to promote judicial economy by eliminating the need for foundational witnesses regarding evidence that is likely to be authentic by extrinsic evidence. Under this method records are produced at trial containing a certificate from the records custodian attesting under oath to the three requirements above A, B, C. Is important that the custodian certificate be a written declaration under oath subject to the penalty of perjury. I did not see any regulation requiring that the custodian certification be an original signature or that it be notarized.
If you have questions regarding any matter of litigation involving a personal injury case in Maryland please feel free to call me as I'm happy to answer your questions over the phone at no cost to you. 1-888-760-7339
Tuesday, September 18, 2012
Saturday, May 12, 2012
Plaintiff bankruptcy affecting counsel fees
In the event your client, plainitff, should file bankruptcy during the respresentation you will have to contact the trustee to move the case forward with their imput. There is an ethic's opinion on point. See
ATTORNEY GRIEVANCE COMMISSION v. NICHOLS
ATTORNEY GRIEVANCE COMMISSION of Maryland v. Ernest S. NICHOLS.
Misc. Docket AG No. 25, Sept. Term, 2007.
-- June 17, 2008
which determined an ethical violation for failure to secure trustee approval of the distribution when the plaintiff had filed a bankruptcy.
If you have questions regarding your personal injury case please feel free to call me I am more then happy to assist . 1-888-760-7339
Monday, February 27, 2012
Maryland Injury Lawyer settlement involving minors
In a Maryland personal injury case the minor child's next friend, typically a parent, has the authority to settle a case on behalf of the minor child. The authority for this power is found in
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 6-405 (2011)
§ 6-405. Settlement of suit by infant
a) In general. -- Any action, including one in the name of the State, brought by a next friend for the benefit of a minor may be settled by the next friend.
(b) Limitation. -- If the next friend is not a parent or person in loco parentis of the child, the settlement is not effective unless approved by the parent or other person responsible for the child.
(c) Where no parent or other person responsible. -- If both parents are dead, and there is no person responsible for the care and custody of the child, the settlement is not effective unless approved by the court in which the suit was brought. Approval may be granted only on the written application by the next friend, under oath, stating the facts of the case, and why the settlement is in the best interest of the child.
If you have questions regarding injury to a minor child or any other matter involving the need for a Maryland injury lawyer please feel free to call my office at 1-888-760-7339 we will discuss your case over the phone at no cost to you.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 6-405 (2011)
§ 6-405. Settlement of suit by infant
a) In general. -- Any action, including one in the name of the State, brought by a next friend for the benefit of a minor may be settled by the next friend.
(b) Limitation. -- If the next friend is not a parent or person in loco parentis of the child, the settlement is not effective unless approved by the parent or other person responsible for the child.
(c) Where no parent or other person responsible. -- If both parents are dead, and there is no person responsible for the care and custody of the child, the settlement is not effective unless approved by the court in which the suit was brought. Approval may be granted only on the written application by the next friend, under oath, stating the facts of the case, and why the settlement is in the best interest of the child.
If you have questions regarding injury to a minor child or any other matter involving the need for a Maryland injury lawyer please feel free to call my office at 1-888-760-7339 we will discuss your case over the phone at no cost to you.
Tuesday, February 14, 2012
Maryland Injury Lawyer
Future Loss Income for Disabled minor child:
The scenario is a minor child's brain injury and the claim for lost future earnings as a result of that disability. Evidence produced at trial first identified the injuries sustained. Subsequently an expert offered testimony of the probability that the child's future accomplishments would be limited by his disability resulting in a high school education and as a result limited earning capability. As compared to the probable accomplishments the child would have reached based upon his mother's educational background and the income he would have realized as a college graduate had he not encountered the disabilities. The expert testifyed that deficits will limit his ability to work in jobs suitable to the education he likely will be able to attain, thus resulting in his being a disabled worker.
In such instances the expert would be called upon to offer expert testimony about average earnings and a comparison of the amount of future earnings that minor child will not enjoy due to his disabilities.
If you or someone you know has the need for a Maryland injury lawyer please feel free to call my office at 1-888-760-7339. We will discuss your case over the phone at no cost to you.
The scenario is a minor child's brain injury and the claim for lost future earnings as a result of that disability. Evidence produced at trial first identified the injuries sustained. Subsequently an expert offered testimony of the probability that the child's future accomplishments would be limited by his disability resulting in a high school education and as a result limited earning capability. As compared to the probable accomplishments the child would have reached based upon his mother's educational background and the income he would have realized as a college graduate had he not encountered the disabilities. The expert testifyed that deficits will limit his ability to work in jobs suitable to the education he likely will be able to attain, thus resulting in his being a disabled worker.
In such instances the expert would be called upon to offer expert testimony about average earnings and a comparison of the amount of future earnings that minor child will not enjoy due to his disabilities.
If you or someone you know has the need for a Maryland injury lawyer please feel free to call my office at 1-888-760-7339. We will discuss your case over the phone at no cost to you.
Thursday, January 19, 2012
Statute of Limitations Maryland Malpractice
The statute of limitations in medical malpractice cases in Maryland is five years from the time the injury was committed or three years from the date the injury was discovered, whichever is earlier.
Any medical malpractice action must be filed either within five years from the date when the injury was committed or three years from the date when the injury was discovered, whichever is earlier. Md. Code Ann., Cts. & Jud. Proc. § 5-109 (1995). Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. Maryland's highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution. Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985). If you have questions regarding a medical malpractice claim in Maryland please feel free to call my office I am happy to answer your questions over the phone at no cost to you 1-888-760-7339
Any medical malpractice action must be filed either within five years from the date when the injury was committed or three years from the date when the injury was discovered, whichever is earlier. Md. Code Ann., Cts. & Jud. Proc. § 5-109 (1995). Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. Maryland's highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution. Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985). If you have questions regarding a medical malpractice claim in Maryland please feel free to call my office I am happy to answer your questions over the phone at no cost to you 1-888-760-7339
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