Michael M. Wilson Law Blog

Delays in getting medical treatment after an accident or injury incident increase the difficulties of obtaining compensation.  Insurance companies typically claim that the injury was not serious enough to warrant treatment, or if waiting several months before getting treatment that the injury did not result from the accident.  Getting medical attention documents the injury and also establishes that the injury was related to the accident or... Read More

Protective orders and injunctive relief are actions that parties can take to protect their rights in depositions for civil cases.

What is injunctive relief?

In general, an injunctive relief is a court order that compels or prohibits action as a means of solving a judicial problem.  For example, the court may order expedited discovery, in which case the party has a very limited amount of time to produce requested... Read More

Today, nine states and Washington D.C. recognize common law marriages.  Common law marriages do not require licenses or formal ceremonies to be legal.  However, there are certain requirements couples must meet to form a common law marriage.  Cohabitation or living together is one requirement.

What is cohabitation?

Cohabitation refers to a couple living together as a married couple and maintaining a long-term relationship.  Couples living... Read More

A medical malpractice lawyer in Maryland must change litigation strategies based on factors involved with the case, which includes applicable laws.  When patients receive medical care at a free clinic or clinic charging a reduced rate, different factors enter in. 

In addition to evaluating whether malpractice occurred, a medical malpractice attorney must also determine who is liable and whether the party is a source of compensation.

Free Clinic Federal... Read More

Depositions are a vital part of the discovery process and, like other judicial proceedings, are subject to procedural rules, depending on whether a federal or state court hears the related civil case.  Maryland District Courts hearing depositions follow the Maryland District Court Discovery Guidelines. 

What occurs during a deposition?

Depositions are part of the... Read More

Defendants and defense attorneys have many motivations to drag out medical malpractice cases for as long as they can.  Where the defendant is a corporation, it may simply want to keep a loss off its books for as long as possible.  Where the defendant is a practicing health care provider, he or she may want to delay the damage to his or her reputation¾and the risk to his or her license to practice. 

Unlike plaintiff... Read More

There are times when an emergency physician (EP) may consult with another EP about a patient. This may prevent errors such as ECG misreads, but it may complicate things in the event a bad outcome occurs and a malpractice suit is filed.

What are good risk management strategies if an EP consults with another EP about a patient? How can this potentially increase legal risks for either EP?

The best way to avoid medical malpractice is to practice... Read More

Settling a lawsuit may seem to be an admission of guilt even if the case is defensible, and initially might appear to be a bad idea. However, there are times when this is clearly in the hospital's---and also the emergency physician (EP)'s--best interest. The information below explores the pros and cons of settling a lawsuit.

What are the specific conditions/scenarios when lawyers generally recommend a case be settled?

A plaintiff’s... Read More

Medical malpractice can be generally defined as any situation when a medical practitioner injures a patient due to substandard care. It takes an experienced Maryland medical malpractice attorney to identify cases that meet the criteria required in this highly specialized area of the law. But learning about a variety of malpractice situations can help you understand when to contact a medical malpractice law firm.... Read More

I have a case where I believe a nursing aid rolled my lady out of bed causing some substantial injuries (deposition testimony from a nurse supervisor supports allegation that aid rolled my lady out of bed but supervisor does not have recall of exactly how it happened).  The nursing aid testified in deposition that that he did not roll her out of bed.  He claimed that she rolled out of bed between to half side rails that were in the up position while she was alone in her room.  My... Read More