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Questions Answered by Paul D'Amore
2 Answers | Asked in Medical Malpractice for Maryland on
Q: I may sue for malpractice but the injuries I suffered as a result led to payments by my insurance company.

Will I have to pay the money back if I bring a lawsuit?

Paul D'Amore
Paul D'Amore answered on Feb 4, 2017

Most often the answer is yes. Private insurance contracts almost always contain terms called "subrogation clauses." These provide the insurance company the right to "stand in the shoes" of the insured (you) and recapture the money the company paid for care you would not have needed if there had... Read more »

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3 Answers | Asked in Car Accidents for Maryland on
Q: A friend is helping me out with my business, but he's not my employee.

What am I on the hook for if he gets in a car accident?

Paul D'Amore
Paul D'Amore answered on Jan 28, 2017

Your question falls under the legal umbrella of vicarious liability, which holds that a principal (employer) must pay for the accidental wrongs of his agent (employee) if those wrongs were committed while the agent was acting in furtherance of his principal's objectives. Whether your friend falls... Read more »

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3 Answers | Asked in Personal Injury for Maryland on
Q: What standard do I have to meet to prove pain and suffering?
Paul D'Amore
Paul D'Amore answered on Jan 27, 2017

You would have to meet the "more likely than not" standard. The law refers to this standard as a "preponderance of the evidence". Lawyers often describe this standard to jurors as "just over 50%", or by using the illustration of a balance scale with "one more grain of sand on this side of the scale... Read more »

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2 Answers | Asked in Animal / Dog Law and Medical Malpractice for Maryland on
Q: Animal case? Bladder surgery results in 2nd surgery, Dr. Error. Damaged urethra causing near death toxicity leakage

Failed bladder surgery, results 2nd emergency surgery due to missed leakage into body cavity and distending abdomen. Tubing of throat improperly during surgeries causes cuts in throats causing stricture scars. After scaring, vomiting began and lots of weight loss. Internal med specialist was... Read more »

Paul D'Amore
Paul D'Amore answered on Jan 20, 2017

I am very sorry to hear about your post-operative difficulties. I have seen many instances where the surgery that was supposed to "fix the problem" leaves the patient worse off than he/she started. Your potential case presents a long list of issues that would best be sorted out by an experienced... Read more »

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2 Answers | Asked in Personal Injury for Maryland on
Q: What is attractive nuisance and do you have to be a kid for it to apply in a premises liability claim?
Paul D'Amore
Paul D'Amore answered on Jan 14, 2017

Attractive nuisance is a legal fiction that turns a child trespasser into an "invitee" in the eyes of the law. The doctrine springs from the idea that children are not responsible for knowing they are entering upon private land; especially if there is something about the land that "attracts" them... Read more »

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2 Answers | Asked in Health Care Law and Medical Malpractice for Maryland on
Q: I would like to know if I medical malpractice lawsuit against alpha health center,located in Elkton MD.

I was recieving treatment for substance abuse issues during the summer of 2015,I was prescribed buprenorphine from DR azfeld,I was transfered to DR keith sololov due to sceduling conflicts. I saw dr sokolov only one time,on my next visit I was terminated from treatment with no just cause,they said... Read more »

Paul D'Amore
Paul D'Amore answered on Jan 13, 2017

With regard to your medical records, Maryland health care providers are required to disclose medical records within a reasonable time, but no more than 21 working days after the date a person in interest requests the disclosure. A health care provider that knowingly and willfully refuses to... Read more »

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4 Answers | Asked in Medical Malpractice for Maryland on
Q: If you signed an informed consent can you still sue for malpractice?
Paul D'Amore
Paul D'Amore answered on Jan 12, 2017

Signing a consent form does not take away your basis for a lawsuit. No one, including doctors and nurses, can touch you, give you drugs, or run tests on you without your permission. Therefore, you must sign a consent form to allow the doctors and nurses to treat and care for you. However, by... Read more »

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