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Questions Answered by Jack D. Lebowitz

3 Answers | Asked in Personal Injury for Maryland on

Q: Is there any legal recourse if the driver who hit your car is uninsured?

Jack D. Lebowitz answered on Apr 28, 2017

Yes. If the other driver was careless and is at fault, and if you have a valid MD automobile insurance policy, your uninsured motorist's (UM) coverage on your own auto policy will provide insurance coverage for all of your injuries and damages. It will then be up to your auto insurance company to... Read more »

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2 Answers | Asked in Medical Malpractice for Maryland on

Q: Do plaintiff or the defendants pay the plaintiff lawyer's fee?

Whether there is a settlement before or after trial, can the plaintiff keep the whole settlement and have the defendants pay what would have been the plaintiff lawyer's percentage from it?

Jack D. Lebowitz answered on Apr 25, 2017

No, in Maryland, each side pays his or her own legal fees and expense. Plaintiff pays his/her own legal fees and expenses.

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3 Answers | Asked in Personal Injury and Medical Malpractice for Maryland on

Q: What it means when court can't find your claim #?

Former attorney didn't file lawsuit. No information shows up when court clerk searches claim #. There is also another claim # (I think is filed with defendant's insurance). What does this mean?

Jack D. Lebowitz answered on Mar 1, 2017

The insurance company claim numbers will not help you determine the status, if any, of your case within the court system. The court will assign a case number that has nothing to do with claim numbers assigned by insurance companies. I would suggest that you go online to the "Maryland Judiciary... 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?

Jack D. Lebowitz answered on Jan 12, 2017

More facts would have to be known to answer your question. But generally speaking, an informed consent is one piece of evidence that must be considered when determining whether malpractice has occurred. No matter what the informed consent may provide in terms of possible risks and complications,... Read more »

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1 Answer | Asked in Medical Malpractice for Maryland on

Q: I think my doctor committed malpractice but I didn't always follow his instructions. Will that hurt my case?

Jack D. Lebowitz answered on Dec 21, 2016

It could. Here's why: In Maryland, if you were partially at fault in causing your injuries, you may be barred from any recovery under the law known as contributory negligence. But, having said that, your question does not provide any facts, and so, it is not possible for me to have an... Read more »

3 Answers | Asked in Car Accidents for Maryland on

Q: If I'm at fault in an auto accident, can I still get my car repairs covered by insurance?

Jack D. Lebowitz answered on Dec 15, 2016

Yes, if you have collision insurance coverage under your automobile insurance. However, you will likely have a deductible that you will have to pay. Deductibles are commonly between $250.00 and $1,000.00.

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1 Answer | Asked in Nursing Home Abuse for Maryland on

Q: My dad started getting sores on his back and legs a couple months after being moved to an assisted living facility.

The staff there claims it's a result of a medical condition he had before arriving but I think they're not encouraging him to get out of bed enough. How would I go about proving this?

Jack D. Lebowitz answered on Dec 11, 2016

You would start by getting the medical records and having them reviewed by a medical expert to determine if your dad was getting proper medical and nursing care, and if the bed sores or ulcers were as a result of substandard care. Another issue will be whether your father's medical needs exceeded... Read more »

1 Answer | Asked in Medical Malpractice for Maryland on

Q: My mother passed away after what I believe was negligence during her surgery.

Can I sue for both medical malpractice and wrongful death?

Jack D. Lebowitz answered on Dec 11, 2016

Yes, in Maryland, a child (no matter how old the child is) maintains the right to sue for the wrongful death of a parent if medical malpractice or medical negligence was the cause of the parent's death.

4 Answers | Asked in Car Accidents for Maryland on

Q: I'm getting lowballed by an insurance company -- can I take what they offer now and still ask for more?

Jack D. Lebowitz answered on Nov 30, 2016

It sounds like you have been presented with a bodily injury settlement on behalf of the at fault driver's insurance company. No, you cannot take a settlement and then seek more at a later time. The reason is that the insurance company will have you sign a release as part of the settlement process... Read more »

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1 Answer | Asked in Nursing Home Abuse for Maryland on

Q: Is nursing home neglect different from nursing home abuse?

Jack D. Lebowitz answered on Nov 23, 2016

Typically, those two terms are used interchangeably and indicate medical and nursing care that fall below the accepted standards of care due to carelessness and lack of attention by the professional nursing home staff.

2 Answers | Asked in Medical Malpractice for Maryland on

Q: Who can be held responsible for medical malpractice?

Jack D. Lebowitz answered on Nov 23, 2016

In Maryland, any individual (i.e, physician or nurse) or corporation (i.e., hospital or nursing home) that is defined as a health care provider in the Courts and Judicial Proceedings Article 3-2A-01 can be held responsible for medical negligence or malpractice.

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2 Answers | Asked in Car Accidents for Maryland on

Q: I got into a car accident out of state — my car was totaled. Will the person responsible pay for a car rental?

Jack D. Lebowitz answered on Nov 23, 2016

Assuming the other driver has property damage coverage and was at fault in the collision, then his/her insurance should pay for the total loss of your car and rental car for a reasonable period of time while you find and purchase a new car. If the other driver was at fault but had no insurance,... Read more »

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2 Answers | Asked in Medical Malpractice for Maryland on

Q: My wife suffered a stroke after a chiropractic adjustment. Can I file a medical malpractice claim

against the chiropractor or is there a more relevant area of law that might help me?

Jack D. Lebowitz answered on Nov 16, 2016

I am sorry to hear about your wife. In Maryland, a chiropractor is defined as a health care provider. If the chiropractor was negligent, or committed medical malpractice and your wife suffered an injury as a result - including a stroke - the claim would be for medical malpractice or negligence.

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1 Answer | Asked in Nursing Home Abuse for Maryland on

Q: Is it preferable to go through civil or criminal court if I want to sue a nursing home for not properly caring

for my husband?

Jack D. Lebowitz answered on Nov 16, 2016

Typically, where there exists basic substandard nursing and medical care at a nursing home that causes injury to a resident, the remedy is obtained through a civil case, as opposed to a criminal case. One of the reasons for this is that it is unlikely that the nursing home intentionally hurt your... Read more »

1 Answer | Asked in Nursing Home Abuse for Maryland on

Q: Is it ever possible to get out of an arbitration agreement that a nursing home resident signed after they've passed away

and you want to file a negligence claim against the home?

Jack D. Lebowitz answered on Nov 11, 2016

I am not sure I understand the question. Of course, a dead person cannot sign a document, and any suggestion by a nursing home that someone has signed a document after dying raises issues, such as the potential of fraud. More generally, the enforceability of arbitration clauses is determined... Read more »

2 Answers | Asked in Medical Malpractice for Maryland on

Q: Do I need copies of my medical records to make a medical malpractice claim?

Jack D. Lebowitz answered on Nov 8, 2016

Yes, you will need your medical records, and likely a whole lot more. In Maryland, there is a requirement that a medical expert review the pertinent medical records and other facts and provide an expert report indicating that you suffered injuries as a result of the breach or breaches of the... Read more »

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2 Answers | Asked in Medical Malpractice for Maryland on

Q: I got an infection after a medical procedure. I think the doctor might have used non-sterile equipment.

Can I request that they turn over their medical records for my procedure so I can find proof of this?

Jack D. Lebowitz answered on Oct 30, 2016

Yes, every patient has an absolute right to his or her medical records. Now, whether you will find evidence in the medical records of non-sterile equipment, that will be the challenge I think. Good luck.

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2 Answers | Asked in Wrongful Death for Maryland on

Q: Question for a friend - her son died in an accident and he was married but didn't have any children.

She'd like to sue to get some money from the settlement - can she do that as the person's mother, or does it all go to the spouse?

Jack D. Lebowitz answered on Oct 30, 2016

In Maryland, under the wrongful death statute, your friend who is the mother of an adult child, does have an absolute right to be part of a wrongful death claim for the loss of her son.

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1 Answer | Asked in Nursing Home Abuse for Maryland on

Q: "After my Mother's death, talking to the rest of the family, we think there may have been some abuse

related to her death in the nursing home. The issue is she was cremated. Is there anything we can do here?

Jack D. Lebowitz answered on Oct 28, 2016

It sounds like you are asking if the lack of an autopsy in Maryland eliminates a potential claim for nursing home negligence in a survival action (for your mother's pain and diminished quality of life due to the alleged abuse) and/or wrongful death action that you could potentially bring if your... Read more »

1 Answer | Asked in Car Accidents for Maryland on

Q: My son was in a car accident last year and was treated.

What's the average time that we can expect to get a settlement. We feel it's gone on too long.

Jack D. Lebowitz answered on Oct 25, 2016

More information would be needed to know if the insurance company is acting reasonably. Assuming that you provided the insurance company with all of the necessary information, including medical records and medical bills related to the car wreck, support for any lost wages, and a comprehensive... Read more »

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