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Questions Answered by Ronald V. Miller Jr.

3 Answers | Asked in Medical Malpractice for Maryland on

Q: How serious of an injury do I need to have suffered in order to win a med mal case against a major hospital?

Ronald V. Miller Jr. answered on Dec 18, 2018

The question is not about winning and losing. You can win a malpractice case with minimal injuries. The problem is finding a lawyer willing to handle a smaller case who is willing to front the expense in the case and accept losing that money if the case is no successful. If the injuries are not... Read more »

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1 Answer | Asked in Civil Litigation for Maryland on

Q: what is the law if you brake property on the job from a outside vender

I broke the plastic plex glass on a vending machine , I am willing to pay damages the owner cussed me out and was rude and very disrespectful

We have a Union and I want to file harrassment charges against the vender but I really dont want to go that far.

Ronald V. Miller Jr. answered on Oct 31, 2018

Your employer may also have responsibility for the damages. I just think we need to know more facts which might be why you have not gotten any responses.

2 Answers | Asked in Civil Litigation for Maryland on

Q: Can I just withdraw a lawsuit at any time if I feel like it?

Ronald V. Miller Jr. answered on Oct 31, 2018

It would be nice to have the context of the questions. But, generally, you can absolutely dismiss a case at any time. I would request a dismissal "without prejudice" if you may have any desire to revise the claim.

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2 Answers | Asked in Medical Malpractice for Maryland on

Q: Is there a difference between medical malpractice and regular negligence?

Ronald V. Miller Jr. answered on Oct 31, 2018

In Maryland, the biggest difference is the hoops you have to jump through to bring a claim in malpractice cases that are required by the statutory scheme that covers our malpractice claims. But the gist of malpractice is the same as negligence.

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3 Answers | Asked in Personal Injury for Maryland on

Q: Do personal injury settlements include medical bills my insurance didn't cover?

Ronald V. Miller Jr. answered on Oct 25, 2018

Theoretically, you settlement should cover bill your insurance did not pay AND bills they did pay. Your damages for settlement include the total amount of your medical bills.

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1 Answer | Asked in Medical Malpractice for Maryland on

Q: If I got a settlement, would I still be able to post a review of the doctor online,

or would that mean I couldn't discuss it.

Ronald V. Miller Jr. answered on Sep 7, 2018

It would depend on the terms of the settlement agreement, specifically the confidentiality portion.

3 Answers | Asked in Car Accidents for Maryland on

Q: I was hit by a driver who lives out of state. Can I still sue him in Maryland or do I have to travel to his state?

Ronald V. Miller Jr. answered on Apr 15, 2018

Good question. You can sue the driver in Maryland for any tort that occurs in Maryland.

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1 Answer | Asked in Medical Malpractice for Maryland on

Q: We were told a procedure was risky and it didn't work - can we still sue?

Ronald V. Miller Jr. answered on Apr 6, 2018

There has to be negligence. That is the key. Did they perform the risky procedure like an ordinary, reasonable prudent surgeon would. It is not the outcome that matters. It is whether a mistake was made.

1 Answer | Asked in Medical Malpractice for Maryland on

Q: Is there a maximum amount of money I can recover if I win a medical malpractice suit in Maryland?

Ronald V. Miller Jr. answered on Mar 30, 2018

Google Maryland malpractice cap to find out the exact numbers. It is based on the year of the injury. The pain and suffering cap this year is 800k. There is no cap on economic damages.

1 Answer | Asked in Medical Malpractice for Maryland on

Q: Is there ever a situation where a patient injured due to a surgeon's negligence can collect punitive damages?

Ronald V. Miller Jr. answered on Mar 30, 2018

Good question. There is no possibility in Maryland unless the surgeon had actual intent to cause you harm.

1 Answer | Asked in Medical Malpractice for Maryland on

Q: How serious of an injury do I need to have suffered in order to win a med mal case against a hospital?

Ronald V. Miller Jr. answered on Mar 30, 2018

You do not need a serious case to win. You need a serious case to get a lawyer interested in your claim if you want to pay by contingency fee.

How series is a sliding scale based on how obvious the malpractice is.

1 Answer | Asked in Medical Malpractice for Maryland on

Q: My daughter's doctor took her cast off too early and she broke her leg in the same place again a week later.

Does that constitute medical malpractice?

Ronald V. Miller Jr. answered on Mar 30, 2018

I would depend on the facts of the case. A bad outcome does not mean malpractice. If you could prove that a reasonable, prudent doctor would not have taken the cast off early, you have a theoretical case.

1 Answer | Asked in Medical Malpractice for Maryland on

Q: I just found out I was misdiagnosed and underwent an unnecessary surgery. How much can I recover? Just the bills?

Or more?

Ronald V. Miller Jr. answered on Mar 30, 2018

You could potentially recover your bills, you lost wags, and your pain and suffering damages if a jury were to find a mistake was made.

1 Answer | Asked in Medical Malpractice for Maryland on

Q: My doctor prescribed me a medication that I ended up being allergic to. Can I sue for medical malpractice?

Ronald V. Miller Jr. answered on Mar 30, 2018

As a practical matter, unless you suffered serious injuries, no lawyer would take this case. Whether you have a theoretical case would depend on whether the doctor knew or had reason to know you might be allergic to that medication.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Maryland on

Q: Informed a specific lab test was unavailable after I was already obligated to pay. Discrimination? What are my options?

After I registered at a lab for several blood tests, I was told that they could do all tests except for the Sickle Cell screening. I already registered before they told me that, meaning I was already obligated to pay them. One of my issues is that, by offering all other tests except the Sickle Cell... Read more »

Ronald V. Miller Jr. answered on Mar 30, 2018

I don't think this is a medical malpractice case. Did you call the lab and tell them you no longer want to take the test and explain why? I doubt they would hold your feet to the fire if you have not yet taken the test.

4 Answers | Asked in Personal Injury for Maryland on

Q: Can I sue a cyclist who hit me on a sidewalk? There were no marked bike lanes.

Ronald V. Miller Jr. answered on Mar 30, 2018

Certainly, there may be facts to support your claim. You just have not offered enough facts about your case but there are many scenarios like this where the cyclist could be responsible.

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1 Answer | Asked in Car Accidents for Maryland on

Q: I was involved in an accident with another driver who is lying about wearing his seat belt.

Will I be penalized for his excessive injuries?

Ronald V. Miller Jr. answered on Mar 23, 2018

Yes. It does not matter under Maryland law whether he was wearing a seatbelt or not. You are still responsible for his injuries even if he told the truth.

1 Answer | Asked in Car Accidents for Maryland on

Q: If a neighbor claims you scratched their car while putting a chair in the backseat and you leave not knowing you did thi

And come back to a note on the door saying you left two scratches on their car a d the make and model of the accused car should I remove the apology note saying sorry we didn't know anything happened and didn't mean to cause any harm should I remove the apology note or do you think anything serious... Read more »

Ronald V. Miller Jr. answered on Mar 23, 2018

From a legal standpoint, you are best to just let it go because saying anything could get you into trouble. If you are less worried about the legal and more interested in being a good neighbor, go with your first idea.

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