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Questions Answered by Ronald V. Miller Jr.
2 Answers | Asked in Personal Injury and Social Security for Maryland on
Q: Why wasn't my lawyer appealing this case? And why didnt I get my benefits when this company was found recently for fraud

They were found guilty of fraudulently denying disability benefits!

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answered on Feb 28, 2017

It is hard to say why you lawyer did not appeal your case. It could be there were no appellate grounds to appeal or perhaps your retainers indicates an appeal was not included. The answer would be to ask your lawyer.

The fact that fraudulently denied disability payments -- while awful --...
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2 Answers | Asked in Legal Malpractice and Medical Malpractice for Maryland on
Q: How does lawyer suppose to return my retainer?

Using a bank check, if mailing it?

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answered on Mar 31, 2017

I agree with what Paul said. It is certainly rare to pay someone a retainer in medical malpractice cases. The vast, vast majority of malpractice lawyers in Maryland (defined as regularly handling these cases) operates on a contingency fee.

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2 Answers | Asked in Personal Injury for Maryland on
Q: If I was injured by a hardware store clerk do I have claim against the clerk or the store or both?
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answered on Feb 28, 2017

The overwhelming likelihood is that you have a claim against both. In the real world, if you have the store, you really don't care about the clerk because the store is more likely to have the ability to pay a settlement or a judgment. So if you have a solid negligence case, you should have a... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for Maryland on
Q: Do I need to file new expert report by a new expert witness?

The defense still haven't sent in their expert witness report and will they have too, after finding out I fired my attorney? And do I need to file new expert report by a new expert witness, before the defense finally sends in theirs?

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answered on Feb 28, 2017

I'm not sure exactly what you are asking. But, generally, your firing your lawyer would not alter the defendant's discovery obligations.

Generally, discovery obligations are not mutual. You cannot fail to answer discovery saying that the other party did not answer some related discovery.

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4 Answers | Asked in Personal Injury for Maryland on
Q: If you are hurt in a hit and run accident can you still claim damages?
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answered on Feb 28, 2017

Yes. You can make a claim through your own car insurance company, assuming you have coverage. If you don't there may be other options (see my friend Andrew's response below).

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4 Answers | Asked in Car Accidents for Maryland on
Q: How do the police (or a court) determine who's at fault in an accident if both drivers insist it wasn't them and want

compensation for their injuries from the other person?

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answered on Feb 10, 2017

That is actually a good question. Let me ask an even more important question first. Does the police officer's conclusion as to who was at fault matter in a civil trial? It really does not. Insurance companies are no bound by the police officer's conclusions as to who was at fault for... View More

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2 Answers | Asked in Car Accidents for Maryland on
Q: I gave a verbal agreement to a car accident settlement, but now more medical stuff is happening

- am I able to withdraw to get more money?

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answered on Feb 10, 2017

Withdraw more money? Was this an uninsured motorist settlement or was it with the defendant personally? You probably have not settled your claim but we would need more information to give you a more meaning answer.

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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?
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answered on Jan 12, 2017

Yes, yes, and yes. Informed consent just means that you consent to the procedure. You are not consenting to medical malpractice. In fact, we have a motion we regularly file to keep in informed consent that the patient signed out of evidence if it is not an informed consent case.

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1 Answer | Asked in Nursing Home Abuse for Maryland on
Q: What are the first steps to take if you suspect inadequate care at a relative's nursing home?
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answered on Jan 12, 2017

This is a pretty broad question. First, I would look at the nursing home itself. How do the Medicare ratings look? Second, I think you research the deficiencies you are concerned about. Then I would talk to the resident about the concerns, if possible. You can ask to review the medical chart... View More

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Do I suppose to receive information in mail from court or defendants?

Because my address was incorrect on HCADRO filings my lawyer office filed, I didn't want to miss out on information.

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answered on Dec 19, 2016

That is something you want to correct quickly. Call Health Claims Arbitration (410) 767-8200. They are nice and will work with you to make sure you have everything. Put your correspondence in writing and make the same request of all parties to the litigation.

1 Answer | Asked in Personal Injury for Maryland on
Q: My child was injured on a school field trip.

The parent chaperone for his group was using the bathroom when he dislocated his knee. There were parent chaperones for other groups in the same room when it happened. Can I sue them (or his chaperone who left him unattended) for his medical expenses?

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answered on Dec 19, 2016

The question would be whether the fact that he was left unattended was the cause of his injury. This would depend on he circumstances and the victim's age. Bringing a claim against a parent chaperone is going to be a bit of a challenge because the deck is stacked against you. People... View More

1 Answer | Asked in Nursing Home Abuse for Maryland on
Q: Is my father's nursing home required to have a specific number of staff?
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answered on Dec 19, 2016

Yes. Nursing Home Reform Act places minimum staffing levels. the staffing depends on the size of the facility. You can also look at the Medicare rankings to see how your father's nursing home compares in terms of level of staffing.

2 Answers | Asked in Medical Malpractice for Maryland on
Q: I had a surgeon leave a half of lump in my breast, breast cancer runs in my family what should I do?
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answered on Dec 19, 2016

This is an important question but it is a medical question at this point, not a legal question. You should ask your doctor and if your are not satisfied with the answer you should collect your medical records and take them to another doctor for a second opinion.

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2 Answers | Asked in Medical Malpractice for Maryland on
Q: What does informed consent consist of for a medical procedure?
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answered on Dec 19, 2016

In Maryland, a healthcare provider's duty to communicate information to enable a patient to make an intelligent and informed choice of all material risks and benefits of a proposed course of medical treatment. We can probably answer a more specific question. But just because a risk is listed... View More

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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?
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answered on Feb 10, 2017

It depends on the language of your insurance policy. Some people carry just liability insurance and "go naked" on property damage claims that are their fault, particularly if their car has relative low value.

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2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: I had a colonoscopy yesterday. I later found out i had to be intubated becuase I stopped breathing.

I had a colonoscopy yesterday. I later found out i had to be intubated becuase I stopped breathing. I now have severe throat pain. Was i given to much anesthesia or what happened? What should I do?

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answered on Dec 19, 2016

It would be impossible to answer any question like this with such limited information. The key to any medical malpractice case is to review the medical records to see the entire picture. Any other opinions as to what happened to you would be worse than naked speculation.

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2 Answers | Asked in Personal Injury for Maryland on
Q: I am currently settling a personal injury claim.

The other party's lawyer wants me to eliminate the wording from "suffered an injury caused by the defendant".Would this effect me in any way? Seems like they are setting up so they are saying there not at fault.

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answered on Dec 19, 2016

You are always taking risks proceeding with a lawyer. Without seeing the document, no one is going to be able to give you quality advice. Particularly in this case where the facts are goofy. I can't imagine a scenario where you were drafting the release and then negotiating over the terms.... View More

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2 Answers | Asked in Nursing Home Abuse for Maryland on
Q: Are there limitations to the rights that nursing home residents have? Does it vary based on the individual nursing home?
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answered on Dec 19, 2016

The rights are set for by law in the Nursing Home Bill of Rights and by the resident's contact with the insured. If you tell us the specific issue at play, we could probably better help you.

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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?

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answered on Jan 18, 2017

It is wrongful death claim for the mother. If there is a living father, he also has a claim which would increase the cap on noneconomic damages.

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2 Answers | Asked in Domestic Violence and Personal Injury for Maryland on
Q: My fiancé hit me so hard and cause a hematoma in my eye and bruises. How do I report this. Have him pay for my medical ?

The conjunctiva of my eye is red. My stomach is bruised. I want him to be responsible for my medical bills/copays when I got to the doctor

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answered on Sep 1, 2016

You certainly have a claim against him. (Quick non-legal advice: I'm hoping he is your ex-fiance.) You don't have to report anything but you certainly should.

This is most likely a claim you would struggle to get a lawyer to assist you with. But you can pretty easily file a...
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