January 2010 Archives

The settlement of a case involving a minor in Maryland is controlled by Maryland Code, Estates & Trusts Article, Section13-403. Any disbursement to the client that exceeds the statutory limit would require the net proceeds check to be written in such a way to provide for a guardianship account to be set up on behalf of the child at a bank. there is no requirement that the settlement be approved by the court. However, the insurance company frequently will want to obtain court approval of the settlement to protect their insured from any possible future claims. In any event, the Plaintiff's attorney may also wish to get court approval to provide for prima facie proof that the settlement was fair and reasonable.

A jury in Illinois recently awarded a woman $ 5 million because a physician performed an unnecessary hysterectomy. Apparently the Plaintiff did not need the procedure at all but the doctor performed it anyway. Clearly this was a breach of the standard of care required of a physician. The Hippocatic oath requires a doctor first to "do no harm". In this case, that is exactly what the doctor did. Now the woman cannot bear children and will have permanent hormonal changes, all because a doctor failed to do what he was supposed to do. If you or a loved one has been the victim of what you believe to be medical malpractice, please call one of our lawyers for a free consultation today. http://www.foranlaw.com/resources/maryland-medical-malpractice-lawyer/maryland-medical-malpractice-lawyer.html

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