Summer 2018
The Certificate of Qualified Expert: Respondeat Superior Liability on Behalf of the Medical Provider Entity as a Result of its Agent’s Actions
By Emily F. Belanger
The recent case of The Retina Group of Washington, Inc. v. Crosetto, No. 2385 (Md. Ct. Spec. App. Apr. 27, 2018) highlighted a major flaw in a Plaintiff’s certificate of qualified expert as it related to an agent of a medical provider entity. By way of factual background, Mr. Crosetto was…
Recent Developments - Maryland
The Statutory Cap on Non-economic Damages Applies to Intentional Torts
Maryland’s highest court upheld the application of the statutory cap for non-economic damages in personal injury and wrongful death actions even where the defendant was found to be grossly negligent. Rodriguez v. Cooper arises out of the murder of a prisoner by another prisoner while both were in State custody. The victim’s…
Application of Uninsured Motorist Coverage to Renewal Policies
The Court of Special of Appeals in the case of Duckett-Murray v. Encompass Insurance Company of America interpreted the language “issued or delivered” as it applies to uninsured motorist (“UM”) coverage in motor vehicle insurance policies. In 1992, the Maryland Legislature amended the Insurance Article to require that UM limits must equal…
Disclosure of Facts Reasonably Relied upon by Testifying Expert to Jury
In Lamalfa v. Hearn, the Court of Appeals held that the trial court properly admitted into evidence Plaintiff’s post-accident medical records offered by Defendant and relied upon by Defendant’s medical expert in opining that Plaintiff’s injuries were not related to the accident. This case arises out of a motor vehicle accident…
Recent Developments - Virginia
Application of Last Clear Chance
In Coutlakis v. CSK Transp., Inc., 293 Va. 212, 796 S.E.2d 556 (2017), the scope of the “last clear chance” doctrine was analyzed by the court. The complaint alleged wrongful death of the Plaintiff who was killed by a passing train when he was walking along the tracks while wearing earbuds. …
The Misnomer Statute and Relation Back of a Complaint
In Sparks v. Lucas, 2018 Va. Cir., LEXIS 43 (March 23, 2018), the Plaintiff alleged she was injured when she was rear-ended by a vehicle driven by Eddy Lucas on April 4, 2014. Plaintiff stated that the Defendant did not have an insurance card, but that he was insured by Allstate…
Recent Developments - District of Columbia
Corporate Policies Do Not Always Create a Standard of Care
When defending a personal injury claim corporations must often assess whether their employees’ actions complied with the corporation’s policies and procedures. However, the Court of Appeals for the District of Columbia Circuit recently held that the failure to comply with internal procedures does not necessarily mean an applicable standard of…
Increase in Jurisdictional Limit for Small Claims
On December 14, 2016 the City Council increased the jurisdictional limit for the Small Claims branch from $5,000 to $10,000. Plaintiffs may now bring certain civil claims for an ad damnum demand up to $10,000 in this venue, which does not provide for discovery and is not governed by the rules of…