Posted on February 01, 2010 in Controlled Dangerous Substances (CDS)

Of all of the cases that Baltimore Maryland Criminal Attorneys/Lawyers are called upon to handle, some of the most difficult are cases involving repeat offenders in drug distribution cases. In Maryland, if a person who has been previously convicted of a either possession with the intent to distribute a narcotic such as heroin, cocaine or prescription controlled dangerous substances, is again charged, he will likely face a mandatory jail sentence that must be served without the possibility of parole. Some jurisdiction such as Baltimore County, pursue these mandatory sentences in virtually every case. Other jurisdictions such as Baltimore City more often than not use the threat of invoking the mandatory sentence to pressure defendants into plea bargain on terms that prosecutors view as favorable.

In Maryland, in cases where a person is charged with distribution of or possession with intent to distribute narcotics such as cocaine, heroin or prescription drugs, a second offender will be subject to 10 years in prison without the possibility of parole. A third offender is subject to a mandatory 25 year sentence without parole and a person with 4 or more convictions faces 40 years. However, in cases involving second offenders, a defendant who is convicted may be eligible for a modification of that sentence if the person is found to be in need of drug treatment by the Department of Health and Mental Hygene and to be sufficiently motivated to take advantage of the opportunity to receive treatment.

For a Maryland Criminal Attorney to put his client in a position to have his mandatory sentence modified, the attorney must file two motions within 90 days of the imposition of the sentence. The first is a motion for modification of sentence. The purpose of this motion is to allow the court to maintain jurisdiction over the case beyond the 90 day period. The second motion is a motion under section 8-505 of the Health General Article.

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 Posted on January 29, 2010 in Bowel Malpractice

A New York state jury has awarded a $2.4 million verdict to a woman in a medical malpractice case. The woman underwent partial bowel removal surgery that should not have been performed, causing her to spend 2 ½ months in the hospital and have three more procedures to fix the complications. During the next few months, she was admitted to three hospitals and had to undergo two other surgeries to take care of infections and complications from the first procedure. As a result of her condition, she now is unable to control her bowels, lives with severe pain and has terrible scars. The jury’s verdict consisted of $2.2 million for the woman and $200,000 for her husband. A copy of the article regarding the case can be found here.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled a number of medical malpractice cases involving the bowels. Some have been negligent bowel injury cases from procedures such as minimally invasive surgery. These injuries frequently cause major complications because the bowel has so much bacteria in it. Other bowel malpractice cases that I have handled have involved the failure to timely diagnose and treat mesenteric ischemia, which is the lack of proper blood supply to the bowel, causing death of the bowel. These are extremely painful and devastating injuries. To see some of the cases I have handled, click here.

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 Posted on January 29, 2010 in Urology Malpractice

A Kentucky jury has award $4.6 million to a couple in a medical malpractice case. The couple claimed that a urologist performed a negligent medical procedure on the husband causing permanent personal injuries. The verdict included $3,750,000 to the husband for pain and suffering, $117,612 for medical expenses and $750,000 to the wife.

As an experienced Baltimore, Maryland medical malpractice lawyer, I handle cases like these all of the time in my practice. One involved negligent anesthesia during urological procedures, while another involved the failure to recognize a spinal cord tumor that was causing incontinence. This is an extremely large verdict for such a case. While the newspaper article didn’t identify the particular injury, it must have been severe.

Contact Andrew G. Slutkin with further questions or inquiries at 410-385-2786

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 Posted on January 28, 2010 in Divorce

The short answer is, they do not. Martial property is defined as “the property, however titled, acquired by 1 or both parties during the marriage.” Maryland Code, Family Law § 8-201(3). This includes a marital business acquired by one or both of the parties during the marriage. For more information on marital property division during a divorce proceeding see our Marital Property Blog from August 19, 2009 . Many times the issue of how to solve the ‘division’ of a martial business in a divorce proceeding is a complicated one due to stock ownership, the value of the business, and consideration of employees of the business.

In accordance with Maryland Code, Family Law § 8-202 (b) when the court determines the ownership of personal or real property, the court may: (1) grant a decree that states what the ownership interest of each party is; and (2) as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds. A business is not real or personal property and due to how the stock of the company is held, a sale of the business may not always be a viable option. In the recent case of Turner v. Turner, 147 Md. App. 350 (2002) the Court of Special Appeals found that they could not order sale of the marital business or partition (divide) the marital business, awarding wife 50% of the business, because the husband owned 87% of the shares of stock in the company and Wife owned the remaining shares. The court does not have the authority to re-title stock and does not have the authority to sell it. Therefore in Turner, the court awarded the wife a larger percentage of the parties total value of marital property (a monetary award). What this means is that when a marital business is an issue and stock is held by both husband and wife, but titled individually, in addition to divorce proceedings, an action to dissolve the corporation may also be necessary if parties are unable or unwilling to continue to work/ run the business together.

I recently settled a case, where the husband and wife started a business during the marriage and each party owned 50% of the stock individually. So while the business itself was marital and the individually held stock was also martial, the court would not have been able to sell the business though the divorce proceedings, unless agreed upon by the parties. Ultimately, my client bought out the other spouses interest, after months and months of negotiation. However, in the event a resolution had not been reached, the parties would have had to puruse a corporate dissolution proceeding with respect to the business. If you chose to start a business with your spouse, a simple way to avoid the pitfalls above is to title each share of stock jointly. By titling it to both parties, the Court, through the divorce proceeding, will have the authority to sell the asset.

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 Posted on January 26, 2010 in Anesthesia Malpractice

An Alabama jury has awarded $20 million in a medical malpractice case in which a woman died after receiving negligent anesthesia care. The woman, a wife and mother of two, died in 2006 after receiving anesthesia during exploratory surgery. The woman, who had been suffering from severe abdominal pain, aspirated bile from her stomach into her lungs, causing aspiration pneumonia. The family claimed that the defendant doctors did not examine the woman’s abdomen or look at her medical records before the exploratory surgery, which would have revealed her risk factors for breathing fluid into her lungs.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled a number of medical malpractice cases, including some involving the negligent administration of anesthesia. In one case, a woman died from improper monitoring during anesthesia. In another case, a patient died of aspiration pneumonia during the days after surgery. These are tragic cases. They can easily be prevented with just even the minimum care and attention. To see some of the cases I have handled, click here.

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 Posted on January 26, 2010 in Over-radiation Malpractice

The New York Times published a detailed article this past weekend on radiation overdose malpractice in New York hospitals. The article reports a number of shocking instances of people who have been given too much radiation during treatment for various cancers. Many of them have suffered terrible health complications from this malpractice, including gaping wounds, loss of hearing, sight, the ability to heal, walk and otherwise function. A copy of the article can be found here.

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 Posted on January 26, 2010 in Medication Malpractice

A Missouri woman has settled a medical malpractice lawsuit for $2.5 million. The woman was treated at University Hospital in early 2005 for dehydration, which was the result of a gastrointestinal condition. Apparently, doctors infused her with nutritional supplements through an IV in her subclavian artery, just below the collarbone, instead of the subclavian vein, where it was supposed to go. This caused fatty blockages to travel to her brain for five consecutive days, causing severe strokes and neurological and mental impairment. She is mentally and physically handicapped as a result.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled a number of medical malpractice cases involving the incorrect administration of mediation or nutrition through IVs. These cases usually involve clear medical negligence as the wrong product (medication or nutrition), dosage or entry point is used. In one case, a hospital gave the wrong medication dosage to a patient causing the patient to die. The error was clear from the medical records. In another case, a woman was given 5 times the proper dosage of nutrition supplement causing her to go into cardiac arrest and die. These are terribly upsetting cases because they can easily be prevented with just a little care and attention. To see some of the cases I have handled, click here.

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 Posted on January 25, 2010 in Surgery Malpractice

A Massachusetts jury has found that two doctors at Children’s Hospital Boston were guilty of medical malpractice that caused the death of a 3-year-old boy, and awarded the parents $15 million. The boy died a year and a half after he underwent surgery for a birth defect. The child was born with a severe congenital heart defect called Tetralogy of Fallot, a complicated but treatable birth defect that affects the flow of blood through the heart. He underwent eight procedures, 7 of which were cardiac catheterizations, before coming to Children’s for another catheterization procedure to widen his arteries. After the Boston procedure, the child suffered a seizure. A CAT scan revealed that that contrast dye, which is used during the procedure to better see the patient’s anatomy, had leaked into his brain. Later, an MRI revealed that a piece of metal had lodged in the boy’s brain, probably from a medical instrument. When the child left the hospital, he was unable to walk or speak. The jury awarded damages of $5 million for the child’s pain and suffering, $5 million for the parents’ loss of their child, and $5 million for the child’s wrongful death.

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 Posted on January 25, 2010 in Psychiatric Malpractice

Washington state has agreed to pay $1.3 million to settle a medical malpractice lawsuit that was brought by one of its former hospitals by a man who escaped out of the window of a county-owned mental hospital and hurt himself jumping onto a fire-escape landing. It was alleged that, while the man was being held in a “seclusion room,” he was not adequately monitored by the hospital and that the room was not adequately secured. The man climbed out of a window, walked along a narrow area, and then jumped to the roof of an adjacent area, which enabled him to reach the roof of another building. He then jumped to the fire escape landing. The man suffered multiple fractures in the fall.

As an experienced Baltimore, Maryland medical malpractice lawyer, I and my office have successfully handled a number of cases in which people are injured or killed due to the failure of those in charge of persons to properly care for them. In one case, a psychologist and psychologist who saw a psychotic patient in an emergency room improperly discharged him, resulting in the patient’s suicide the next day. In another case, a hospital failed to properly restrain and monitor a patient, causing his death from asphyxiation. In yet another case, a teenager at a youth facility was improperly put into a prone restraint, asphyxiated and killed.

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 Posted on January 25, 2010 in Dr. Mark Midei and St. Joseph Hospital - Stent Malpractice

There has been a lot of publicity lately about a doctor at St. Joseph Medical Center in Towson, Maryland, that supposedly implanted cardiac stents that may not have been necessary. The publicity started after St. Joseph Medical Center sent out letters to 369 former patients stating that a review of surgeries by Dr. Mark Midei revealed that Dr. Midei may have told these people that they had severe coronary artery blockages that they actually didn’t have, and then recommend and performed stent surgery on these people when it was not necessary. Usually, such stents are only placed in people who have blockages of 70% or more.

In the article, a women is quoted who was told that she had a 90% blockage and underwent stent surgery as a result, but after getting a letter discovered that she only had a 10% blockage and didn’t need the surgery. Not only did she undergo unnecessary surgery, but she incorrectly believed she had severe cardiac disease and now has to take blood thinners for life due to the stent.

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