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Medical Malpractice Defense

Winning the Objection is Not Always Enough

by Alexander Carlson
Two male attorneys wearing dark suits speaking with a female judge in a courtroom

Imagine your healthcare organization has an outstanding patient satisfaction rating, but a trial attorney attempts to twist that fact into something that leaves a negative impression with the jury. How would you want your defense team to respond in that … Read more

Categories Best Practices, Medical Malpractice Defense

A Prescription Is Not Necessarily a Prediction

by Rachel Giroux
A pile of yellow, white, and pink pills in blister packs

A recent case illustrates how routine, precautionary medical decisions can be reframed by a creative plaintiff’s counsel as evidence of catastrophic “future risk” to form the foundation for multimillion-dollar damages claims. This particular $24 million nursing claim was built almost … Read more

Categories Best Practices, Medical Malpractice Defense

Using AI to Assist with Charting

by Alexander Carlson
A chart showing upward trending lines with standard deviations.

AI-assisted charting tools promise greater efficiency, more complete documentation, and reduced administrative burden for physicians and nurses. The technology is so popular, it’s even been featured in the popular HBO television show “The Pitt.” For healthcare professionals, the question is … Read more

Categories Medical Malpractice Defense, Trends

The Regulatory “Back Door”: How Life Care Planners May Reintroduce Opinions Courts Have Excluded

by Rachel Giroux
The back door of a brick house surrounded by trees and tall grass

Beware. Even when speculative medical opinions are excluded, plaintiffs in a medical malpractice case may seek alternative pathways to present the same damages theories to a jury in a “back door” maneuver. It happens more often than one might think. … Read more

Categories Medical Malpractice Defense, Trial Strategies

Reasonable Value Is Not Charged Value: Expanding Defense Use of Market-Based Pricing in Future Care Damages

by Rachel Giroux
Graph showing Charged Value Vs. Market Value

For decades, future medical damages have been driven by the concept that charged rates represent reasonable value. But courts are increasingly recognizing what providers, insurers, and patients have long understood: charged rates often bear little resemblance to what medical care … Read more

Categories Medical Malpractice Defense, Trends

Testimonial Immunity — One Less Concern for the Nervous Witness

by Alexander Carlson
Female witness wearing a blue suit giving testimony before a diverse jury

Testifying in a medical malpractice case can be daunting for healthcare professionals, particularly when candid testimony about difficult facts concerning other individuals raises concerns about potential defamation exposure. Fortunately, Maryland subscribes to the absolute litigation privilege, which generally immunizes litigation … Read more

Categories Maryland Medical Issues, Medical Malpractice Defense
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Waranch & Brown, LLC

1301 York Road, Suite 300
Lutherville, MD 21093
(410) 821-3500

Think Pieces

  • Winning the Objection is Not Always Enough
  • A Prescription Is Not Necessarily a Prediction
  • Using AI to Assist with Charting

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