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Trial Strategies

Loss of Chance? Sort of…

by WaranchB
Chance Sign

Is Loss of Chance alive in Maryland? Until recently, if you had believed the doctrine of “loss of chance” to be a dead legal concept under Maryland law, we would have agreed with you. A recent opinion issued by the … Read more

Categories Trends, Trial Strategies

Make Plaintiffs Prove the Element of Causation in their Informed Consent Claims

by April Hitzelberger
Blue Exercise Band

Recently, in our first Covid-19 trial, we successfully defended a surgeon against the claim that he failed to obtain the plaintiff’s informed consent for an endoscopic carpal tunnel surgery. The doctrine of informed consent requires physicians to explain a procedure … Read more

Categories Medical Malpractice Defense, Trial Strategies

Do You Really Need a Jury?

by Kaitlan Skrainar
Conference Room Table

Most parties to a lawsuit want their “day in court.” But does that need to occur in a courtroom, and in front of a jury? For the right case, there is a less time-consuming and far less expensive alternative to … Read more

Categories Medical Malpractice Defense, Trial Strategies

Know How to Combat Plaintiffs’ Speculative Loss of Household Services Claims

by Anthony Breschi
Woman Cleaning Window

For decades, health care professionals and insureds in wrongful death cases were exposed to speculative claims for loss of household services. No rules guided counsel (or expert witnesses) on what must be proven to recover loss of household services. Plaintiffs … Read more

Categories Medical Malpractice Defense, Trial Strategies

W&B Case Review: The Sympathy Factor

by Christina Billiet
Emergency Room

Before COVID-19, there were jury trials. And when juries one day return, it will be even more important for your defense counsel to show sensitivity about the real issues people are facing. In this Video Think Piece, Partner Christina Billiet … Read more

Categories Medical Malpractice Defense, Trial Strategies

Has COVID-19 Destroyed Our Jury Trials?

by April Hitzelberger
Courtroom

The pandemic has brought jury trials in Maryland courts to a halt. At some point, restrictions on public access to the courtrooms will be lifted. The question is, how will jury trials be conducted? Certainly, there will be a large backlog of cases … Read more

Categories COVID-19, Medical Malpractice Defense, Trial Strategies
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Waranch & Brown, LLC

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

Think Pieces

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  • The Regulatory “Back Door”: How Life Care Planners May Reintroduce Opinions Courts Have Excluded
  • Reasonable Value Is Not Charged Value: Expanding Defense Use of Market-Based Pricing in Future Care Damages

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