Author Archives: Jay Butchko
Maryland Medical Malpractice and the Reasonable Person Standard
A fascinating case involving medical malpractice and the standard of care is playing out in the Maryland courts at the moment. On a larger level, this case could have a widespread impact on how juries evaluate medical malpractice claims in the future. In order to make sense of this legal development, the following sections… Read More »
4 Key Stages of the Legal Timeline for Crime Victims in Maryland
Today’s blog entry will focus on the legal timeline for crime victims in Maryland. The following sections will explore four key stages of the post-crime process: Crime Reporting; Case Prosecution; Sentencing Hearing and Post-Sentencing Proceedings. Victim Reports the Crime to Law Enforcement There are certain rights that come into play after the victim reports… Read More »
Wrongful Death Lawsuit Dropped After Maryland Federal Court Decision
A Maryland court ruled that the language of an insurance policy specifically excluded wrongful death stemming from criminal conduct, according to an unpublished decision by the U.S. Court of Appeals for the Fourth Circuit. In terms of background, this case began in 2010 with the tragic death of a female college senior. On May… Read More »
Maryland Workers’ Compensation and the Going and Coming Rule
The Maryland Court of Appeals recently decided a workers’ compensation case that revolved around an employee’s commute to an offsite training. The employee sustained an accidental injury during the commute and sought assistance through workers’ compensation programs. Workers’ compensation laws exist to protect employees when they sustain an injury at the workplace or while… Read More »
Contributory Negligence in Maryland Premises Liability and Negligent Security Cases
Today’s blog entry will examine the role of contributory negligence in Maryland premises liability and negligent security cases. Before diving into the specifics of contributory negligence, however, it will be helpful to review some basics on premises liability and negligent security. What is Premises Liability? Premises liability governs the relationship between property owners and… Read More »
Police Misconduct: U.S. Federal vs. Maryland State Cases
The discussion today will center on the difference between police misconduct cases at the U.S. federal and Maryland state levels. The first section will take a macro view and explore police misconduct cases at the U.S. federal level. U.S. Federal Police Misconduct Cases From a U.S. federal standpoint, police misconduct cases generally involve a… Read More »
Distracted Driving Laws in Maryland
The State of Maryland recognizes that using a cell phone or similar handheld devices while driving can increase the risk of a car accident. Often referred to as distracted driving, Maryland law prohibits the use of these mobile devices in many driving situations. In order to gain a full appreciation of this issue, the… Read More »
How Does Maryland Address Juvenile Delinquency?
Under Maryland law, the term juvenile delinquency refers to criminal conduct by children under 18 years old. These children are not subject to the same laws and penalties as adult criminals. But juvenile delinquents can face harsh punishment for engaging in criminal behavior. To help understand the intricacies of juvenile delinquency in Maryland, the… Read More »
Medical Malpractice and Hospital Safety in Maryland
Medical malpractice occurs when a doctor or other medical professional commits a serious error and injures a patient. Minor mistakes such as human error do not generally reach the level of medical malpractice. Rather, this legal doctrine exists to address serious mistakes that result in patient harm. In most cases of medical malpractice, patient… Read More »
5 Steps for Responding to Identity Theft in Maryland
In the age of digital communication, it is increasingly easy to become an identity theft victim. After all, most people conduct their affairs online, submitting their personal information while messaging, shopping or banking. In this context, it is extremely important to know how to respond to identity theft. To gain a clear understanding of… Read More »