Justia Professional Malpractice & Ethics Opinion Summaries

The Court of Appeals vacated the judgment of the court of special appeals reversing the decision of the trial court granting summary judgment to Defendants in this professional malpractice action, holding that the circuit court mistakenly applied Meda v. Brown, 318 Md. 418 (1990), in excluding Plaintiff's experts.In their motion for summary judgment, Defendants argued that there was no evidence or medical circumstances sufficient to allow an expert opinion "inference" that surgical negligence occurred in the underlying matter. After finding that the testimonies of Plaintiffs' expert witnesses were not admissible the Supreme Court granted summary judgment for Defendants. The court of special appeals reversed, finding that the trial court erred as a matter of law in excluding Plaintiff's expert witnesses. The Court of Appeals remanded the case with instructions to reverse the circuit court's judgment, holding that the circuit court erred in excluding the testimony of Plaintiff's expert witnesses. View "Frankel v. Deane" on Justia Law

White, a member of the Bar of Maryland, represented Fleming and Sewell, while under a Conditional Diversion Agreement (CDA) with Bar Counsel for prior misconduct involving mismanagement of her attorney trust account. The CDA was amended, then subsequently revoked due to non-compliance. The Attorney Grievance Commission filed a Petition for Disciplinary or Remedial Action, based upon White’s representation of Fleming and Sewell, non-compliance with the CDA, and the mishandling of her trust account. Bar Counsel alleged that White violated Maryland Lawyers’ Rules of Professional Conduct: Rule 1.1 (Competence), Rule 1.3 (Diligence), Rule 1.4(a) and (b) (Communication), Rule 1.15(a) and (d) (Safekeeping Property); 1.16(d) (Declining or Terminating Representation); 8.1(a) and (b) (Bar Admission and Disciplinary Matters); and Rule 8.4(a), (c), and (d) (Misconduct). Bar Counsel also alleged that she violated Maryland Rules 16-606.1 (Attorney Trust Account Record-Keeping), 16-607 (Commingling of Funds), 16-609 (Prohibited Transactions), and Md. Code 10-306 of the Business Occupations & Professions Article (Misuse of Trust Money). White attributed her actions to illness, recuperation after surgery, and difficulties experienced as caretaker of her mother until her death. A hearing judge found multiple violations. Bar Counsel requested indefinite suspension with the right to apply for readmission after six months. The Maryland Court of Appeals agreed. View "Attorney Grievance Comm'n of Md. v. White" on Justia Law

The Board of Physicians sanctioned Petitioner, a medical doctor, upon finding that Petitioner violated several subsections of Md. Code Ann. Health Occ. 14-404 when he falsely indicated on an application for renewal of his medical license that he was not involved in a medical malpractice action. The circuit court and court of special appeals affirmed. The Court of Appeals affirmed, holding (1) the Board did not err in either its interpretation of Md. Code Regs. 10.32.02.03.C(7)(d) or its application of that regulation to the statement of Petitioner's counsel that Petitioner would be in court on a date proposed to conduct an unrelated case resolution conference; (2) the Board properly decided that Petitioner violated section 14-404(1)(3) by failing to include on his application the pendency of the malpractice action; and (3) the Board did not err in determining that the term "willful" means intentional for purposes of section 14-404, and the record contained substantial evidence that Petitioner willfully made false statements in connection with his involvement in a medical malpractice action in his application for license renewal. View "Kim v. Bd. of Physicians" on Justia Law