Squeezed On: August 30, 2007

Civil Rights Verdicts and Settlements

Metro Verdicts Monthly's graph this month just came across my desk. This month, the publication looks at median settlements and verdicts in all civil rights cases in Maryland, the District of Columbia, and Virginia since 1987. The median civil rights award in Maryland is $90,000. The median in Washington DC is $100,000. Incredibly, and I have no explanation for this, the median in Virginia is $200,000, more than 100% greater than the civil rights verdicts and settlement in Maryland.

Squeezed On: August 22, 2007

Ranking Doctors

As I have previously mentioned on the Maryland Personal Injury Lawyer Blog, some companies and organizations have begun using lawyer rating systems to rank lawyers. Now, doctors are being faced with the same scrutiny as some insurance companies have launched rating systems to 'assist' consumers in choosing a doctor. However, these rating systems appear to be inherently misleading since they take into account factors such as cost, which are usually not part of the criteria that the average patient uses to pick their physician. Doctors, and rightfully so I think, are enraged that cost is being used to rank their quality when cost is something that can easily be manipulated with billing codes and slightly different diagnosis classifications.

In Connecticut, a group of doctors have filed a lawsuit claiming that such rankings constitute libel, unfair trade practices and breach of contract. The lawsuit, which is seeking class-action status, asks that the rankings programs be terminated.

A similar lawsuit in Washington last year against Regence Blue Shield, which alleged defamation and deceptive business practices, was settled. As part of the settlement, the ranking system was shut down and the insurance company had to be a contribution to the state's medical association's education fund. Interestingly, the settlement did not prohibit Regence from having a ranking system, but merely made them agree that any future system would have the input of doctors and give them a system in which appeal their ranking.

I have mixed feelings on such ranking systems. While I would find it useful, on both a personal and professional level, to have a way to find out more information about physicians (whether it be as a patient or father or as a personal injury lawyer), such systems to date merely give the doctors an artifical classification such as 'elicit' or 'two stars'. If insurance companies are going to do this sort of thing, it has got to give the consumer some hard data in order to be useful.

Squeezed On: August 9, 2007

New Hampshire Court Tosses Confession in Child Rape Case

The New Hampshire state Supreme Court ruled yesterday that state prosecutors cannot use videotaped admissions in a child rape case, because police violated the suspect's rights while questioning him.

Indisputably, the Defendant was not read his Miranda rights or told that he could have a lawyer. But he was not in custody, because he was told that he was free to leave. To me, this means you are free to leave and are not in custody.

The New Hampshire Supreme Court disagreed, essentially finding that you may not get around Miranda obligations by saying that a person is free to leave when you have that person "in custody." The court ruled that although “the defendant may not have been placed in handcuffs or any similar device, he was restrained from early on in the encounter.”

Again, this begs the question of whether you can be in custody if you are free to leave. If you are told you are free to leave, wouldn’t a reasonable person at least try to leave? This guy has been accused of abusing four girls. Do we really want to stack the deck against these police officers who obviously were very honest in their report of the interrogation? Or should we err on the side of a confessed child molester? We are talking about four abused children. I cannot see the justice in choosing the latter option. This is coming from someone who is about as liberal as a person could be on how we should be handling criminals in this country. I sure hope the police have enough evidence to get a conviction anyway.

Squeezed On: August 7, 2007

Maryland Trial Lawyers Association Happy Hour

The new lawyers section of the Maryland Trial Lawyers Association is having a happy hour in Bethesda at Black’s Bar and Kitchen on 7750 Woodmont Avenue. You do not need to be a new lawyer to attend, just a member of the Maryland Trial Lawyers Association (on any lawyer, paralegal or law student interested in joining).

Squeezed On: August 1, 2007

Baltimore City Looks to Add "Big Brother" Speed Cameras

The Baltimore Sun reports today that Baltimore officials are asking the Maryland General Assembly to approve speed cameras in neighborhoods around the city. The need for these devices was requested in a report yesterday by a committee called - get this - Task Force on Traffic Calming and Pedestrian-Friendliness. To the great surprise of all, the task force’s proposal lacks specifics but recommends placing cameras near parks, churches, schools, and recreation centers.

Baltimore Mayor Sheila Dixon and Maryland Governor Martin O’Malley support the proposal, which would work much like red light cameras do in most counties in Maryland. This same bill passed in 2003, but was vetoed by then Maryland Governor Robert Ehrlich.

There remains opposition in the Maryland legislature to the bill, mostly by Republicans who fear Big Brother, and, as Governor Ehrlich called it, “trial by camera.” “If you really want it to be about safety, then put a policeman there and put some points on people’s license when they speed through a school zone," said Senator Andrew P. Harris, a Republican whose district is in parts of both Hartford County and Baltimore County. "It's the government taking a picture of you.... It's Big Brother keeping an eye on you."

I appreciate these concerns in the abstract, but do people really have a right not to be watched speeding down the public highways? Moreover, how much different is being watched by a police officer, as Senator Harris suggests, than by a camera. On thing is for sure: a camera is a whole lot cheaper. Last I checked, Baltimore City did not have extra money lying around in its budget.