What do medical malpractice attorneys do and when you should hire one?

When most patients undergo a routine surgery, are admitted to a hospital or visit a doctor’s office there are positive outcomes and patients leave healthy and whole. Unfortunately, not all medical care has positive outcomes, and sometimes medical care can go terribly wrong.

According to the Centers for Disease Control and Prevention 2015 survey, 86 percent of adult Americans, and 93 percent of children had some contact with a health professional during the year. In 2011 alone, there were more than 990 million physician office visits and nearly 126 million hospital visits.

Doctors and nurses have demanding caseloads, work long hours and often have a limited time to spend with any one patient. Unfortunately, due to stresses inherent work doctors, nurses and other health professionals do make mistakes, sometimes with deadly consequences.

Last year researchers at Johns Hopkins Medical Center released the results of a study which found that an estimated 250,000 Americans die each year as the result of medical errors. This places medical error deaths as the third leading cause of death in the United States surpassed only by cancer and heart disease, which each claimed about 600,000 lives in 2014. According to the study, medical error deaths ranked ahead of respiratory disease, by more than 100,000 deaths.

WHAT IS MEDICAL MALPRACTICE?

The National Center for Biotechnology Information, U.S. National Library of Medicine defines medical malpractice, “as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.”

Medical malpractice is not limited to the acts or omissions of doctors. Any medical professional can commit acts that fall under the umbrella of medical malpractice. Nurses, dentists, therapists, technicians and other healthcare providers are all medical professionals that can potentially cause harm during medical care.

Medical professionals are not the only defendants in medical malpractice suits. Hospitals, clinics, and doctor’s offices are responsible the training, education, supervision, and resources provided to its employees. Supervision of a medical facility’s employees can significantly influence the care you receive, and in some cases, medical facilities do not provide their medical professionals with the resources necessary to effectively treat and manage their patients.

When doctors and nurses do not receive adequate training, it can lead to inadequate care. Therefore, your medical malpractice attorney may decide to also include a medical facility or professional association as defendants in your case.

There are many typical medical malpractice cases including surgical errors, birth traumas, medical misdiagnosis, anesthesia errors, unreasonable delay in treating a diagnosed condition, neglect, or failure to obtain informed consent from a patient before treatment.

WHEN SHOULD YOU CONTACT A MEDICAL MALPRACTICE LAWYER?

If you think you may have been the victim of a medical error, you should not hesitate to contact a medical malpractice attorney. In many cases there is a strict statute of limitations on medical malpractice suits, so time is of the essence and you should reach out to an attorney before it’s too late.

If you have suffered and injured as the result of medical negligence, you should schedule an initial consultation with a medical malpractice attorney.

If an attorney believes there is substantial evidence of medical malpractice he or she may bring a lawsuit against the negligent parties, including physicians, doctor’s groups, insurance companies, managed care organizations, hospitals, medical corporations, and clinics.

Although you may feel you have suffered injury as the result of medical professional negligence, it takes skilled and knowledgeable medical malpractice lawyers and experts to review the circumstance surrounding your case to determine whether a medical treatment, misdiagnosis, or medical treatment is actual malpractice.

WHERE ARE MEDICAL MALPRACTICE SUITS FILED?

In the United States, medical malpractice law is under the authority of the individual states, so it is essential that if your case will be brought to a Maryland state or Baltimore City circuit court that you hire an attorney admitted to the bar in that jurisdiction. If your injury took place in a Baltimore hospital, you need to find an attorney who can practice in Baltimore. Your attorney will determine to correct court to file your lawsuit after he or she has discussed your case with you.

Many armed service member, veterans and the family members of those serving in the military receive care at federal facilities, some malpractice claims may involve the federal government. In those cases, your attorney may file your lawsuit in a federal district court. Your suit may also be submitted to a federal court if there is a violation of fundamental constitutional rights alleged in the negligent conduct.

WHAT IS NEGLIGENCE AND WHAT ARE THE ELEMENTS OF MEDICAL MALPRACTICE?

In medical malpractice cases, negligence is the predominant theory of liability. According to an NCBI article, “medical malpractice is a specific subset of tort law that deals with professional negligence…‘negligence’ is generally defined as conduct that falls short of a standard; the most commonly used standard in tort law is that of a so-called ‘reasonable person.'” 

Your medical malpractice attorney must establish the following elements for your case to move forward:

duty,

breach of the standard of care,

causation, and

damage for your case for you to recover damages for negligent malpractice.

The element of duty is based on the existence of a doctor-patient relationship. Your attorney will have to show that the medical professional in your case had indeed entered into a professional relationship with you before you can move forward with your case.

Next, your attorney will have to show that the medical professional violated the applicable standard of care. Your attorney will establish the violation of the standard of care through the discovery process as he or she gathers evidence and utilizes expert witness testimony.

The third element of your medical malpractice attorney will need to show causation, which merely means there is a causal connection between the breach of care and the injury you suffered.

Lastly, your attorney will need to show that you suffered actual damages as a result of the medical professional’s deviation from the standard of care.

WHAT IS A MEDICAL MALPRACTICE ATTORNEY AND WHAT WILL HE OR SHE DO IF HE DECIDES TO REPRESENT ME?

The duties of an attorney can take on many forms. Civil litigators are attorneys who provide legal representation to plaintiffs alleging physical or psychological injury as a result of the negligent or careless acts of another person, entity or organization.

A medical malpractice lawyer is a civil litigator who performs many of the day-to-day tasks of a personal injury lawyer.

As your attorney moves forward with your case, he or she will work with medical experts to develop a theory for your case. The experts will produce reports used as evidence in your case.

WHAT ARE DEPOSITIONS FOR A MEDICAL MALPRACTICE CLAIM?

Next, your attorney will take depositions, which is the questioning of a witness under oath outside of a courtroom. Your attorney will conduct depositions from you and any medical experts, medical personnel and other third parties connected to your case.

As part of the discovery process, your attorney will gather and analyzing medical records and other documents that contain facts related to your case.

Of course, you will be an integral part of the discovery process and your attorney will most likely set up independent medical examinations (IMEs) to obtain an objective evaluation of the condition of the injured plaintiff.

Generally, as part of their education, medical malpractice attorneys perform medical research relating to the medical conditions that occur as the result of medical malpractice.

Your attorney may also work with legal nurse consultants, who are professionals who offer advice to attorneys, paralegals and legal experts regarding medically-related issues of the law.

Because medical malpractice attorney often specializes in specific types of medical malpractice cases such as birth injuries, surgery mistakes, or dental malpractice, it is critical that you thoroughly research medical malpractice attorney’s before you decide who should represent you in your case.

HOW DO I CHOOSE THE RIGHT MEDICAL MALPRACTICE ATTORNEY?

Hiring the right attorney to represent you can be a daunting task, but with this handy checklist, you can be better prepared to ask questions that will help you make your final decision.

First, you need to ask what experience does the attorney have? How long have they been practicing law? Has the attorney handled medical malpractice cases before?

If so what were the results? What are online reviews of the attorney? Has he or she won any awards or been recognized by a professional organization like Best Lawyers, Super Lawyers or Martindale-Hubbell?

Many medical malpractice attorneys obtain board certification from an organization such as the American Board of Professional Liability Attorneys. To earn board certification, an attorney must exceed rigorous requirements in areas such as experience, ethics, education, examination and excellence in professional liability law.

WHAT KIND OF RESULTS HAS THE ATTORNEY ACHIEVED?

It may be intimidating to ask these types of questions of an attorney, but you have to remember they are working for you. And although all attorneys have to go through law school, not all attorneys are created equal. If your attorney is not will and forthright when you ask these questions, find an attorney that is willing to answer your questions.

Make sure to ask the attorney, what was the result of his or her most recent medical malpractice suit? Has the attorney ever taken a case to trial? If so, what was the result? What are some of the awards the attorney has won in previous cases?

WHAT OTHER RESOURCES DOES THE ATTORNEY HAVE?

Make sure to ask if the attorney is in individual practice or part of firm? How many attorneys work at the firm and will they assist in the case? Does your attorney have access to expert witnesses and medical investigators?

HOW WILL YOUR CASE BE MANAGED?

Case management is crucial in any litigation. Local rules determine the timing of discovery, the filing of pleadings, and the taking of depositions, so it is critical you know the attorney will manage your case.

To do so make sure your attorney tells you whether he or she will be handling the case personally or will they refer the matter to another law firm? Will you be interacting with other lawyers, paralegals or staff at the firm?

Make sure to ask how often the attorney will update you on the progress of the case. Ask who will be the point of contact for your and how accessible will they be for you.

LEGAL FEES IN A MEDICAL MALPRACTICE SUIT

Lastly, ask about the bottom line.

Make sure your attorney informs you of the fee he or she collects for the services rendered.

Many times, medical malpractice attorneys work on a contingency, which is a fee arrangement, where the lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer’s fee comes out of the money awarded to you. Often if a case goes to trial, the attorney receives a higher percentage, as much as 40 percent.

Make sure you take notes regarding the interviews conducted with attorneys so you can make an informed decision on the attorney you choose to represent you. This decision can have life-long consequences, so you’re your time and speak with several lawyers before making your decision.

HIRING AN ATTORNEY

After you have spoken with several attorneys make sure to research each candidate and read online reviews. Many websites such as www.bbb.org/Reviews/Lawyer, https://www.martindale.com/ratings-and-reviews/, and https://www.lawyers.com/ are all excellent resources for reviewing potential medical malpractice attorneys for your lawsuit.

How can police search a car without a warrant?

As a criminal law attorney, I have often argued whether law enforcement had grounds to search a client’s clothes, home, car or business. Under law, police need a warrant to inspect premises, but a recent decision from the Court of Appeals of Maryland explains that officers at a traffic stop didn’t need a warrant to search a car.

Why? Because the officers had enough direct telltale signs at the stop to determine the driver could have been carrying drugs in her car. In other words, the officers had probable cause.

WHAT IS PROBABLE CAUSE?

Sometimes police have adequate, even obvious reason to place someone under arrest and conduct a search of — and even seize — their property if it’s related to an alleged crime.

This is what’s known as probable cause, in that the officers had deduced enough cause based on facts of the situation.

Of course, there are other times when a person’s Fourth Amendment rights, which protect against unreasonable search and seizure, are determined to have been violated if case law supports that argument.

I’ve represented criminal defendants who have been in that scenario, and based on the facts at hand, they were either acquitted or convicted on a lesser charge.

The defendants in State of Maryland v. Johnson, No. 22 Sept. Term, 2017, contended that the latter should have applied. They argued that the officers at the traffic stop didn’t have probable cause to search the trunk — where they found more than 100 grams of marijuana — without a warrant.

But a majority panel on the appellate court (5-2) disagreed in an April 20, 2018, decision. (The 4/20 release date, by the way, is merely coincidental to the cannabis element in the case.)

WHAT DID THE DEFENDANTS DO THAT THE OFFICERS BELIEVE ESTABLISHED PROBABLE CAUSE?

The state argued that defendants’ answers to the officers’ questions, their body language and, in the passenger’s case, a drug-related criminal record gave the patrolmen enough cause to take a look in the trunk.

In the case, a Montgomery County policeman stopped defendant Casey Johnson in Germantown because her car’s tail light was out. He observed Johnson making “furtive movements,” appearing “extremely nervous” throughout the stop, and reaching over toward front seat passenger Anthony Haqq’s seat. The officer said Johnson gave answers that made her sound as though she was “trying to think up an answer” to his questions.

Haqq, meanwhile, “occasionally would lift his rear end up off the seat and then bring it back down, as if he was either trying to reach underneath where he was sitting, or the seat or the floorboard.” The officer said he read this as Haqq’s “trying to conceal drugs or weapons.”

Haqq also had his sweatshirt “pulled down over his crotch.” He sat motionless, “like a statue” when the officer was speaking. While processing the traffic stop, the officer said he saw Haqq “moving back and forth,” “lifting up off his seat and leaning back,” and appearing to reach around the car’s interior.

The officer called for backup. A warrant check found Haqq and backseat passenger Kevin Helms “had prior convictions of possession with intent to distribute or distribution of a controlled dangerous substance,” while Haqq’s record indicated “prior convictions of assault on law enforcement.”

An officer arrived with a canine to conduct a vehicle scan. Haqq was asked to step out of the vehicle. When he did, “without request, [he] ‘immediately turned around,’ raised his hands, and spread his feet.” An officer’s search found more than 13 grams of marijuana in Faqq’s waistband and PCP on his breath.

The officers then searched Johnson’s trunk and found 104.72 grams of marijuana and a digital scale. Johnson, who was carrying $544, and Faqq were arrested.

At trial, Johnson was convicted of possession with intent to distribute, but the Court of Special Appeals reversed her judgment.

WHY DID THE DEFENDANTS BELIEVE THE OFFICERS SHOULDN’T HAVE SEARCHED THE TRUNK?

The Court of Special Appeals agreed with the defense argument that:

“[T]he police had already searched [Johnson’s] pockets to no avail; nothing evinced that she had taken illegal drugs; and ‘certainly her nervousness could not, alone,’ establish probable cause that she was transporting contraband in her trunk.

“[In addition,] there was no evidence to suggest that Mr. Haqq had control over the vehicle ‘or would have had access to the trunk as say, if he was on a long road trip or in a common criminal enterprise with Johnson.’ [Also,] no officer had testified as to why there was probable cause to believe — or even reasonable suspicion — that there were additional drugs or contraband in [Johnson’s] vehicle.”

HOW DID THE STATE OF MARYLAND REACT?

The state said the Court of Special Appeals, in coming up with its decision, didn’t consider Haqq’s “furtive movements before and during the stop; [Johnson’s and Haqq’s] extreme nervousness and evasive answers; the passengers’ prior convictions for possession with intent to distribute; and [Johnson’s] reaction when the canine unit arrived …

When asked if she believed there was a reason the canine would ‘hit’ on her car, she would not answer until asked a second time, to which she responded, ‘No.’”

Further, “where there is a fair probability that additional drugs or contraband may be located somewhere in a vehicle, officers have probable cause to search every part of the vehicle where additional drugs or contraband could be found, including the trunk.”

HOW DID THE COURT OF APPEALS ULTIMATELY DETERMINE THAT THE OFFICERS HAD PROBABLE CAUSE?

In its decision, authored by Chief Judge Mary Ellen Barbera, the Court of Appeals explained that the officers had “nearly all of the relevant facts and circumstances … by the time they undertook the search of the trunk”:

“Furtive movements” inside the vehicle

Haqq’s raising and lowering himself on the seat and reaching for the floor area

Johnson’s nervousness that was “beyond that of normal nervousness” the officer had encountered over his “thousands” of traffic stops

Haqq’s and Helms’ prior convictions

More than 13 grams of marijuana in Haqq’s waistband and PCP on his breath

Johnson’s “evasive” and “vague” answers about her friendship with Haqq and Helms and their destination that evening

“When those facts and circumstances are viewed in their entirety and through the lens of the officers’ training and experience, the police had reason to believe that additional drugs or contraband were located somewhere within [Johnson’s] vehicle, regardless of who in the car owned those drugs. … [T]hey needed only to have enough information to support a fair probability that evidence of such a crime would be found there.

“The officers, therefore, were authorized to search ‘every part of the vehicle and its contents that may conceal the object of the search,’ including [Johnson’s] trunk.”

WHAT DO I DO IF I BELIEVE THE POLICE DID NOT HAVE PROBABLE CAUSE WHEN THEY STOPPED ME?

If you have reason to believe your Fourth Amendment rights were violated during a search and seizure, the first thing you should do is call an experienced, reputable criminal law attorney to review your case.

At the Law Offices of G. Randolph Rice, Jr., LLC, we will conduct a thorough investigation into the details and specifics of your case. Call us today at (410) 288-2900 for a free consultation.

Prom: Have fun and be safe (Life Saving Tips)

Prom season is upon us. Young people will be dressing up, going out, dancing and having a blast. It should be a fun and memorable night for everyone.

It should also be safe. Prom night poses several unique risks for teenagers out on the road, and both prom-goers and parents should be will aware of the dangers that students might encounter during the night, and how to best avoid them.

Studies have indicated that a large number of drunk driving deaths occur between April and June. Most proms take place in April and May, so there is a strong correlation between prom season and drunk-driving fatalities.

Nobody—parent or prom-goer—should have to worry about a terrible or deadly accident on this special night. It is critical that everyone take care to avoid the risks of prom-night fatalities.

NUMBER ONE RULE: DON’T DRINK AND DRIVE

If there is one rule that every prom-goer should follow unquestionably it is this: Do not take a single sip of alcohol.

For starters, it is illegal for anyone under the age of 21 to consume alcohol. And in some cases underage drinking and driving can be punished more severely than an of-age DUI. In the state of Maryland, underage drivers who register even a small amount of alcohol on a blood-alcohol test can have their license taken away for up to three years.

More to the point, it’s dangerous and not worth it. As was explained above, teen drivers can lose their licenses for even a small amount of alcohol consumption. Yet even if they don’t get pulled over, the risk of a car accident is still present. Drunk drivers regularly kill themselves and others while driving intoxicated, and young teenage drivers—who are more susceptible to the effects of alcohol—are at an even greater risk.

There is absolutely no reason to risk your own life and the lives of others for a little buzz. Don’t drink. If someone offers you a beer or a shot at prom or an after-party, tell them no. Your life and your future aren’t worth it.

Parents: Be sure to discuss the dangers of drinking and driving with your children. Let them know: If you catch them with even a drop of alcohol on their breaths, they’ll lose their car for a long time.

PRACTICE SAFE DRIVING

In addition to refraining from alcohol for the night, there are a number of other steps that prom-goers can take to minimize the risk of accidents on this special night.

For starters: Always wear your seatbelt. It can be tempting to just hop in the car and go, but you are far more likely to be injured in a car accident without a seatbelt than while wearing one.

The Centers for Disease Control say that of the thousands and thousands of passengers who died in car accidents in 2015, upwards of 60% were not wearing their seatbelts. Accident fatalities are strongly correlated with lack of seatbelt use. All it takes is a second. Buckle up; it can save your life.

As well, drivers should refrain from packing their cars too full. Four people to a car—two in the front and two in the back—is a good limit to set. Full cars can get loud, distracting and chaotic. Limiting the number of passengers ensures that the driver will be able to focus on the road.

Parents: Ensure that your prom-goers know the importance of buckling up; also ensure that they are not crowding their vehicles too full when they depart for dinner or the dance.

TIP: CONSIDER HIRING A DRIVER FOR THE NIGHT

Even though you’re not drinking and driving, there is still good reason to hire a car service or driver for the night.

Calling a cab or hiring a limousine can take the burden off of teen drivers, allowing them to relax and focus on their dates and friends. Both parents and prom-goers can rest easy knowing that a responsible adult is behind the wheel of the vehicle. Having a driver to transport prom-goers to dinner, to the dance and back also means that, in the event that a teen driver does consume alcohol, he or she will absolutely not be behind the wheel.

Parents: Consider paying for a limo rental or car service as a prom-night gift for your teenager. It will be fun for them and you’ll know that your young driver isn’t behind the wheel out past nightfall.

DON’T BE OUT TOO LATE

Many prom-goers attend after-parties following the big dance. Some of these are at friends’ houses; others are hosted by schools on school property. Sometimes these events can run well past midnight and into the early morning.

As a rule, it’s safer to be home earlier than later. The later you stay out, the more tired you’ll be; this can pose serious risks to the driver, his or her passengers and anyone else on the road.

The Sleep Foundation states that “sleep deprivation can have similar effects on your body as drinking alcohol.” If a prom-goer stays out until sunrise, he or she may have been up for 24 hours; as the Sleep Foundation points out, that’s the equivalent of a .10 blood alcohol content—well over the legal limit.

Moreover, the later you stay out, the more likely there may be other dangers on the road. Bars and taverns in the state of Maryland close at 2AM; if you’re out past then, there’s a much higher likelihood that you’ll encounter a drunk driver on the road.

It’s better to be safe: Either head home around midnight, or else attend a party at which you can spend the night, like a friend’s house. Of course, there’s no law saying you have to attend a party—but if you do, play it safe.

Parents: Make a plan with your prom-goers: Where they’re going, how long they’ll be there, where the after-party is, who will be there, when they’ll be home. Stick to the plan. Have your teenager check in via text or phone call when they arrive at their destination. Determine when they’re going to be home—or when they’ll be at the place they’re staying for the night.

Prom night should be fun, relaxing, exciting and memorable. It should not be stressful, frightening or tragic. Being safe on this special night will help everyone—prom-goers and parents alike—relax and enjoy the evening.

Amazon Key-When You’re Out-They’re In, So What’s Next?

Last year Amazon started Amazon Key which allows members to receive deliveries at home when they are not there. It requires a fee for a keyless lock setup and a camera so when the delivery is made, you can either watch as it happens, or it is recorded.

Amazon provides notice by the phone when the window of time when delivery can be expected. The latest development allows for Amazon to deliver packages to the trunk of your automobile. Right now, this service is only available with certain models of GM and Volvo automobiles and only in certain locations.

The Amazon delivery person only opens the door to your house enough to push the package in through the door. They are not supposed to leave until the door is locked again. In the car service, Amazon will be able to track the location of your car through GPS, you also need to have the OnStar service subscription.

Because the services are so new, the law is relatively unclear, but it is not too soon to be concerned how they can affect you in the future.

LIABILITY AND DAMAGES WITH THE AMAZON KEY

When you sign up for Amazon you agree that if there are any disputes, they will be taken to arbitration rather than to court.

Arbitration is where private individuals not judges, or courts will hear and decide your claim. They are supposed to be efficient and speedier than regular courts, but this is not agreed to by everyone.

Federal Arbitration Law applies as do the laws of the State of Washington (where Google is located). Arbitration is conducted by the American Arbitration Association.

This puts you as to a disadvantage. Maryland lawyers, for example know the laws of this state well, but obviously will not be as familiar with those of Washington State. You are prevented from bringing a class action, a case where you other similarly situated.

The minimum fees for filing arbitration costs $800, a lot more than for example, small claims court. There are times it may be possible to argue that arbitration will not apply, but that would take and time to money to litigate. Companies overwhelming prefer arbitration as a way of discouraging claim filings and insuring only the laws they like will apply.

FILING A CLAIM FOR AMAZON KEY

Assuming you have a claim against Amazon that you want to pursue, there are two main issues: causation and agency.

Causation means it will be necessary to prove the act of delivery caused the damage that occurred. Some evidence will be clear because all deliveries are supposed to be recorded installed when occurring, and you are notified when it occurs. 

Some other issues may be unclear since the camera may not give access to what happens in the house. However, let’s give an example of a potential claim:

An Amazon delivery person pushes packages inside the door to your house. When they do, the edge of one of the boxes knocks into an end table, and a valuable heirloom that was on it comes crashing down and shatters.

Is Amazon liable or is it your fault for leaving something so valuable so close to the front door? Causation needs to be resolved to determine if the claim can proceed.

Or what if with the car service, the delivery person opens your trunk and your laptop comes flying out and crashes to the ground?

Again, the issue of causation arises, but unlike the home delivery there is no visual recording to fall back on. It may be years before there are enough incidents to be clear how Amazon will handle or defend themselves against liability.

In one way, arbitration may be helpful to claimants. Maryland is a contributory negligence state, which means if you are 1% liable, you cannot recover at all. Most other jurisdiction follow comparative negligence which could provide a broader avenue to recovery. Therefore, you may be able to recover more under a non-Maryland law.

WHAT IS AGENCY?

Agency means showing that an act was performed within the scope of employment. While the Amazon delivery people are supposed hand picked to be discrete and careful, let’s suppose that a delivery person went inside the house and found someone and attacked them. Is Amazon liable?

It “probably” must be shown that when they attack occurred, it was in furtherance of their job duties or they are not liable. Amazon would argue since the delivery instructions are explicit to only put the packages just behind the door and then lock it, the employee was acting beyond the scope of their employment. If it turns out the employee had a history of violence and sexual assault that Amazon did not catch, then Amazon may be liable for a negligent hire.

What Happens if an Amazon Key Delivery Person Is Injured on My Property?

What if it is the delivery person who suffers an injury, slipping on a patch of ice on the sidewalk to the front door? This should be covered under Workers’ Compensation Claims, another tribunal which is different from a regular court.

If there is still a lawsuit from the employee, it should be covered for defense by homeowner’s or renter’s insurance. Because the Amazon system provides notice for delivery and the delivery is recorded any incidents occurring will have the advantage of being recorded.

INVASION OF PRIVACY?

By far the biggest question marks that arise under the law is anticipating if Amazon Key will lead to an erosion of privacy rights that we think we are entitled to.

Amazon Key arose because homeowners were unhappy with having their packages stolen from outside their front door. The service provided to homeowners and now to some car owners was developed to resolve this problem by providing secured delivery.

However, with every change there is a flipside, which is loss of control over our property.

Under the U.S. Constitution it has been found that we have a right to privacy both under federal and state law, however there are limitations and exceptions.

Likewise, we are guaranteed the right against self-incrimination and unreasonable search and seizures. Many cases specifically provide that our rights will be in keeping with our” expectations” to have these rights available to us. If someone robs a bank but leaves a trail of money that’s left in the bed of a pickup truck, it’s reasonable to believe that careless criminal has waived his right to privacy as well as his right not to have his truck searched.

Do we lose our right to privacy if a delivery person observes an instrument of a crime

However, what if an Amazon Delivery person opens the trunk to a car to place a package and notices a baggie they think is filled with illegal drugs? Does that customer have a right of privacy or did they give it up when they sign up for Amazon Key?

What if a home delivery allows a delivery person to see into the house and notice what they believe is evidence of a crime? Could they call the police who then enter the house and do a thorough search from top to bottom without a warrant?

DO WE LOSE OUR PRIVACY BY AGREEING TO USE AMAZON KEY?

It is even possible that by agreeing to Amazon Key, a customer might be perceived as lessening expectations of privacy generally. This may depend in part how widespread the use of the service becomes, and the amount of data or information Amazon gathers as a result.

AMAZON AND HOME ROBOTS

The latest breakthrough from Amazon is that they may be selling home robots, possibly as soon as next year (Amazon is notoriously secretive, and this has not been yet confirmed). This could be a complete game changer: a robot in your house would have 24/7 access to your house and what is going on.

Amazon’s Alexa voice enabled devices to have already been used to collect evidence that have been used in court proceedings, like wiretaps. There is no reason not to think these devices of conveniences as well as Amazon Key delivery services, to find ways of sharing information to third parties that we would just as soon keep to ourselves.

WILL YOU BE OK WITH THE NEW TECHNOLOGY?

Some individuals well be completely comfortable giving access to Amazon over their home and information, others may be concerned as to how technologies will work and be legally interpreted in the future. It will be important either as a homeowner or delivery person to keep with the changes that occur almost as fast as the latest technological updates.

Currently Amazon Key products are receiving a 3.9 out of 5 stars in ratings, with the number one complaint that the products don’t always work as promised, or that deliveries fail to occur as promised. Nothing is perfect, and mistakes and glitches are inevitable.

Nevertheless, it all points to the importance of relying on expert advice and keeping track of the legal developments that may come from decisions and statutes not originally designed to deal with remote deliveries and robots.

How To Deal With a DUI Arrest

Not one of my clients in the past has ever wanted to be arrested for drunk driving. What I mean by that is, no one sets out to drink too much and get behind the wheel of a vehicle. There are a million scenarios in which people are charged with DUI in Maryland. Although a drunk driving arrest may be unfortunate, there are steps you should and can take when dealing with a DUI arrest.

STEPS AFTER A DUI ARREST

The first and most important step is to get help. Help may me be in the form of many fashions, support from friends and family, as well as legal help in the form of a DUI defense lawyer. There’s no need to throw your hands in the air and give up after a DUI or DWI arrest. If you take the appropriate steps after the arrest you can mitigate or even diminish the chances of serious consequences.

In Maryland, the consequences can come from two separate tribunals or governmental agencies. The first set of consequences comes in the form of administrative penalties to your privilege to drive. In Maryland, the courts and law have classified a driver’s license as a “privilege.” That means, you do not have an absolute right to drive a motor vehicle, however, you are granted a privilege by the state of Maryland to operate a motor vehicle.

The State has set out specific rules and regulations that come with this privilege. One of these rules and regulations is the “implied consent rule.” This means, when you receive a license or privilege drive or you operate a motor vehicle within the boundaries of Maryland, you implicitly consent to submit to an alcohol test if you’re suspected of drunk driving.

There are various consequences to submitting to a breath test or blood test as well as consequences to refusing this test. Those consequences may come in the form of a license suspension or the requirement to participate in the ignition interlock program.

The second set of consequences is what may happen when you go to court. The drunk driving laws in Maryland are specific and set forth the rules and procedures by which a person can be found guilty of DUI or DWI. In Maryland, there is a distinction between DUI, “driving under the influence,” and DWI, “driving while impaired.”

The distinction is in the form of the evidence required to find you guilty as well as the penalties that may be imposed if convicted. The judges in Maryland are the ones that impose the sentence and penalties for drunk driving convictions. Unlike some jurisdictions and states, the jury does not dictate the consequences if you’re found guilty of drinking and driving.

PENALTIES AND SANCTIONS FOR DRUNK DRIVING IN MARYLAND

Judges in Maryland can impose various sanctions for convicted drunk drivers. Those sanctions may include fines, court costs, probation, either supervised or unsupervised, as well as various other conditions such as alcohol education and treatment, community service, and any other appropriate action the court feels is necessary to prevent a subsequent drunk driving incident. With the help of an experienced Maryland DUI lawyer, you may be able to avoid or mitigate the potential outcome after a DUI arrest.

LAWYERS THAT HELP DEAL WITH A DUI

If you’re charged with drunk driving and you need to know how to deal with the drunk driving arrest and everything after, you need to seek advice from an experienced DUI and DWI defense lawyer. Our DUI lawyer can guide you through the steps from preserving your privilege to drive to helping you prepare for trial and avoiding enhanced penalties and consequences. Contact the Law Offices of Randolph Rice today if you’ve been charged with DUI in Maryland and learn how to deal with your DUI or DWI arrest.

As Winter Approaches, Watch Your Step

Cold winter weather brings with it snow, ice, and sleet, all of which make walking conditions hazardous under the best of circumstances. When a property owner fails to maintain safe conditions in areas for which the owner is responsible, the result can devastate people who use the property. Slips and falls on snowy or icy walking surfaces can result in severe injuries. If those walking surfaces were not properly cleared, the property owner could face liability for injuries that ensue.

Injuries suffered in falls that arise from a property owner’s negligence in maintaining safe conditions are no small matter. Government statistics show that accidental injuries were the fourth leading cause of death in the United States in 2014. These accidental deaths include snow- or ice-related accidents where the property owner failed to take proper care to ensure safe conditions.

An even greater number of less-serious injuries occur as a result of falls and other accidents.Government statistics indicate that property-liability accidents are among the leading causes of injuries annually, including injuries suffered as a result of:

• Slips and falls
• Dangerous property conditions
• Negligent or inadequate security
• Inadequate or improper maintenance
• Retail stores or restaurants with hazardous conditions

WHEN IS IT POSSIBLE TO RECOVER DAMAGES FOR A FALL ON ANOTHER’S PROPERTY?

When you have permission to be on someone else’s property—including a business open to the public or a private property onto which you were invited—you can hold the owner of that property liable for injuries you suffer due to negligent maintenance. Premises liability can apply in instances where:

• The owner or occupant invited you onto the property or hired you to be there. This includes when you patronize a business open to the public, even though you were not personally invited onto the property.
• The owner of the property knew or should have known about an unsafe condition on the property and failed to correct that condition, or corrected the condition in such a way that did not mitigate the danger.
• The failure to correct the condition caused your injury.

In Maryland, as in most states, property owners are responsible for dangerous conditions of which they were aware. They are also responsible for dangerous conditions about which they should have been aware using reasonable diligence, but failed to correct or provide ample warning.

Perhaps one of the most common examples of premises liability is when a patron slips, falls, and is injured in an icy parking lot or sidewalk under the control of the store owner. Private homeowners also may face liability for accidents on their properties where they fail to maintain them in safe ways—including failure to clear icy sidewalks. As always, liability depends on the circumstances, so consult an expert to determine if you have legal options to pursue compensation.

IF YOU SUFFERED AN INJURY IN A FALL IN THE BALTIMORE AREA, CONTACT THE PERSONAL INJURY LAWYERS OF THE LAW OFFICES OF G. RANDOLPH RICE JR., LLC

If you were injured in a fall on someone else’s property in the Baltimore area caused by the property owner’s failure to keep the property in a safe condition, consult a personal injury attorneyto explore your options and potential compensation for your injuries. The Law Offices of G. Randolph Rice Jr., LLC, can help. Reach us at (410) 288-2900 or through our online contact form.

Look Out for Driving Dangers on Drinksgiving

Thanksgiving eve is a big party night for some, and has been called “Drinksgiving” or “Blackout Wednesday” by various news outlets and on social media. It is one of the busiest days for the bars and restaurants in the United States. As many college kids return from school, it’s a night to catch up with friends and have a couple of drinks. The problem is, when you have too many and decide to get behind the wheel of a vehicle you risk an arrest or wreck. Alcohol impairs your ability to safely operate a motor vehicle and make smart decisions. While it is not a crime to drink and drive, it is one to drink too much and drive.

It is also illegal in Maryland to drive a vehicle with drugs or controlled dangerous substances in your system. Drugs, including over the counter drugs, can impair a driver’s ability to safely operate a motor vehicle. The police have trained officers who can recognize the use of drugs and you will be charged with DWI is found to have them in your system.

From 2012 to 2016, over 800 people died nationwide in alcohol-impaired-driving crashes during the Thanksgiving holiday period (6:00 p.m. Wednesday to 5:59 a.m. Monday), making it the one of the deadliest holidays periods on the road, according to the National Highway Traffic Safety Administration (NHTSA).

A 2017 poll of Maryland drivers commissioned by AAA Mid-Atlantic found that 85 percent of drivers feel that people driving after drinking alcohol is a somewhat to very serious threat to their personal safety.

Maryland State Police and Maryland Transportation Authority Police, along with local law enforcement, will be increasing patrols over the holiday week targeting impaired drivers. If you are stopped for drinking and driving, you could be facing serious consequences. They may include the loss of your license to drive and time in jail. If you have been charged with drunk driving, you should speak with a DUI lawyer to find out about your options. The Maryland State Police Bel Air Barrack will be conducting a sobriety check-point in Harford County the night before Thanksgiving, November 22, 2017.

The Law Offices of Randolph Rice is reminding anyone headed out the night before Thanksgiving to make a plan is they want to drink. That plan may include the use of a ride service like Uber or Lyft as well as traditional taxi services. There are some taxi services that offer “Tipsy Taxi” services during the holidays. This allows individuals traveling home from bars and restaurants that may have had too much to drink to find a safe way home.

If you have been charged with drunk driving in Maryland and you have questions, speak with one of our DUI & DWI lawyers today.