Amy M. Orsi Makes Partner

        The Law Offices of Stephen A. Markey, III, is proud to announce that Amy M. Orsi will become a Partner in the Firm as of January 1, 2009. Amy became an Associate attorney with the firm in December 2002 following her graduation from the University of Baltimore, School of Law in May of 2002. Since graduating Amy has handled all types of legal matters, including automobile, truck and motorcycle torts, slip and falls, medical and legal malpractice, mold and other defective construction claims, landlord/tenant claims, corporate, wills, traffic and criminal matters. In addition to the Maryland Bar Association, she is a member of the U.S. District Court for the District of Maryland and U.S. Court of Appeals for the Fourth Circuit Bar Associations. Amy is also an active member of the Maryland Association for Justice having served on the Education and Programs Committee and Public Outreach Committee. Amy is married to Michael Orsi and has one daughter, Madeline.

        Amy will continue to have a general practice with an emphasis on personal injury and landlord/tenant matters. Congratulations Amy!

Knowing Your Rights as a Tenant

        As part of our practice, we regularly handle various landlord-tenant matters, representing both landlords and tenants. Typically, we receive inquiries regarding whether a tenant is required to continue payment of rent to a landlord if the landlord fails to repair serious or dangerous defects in the rental property after receiving complaints from the tenant. Often, tenants not knowing the applicable law, will stop paying rent when the landlord fails to make repairs which can result in an eviction by the landlord. Under Maryland law, if a landlord fails to repair serious or dangerous defects in a rental property, the tenant may be able to pay rent into a rent escrow account set up with the District Court of Maryland for the county where the tenant resides. Prior to filing a rent escrow action, a tenant must first give the landlord notice of the serious or dangerous defect and allow a reasonable amount of time to make needed repairs. If the landlord fails to make the repairs, the tenant can file a rent escrow action in the District Court requesting that rent be paid to the Court rather than the landlord.

        After filing a rent escrow action, the Court will hold a hearing to determine whether there is enough evidence to justify the establishment of a rent escrow account. After a rent escrow account is set up, the Court can take several actions, including returning all or part of the money to the tenant as compensation, returning all or part of the money to the tenant or landlord in order to make repairs, or appointing an Administrator to ensure that the requested repairs are made. Once the rent escrow account is established, the tenant will continue paying rent into the escrow account pending resolution of the disputed repairs.

        Please note that a rent escrow account will only be established for serious or dangerous conditions which include, lack of heat, light, electricity or water (unless the Tenant is responsible for the utilities and they are shut off for lack of payment), lack of adequate sewage disposal, rodent infestation, lead paint hazards, a structural defect that presents a serious threat to the tenant’s physical safety, and the existence of any condition that presents a serious health hazard, such as mold.

        If you have any questions or would like further information regarding a rent escrow action, or other landlord-tenant issues, please contact our office.

Fair Compensation for Physicians v. Malpractice “Reform”

By: Wayne M. Willoughby, MAJ President 
Reprinted from the MAJ Report, Dec. 15, 2008 with permission from the Maryland Association for Justice, Inc.

        Recently I had the pleasure of speaking to a class of graduate level students at the Johns Hopkins University School of Medicine regarding medical malpractice from the perspective of the patient’s lawyer. The class consisted of medical students, journalists, freelance researchers and writers, and others interested in medicine. I shared the floor that evening with a physician-leader of the “tort reform” movement in Maryland, who was there to offer a doctor’s perspective on the topic.

        Given the factually erroneous and often outlandish claims made over the past several years by those seeking to limit patients’ rights, I was very surprised by the end of the doctor’s presentation with how much we were in agreement.

        The doctor candidly told the class that damage caps on pain and suffering are irrelevant to lowering malpractice premiums – a point that patients’ rights advocates have been making for years. Likewise, the doctor acknowledged that frivolous lawsuits are not the cause of high malpractice premiums, a concession previously made by Medical Mutual’s CEO to a Maryland Senate committee in October 2004.

        The students also heard the doctor explain that the real problem for physicians is not the high cost of medical malpractice insurance. The real problem is that doctors in Maryland are nearly the lowest reimbursed physicians in the United States. Again, this is a point that patients’ rights advocates have been making for years.

        Fifteen years ago, the doctor received $3,000 in insurance reimbursement for an ordinary delivery of a baby and $4,800 for a surgical delivery. Today, for the same services, insurance companies reimburse obstetricians in Maryland less than half those amounts. Because of the dramatic cut in income for delivering babies, the doctor said he was unable to keep up with the costs of malpractice insurance. Thus, he stopped delivering babies.

        The doctor acknowledged that if insurance reimbursements for delivering babies remained the same as a decade ago, there would be no fight over the cost of malpractice insurance and no discontinued services. He and others would simply pay their premiums as with any other cost of doing business and continue to deliver babies.

        So, given their recognition that frivolous malpractice lawsuits are not a problem driving up the cost of malpractice insurance, and that damage caps do not lower insurance premiums, we can only hope physicians will cease their annual efforts to limit the rights of injured patients who have legitimate claims. It is time for physicians to focus their energy on an issue that doctors and lawyers can agree on – the need to hold health insurance companies responsible to deal fairly with physicians and patients.

Clear Your Sidewalks

        As the winter season approaches, property owners should be aware of their duty to clear snow and ice from walkways and sidewalks along their property lines. In addition to possibly being fined by the City or County, if a person should slip and fall as a result of snow and ice that was not removed, a property owner may be liable for any injuries sustained. In order to protect yourself, please make note of your County requirements. The following is a list of surrounding counties for your reference:

Anne Arundel Coutny- Within 6 hours after snowfall; or if snow stopped falling between 3 p.m. and 6 a.m., before 11 a.m.

Baltimore City- Within 3 hours after snowfall; or if snow stopped falling between 3 p.m. and 6 a.m., before 11 a.m.

Baltimore County- Within 24 hours after the fall of any snow.

Carroll County- Within 24 hours after the fall of any snow.

Cecil County- Within 10 hours after the fall of any snow.

Harford County - Within 24 hours after the fall of any snow.

Howard County- Within 48 hours after the fall of any snow.

Prince George’s County - Within 48 hours after the fall of any snow.

        Snow and ice should always be removed as soon as possible after a snow or ice storm and never later than the maximum time limits dictated by the County or City. If you have any questions regarding your responsibility to remove snow or ice, you should consult the County Code in the County where you live or call our office.

Adequate Insurance Coverage

        For those of you that have consulted with our office following an injury due to a third party’s negligence, you know that if you had inadequate insurance, you received an insurance lecture. All too frequently we have the unfortunate responsibility to explain to clients that have waived PIP or Uninsured Motorist coverage, or simply do not carry enough insurance, the realities of inadequate insurance. “Never waive PIP, never reduce uninsured motorist coverage, add jewelry to your homeowner’s policy, and carry renter’s insurance…” If you are unsure whether you carry the right amounts of insurance, call for a consultation, it may save you from financial ruins.