Thursday, January 30, 2014
Attorney Charles Ware's Blog: MARYLAND FINANCIAL DIVORCE SETTLEMENTS 101 ( FUNDA...
Attorney Charles Ware's Blog: MARYLAND FINANCIAL DIVORCE SETTLEMENTS 101 ( FUNDA...: www.charlesjeromeware.com . For an initial courtesy consultation, contact us at (410) 730-5016 or (4100 730-5016. 1. If the grounds for di...
MARYLAND FINANCIAL DIVORCE SETTLEMENTS 101 ( FUNDAMENTAL TIPS for Beginners)
www.charlesjeromeware.com. For an initial courtesy consultation, contact us at (410) 730-5016 or (4100 730-5016.
1. If the grounds for divorce occurred within Maryland state, the divorce may be filed in the county where either party resides.
2. If the grounds for the divorce occurred outside of Maryland state, a person must be a resident of Maryland for at least one year before they can file for a divorce in Maryland [Maryland Code, Family Law, Section 7-101].
3. A divorce in Maryland may be granted on the following grounds:
- Adultery.
- Desertion for at least one year before filing.
- Voluntary separation for at least one year before filing.
- Conviction of a felony, when the defendant has been sentenced to at least 3 years in a penal insti-
tution, and has served at least one year of the conviction.
- Living separate and apart for at least two years.
- Insanity.
- Cruelty or domestic violence against the petitioner or a minor child of the complaining partner.
[ Maryland Code, Family Law Section 7-103]
4. A husband and wife may reach an enforcement agreement(contract) relating to alimony, support, property rights, or personal rights [Maryland Code, Family Law, Section 8-101]. This agreement/contract is frequently referred to as a legal separation.
5. Maryland is an equitable distribution state , which means that if the spouses cannot reach an agreement, the court will divide the marital in an equitable, but not necessarily equal, manner.
6. When determining the division of the marital estate, the court may take the following factors into consideration:
- The contributions of each party to the marital estate, both monetary and non-monetary.
- The value of all property of each party.
- The economic circumstances of each party.
- Misconduct that led to the estrangement of the parties.
- The duration of the marriage.
- The age and physical or mental condition of each of the parties.
- How the marital property was acquired.
- The amount of alimony awarded.
- Any other factors that the court deems relevant.
[ Maryland Code, Family Law, Section 8-205]
7. Child support in Maryland is governed by the Maryland Child Support Guidelines.
[ Maryland Code, Family Law, Sections 12-202 and 12-204]
1. If the grounds for divorce occurred within Maryland state, the divorce may be filed in the county where either party resides.
2. If the grounds for the divorce occurred outside of Maryland state, a person must be a resident of Maryland for at least one year before they can file for a divorce in Maryland [Maryland Code, Family Law, Section 7-101].
3. A divorce in Maryland may be granted on the following grounds:
- Adultery.
- Desertion for at least one year before filing.
- Voluntary separation for at least one year before filing.
- Conviction of a felony, when the defendant has been sentenced to at least 3 years in a penal insti-
tution, and has served at least one year of the conviction.
- Living separate and apart for at least two years.
- Insanity.
- Cruelty or domestic violence against the petitioner or a minor child of the complaining partner.
[ Maryland Code, Family Law Section 7-103]
4. A husband and wife may reach an enforcement agreement(contract) relating to alimony, support, property rights, or personal rights [Maryland Code, Family Law, Section 8-101]. This agreement/contract is frequently referred to as a legal separation.
5. Maryland is an equitable distribution state , which means that if the spouses cannot reach an agreement, the court will divide the marital in an equitable, but not necessarily equal, manner.
6. When determining the division of the marital estate, the court may take the following factors into consideration:
- The contributions of each party to the marital estate, both monetary and non-monetary.
- The value of all property of each party.
- The economic circumstances of each party.
- Misconduct that led to the estrangement of the parties.
- The duration of the marriage.
- The age and physical or mental condition of each of the parties.
- How the marital property was acquired.
- The amount of alimony awarded.
- Any other factors that the court deems relevant.
[ Maryland Code, Family Law, Section 8-205]
7. Child support in Maryland is governed by the Maryland Child Support Guidelines.
[ Maryland Code, Family Law, Sections 12-202 and 12-204]
Thursday, January 9, 2014
Attorney Charles Ware's Blog: MARYLAND STROKE MEDICAL MALPRACTICE ALERT: DIAGNOS...
Attorney Charles Ware's Blog: MARYLAND STROKE MEDICAL MALPRACTICE ALERT: DIAGNOS...: www.charlesjeromeware.com . " We are here to make a difference. We fight, you win." For an initial courtesy consultation, contac...
MARYLAND STROKE MEDICAL MALPRACTICE ALERT: DIAGNOSING & TREATING STROKE
www.charlesjeromeware.com. " We are here to make a difference. We fight, you win."
For an initial courtesy consultation, contact us at (410) 730-5016 or (410) 720-6129. The information provided herein is not intended to be legal advice, and should not be considered as such.
A DISCUSSION OF SOME CURRENT CRITERIA FOR DIAGNOSING AND TREATING STROKE FROM A LEGAL PERSPECTIVE:
A major legal liability issue regarding stroke revolves around the use of tPA (tissue plasminogen activator : a clot busting drug). Not administering the drug for a qualified patient could likely constitute a departure from good and accepted medical practice --- and lead to a medical malpractice lawsuit.
There are published criteria for the use of tPA by such organizations as the American Heart Association, the American Medical Association, and the American Hospital Association ,et al.
pTA can be initiated , generally, within 3 hours of onset of stroke, but poor documentation in the patient's medical chart of the time of onset can make the physician particularly vulnerable to a malpractice action. And, failure to consult family members as to time of onset can lead to mistakenly
withholding tPA.
It has become more common to find cases where tPA was withheld than cases where it was given inappropriately (against the American Hospital Association guidelines). A major risk factor is
bleeding into the brain. As of 2009, tPA may now be used up to 4.5 hours after onset of a stroke.
The efficacy of tPA as initially reported was 30-38%, thus depriving a patient of the opportunity of
a better outcome. A retrospective statistical review posits that the rate of improvement is actually 60%., i.e. more likely than not to have a better outcome.
The lack of administration of heparin/Coumadin is more problematic. Coumadin is the standard
of care for cardiac -sourced emboli to the brain (atrial fibrillation, ventricular aneurysm with clot).
It is not currently proven to be of value for other types of stroke, TIA or stroke in evolution ( so-called " warning stroke"). However , liability may ensue from withholding Coumadin (such as dental surgery) and never re-instituting it, resulting in stroke.
Transient Ischemic Attacks (TIAs) have received a great deal of attention in the most recent medical literature. A TIA may be considered a medical emergency as the risk of stroke in the immediate following days is high. TIAs are treated with aspirin, Plavix or Aggrenox (except cardiac sources = heparin/Coumadin). Normally, appropriate work-up may discover a severe carotid stenosis, which may be treated by surgery. It is believed that platelet inhibitors such as aspirin are statistically effective at about 30%, and there is minimal difference among them.
Heparin Induced Thrombocytopenia (HIT) is another relatively new issue in diagnosing and treating strokes. Failure to recognize this entity can result in thrombosis of cerebral veins, arteries and stroke.
Posterior Reversible Encephalopathy Syndrome (PRES) is rare, but if untreated can result in stroke. PRES is seen in pre-eclamptic/eclamptic women and requires aggressive blood management. Stroke usually results in blindness due to the posterior brain location of this under-recognized obstetrical problem.
[http://www.medquestltd.com/medquest-neurologist-discusses-current criteria -for diagnosing-and-
treating stroke]
For an initial courtesy consultation, contact us at (410) 730-5016 or (410) 720-6129. The information provided herein is not intended to be legal advice, and should not be considered as such.
A DISCUSSION OF SOME CURRENT CRITERIA FOR DIAGNOSING AND TREATING STROKE FROM A LEGAL PERSPECTIVE:
A major legal liability issue regarding stroke revolves around the use of tPA (tissue plasminogen activator : a clot busting drug). Not administering the drug for a qualified patient could likely constitute a departure from good and accepted medical practice --- and lead to a medical malpractice lawsuit.
There are published criteria for the use of tPA by such organizations as the American Heart Association, the American Medical Association, and the American Hospital Association ,et al.
pTA can be initiated , generally, within 3 hours of onset of stroke, but poor documentation in the patient's medical chart of the time of onset can make the physician particularly vulnerable to a malpractice action. And, failure to consult family members as to time of onset can lead to mistakenly
withholding tPA.
It has become more common to find cases where tPA was withheld than cases where it was given inappropriately (against the American Hospital Association guidelines). A major risk factor is
bleeding into the brain. As of 2009, tPA may now be used up to 4.5 hours after onset of a stroke.
The efficacy of tPA as initially reported was 30-38%, thus depriving a patient of the opportunity of
a better outcome. A retrospective statistical review posits that the rate of improvement is actually 60%., i.e. more likely than not to have a better outcome.
The lack of administration of heparin/Coumadin is more problematic. Coumadin is the standard
of care for cardiac -sourced emboli to the brain (atrial fibrillation, ventricular aneurysm with clot).
It is not currently proven to be of value for other types of stroke, TIA or stroke in evolution ( so-called " warning stroke"). However , liability may ensue from withholding Coumadin (such as dental surgery) and never re-instituting it, resulting in stroke.
Transient Ischemic Attacks (TIAs) have received a great deal of attention in the most recent medical literature. A TIA may be considered a medical emergency as the risk of stroke in the immediate following days is high. TIAs are treated with aspirin, Plavix or Aggrenox (except cardiac sources = heparin/Coumadin). Normally, appropriate work-up may discover a severe carotid stenosis, which may be treated by surgery. It is believed that platelet inhibitors such as aspirin are statistically effective at about 30%, and there is minimal difference among them.
Heparin Induced Thrombocytopenia (HIT) is another relatively new issue in diagnosing and treating strokes. Failure to recognize this entity can result in thrombosis of cerebral veins, arteries and stroke.
Posterior Reversible Encephalopathy Syndrome (PRES) is rare, but if untreated can result in stroke. PRES is seen in pre-eclamptic/eclamptic women and requires aggressive blood management. Stroke usually results in blindness due to the posterior brain location of this under-recognized obstetrical problem.
[http://www.medquestltd.com/medquest-neurologist-discusses-current criteria -for diagnosing-and-
treating stroke]
Friday, January 3, 2014
Attorney Charles Ware's Blog: HOWARD COUNTY, MD LEAD PAINT DEFENSE LAWYERS REPOR...
Attorney Charles Ware's Blog: HOWARD COUNTY, MD LEAD PAINT DEFENSE LAWYERS REPOR...: www.charlesjeromeware.com . We are " here to make a difference. We fight, you win." For a courtesy initial consultation, contact ...
HOWARD COUNTY, MD LEAD PAINT DEFENSE LAWYERS REPORT
www.charlesjeromeware.com. We are " here to make a difference. We fight, you win."
For a courtesy initial consultation, contact us at (410) 730-5016 or (410) 720-6129.
Charles Jerome Ware, P.A., Attorneys & Counselors, is a nationally-known and respected
litigation law firm.
ALERT: Though not nearly as common as Baltimore City, even Howard County has at least some lead-paint involved real estate properties.
January 3rd, 2014: Interested Howard County residents can now apply for the Maryland Housing Rehabilitation Program for single-family homes. MRHP-SF is a housing rehabilitation program that preserves and improves single-family properties with an emphasis on bringing eligible properties into compliance with applicable building codes and standards such as (1) correcting lead-based paint violations, (2) improving the weatherization and energy conservation in homes, (3) making accessibility modifications, (4) correcting general health and safety violations, and (5) correcting exterior or interior deficiencies.
Home owners can secure from the state low-interest loans for home maintenance. General improvements, such as small home additions, alterations, carpeting, fences, landscaping and kitchen, bathroom and closet remodeling, mat be considered as well.
The program is intended for households with incomes that are at or below 80 percent of the statewide median income, which is $ 68,500 for a family of four.
Loans cannot exceed 110 percent of the property's value and have an interest rate of no more than 4.5 percent. All loans greater than $ 5,000 or with a deferred payment status are secured by a mortgage with a term of no more than 30 years.
[ http://www.baltimoresun.com/news/maryland /howard/Ellicott-city/ph-ho-cf-housing-rehab]
For a courtesy initial consultation, contact us at (410) 730-5016 or (410) 720-6129.
Charles Jerome Ware, P.A., Attorneys & Counselors, is a nationally-known and respected
litigation law firm.
ALERT: Though not nearly as common as Baltimore City, even Howard County has at least some lead-paint involved real estate properties.
January 3rd, 2014: Interested Howard County residents can now apply for the Maryland Housing Rehabilitation Program for single-family homes. MRHP-SF is a housing rehabilitation program that preserves and improves single-family properties with an emphasis on bringing eligible properties into compliance with applicable building codes and standards such as (1) correcting lead-based paint violations, (2) improving the weatherization and energy conservation in homes, (3) making accessibility modifications, (4) correcting general health and safety violations, and (5) correcting exterior or interior deficiencies.
Home owners can secure from the state low-interest loans for home maintenance. General improvements, such as small home additions, alterations, carpeting, fences, landscaping and kitchen, bathroom and closet remodeling, mat be considered as well.
The program is intended for households with incomes that are at or below 80 percent of the statewide median income, which is $ 68,500 for a family of four.
Loans cannot exceed 110 percent of the property's value and have an interest rate of no more than 4.5 percent. All loans greater than $ 5,000 or with a deferred payment status are secured by a mortgage with a term of no more than 30 years.
[ http://www.baltimoresun.com/news/maryland /howard/Ellicott-city/ph-ho-cf-housing-rehab]
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