Stuart N. Herschfeld

Stuart N. Herschfeld devotes the majority of his professional endeavors to the representation of hospitals, physicians, oral surgeons and dentists, and other health care providers and medical practices in complex medical malpractice cases. 

Over the years, Mr. Herschfeld has had extraordinary success obtaining favorable jury verdicts in favor of his clients in the District of Columbia and Maryland.  His results are the result of his orderly, thorough and aggressive approach to handling his cases.  

Bar Memberships

• Maryland State Bar Association
• The District of Columbia Bar
• American Bar Association
• U.S. District Court for the District of Columbia
• U.S. District Court, District of Maryland

Lawyer Organizations

• Defense Research Institute
• D.C. Defense Lawyers Association

Past Leadership

• Coordinator—Mock Trials, University of Maryland Dental School
• Grand Rounds—Washington Hospital Center
• Grand Rounds—Georgetown University Medical Center
• Grand Rounds—The George Washington University Medical Center

Education

• Juris Doctor, American University Washington College of Law (1991)
• Master of Arts, The George Washington University (1987)
• Bachelor of Arts, University of New Hampshire (1983)

Publications and Reported Cases

• "The Impact on the Federal Election Commission Concerning Projected Shortfalls in the Public Funding of Presidential Elections," 4 A.U. Admin. L.J. 361, 1990.
• Wolff v. Washington Hospital Center, 938A.2d 691 (D.C. 2007), affirming judgment in favor of nursing staff at defendant Hospital on special verdict form that the nursing staff complied with standards of care.
• Walzer v. Osborne, 395 Md. 563, 911 A.2d 427 (2006), affirming dismissal of malpractice litigation for failing to file a certifying expert report as required by state.
• Wagner v. Georgetown University Medical Center, et al., 768 A.2d 546 (D.C. 2001), affirming verdict in favor of defendant in case involving paraplegia subsequent to neurological surgical procedure.
• Lee v. Panton, 792 A.2d 260 (D.C. 2000), affirming verdict in favor of defendant in case arising out of injuries sustained from birth trauma.
• Talley v. Varma, 698 A.2d 547 (D.C. 1997), affirming verdict in favor of defendant in case involving thyroid cancer.
• Capitaol Hill Hospital v. Baucom, 697 A.2d 760 (D.C. 1997), reversing verdict in favor of plaintiff due the use of preemptory challenges in a racially discriminatory manner (Batson challenge).

News

• Successfully argued before Court of Special Appeals in Maryland (Court of Appeals denied cert.) sustaining trial court's post trial decision in granting judgment notwithstanding the verdict in favor of defendants. At trial, before the Prince George's County Circuit Court, a jury award was in favor of plaintiff in a matter involving pelvic, abdominal infection in post hysterectomy patient. However, the trial court set aside the jury's verdict, which was upheld on appeal.
• Successfully secured the dismissal of general surgeon and hospital in a medical malpractice lawsuit involving the alleged negligent perfomance of a laparoscopic cholecysectomy. The dismissal occurrec during the trial before the Superior Court for the Disctrict of Columbia, but prior to the close of plaintiff's case.
• Successfully challenged Maryland Statute regarding the necessity for expert reports regarding a certificate of qualified expert in Maryland. The trial court in Anne Arundel county granted defendant's Motion to Dismiss for failure to attached such a report. The matter was later argued before the Court of Special Appeals, which ultimately held that the plaintiff was required to submit a Certificates of Qualified Expert and Report as part of the statutory obligation, which has become known as the Walzer ruling.

ISLN: 901634472