Diane V. D'Aiutolo

For more than 30 years, Diane has represented a wide variety of clients in tort and commercial litigation matters in state and federal courts.  A trial attorney, she also has extensive experience in resolving disputes through mediation, and has settled thousands of cases to her clients’ satisfaction.  Her representative clients include hospitals, managed care organizations, physicians, and a national pharmacy chain.  She is experienced in general litigation, medical malpractice, and products liability defense, as well as commercial and contractual disputes.  She also has experience serving as outside general counsel to physician practices, and counseling clients in connection with risk management, claims, and transactional matters.   Diane also serves as a member of the firm’s management committee. 

Representative Matters

  • Obtained a defense verdict for a hospital in a jury trial in Circuit Court for Baltimore County in a wrongful death case arising from claimed medical negligence.

  • Achieved a defense verdict for a hospital and a physician on the first day of trial in the Circuit Court for Baltimore City in a claimed permanent injury case.

  • Defended a hospital in a lawsuit alleging defamation and tortious interference in connection with a contract between the hospital and a pharmacological product supplier; the hospital prevailed on summary judgment.

  • Obtained summary judgment on behalf of a managed care organization in a medical malpractice case pending in the Circuit Court for Baltimore City on statutory grounds.

  • Obtained dismissal of a medical malpractice case for a health plan on the grounds that plaintiffs’ expert was not qualified to render an opinion in the Circuit Court for Baltimore City.

  • Defended hundreds of products liability cases in federal and state courts in the mid-Atlantic region.

  • Successfully obtained declaratory judgment on behalf of insurance company involving a real estate dispute valued at hundreds of millions of dollars.

  • Has successfully guided hundreds of cases towards settlement through mediation.

  • Drafted a health insurance company’s internal policy governing the handling of policyholder appeals.

  • Served as outside general counsel for physicians’ private practices.

  • Represented insurers in coverage disputes.

  • Drafted employment contracts for physician practices.

  • Created consent forms and HIPAA disclosures for private practices.

  • Counseled health care providers with respect to privacy and related issues.

Diane’s current caseload is concentrated in federal and state courts in Maryland and the District of Columbia.

Public Service

In 2019, Governor Hogan appointed Diane to the Trial Courts Judicial Nominating Commission for District 14 (Baltimore City).  Over her career, she has served as the Maryland State Representative to the Defense Research Institute, President of the Maryland Association of Defense Trial Counsel, a member of the Board of Directors of Commercial Law Affiliates (now Meritas), and on the Commission of the Maryland Judiciary on Pro Bono.  She has been recognized by Maryland Super Lawyers for her medical malpractice defense practice.

In 2012, Diane was elected President of Network 2000, now Executive Alliance, and has served on its Executive Committee and/or Board of Directors for more than 10 years.  In both 2012 and in 2008, she was named one of Maryland’s Top 100 Women by The Daily Record.  This award recognizes leadership roles and other outstanding achievements of professional women who reside and work in Maryland and who are making an impact on the state.  Diane is AV® Peer Review Rated – the highest possible peer review rating from Martindale-Hubbell.

Prior to joining Tydings, she served as a law clerk to Judge Elsbeth L. Bothe of the Circuit Court for Baltimore City.

 

Attorney Profile
Education
  • University of Maryland Francis King Carey School of Law (J.D., with honors, 1983)
  • Loyola College (B.A., magna cum laude, 1980) Alpha Sigma Nu
Bar Admissions
  • State of Maryland
  • District of Columbia
Court Admissions
  • U.S. District Court, District of Maryland
  • U.S. District Court, District of Columbia
  • District of Columbia Court of Appeals
  • Court of Appeals of Maryland
  • U.S. Court of Appeals, Fourth Circuit
Activities
  • International Association of Defense Counsel
  • Executive Alliance, President, 2012-2013; Board of Directors, 2009-2019
  • Meritas, member contact, 2016-present; Board of Directors, 1994-1997
  • American Bar Association
  • Maryland Bar Foundation, Fellow
  • District of Columbia Bar
  • Maryland-DC Society for Healthcare Risk Management
  • Maryland Defense Counsel, Inc., President, 1992-1993
  • Greater Baltimore Committee, Health Care Committee, 2005-2009
  • Maryland Judicial Commission on Pro Bono
  • Maryland Volunteer Lawyers Service, Inc., Certified Settlement Facilitator
  • DRI-The Voice of the Defense Bar, State Representative, 1994-1998; Editor, The Defense Line, 1988-1989