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When people seek emergency medical care following traumatic events, they rightfully expect competent, compassionate, and timely treatment. When care falls short of these expectations, the consequences can be severe, and it may constitute grounds for pursuing medical malpractice claims. It can be challenging to demonstrate liability in claims against healthcare providers, however. A recent decision from a Maryland court illustrates some of the legal and procedural hurdles plaintiffs face when pursuing medical malpractice claims in federal court. If you were harmed by negligent medical treatment, it is critical to consult an experienced Baltimore medical malpractice attorney to protect your rights.

Background of the Case

It is reported that the plaintiff, following a motor vehicle accident, was transported to a hospital emergency department where she alleged she sustained a traumatic brain injury, a bleeding head wound, and other serious harm. She contended that she waited an unreasonable amount of time before being treated, and that the attending physician treated her in a disrespectful and impersonal manner.

Courts are generally reluctant to allow appeals of partial judgments while a case is still pending unless there is a compelling justification for doing so. A recent opinion issued in a Maryland medical malpractice case demonstrates the high bar litigants must meet to demonstrate that they should be permitted to appeal a non-final judgment. If you suffered harm due to incompetent medical care, it is smart to talk to a Baltimore medical malpractice attorney about your options as soon as possible.

Case Setting

This medical negligence action arises out of care the plaintiff, proceeding pro se, received at Suburban Hospital in October 2015. The plaintiff alleged that the hospital failed to prevent a pulmonary embolism and sought damages for medical malpractice and lost economic opportunities. The parties filed cross-motions for partial summary judgment, with the plaintiff pursuing direct liability theories against the hospital and the defendants seeking dismissal of various claims.

In an August 2024 decision, the court dismissed several of the plaintiff’s claims. Specifically, the court held that the plaintiff failed to present expert evidence to support corporate negligence theories, such as failure to train or supervise. The court also dismissed the plaintiff’s claims for lost profits, finding a lack of evidentiary support. However, it denied summary judgment on the plaintiff’s respondeat superior theory of liability, finding genuine disputes of fact regarding whether the treating physician was an apparent agent of the hospital and whether his conduct caused the plaintiff’s injury. Continue Reading ›

Medical professionals have a duty to act promptly when diagnostic imaging reveals potentially life-threatening conditions. In cases involving delay in diagnosis, the success of a medical malpractice claim often hinges on expert testimony linking that delay to a patient’s injury or death. A recent decision from a Maryland court illustrates the high bar plaintiffs must meet to establish causation through expert evidence. If you lost a loved one due to a delay in diagnosis or treatment, you should speak to a knowledgeable Baltimore medical malpractice attorney about your rights.

Factual Allegations and Procedural History

It is alleged that the decedent, a 66-year-old woman with Stage IV uterine cancer, died from sepsis at a Maryland hospital in October 2020. According to the estate, the decedent’s death was caused by medical negligence on the part of a radiologist who misread abdominal x-rays during her third visit to the hospital in less than 48 hours. It is reported that during that third visit, the decedent underwent several abdominal x-rays to confirm the placement of a nasogastric tube. The defendant radiologist interpreted one x-ray as showing proper tube placement without other findings. Later, the radiologist reviewed a subsequent image and noted free air under the diaphragm, indicating possible bowel perforation. An addendum was then added to the earlier x-ray to reflect the same.

People who receive treatment at government-operated medical facilities are entitled to care that meets the same professional standards required of private providers. When doctors disregard known health risks or fail to consult a patient’s history before administering medications, the consequences can be severe. A recent opinion explores these issues in the context of a medical malpractice claim brought under the Federal Tort Claims Act. If you were injured by negligent care at a VA hospital, you should speak to a skilled Baltimore medical malpractice attorney about your potential claims.

Procedural and Factual Background

It is alleged that the plaintiff sought treatment at a federal medical facility, where he received two medications. These medications were reportedly administered in March 2020. The plaintiff claims that both drugs have documented potential for triggering allergic reactions, including dysphagia and angioedema, and that these risks are disclosed in the drugs’ warning labels. It is reported that the plaintiff had previously been hospitalized for similar allergic reactions in 2016 and 2017, facts which were allegedly known to the treating physicians at the facility.

In the realm of medical malpractice, the standard of care often serves as the linchpin between professional judgment and actionable negligence. This was illustrated in a recent Maryland decision in which the court considered whether a physician’s response to a patient’s abnormal EKG and reported chest pain met the legal standard required under Maryland law. The ensuing lawsuit, focused on both the adequacy of the care provided and the legal sufficiency of the jury instructions issued at trial, highlights how Maryland courts balance expert testimony, procedural precision, and legal standards in determining medical negligence. If you or a loved one suffered harm due to medical malpractice and you have questions about your options, it is wise to consult a skilled Baltimore medical malpractice attorney.

Case Setting

It is reported that the decedent, a middle-aged man with a notable family history of heart disease, began experiencing chest pain on February 10, 2020. The symptoms eased temporarily with the consumption of hot tea, prompting the patient to wait until February 13, 2020, to consult his primary care physician, the defendant. It is alleged that during that consultation, the defendant conducted an electrocardiogram (EKG), which returned abnormal results. The plaintiff asserted that the defendant diagnosed gastroesophageal reflux disease (GERD) and esophageal spasms, while allegedly failing to emphasize the abnormality of the EKG or the need for immediate medical attention. The defendant provided referrals to a cardiologist and a gastroenterologist and advised follow-up in a month.

Allegedly, the defendant testified that he did urge the patient to go to the emergency room, but this instruction was not documented in the medical record. On February 15, 2020, two days after the appointment, the decedent was found dead at home. A private autopsy conducted by a forensic pathologist retained by the plaintiff concluded that the cause of death was a cardiac arrhythmia stemming from a thrombus in a coronary artery in the context of significant atherosclerotic cardiovascular disease. Continue Reading ›

When does a patient truly know they’ve been harmed, and who’s responsible for it? That question, often blurred by time, symptoms, and shifting medical advice, is at the heart of many medical malpractice cases. In a recent medical malpractice decision, the court confronted the delicate intersection of legal deadlines and patient awareness. A jury had ruled that the plaintiff’s case was too late, but the appellate court found that the jury never should have been cut out of the conversation. This case reaffirms that in complex malpractice claims, timing isn’t just everything, it’s something the jury must decide. If you suffered harm due to inadequate medical care, it is in your best interest to talk to an attorney about your potential claims as soon as possible.

Factual Background and Procedural History

It is reported that the plaintiff underwent a urethral dilation procedure performed by the defendant urologist at the defendant clinic. Allegedly, after the procedure, the plaintiff began to experience a cascade of serious medical issues, including pain, fatigue, and neurological symptoms. It is alleged that these conditions progressively worsened over time, and the plaintiff continued to seek medical opinions to understand their cause.

It is reported that the plaintiff did not file her complaint until more than three years after the initial procedure. The defendants moved for judgment as a matter of law, asserting that the claim was time-barred under D.C. Code § 12-301(8), which imposes a three-year limitations period for medical malpractice actions. Continue Reading ›

In high-stakes medical malpractice litigation, the rules of evidence are more than procedural technicalities; they can be the difference between a fair trial and a mistrial. A recent decision from a Maryland court emphasizes the strict limitations on presenting evidence of liability insurance to a jury. When plaintiff’s counsel improperly introduced insurance-related language during trial, the court held that the error was too prejudicial to ignore, granting the defendant’s motion for a mistrial. This case serves as a reminder of the high bar courts impose when litigants attempt to reference insurance in the context of negligence claims. If you sustained losses due to the carelessness of a healthcare provider, you should talk to a Baltimore medical malpractice attorney about your avenues for seeking justice.

Factual and Procedural History

It is reported that the plaintiff underwent a calf-implant surgery on June 30, 2021. Following the procedure, the plaintiff received post-operative care from physician assistants employed by the defendant hospital. The plaintiff brought suit alleging negligent post-operative treatment, which was set for jury trial in April 2025.

In medical malpractice litigation, timing is everything, and so is consistency. In a recent Maryland medical malpractice case, the court rejected two early attempts to dismiss a patient’s medical negligence claims: a statute of limitations defense and a judicial estoppel argument. The ruling emphasizes that when factual disputes exist about when a plaintiff discovered her injury or whether her prior litigation statements contradict current claims, those questions must be answered through discovery, not resolved at the pleading stage. If you believe a healthcare provider’s incompetence caused you harm, it is wise to talk to a Baltimore medical malpractice attorney about your rights.

Factual Background and Procedural History

It is reported that the plaintiff underwent an MRI in July 2020 to evaluate her temporomandibular joints. The imaging was interpreted by a radiologist employed by a medical group, later named as a third-party defendant. Allegedly, the radiologist failed to identify a suspicious mass in the plaintiff’s right parotid gland. It is alleged that had the mass been detected and properly reported, earlier follow-up testing and treatment could have prevented the plaintiff’s cancer from progressing to an incurable stage.

It is reported that the plaintiff initially filed a malpractice suit against several providers and institutions. Later, she filed a separate action naming the radiologist and his employer directly. That case was consolidated with the original litigation, and the newly added defendants moved to dismiss her claims. They asserted that the action was time-barred under Maryland’s three-year statute of limitations for malpractice and that the plaintiff’s statements in the earlier case precluded her claims under the doctrine of judicial estoppel. Continue Reading ›

When minutes matter, a missed diagnosis can cost a limb – or a life. In a recent Maryland medical malpractice case, a patient’s visit to a government-run clinic for what should have been a routine evaluation turned into a life-altering ordeal. The failure to identify and treat a rapidly advancing infection, necrotizing fasciitis, allegedly led to devastating consequences: a catastrophic amputation and long-term medical complications. As the case moves toward trial, the court’s recent rulings shed light on the critical role of expert testimony and the complex calculations behind life expectancy and medical damages. If you or a loved one has suffered due to a healthcare provider’s failure to diagnose a dangerous condition, an experienced Baltimore medical malpractice attorney can help you navigate your path forward.

Factual Background and Procedural History

It is alleged that the plaintiff sought care from a medical facility operated by an agent of the United States, presenting with symptoms that were ultimately found to be consistent with necrotizing fasciitis, a life-threatening soft tissue infection. It is reported that the government-employed provider failed to recognize or appropriately diagnose the condition, resulting in a delay in necessary medical intervention.

Allegedly, as the infection worsened, the plaintiff suffered severe complications that ultimately necessitated an above-the-knee amputation. The plaintiffs brought suit against the United States under the Federal Tort Claims Act, asserting that the negligent care rendered by the federal agent constituted a breach of the applicable standard of care. In addition to the malpractice claim, the plaintiffs sought compensation for medical expenses, pain and suffering, and a diminished quality of life, including the loss of future earnings and life expectancy. Continue Reading ›

Timely and coordinated healthcare is essential, particularly when vulnerable patients rely on managed care systems for home-based support. In a recent medical malpractice case, the plaintiff alleged that a healthcare provider’s failure to act on a care assessment contributed to a patient’s decline and eventual death. While the complaint raised concerns about medical negligence in care coordination, the case was ultimately dismissed due to a failure to meet the legal requirements for bringing such claims. If you believe that care mismanagement harmed your loved one, a Baltimore medical malpractice attorney can help you understand the procedural and substantive steps necessary to bring a viable claim.

Factual History and Procedural Background

It is reported that the plaintiff’s mother, who was dually enrolled in Medicare and Medicaid, was assessed by a contractor acting on behalf of the government. The contractor determined she met the “nursing facility level of care” and required the assistance of a personal care aide. The plaintiff contended that this Level of Care (LOC) Assessment was transmitted to the healthcare provider through a system designed to ensure that healthcare entities receive and act on such assessments in real-time.

Allegedly, the defendant claimed it never received the LOC Assessment and, as a result, failed to provide the home-based services prescribed. It is further alleged that this failure led to a month-long lapse in care from late August through mid-September 2023, contributing to the patient’s worsening condition and her death in October 2023. The plaintiff filed suit, asserting claims for negligence and breach of contract. The case was later removed to federal court on diversity grounds. Continue Reading ›

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