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Under Maryland law, people harmed by negligent medical care can pursue damages via medical malpractice claims. They must comply with the statutory requirements, though, including filing a certificate of a qualified expert, and if they fail to do so, their claims may be dismissed. In a recent ruling, a Maryland court discussed the timeliness of expert certificates in a matter in which it ultimately rejected the plaintiff’s explanation for his delay. If you were hurt by the carelessness of a healthcare provider, you may be owed damages, and you should meet with a Baltimore medical malpractice attorney as soon as possible.

Factual and Procedural Background

It is reported that in 2018, the plaintiff, who has autism spectrum disorder, received treatment at the defendant’s facility. He claimed that during treatment, he was subjected to noise exposure therapy involving distressing and loud sounds, leading him to injure himself by hitting his head against a window. As a result, he alleged that he suffered a brain injury and experienced increased self-injurious behavior. In 2021, the plaintiff, through his mother, filed a medical malpractice claim in the Health Care Alternative Dispute Resolution Office (HCADRO), alleging the defendant’s negligence.

Allegedly, the plaintiff missed the statutory deadline to file a certificate of a qualified expert (CQE) but was granted an extension. He eventually submitted a letter from a doctor, which purported to serve as the CQE, and then filed multiple motions, including motions for summary judgment and extensions of time to file a new CQE. The defendant waived arbitration, and the case was transferred to the trial court. After reviewing the motions, the trial court denied the plaintiff’s requests and dismissed the case due to the plaintiff’s failure to file a compliant CQE. This dismissal led to the plaintiff’s appeal. Continue Reading ›

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It is not uncommon for members of the United States military to seek medical care while they are serving. Sadly, such care does not always live up to expectations, and in some instances, lapses in medical judgment cause grave, and sometimes fatal, harm. Healthcare providers in the military who negligently harm patients can be held accountable, but claims against such providers may fall outside of the jurisdiction of the Maryland courts, as demonstrated in a recent ruling. If you suffered the loss of a loved one because of a healthcare provider’s recklessness, it is important to understand your rights, and you should consult a Baltimore medical malpractice attorney.

History of the Case

It is reported that the plaintiff, acting individually and on behalf of her deceased daughter, filed suit against the defendant, the United States, alleging medical malpractice under the Federal Tort Claims Act (FTCA) and violations of 42 U.S.C. § 1983 and the Administrative Procedure Act (APA). The plaintiff’s daughter, a military officer, died by suicide aboard a ship after being discharged from inpatient psychiatric treatment with a treatment plan that was not followed.

It is alleged that the plaintiff filed an administrative claim with the military in 2020, which was denied on the grounds that the standard of care was met. The plaintiff appealed the denial, but the Military Medical Malpractice Claims Appeals Board upheld the decision. The plaintiff then filed the current action, alleging that the military’s negligence and the mishandling of her administrative claim led to her daughter’s death. The United States moved to dismiss the case, arguing that the court lacked subject matter jurisdiction. Continue Reading ›

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When people visit the emergency department of a hospital, they anticipate that they will receive an accurate diagnosis and timely and appropriate treatment. Sadly, though, it is not uncommon for emergency room physicians to overlook things like fractures, which usually results in exacerbation of the injury and other complications. When faced with medical malpractice claims, doctors who make such mistakes may attempt to shift blame to their injured patients, but as shown in a recent Maryland case, that can be challenging. If you were hurt by a doctor’s oversights, it is in your best interest to confer with a Baltimore medical malpractice attorney about your possible claims.

Fact of the Case and Procedural Setting

It is alleged that the plaintiff brought a medical malpractice action against the defendant, a physician, alleging negligence in diagnosing a fracture in her left foot when she visited the emergency department in July 2020. The plaintiff was diagnosed with a foot sprain, even though a fracture was visible on the x-ray, and was discharged without a cast or immobilizer. She later suffered a displaced fracture, which required surgery, which she claimed would have been avoidable if she received a proper diagnosis initially.

Reportedly, the defendant did not dispute the misdiagnosis but raised contributory negligence as a defense, arguing that the plaintiff failed to follow discharge instructions, which advised her to schedule a follow-up or return to the emergency department if her symptoms worsened. The plaintiff, experiencing worsening pain, did not seek further treatment until July 24, 2020, when the fracture was discovered. The defendant contended that the plaintiff’s failure to follow instructions contributed to the displacement. The plaintiff moved to preclude the defendant from relying on contributory negligence at trial.

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People who seek medical care have the right to receive timely and suitable treatment, regardless of the setting in which the care is provided. Sadly, many people housed in federal facilities fall victim to missed and delayed diagnoses, inappropriate treatment, and other acts of medical malpractice. While people harmed by such medical errors have the right to pursue claims against the parties that caused their injuries, they must adequately support such claims, or else they may be dismissed at the outset, as illustrated in a recent Maryland case. If you endured losses due to inadequate medical treatment, it is advisable to speak with a Baltimore medical malpractice attorney about your possible claims as soon as possible.

Procedural and Factual History

It is alleged that the plaintiff, who was housed in a federal facility, filed a medical malpractice lawsuit against the defendant, the medical director of the facility, alleging that the defendant was negligent in providing appropriate medical care. The plaintiff experienced chronic pain and mobility issues, which he claimed were inadequately addressed by the defendant.

According to the plaintiff, the failure to provide timely treatment and necessary interventions resulted in prolonged suffering and worsened his medical condition. Despite seeking medical assistance multiple times within the facility, the plaintiff argued that the treatment provided was substandard and amounted to negligence. After exhausting internal remedies, the plaintiff pursued legal action, asserting that the defendant’s failure to provide adequate medical care constituted medical malpractice. Continue Reading ›

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Victims hurt by negligent medical treatment will often pursue claims against their providers. While they may be able to seek damages via other claims as well, they must offer facts sufficient to support such causes of action; otherwise, they will be dismissed. This was illustrated in a recent ruling in which the court found that the plaintiff’s medical malpractice claims were adequate to proceed, but his claims asserting violations of consumer protection laws were vague and general and, therefore, must be dismissed. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.

History of the Case

It is alleged that the plaintiff, acting as power of attorney for the patient, filed a lawsuit against a hospital and three of its doctors, alleging negligence in the emergency medical care provided to the individual in June 2022. The patient, after experiencing severe chest pains, was transferred to the hospital, where he was diagnosed with an ascending aortic dissection and underwent emergency surgery. Post-surgery, the patient exhibited symptoms of confusion and disorientation, which the doctors noted but delayed in ordering an MRI to assess the potential neurological damage.

Reportedly, the MRI, conducted a week later, revealed that the patient had suffered a stroke, leading to significant long-term impairments. The plaintiff initially filed a complaint with two counts: medical malpractice and negligent infliction of emotional distress. The negligent infliction of emotional distress claim was later withdrawn and replaced with a consumer protection claim. The defendants moved to dismiss the consumer protection claim, leading to the court’s review. Continue Reading ›

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Medical malpractice can cause grave injuries that not only cause physical and emotional pain but also significant financial losses. Victims of medical malpractice can often recover damages for their harm via civil lawsuits, but the amount recoverable depends, in part, on the type of compensation granted and statutory damages caps. For example, in a recent Maryland case, a woman was awarded $1.5 million for harm sustained in an improperly performed gallbladder surgery, but her damages will be reduced in accordance with Maryland law. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.

The Facts of the Case

It is reported that a medical malpractice suit adjudicated by a jury in St. Mary’s County resulted in a $1.5 million verdict against a hospital and its surgeon. The plaintiff, a woman who underwent gallbladder removal surgery, alleged that the surgeon had negligently left part of her gallbladder behind during the procedure. Following the initial surgery, the plaintiff experienced severe abdominal pain and multiple emergency visits. A CT scan performed in July 2021 revealed the presence of a remnant gallbladder.

Allegedly, subsequent medical evaluations and an additional surgery in April 2022 confirmed the remnant, which contributed to ongoing pain and required further surgical intervention. The hospital contended that the surgical difficulty was due to the patient’s unusual anatomy, though this was not documented in the surgical report. The plaintiff’s case included claims of negligence, asserting that the surgeon failed to recognize and address the incomplete removal and did not inform her of the partial procedure. Continue Reading ›

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Unfortunately, it is not uncommon for the negligence of healthcare providers to harm patients. People who suffer such injuries may be able to pursue medical malpractice claims against the parties responsible for their damages and in some instances, may be able to pursue other claims as well. Regardless of the nature of their claims, they must comply with any jurisdictional and procedural requirements to avoid unintentionally waiving their rights, as discussed in a recent Maryland ruling. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.

 Case Setting

It is reported that the plaintiff, acting without legal representation, filed an initial complaint against the defendant, claiming medical malpractice and negligence. She alleged that the defendant failed to provide appropriate medical care when she sought treatment for a severe asthma attack at the defendant’s emergency facility. She further claimed that this failure, motivated by racial discrimination, led to lasting health issues, including traumatic vertigo and symptoms of acute coronary artery disease. The plaintiff based her case on federal question jurisdiction but did not initially cite a specific statute.

Reportedly, the court noted that the Emergency Medical Treatment and Labor Act (EMTALA) might be relevant and directed the plaintiff to clarify the basis for federal jurisdiction. In response, the plaintiff amended her complaint to include an EMTALA violation along with her state-law claims of medical malpractice and neglect. The defendant then moved to dismiss the amended complaint, arguing primarily that the plaintiff’s claims were improperly presented as an EMTALA issue when they were actually state-law malpractice claims, which required arbitration before court action. The plaintiff did not respond to the motion to dismiss. Continue Reading ›

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It is not uncommon for people to receive medical care from federally funded facilities. If the treatment rendered at such facilities hurts rather than helps patients, they may be able to pursue medical malpractice claims. Claims against the federal government can be complicated, however, as people pursuing such claims must abide by any applicable procedural rules, and if they fail to do so, their claims may be dismissed, as discussed in a recent Maryland ruling. If you were harmed by incompetent medical care, it is important to understand your rights, and you should talk to a Baltimore medical malpractice attorney promptly.

Factual and Procedural History

It is reported that the plaintiff, a patient who received treatment for suicidal ideation, initiated a lawsuit against a medical services provider and two of its employees who were responsible for his care. The plaintiff alleged that one employee failed to follow up with him as promised, and the other employee informed him that only one medication would be prescribed, and if it did not work, no further assistance would be provided. The plaintiff claimed that these failures in his medical care directly caused him continued suffering and self-harm, amounting to medical malpractice.

Allegedly, the defendants subsequently removed the case to federal court, as the medical services provider was deemed an employee of the Public Health Service (PHS) under the Federal Tort Claims Act (FTCA). The court ordered that the United States be substituted as a defendant for the medical services provider, given its status as a PHS employee acting within the scope of its employment. The plaintiff, however, did not effectuate service on the two individual employees, either before or after the case was moved to federal court. The United States filed a motion to dismiss the case, arguing that the court lacked subject matter jurisdiction due to sovereign immunity under the FTCA and that the plaintiff failed to properly serve the individual defendants.

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People who pursue medical treatment are entitled to receive competent care, no matter where their treatment occurs. If the care provided is substandard, they may have grounds to pursue claims against their healthcare providers. While the location of their care does not impact the standard their treatment providers should be held to, it may impact their claims. Specifically, if care provided to people detained in federal facilities is inadequate, under certain circumstances, it may give rise to civil rights claims as well as medical malpractice claims. Generally, such claims are pursued in federal court. If the civil rights claims are subsequently dismissed, the medical malpractice claims may be dismissed as well, as demonstrated in a recent Maryland case. If you experienced harm due to inadequate medical care, it is recommended to consult with a Baltimore medical malpractice lawyer at your earliest convenience to discuss your options.

History of the Case

It is reported that the plaintiff instituted a lawsuit against the defendants, alleging civil rights violations and other claims arising out of the improper diagnosis and treatment for an injury to his right arm and shoulder. The plaintiff claimed that the physician assistant assumed without proper evaluation that his pain was due to a muscle strain and recommended daily exercises and ibuprofen. Despite persistent pain, the plaintiff was only prescribed Tylenol and Gabapentin by a doctor a month later.

The plaintiff alleged that throughout the treatment process, numerous administrative and logistical issues, including lost x-rays and delayed referrals, impeded his treatment. His condition ultimately led to surgery for three torn tendons in January 2017, which was followed by complications, including an infection due to improper postoperative care. The defendants moved to dismiss the plaintiff’s claims. As the defendants attached documents to their motion, the court treated their motion as a motion for summary judgment. Continue Reading ›

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Generally, plaintiffs in medical malpractice cases must pursue claims against all parties at the same time. While they have the right to amend their complaints to add additional defendants, they must do so within a certain timeframe. There are exceptions for good cause, though, that allow for later amendments. Recently, a Maryland court discussed what constitutes good cause in a case in which it ultimately granted the plaintiff’s request for leave to amend. If you suffered losses due to the carelessness of your healthcare provider, you may be able to recover damages in a civil lawsuit, and you should speak to a Baltimore medical malpractice attorney.

Factual History and Procedural Setting

It is alleged that the defendant doctor performed plastic surgery on the plaintiff at the defendant hospital in June 2021. Post-surgery, the plaintiff was moved to the post-anesthesia care unit and subsequently to the medical/surgical recovery floor, where he was attended to by three physician assistants. The plaintiff alleged that the doctor and hospital staff’s negligence led to him developing bilateral compartment syndrome in his legs, resulting in over 16 surgeries and more than $4 million in medical bills. As such, in December 2022, the plaintiff filed a medical malpractice complaint against multiple defendants, including a doctor and a hospital.

Allegedly, in January 2023, the plaintiff filed an amended complaint reiterating the claims of medical malpractice against the defendant doctor, the defendant doctor’s practice, and the defendant hospital. Later, the hospital produced a document signed by the doctor indicating his supervisory role over the physician assistants. This document emerged months after the deadline for joining new parties or amending pleadings had passed. Continue Reading ›

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