Medical malpractice claims often hinge on whether healthcare providers adhered to the appropriate standard of care and whether any failure to do so directly impacted a patient’s health and treatment outcomes. Generally, expert testimony is necessary to establish the standard of care and causation; as such, if expert testimony is…
Medical malpractice cases often hinge on expert testimony to establish whether a healthcare provider’s actions deviated from the standard of care and whether those actions directly caused harm. If a party fails to comply with procedural rules, however, they may be precluded from introducing expert testimony, as discussed in a…
Vaccine-related injury claims often involve complex legal hurdles, particularly when federal immunity statutes like the Public Readiness and Emergency Preparedness (PREP) Act come into play. The PREP Act provides broad legal protections for entities involved in vaccine administration, significantly impacting the ability of plaintiffs to seek damages in traditional courts.…
In medical malpractice claims, plaintiffs must adhere to procedural requirements to ensure their cases are properly heard by the courts. When these requirements are not met, courts may dismiss the claim even before addressing its merits. A recent Maryland case highlights the importance of complying with federal pleading standards and…
Advances in reproductive technology not only allow people who have trouble conceiving to become parents but also allow people to take the steps necessary to avoid passing on genetic disorders. If a reproductive endocrinologist errs when providing medical services, they can be held accountable for any harm they cause, but…
In Maryland, incarcerated individuals who receive substandard medical care may have legal recourse against healthcare providers under state medical malpractice laws. However, such cases often involve complex procedural hurdles, including compliance with the state’s medical malpractice filing requirements and statutory limitations. A recent decision from a Maryland court highlights these…
Medical malpractice claims against government entities, such as the Federal Bureau of Prisons (BOP), are often difficult to establish due to strict legal requirements under the Federal Tort Claims Act (FTCA). This was highlighted by a recent decision out of Maryland in which the court ultimately upheld a finding that…
In Maryland, people seeking treatment from a healthcare provider have the right to expect competent care, even if incarcerated. If they subsequently receive substandard care, and suffer harm as a result, they may be able to pursue claims against the parties responsible for their harm, but establishing liability can be…
The tragic loss of a loved one due to alleged medical negligence can have devastating consequences. Recently, a Howard County jury awarded a historic multi-million verdict in a medical malpractice and wrongful death case involving a 22-year-old college student. The verdict demonstrates the importance of retaining an attorney who understands…
In Maryland, informed consent and medical malpractice are distinct claims that carry different burdens of proof. As such, whether a healthcare provider obtained a patient’s informed consent is generally irrelevant to a medical malpractice claim. There are few exceptions, though, as discussed in a recent Maryland medical negligence case in…