Cosmetic procedures, generally, aim to improve people’s appearances. Nonetheless, they are medical treatments that must be rendered with appropriate skill and care. If they are not, complications can arise, and the responsible parties may be liable for malpractice. In many instances, it is not immediately clear who is involved in…
Articles Posted in Maryland Medical Malpractice Law
Court Discusses Medical Malpractice Claims Arising Out of COVID-19
The COVID-19 pandemic was an unprecedented event that changed most aspects of people’s lives, including their expectations with regard to medical care. Specifically, during the pandemic, Maryland passed a law providing statutory immunity to medical providers acting in good faith during the health emergency. In a recent Maryland ruling issued…
Maryland Court Examines Statute of Limitations in Medical Malpractice Cases
Under Maryland law, people harmed by incompetent medical care have the right to assert medical malpractice claims against the providers responsible for their losses. They must act promptly, however, because if they wait too long to seek compensation, they may waive the right to do so. It may not always…
Maryland Court Discusses Confessed Judgments in Medical Malpractice Actions
It is not uncommon for parties in medical malpractice actions to ultimately settle instead of proceeding to trial. In such instances, the settlement agreement is enforceable. As such, if the defendant does not make payments as required under the agreement, the plaintiff can file a complaint for confessed judgment in…
Maryland Court Discusses Pursuing a Federal Medical Malpractice Claim
The law does not require people pursuing medical malpractice claims to be represented by an attorney. In most instances, though, it is prudent for people harmed by incompetent medical care to seek legal counsel, otherwise, they may unintentionally waive their right to recover damages by making procedural errors. This was…
Court Discusses Demonstrating Lack of Informed Consent in Maryland
Under Maryland law, people who are not adequately advised of the risks associated with a procedure may be able to seek compensation via informed consent claims. In a recent opinion issued in a lack of informed consent case, the court discussed what evidence a plaintiff must produce to show that…
Maryland Court Discusses Causation in Medical Malpractice Cases
In order to recover damages in a Maryland medical malpractice case, the plaintiff must not only prove that the defendant deviated from the standard of care but also that said departure caused the plaintiff’s harm. As discussed in a recent Maryland opinion, if a plaintiff fails to establish either component…
Maryland Court Distinguishes Medical Malpractice From Other Claims
People who are confined in federal facilities often, unfortunately, suffer harm due to inadequate medical care. While such losses are arguably grounds for pursuing medical malpractice claims, they may give rise to other claims as well, and it is important to understand the distinctions and what evidence is needed to…
Maryland Court Discusses Habit Evidence in Medical Malpractice Cases
In a Maryland medical malpractice case, the plaintiff bears the burden of establishing that the defendant engaged in behavior that constitutes a deviation from the standard of care and that such behavior caused the plaintiff’s harm. In defense of such claims, the defendant may seek to introduce habit evidence, which…
Maryland Court Determines Virginia’s Laws Apply in a Medical Malpractice Case
Typically, people pursuing medical malpractice claims will file their lawsuits in the state where their harm occurred, but that is not always the case. While plaintiffs generally have the right to determine where to file their lawsuits, when the court presiding over a matter sits in a different state than…