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…
Articles Posted in Maryland Medical Malpractice Law
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…
Maryland Court Explains Evidence Needed to Sustain a Medical Malpractice Case
Maryland law allows people who suffer harm due to negligently rendered medical care to seek compensation in a medical malpractice lawsuit. Even if there is ample evidence of inadequate treatment, however, medical professionals will often seek to have the claims against them dismissed prior to trial. As recently explained by…
Maryland Court Discusses the Procedure for Pursuing Medical Malpractice Claims
People harmed by negligent medical care will often seek damages from the parties responsible for their losses via medical malpractice claims. Under Maryland law, however, before filing a complaint, a plaintiff must file a claim with the Health Care Malpractice Claims office, and if they fail to do so, they…
Court Examines Damages in Maryland Medical Malpractice Cases
In most medical malpractice cases, the defendant will contest both liability and damages. In some instances, though, the defendant will concede fault but will argue that the plaintiff failed to adequately support their request for damages or that certain compensation should not be granted. Recently, a Maryland court addressed the…
Maryland Court Dismisses Malpractice Claim Against Dentist
In Maryland, dentists are considered healthcare providers, which means, among other things, they can be held liable for medical malpractice. A plaintiff pursuing medical malpractice claims against a dentist must not only offer evidence sufficient to demonstrate liability, but they must also comply with the applicable rules of procedure. If…
Maryland Court Discusses Rebuttal Evidence in Medical Malpractice Cases
Many people struggle to conceive children or carry a pregnancy to term. Luckily, advances in medicine and technology allow people to become parents in non-traditional ways, including through the use of a gestational carrier. There are risks associated with working with a gestational carrier, however, including the possibility that the…
Maryland Court Discusses Medical Malpractice Claims Under the Federal Tort Claims Act
Many people in Maryland receive medical care in federally funded facilities. If the care they receive is inadequate, and they suffer harm as a result, they have the right to seek damages via medical malpractice claims. Such claims must be pleaded carefully, however, as pleading errors can result in the…