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Articles Posted in Maryland Medical Malpractice Law

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Maryland Court Affirms Order Barring Expert Testimony as Untimely in Medical Malpractice Case

Generally, a plaintiff alleging a healthcare provider should be held liable for medical malpractice under Maryland law must provide a report from a medical expert to prove the healthcare provider’s liability. The plaintiff must not only produce an expert report on the issue of causation but must also produce the…

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Court Discusses Loss of Chance Doctrine in Maryland Medical Malpractice Claims

In Maryland medical malpractice cases, a plaintiff must show that the defendant’s negligence caused the plaintiff’s harm. In cases in which the plaintiff alleges the defendant’s negligence caused the wrongful death due of a loved one, however, the defendant may be able to argue that the loss of chance doctrine…

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Court Discusses Dismissal for Failure to File a Timely Medical Malpractice Complaint in Maryland

Maryland has specific laws regarding the procedures a person must comply with in the pursuit of damages for medical malpractice. If an injured party fails to comply with the requirements, it may result in a dismissal of the claim. However, a failure to abide by the proper procedure does not…

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Maryland Court Highlights the Differences Between Medical Negligence and Informed Consent Claims

In Maryland, there are numerous acts that may give rise to a medical malpractice lawsuit. For example, a patient may pursue claims against a practitioner for failing to properly diagnose the patient in a timely manner or operating on the wrong part of the patient’s body, which may constitute medical…

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Maryland Court Discusses What Law Applies in Survival Actions and Wrongful Death Claims Filed by Out of State Parties

When a person dies because of medical malpractice, the person’s family has the right to seek damages via a civil lawsuit. Specifically, the family members may seek compensation via a wrongful death and survival action. While generally the location of the harm is in the same jurisdiction as the deceased…

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Court Discusses Medical Malpractice Claims Under the Maryland Tort Claims Act

While some medical malpractice claims involve straightforward facts, in other instances, the circumstances surrounding a party’s harm are complicated, and it is not immediately clear who is responsible or what steps are necessary to pursue damages. Any time a person is harmed by negligent healthcare, however, it is prudent for…

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Understanding the Impact of COVID-19 on a Health Care Provider’s Medical Malpractice Liability

The COVID-19 pandemic has infiltrated every aspect of life throughout Maryland, including the process of seeking and obtaining medical treatment. As many states have issued orders limiting or eliminating liability for medical professionals, people throughout Maryland may be uncertain regarding their rights to pursue medical malpractice claims against a healthcare…

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Maryland Court Discusses Leave to Amend a Complaint in a Medical Malpractice Case

A case recently decided by the United States District Court for the District of Maryland highlighted the importance of complying with procedural requirements in pursuing a medical malpractice claim. Specifically, the court, in evaluating whether to grant leave to amend a complaint to include medical malpractice claims to a plaintiff…

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Court Differentiates Between Maryland Medical Malpractice Claims and Other Claims Arising Out of Medical Care

Although the majority of Maryland medical malpractice cases allege that a patient suffered harm because of negligent care, suits for harm caused by medical providers are not limited to malpractice claims. In most cases, however, even if a plaintiff’s lawsuit alleges the violation of a statute or regulatory standard pertaining…

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Maryland Court Rules that Cremation Does Not Constitute Spoliation in Medical Malpractice Cases

When people have to contend with the death of a loved one in Maryland, they are often focused on laying the departed loved one to rest and healing emotionally, rather than a potential lawsuit. Thus, an innocent act such a cremating a loved one’s remains may provide fodder for a…

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