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…
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…
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…
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…
Medical malpractice cases are complex, and despite plaintiffs’ attorneys’ best efforts, juries do not always accurately understand the issues of liability and damages. Depending on what court presides over a medical malpractice case, when a jury finds in favor of the defendant, the plaintiff may not only suffer a loss…
In most medical malpractice cases filed in Maryland it is critical for the plaintiff to present expert testimony to establish that the defendant care provider is liable for the plaintiff’s harm. In many cases, the defendant will try to argue that the plaintiff’s expert is not qualified to offer an…
In any case in which an injured party wishes to pursue damages, it is essential for the party to comply with the procedural rules set forth under Maryland law. Medical malpractice cases differ from other civil lawsuits, however, in that they have their own separate set of rules with regard…
Under Maryland law, filing a certificate from a health care provider is a prerequisite to any plaintiff wishing to pursue a medical malpractice lawsuit against a board-certified health care provider. Not only must the plaintiff file a certificate, but also the certificate must be from a provider in the same…
In Maryland, the essential elements of a medical malpractice claim are a breach of the applicable standard of care and harm caused by the breach. Thus, even if a physician commits an egregious act, it may not be considered malpractice if the plaintiff cannot establish the elements required to impose…
In the majority of medical malpractice cases pursued in Maryland, both the plaintiff and the defendant will need to retain one or more experts to opine as to whether the expert deviated from the standard of care. If either party’s expert is not qualified, however, the party may be precluded…