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Articles Posted in Medical Malpractice

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Maryland Court Considers Evidence of Third-Party Negligence in Medical Malpractice Cases

In Maryland, determining liability in medical malpractice cases often involves a detailed examination of the actions of all parties involved. In some cases, this may include an assessment of the potential liability of third-party practitioners. This was demonstrated in an opinion recently issued by a Maryland court that highlights the…

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Maryland Court Examines Evidence Needed to Establish a Lack of Informed Consent

Under Maryland law, the doctrine of informed consent requires that healthcare providers disclose information that is material to a patient’s decision-making regarding their medical treatment. This duty extends to communicating risks, alternatives, and other essential information that would allow patients to make informed decisions. Recently, a Maryland court issued an…

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Maryland Court Evaluates Expert Testimony in Informed Consent Cases

Maryland courts require expert testimony in medical malpractice cases to help juries understand complex medical information. However, not all expert testimony is admissible, as illustrated in a recent Maryland case in which the court considered whether a pharmacist’s testimony was relevant and appropriate in a claim involving informed consent. If…

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Maryland Court Affirms Summary Judgment in Medical Malpractice Case

Medical malpractice lawsuits are complex, and plaintiffs pursuing such claims must adhere to strict procedural rules to succeed. Sadly, the failure to comply with court-mandated deadlines or provide adequate evidence can result in the dismissal of claims, as illustrated by a recent Maryland case. If you or a loved one…

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Maryland Court Discusses Choice of Law in Medical Malpractice Cases

Maryland applies its choice of law rule, lex loci delicti, which mandates that the substantive law of the place where the injury occurs governs cases involving tort claims. In medical malpractice cases where the injury or malpractice occurred out of state, Maryland courts must determine whether local or out-of-state laws,…

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Maryland Court Examines Federal Jurisdiction Over State Medical Malpractice Claims

Maryland healthcare providers are expected to provide patients with competent care, which includes informing them of the risks associated with prescribed treatments. While state courts typically oversee medical malpractice cases, federal courts may exercise jurisdiction over these state law claims in certain situations, such as when they are filed along…

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Maryland Court Discusses Grounds for Admitting Expert Testimony

Maryland law sets stringent requirements for proving causation in birth injury cases, including standards governing the admissibility of expert testimony. In cases where expert opinions are deemed unreliable or lack a sound basis, courts may exclude such testimony, thereby precluding claims from proceeding. A recent Maryland case involving a birth…

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Court Addresses Admissibility of Expert Testimony in Medical Malpractice Cases

Maryland law allows people harmed by medical errors to seek compensation, but in order to demonstrate fault, they usually must offer expert testimony. However, in cases where the court deems expert testimony to lack a sound scientific basis, it may preclude such testimony from impacting the verdict. Recently, a court…

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Maryland Court Discusses Timeliness of Expert Reports in Medical Malpractice Claims

Under Maryland law, people harmed by negligent medical care can pursue damages via medical malpractice claims. They must comply with the statutory requirements, though, including filing a certificate of a qualified expert, and if they fail to do so, their claims may be dismissed. In a recent ruling, a Maryland…

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Maryland Court Analyzes Jurisdiction in Medical Malpractice Claims

It is not uncommon for members of the United States military to seek medical care while they are serving. Sadly, such care does not always live up to expectations, and in some instances, lapses in medical judgment cause grave, and sometimes fatal, harm. Healthcare providers in the military who negligently…

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