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Articles Posted in Medical Malpractice

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Court Explains Requirements for Pursuing a Medical Malpractice Claim in Maryland

Under Maryland law, people harmed by the carelessness of their treatment providers have the right to seek compensation for their losses. They must abide by the applicable procedural rules, however, and if they do not, their claims may be dismissed. This was illustrated in a recent matter filed in the…

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Court Discusses Defenses in Maryland Medical Malpractice Cases

Doctors faced with claims that they committed medical malpractice will often deny liability. In some instances, they will assert that other factors caused the plaintiff’s injuries and may go so far as to argue that the plaintiff is responsible for the harm they allegedly suffered.  As demonstrated in a recent…

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Federal Court Dismisses Medical Malpractice Claims Arising Under Maryland State Law

In the United States legal system, parties will typically pursue claims arising out of state law in state court. While federal courts will handle state law claims in some cases, they are courts of limited jurisdiction. Thus, they will often decline to exercise jurisdiction over certain matters, like medical malpractice…

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Maryland Court Discusses Federal Jurisdiction Over Medical Malpractice Claims

While it rarely occurs, it is possible for a medical provider that causes a patient harm to commit other grievances as well. As such, a person harmed by medical malpractice may assert numerous causes of action in one lawsuit against the provider that caused their harm, and in many instances,…

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Maryland Court Assesses Medical Malpractice Claims Asserted in Federal Lawsuits

The medical care offered to people who are housed in federal facilities, unfortunately, is often inadequate. People who sustain injuries due to such incompetent care have the right to pursue claims against the parties responsible for their harm, however. In many instances, such claims will arise under both state and…

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Maryland Court Discusses Notice Requirements Under the FTCA

Many medical facilities are funded and operated by the federal government. Patients who suffer harm due to incompetent care rendered in such a facility may be able to recover damages, but they typically must comply with the requirements imposed by the Federal Tort Claims Act (FTCA), as their claims will…

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Maryland Court Discusses Pursuing Damages Under the Federal Tort Claims Act

It is not uncommon for people treated in federal facilities to suffer harm due to incompetent medical care. While people injured by the medical negligence of federal employees have the right to pursue damages, they generally must comply with the rules set forth under the Federal Tort Claims Act (the…

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Maryland Court Explains Privileged Quality Assurance Documents in Medical Malpractice Cases

In Medical malpractice cases, the records, notes, and charts produced by the defendant doctor are often key in establishing liability. Not all materials created by doctors are discoverable, however, as some are protected from disclosure by privilege. In a recent Maryland ruling issued in a hospital malpractice case, a court…

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Maryland Court Discusses the Standard for Transfer for Forum non Conveniens in Medical Malpractice Cases

People harmed by the incompetence of their doctors have the right to pursue compensation via medical malpractice claims. As plaintiffs are the parties that institute cases, they generally get to determine where the case will be filed and what court will preside over the matter. Defendants have the right to…

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Maryland Court Discusses the Impact of Improper Evidence in Medical Malpractice Cases

There are numerous claims a person harmed by incompetent medical care may pursue. For example, a person may assert a medical malpractice claim or failure to obtain a patient’s informed consent claim. While parties can pursue both claims in one action, they each have different elements that must be proven…

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