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…
Articles Posted in Medical Malpractice
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…
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…
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…
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…
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…
Maryland Court Discusses the Right to Recover Wrongful Death Damages in Cases Involving the Late Diagnosis of a Terminal Illness
Stage IV metastatic breast cancer is a devastating disease for which, tragically, there is no cure. As such, many people lose their lives to metastatic breast cancer each year. While stage IV breast cancer is not curable, it is treatable, and some people are able to live for several years…
Court Discusses Contributory Negligence in the Context of Medical Malpractice
When healthcare providers face liability for incompetent medical care, it is uncommon for them to admit fault. In some cases, they may go as far as to blame the plaintiffs for the injuries they sustained, arguing their carelessness caused or contributed to their harm. In Maryland and many other jurisdictions,…
Maryland Court Discusses Federal Jurisdiction Over Medical Malpractice Claims
It is not uncommon for injuries caused by medical malpractice to occur simultaneously with other harm. In such cases, the injured party may be able to pursue numerous causes of action in a single lawsuit. Depending on where the matter is filed, though, the dismissal of one claim may result…
Federal Court in Maryland Discusses Requirements for Filing Medical Malpractice Claims
When a doctor improperly performs a dental procedure, it can lead to decay, tooth loss, and lasting pain. Thus, a person harmed by a negligent dentist may be able to recover damages via a malpractice lawsuit. As with malpractice claims against doctors, though, people seeking compensation for harm caused by…