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,…
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…
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…
Many Maryland veterans seek treatment from medical centers dedicated to caring for people who have served in the military. Such facilities are typically funded by the federal government, and therefore, any patient harmed by negligent medical care received at these centers will bring claims against the treating physician under the…
Most laypeople do not have independent knowledge regarding the level of care doctors must provide to their patients. Thus, in a case in which a plaintiff alleges that a physician breached the applicable standard of care and committed malpractice, the plaintiff typically must provide an expert report in support of…
People harmed by incompetent medical care can seek damages from the health care providers that caused their injuries. They are only afforded one chance to prove liability, though. This means not only that plaintiffs cannot attempt to re-litigate a medical malpractice claim that has already been resolved but also that…
In Maryland, a plaintiff who is injured by a negligent doctor has the right to pursue damages via a medical malpractice lawsuit. Prior to pursuing such claims, though, plaintiffs must meet certain requirements imposed by the Maryland Health Care Malpractice Claims Act (HCMCA), and if they do not, they may…
Generally, a plaintiff has the right to determine where to file a lawsuit, and as long as jurisdictional requirements are met, the plaintiff’s choice will not be disturbed. There are exceptions, however, that will allow a court to transfer a case to another venue, despite the plaintiff’s protests. Recently, a…
Many medical facilities throughout Maryland are funded by the federal government. A person who suffers harm due to incompetent medical care at a federal facility, therefore, will likely file any medical malpractice claims in federal court naming the federal government as the defendant. Plaintiffs pursuing claims for medical negligence in…
In medical malpractice lawsuits, medical documents and images detailing the plaintiff’s treatment are essential to proving liability. As such, if a defendant refuses to produce certain records, it can greatly impair a plaintiff’s ability to present a compelling case. In some instances, though, a defendant is permitted to withhold evidence,…