In some instances, it is clear that a health care provider’s actions or failure to act can provide a basis for a viable medical malpractice claim, but in other cases, the law is unsettled as to whether a provider’s behavior would fall under the umbrella of medical malpractice. For example,…
Medical malpractice cases differ from other civil lawsuits in a variety of ways. For example, in many states, including Pennsylvania, a plaintiff is required to file a certification from a qualified medical professional that indicates the plaintiff’s claim has merit. Although plaintiffs may be tempted to couch medical malpractice allegations…
In some instances, a plaintiff will not only suffer harm due to one instance of medical malpractice but will be injured by multiple negligent providers. Unless the instances of harm are in some way related, however, damages for each harmful event must typically be pursued separately. Recently, the United States…
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…
Medical malpractice cases often hinge on the persuasiveness and credibility of each party’s expert. Thus, it is not uncommon for either party to attempt to discredit an expert, either by showing that the expert lacks the appropriate credentials to set forth an opinion or that the expert deviated from the…
If a person who has been harmed by medical malpractice wishes to pursue a claim against the provider that caused his or her harm, the person must pursue the claim promptly. In other words, if a person delays, the applicable statute of limitations may bar the person from recovering damages.…
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…
There are specific requirements set forth by the Maryland Health Care Malpractice Claims Act (“the Act”) that must be complied with by anyone wishing to pursue a medical malpractice claim. In part, the Act sets forth deadlines for when a plaintiff must file a claim with the Health Care Alternative…
It is not uncommon for people to travel to another city or state to seek medical treatment. Under normal circumstances, traveling for medical care does not present any concerns, but when the care provided causes the patient harm, an issue can arise as to what state’s laws apply in determining…
Medical malpractice cases arising out of a doctor’s failure to diagnose a patient often involve complicated issues and conflicting positions regarding what harm the patient sustained due to the delay in receiving a proper diagnosis. Thus, in cases in which the patient alleges a doctor committed malpractice by failing to…