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,…
Medical malpractice claims are generally more complex than other matters, and those asserted against employees of the federal government are especially complicated. Thus, plaintiffs pursuing medical negligence cases against federally employed defendants must take special care to follow proper procedures; otherwise, their claims may be terminated. This was demonstrated in…
In medical malpractice cases, as in all other matters, it is vital that the plaintiff receive a fair trial before an impartial judge. Thus, a plaintiff who believes a judge harbors an implicit bias can file a motion seeking recusal. It is equally important that a plaintiff follow the proper…
Not all harm that arises in the context of medical care necessarily constitutes malpractice. And so if a patient who suffers harm during the process of treating with a physician wishes to seek redress via a civil lawsuit, it is prudent that the patient consults with an attorney to ensure…
Advances in surgical methods allow patients to avoid many of the dangers traditionally associated with invasive procedures. Surgery is not completely without risk, though, and complications can arise that can lead to devastating harm, such as the loss of a limb. Recently, a federal district court discussed whether a defendant’s…
In medical malpractice cases, the plaintiff must produce testimony from an expert that both establishes the standard of care and supports the argument that the defendant deviated from the standard. Thus, if a plaintiff’s expert fails to set forth evidence of the applicable standard, the expert may be disqualified, and…