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…
Generally, many states allow for the tolling of the statutes of limitations in medical malpractice cases under certain circumstances, such as when the patient’s harm is not discovered until a later date. Many states also have a statute of repose, which limits an injured patient’s right to recover under a…
In the majority of medical malpractice cases pursued in Maryland, both the plaintiff and the defendant will need to retain one or more experts to opine as to whether the expert deviated from the standard of care. If either party’s expert is not qualified, however, the party may be precluded…
People diagnosed with cancer turn to doctors to alleviate their fears, but not all doctors who treat cancer provide care commensurate with their training, and their patients often suffer significant harm as a result. If a patient harmed by medical malpractice pursues claims against a negligent doctor, the doctor may…
Unfortunately, medical over-treatment is a reality across the United States. While over-treatment may seem harmless, the reality is that it can cause injury or lead to making your illness worse. Many physicians believe that over-treatment can be caused by a medical professional’s own financial motives, the fear of malpractice lawsuits,…
Medical records are a way to document a patient’s medical history as well as the history of care that person has received by a specific medical professional. These records are vital to ensuring a patient receives adequate care. If you’ve suffered harm due to an error in your medical record…