Articles Posted in Medical Malpractice

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Medical malpractice claims often involve allegations that a healthcare provider failed to recognize known risks, prescribed inappropriate treatment, or did not respond appropriately when complications developed. Before Maryland courts will consider whether a healthcare provider breached the applicable standard of care, however, injured patients generally must satisfy specific procedural requirements established by state law. A recent Maryland decision highlights both the importance of those procedural rules and the distinction between medical malpractice claims and other legal theories arising from medical treatment. If you suffered injuries because of negligent medical care, you should speak with a Baltimore medical malpractice attorney to protect your rights and ensure your claim is properly filed.

Facts and Procedural History

Allegedly, the plaintiff received medical treatment for a hand injury that included prescription medications intended to manage pain and inflammation. After beginning the prescribed treatment, the plaintiff experienced severe gastrointestinal symptoms, including stomach pain and signs of internal bleeding. According to the complaint, the plaintiff later discovered that the medications carried warnings advising against their combined use because of an increased risk of serious gastrointestinal complications.

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Patients who believe they have suffered injuries because of negligent dental or medical treatment often pursue multiple legal theories in an effort to obtain relief. However, even when serious allegations are made, courts must determine whether they have jurisdiction to hear the claims and whether the plaintiff has complied with Maryland’s procedural requirements for pursuing malpractice actions. A recent Maryland case illustrates the importance of understanding the distinction between federal and state claims before filing suit. If you believe you were harmed by negligent dental or medical care, you should speak with a Baltimore medical malpractice attorney to ensure your claims are brought in the proper forum and in compliance with Maryland law.

History of the Case

Allegedly, the plaintiff filed suit in federal court against a dental practice and several individual defendants arising from dental treatment that the plaintiff claimed resulted in injury. After the defendants challenged the original complaint, the plaintiff filed an amended complaint asserting claims for dental malpractice, additional state-law theories, an alleged violation of the Health Insurance Portability and Accountability Act (HIPAA), and allegations of unauthorized banking transactions.

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Medical malpractice cases frequently focus on whether a healthcare provider complied with the applicable standard of care. In some situations, however, disputes arise over what patients were told about the providers responsible for their treatment and whether those representations affected a patient’s legal rights. A recent Maryland decision addressed whether claims for fraudulent misrepresentation and conspiracy arising from a hospital’s alleged statements regarding a surgeon’s relationship with the hospital were barred by Maryland’s medical malpractice statute of limitations. If you suffered harm due to negligent medical care or misleading conduct by a healthcare institution, you should speak with a Baltimore medical malpractice attorney to discuss your legal options.

Facts and Procedural History

Allegedly, the plaintiff presented to a hospital emergency department in October 2015 with symptoms that led physicians to diagnose gallbladder disease. An on-call surgeon evaluated the plaintiff, confirmed the diagnosis, and recommended emergency surgery. The surgeon subsequently performed a procedure to remove the plaintiff’s gallbladder.

Reportedly, the plaintiff later underwent additional surgery at another hospital after complications developed following the initial procedure. During the course of treatment, the plaintiff learned facts that formed the basis of a medical malpractice claim against both the surgeon and the hospital. Continue Reading ›

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Medical malpractice cases involving delayed cancer diagnoses often present difficult questions regarding causation, timing, and the impact of missed opportunities for treatment. When healthcare providers fail to order appropriate testing or recognize warning signs of a serious condition, patients may lose valuable time during which a disease remains more treatable. A recent Maryland decision addressed whether a patient could proceed with claims arising from an alleged delay in diagnosing parotid gland cancer. If you believe a healthcare provider failed to diagnose a serious illness in a timely manner, you should speak with a Baltimore medical malpractice attorney about your potential claims.

Factual and Procedural Setting

Allegedly, the plaintiff sought medical care after experiencing swelling, tenderness, and pain in the area near the right ear. The plaintiff had a history of thyroid cancer and underwent diagnostic evaluation, including imaging studies. Although certain abnormalities were identified, the plaintiff contended that healthcare providers failed to pursue an adequate oncological workup to determine whether cancer was present.<

Reportedly, one defendant physician evaluated the plaintiff in 2019 and attributed the symptoms to other conditions rather than parotid gland cancer. According to the plaintiff, the physician did not order additional diagnostic testing, such as a PET scan, MRI, or ultrasound, nor did the physician discuss the potential need for such studies. The plaintiff maintained that the applicable standard of care required further investigation. Continue Reading ›

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Medical malpractice claims arising during extraordinary public health emergencies can present unique legal questions. Courts must often determine whether healthcare providers remain subject to traditional negligence principles when they are operating under emergency protocols designed to address widespread crises. A recent Maryland decision considered whether a hospital could invoke statutory immunity for care provided during the height of the COVID-19 pandemic, even though the patient ultimately did not have the virus. If you believe negligent medical treatment caused serious harm, it is important to speak with a Baltimore medical malpractice attorney about your potential claims.

Case Setting

Allegedly, the plaintiff was admitted to a hospital in April 2020 after experiencing acute respiratory failure, breathing difficulties, and other symptoms consistent with COVID-19. Because the admission occurred during Maryland’s declared catastrophic health emergency, the hospital implemented extensive isolation precautions and treated the plaintiff as a potential COVID-19 patient while diagnostic testing was performed.

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Medical malpractice cases often involve more than disputes over whether healthcare providers met the applicable standard of care. Parties frequently litigate procedural and evidentiary issues that can significantly affect the scope of a trial. A recent Maryland decision addressed whether healthcare providers could continue to maintain affirmative defenses after acknowledging that they would not pursue them before a jury. If you believe you were harmed by negligent medical treatment, it is wise to speak with a Baltimore medical malpractice attorney to understand your legal options.

Factual and Procedural History

Allegedly, the plaintiff filed a medical malpractice lawsuit against multiple healthcare providers arising from medical treatment related to a bacterial infection. The plaintiff asserted that negligent care by various providers caused substantial injuries and damages. The case proceeded through discovery and pretrial motion practice in the United States District Court for the District of Maryland.

Reportedly, the defendants filed answers to the complaint that included affirmative defenses of contributory negligence and assumption of the risk. Under Maryland law, such defenses can bar or limit recovery if supported by sufficient evidence. As the litigation progressed, however, communications between counsel revealed that the defendants no longer intended to pursue those defenses at trial. Continue Reading ›

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Medical malpractice litigation often involves multiple defendants whose interests may appear aligned during trial but diverge behind the scenes. When undisclosed agreements alter those relationships, they can undermine the fairness of the proceedings and the integrity of the jury’s evaluation. A recent Maryland decision highlights the risks posed by secret settlement arrangements between plaintiffs and co-defendants, particularly in complex medical negligence cases involving hospitals and physicians. If you were harmed by medical negligence, you should speak with a Baltimore medical malpractice attorney to understand what measures to take to protect your interests.

Facts and Procedural History

Allegedly, the plaintiff filed a medical negligence action against the defendant hospital and a co-defendant physician following a birth injury that occurred during obstetrical care. The plaintiff asserted that the hospital was directly negligent through its nursing staff and vicariously liable for the physician’s conduct. The case proceeded to a jury trial lasting nearly two weeks.

It is reported that shortly after the jury was selected but before opening statements, the plaintiff disclosed the existence of an agreement with the co-defendant physician but refused to reveal its terms. The defendant hospital argued that the agreement constituted a Mary Carter agreement, requiring disclosure to both the court and the jury. The trial court declined to compel immediate disclosure and allowed the trial to proceed. Continue Reading ›

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Medical malpractice cases often arise from split-second decisions in the operating room, where a physician’s failure to recognize and correct a preventable error can transform a routine procedure into a life-altering event. Even when a complication is known and manageable, the failure to act appropriately can expose patients to catastrophic harm and long-term consequences. A recent Maryland jury verdict illustrates how an uncorrected surgical mistake can escalate into severe complications, including sepsis and permanent impairment, ultimately supporting a substantial malpractice award. If you or a loved one suffered harm due to a surgical error, you should speak with a Baltimore medical malpractice attorney to assess your potential claims.

Facts and Procedural History

Allegedly, the plaintiff underwent surgery to repair a hiatal hernia after presenting to the hospital with abdominal and chest pain. During the procedure, the defendant surgeon performed a robotic operation intended to correct the hernia.

It is alleged that during the surgery, the surgeon created a perforation in the patient’s stomach but failed to identify and repair the injury before completing the procedure. The complication was one that medical professionals recognize as a known risk of the surgery but also one that can typically be corrected if detected in time.

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Medical malpractice claims arising from care provided in correctional settings often involve more than questions of negligence, as they may also implicate constitutional protections and systemic failures in medical delivery. When incarcerated individuals depend on consistent treatment for serious conditions, even short lapses in care can lead to devastating outcomes. A recent Maryland decision demonstrates how failures to provide essential medication and monitoring in a custodial setting may support both malpractice and constitutional claims, particularly where institutional practices contribute to inadequate care. If you or a loved one has suffered injury due to negligent medical care in a correctional facility, you should speak with a Baltimore medical malpractice attorney to explore your potential claims.

History of the Case

Allegedly, the plaintiff, acting on behalf of the decedent, filed suit against medical providers and county entities, asserting that the decedent suffered severe complications due to inadequate medical care while incarcerated. The decedent had a known heart condition requiring strict adherence to a daily anticoagulant regimen to prevent blood clot formation.

It is reported that upon entering custody, the decedent disclosed his condition and medication requirements to medical personnel. Despite this, there were delays in initiating treatment, inconsistent dosing, and failures to provide necessary monitoring. The decedent experienced interruptions in receiving medication, including multiple days without required doses during a transfer between detention facilities.

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Medical malpractice litigation often turns not only on clinical facts but also on procedural and evidentiary rules that determine whether a claim can proceed to trial. A recent Maryland decision highlights how expert witness qualifications and trial rulings can shape the outcome of complex negligence claims involving multiple healthcare providers. If you were harmed by negligent medical care, it is smart to speak to a Baltimore medical malpractice attorney to protect your rights.

Case Setting

Allegedly, the decedent underwent an upper endoscopy at an outpatient surgical facility and was discharged shortly after the procedure, despite multiple health conditions that could increase fall risk. After leaving the facility, the decedent fell outside while walking to a vehicle and later suffered complications that led to death.

It is alleged that the plaintiffs filed a medical negligence and wrongful death action against several healthcare providers and the facility, asserting that the defendants failed to properly assess fall risk, failed to monitor the patient adequately, and discharged the patient without appropriate assistance, such as a wheelchair. The plaintiffs supported their claims with expert certifications from physicians who opined that the defendants deviated from the applicable standards of care and that those deviations caused the decedent’s injuries and death. Continue Reading ›

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