In medical malpractice cases, to establish liability and damages the plaintiff will typically have to retain one or more medical experts. As such, it is not uncommon for a defendant to try to defeat a plaintiff’s claims by arguing that their expert should not be permitted to testify. As discussed…
In Maryland medical malpractice cases, the strength of the plaintiff’s case often depends on the testimony of a qualified medical expert. If a plaintiff’s expert is unable to testify, it becomes challenging for the plaintiff to recover damages. Maryland law allows only specific individuals to provide expert testimony, and experts…
In cases where doctors harm their patients, most often, the harm is unintentional. However, in some situations, a physician’s actions may be so egregious that they are considered deliberate. Typically, claims of deliberate indifference to a patient’s medical needs arise in the context of medical treatment provided to incarcerated individuals.…
In Maryland medical malpractice cases, a plaintiff who establishes a defendant’s liability may be granted damages for their economic harm, including the cost of any past medical care and future care they will need and lost wages. To recover such damages, however, they must adequately demonstrate their actual financial losses.…
Pursuant to federal law, health care providers generally must provide people suffering from critical health concerns with emergency care, regardless of their ability to pay. As such, if a medical facility refuses to treat an indigent patient, they can be liable for civil damages. As discussed in a recent Maryland…
People who are confined in federal facilities often, unfortunately, suffer harm due to inadequate medical care. While such losses are arguably grounds for pursuing medical malpractice claims, they may give rise to other claims as well, and it is important to understand the distinctions and what evidence is needed to…
It is not uncommon for people harmed by medical malpractice to suffer additional harm at the hands of their healthcare providers. While those individuals harmed by medical negligence are permitted to pursue multiple causes of action against their healthcare providers in the same lawsuit, they must nonetheless comply with any…
Typically, people aggrieved by incompetent medical care will file medical malpractice claims against their providers in state or federal court. In rare instances, though, such claims are within the purview of other entities. For example, in a recent Maryland ruling, the court held that it did not have jurisdiction to…
A recent Maryland medical malpractice verdict underscores the complexities of medical malpractice litigation and the role of damages caps in shaping the outcome of such cases. The case arose out of a devastating birth injury caused by negligence. While the damages awarded in the case are substantial, they largely represent…
Under Maryland law, people harmed by the negligence of healthcare providers have the right to pursue redress for their losses via medical malpractice claims. Such claims can be pursued independently, but it is not uncommon for parties to assert several causes of action in a single lawsuit. While this is…