Doctors, like all people, make mistakes from time to time. Unfortunately, when they make mistakes in the context of medical care, it can cause grave harm and may be grounds for pursuing medical malpractice claims. Doctors rarely admit liability when accused of medical negligence however, and, in some instances, will…
Articles Posted in Medical Malpractice
Court Discusses Breach of Contract Claims in Maryland Medical Malpractice Actions
In Maryland, it is not uncommon for a doctor to discuss expected outcomes with a patient prior to performing a procedure. If the doctor fails to perform the procedure properly, causing the patient harm, the patient may be able to pursue medical malpractice claims against the doctor. In most cases,…
Maryland Court Discusses Deliberate Indifference Versus Medical Malpractice
While most of the harm doctors cause their patients is unintentional, in some instances, the failings of a physician will be so egregious that they will be deemed deliberate. Generally, claims that a doctor was deliberately indifferent to a patient’s medical needs only arise in the context of treatment rendered…
Maryland Court Explains Evidence Needed to Sustain a Medical Malpractice Case
Maryland law allows people who suffer harm due to negligently rendered medical care to seek compensation in a medical malpractice lawsuit. Even if there is ample evidence of inadequate treatment, however, medical professionals will often seek to have the claims against them dismissed prior to trial. As recently explained by…
Court Explains Choice of Law in Medical Malpractice Cases
Generally, a party injured by incompetent medical care has the right to pursue medical malpractice claims in the jurisdiction of their choosing. They cannot, however, dictate what state’s laws apply. Instead, as demonstrated in a recent opinion, when more than one state has an interest in the resolution of the…
Court Clarifies Duties a Doctor Owes a Patient
Generally speaking, doctors owe their patients two duties: they must treat them in accordance with the standard of care and advise them of the consequences of any proposed treatment. If a doctor breaches either duty, they may be held accountable for any harm that ensues. As discussed in a recent…
Maryland Court Discusses Standing in Medical Malpractice Cases
In Maryland, if people die due to complications caused by the negligence of their healthcare providers, their loved ones may be able to seek compensation via wrongful death claims. Only certain parties have the right to pursue such claims, however. In a recent Maryland medical malpractice case, the court analyzed…
Court Discusses the Discovery Rule in Medical Malpractice Cases
People that suffer adverse consequences due to inadequate medical care will often seek compensation via medical malpractice claims. In order for their claims to proceed, they must file them within the applicable statute of limitations. There are circumstances that allow for the tolling of the statute of limitations, however. For…
Court Discusses Inquiry Notice in Maryland Medical Malpractice Cases
In Maryland, people injured by the negligence of healthcare providers have the right to pursue medical malpractice claims. They must do so within the time proscribed by the statute of limitations, however, otherwise, their claim may be dismissed. As discussed in a recent Maryland ruling, the statutory period generally begins…
Maryland Court Explains Expert Qualifications in Medical Malpractice Cases
Expert testimony is essential in Maryland medical malpractice cases as it helps the jury to understand complex medical issues and determine whether the defendant breached the standard of care, causing harm to the plaintiff. Thus, if a plaintiff is precluded from offering expert testimony, it may be devastating to their…