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…
Articles Posted in Medical Malpractice
Recent Verdict Highlights Significance of Damages Caps in Maryland Medical Malpractice Cases
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…
Maryland Court Explains Federal Jurisdiction in Medical Malpractice Cases
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…
Court Discusses Intervening Negligence in Maryland Medical Malpractice Cases
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…
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…