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Articles Posted in Medical Malpractice

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Maryland Court Explains Procedural Requirements in Medical Malpractice Cases

Maryland imposes strict requirements on parties that wish to pursue medical malpractice claims. Specifically, among other things, the Maryland Code dictates that a person that wants to seek damages from a health care provider for harm related to their treatment must first fulfill certain procedural requirements. If they neglect to…

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Maryland Court Discusses Claims Under the Emergency Medical Treatment and Active Labor Act

Under the Emergency Medical Treatment and Active Labor Act, a federal statute, healthcare providers are essentially prohibited from refusing to provide critical care to patients in emergency situations simply because the patient does not have health insurance. While the EMTALA does not supplant state medical malpractice laws, it can provide…

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Court Explains the Rules for Pursuing Maryland Medical Malpractice Claims

Pursuant to Maryland law, people harmed by medical malpractice have the right to seek compensation via civil claims. Parties that file medical malpractice lawsuits must comply with procedural rules, however, otherwise their claims may be dismissed, regardless of whether they have merit. This was emphasized recently when a Maryland court…

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Maryland Court Discusses the Procedural Rules that Apply to Medical Malpractice Cases

Maryland law affords people the right to pursue medical malpractice claims without the assistance of an attorney. All parties pursuing such claims must comply with the applicable rules of procedure; however, otherwise, their claims may be dismissed, as illustrated recently in a Maryland case. As such, in most instances, it…

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Court Discusses the Evidence Needed to Establish Medical Negligence

In the majority of medical malpractice cases, the plaintiff will aver that the defendant acted negligently rather than intentionally. Thus, a plaintiff generally must establish, among other things, that the defendant owed them a duty in order to establish liability in a medical malpractice case; if they cannot, their claim…

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Maryland Court Discusses Establishing Liability for Treatment Delays

Cancer is a devastating illness, but in many instances, patients can go into remission with treatment. Metastatic cancer, however, is usually fatal, and while treatment can help slow the progression of the disease, it cannot offer a cure. As such, a doctor’s delays in providing treatment to a patient with…

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Maryland Court Discusses Duties Imposed by the Doctor-Patient Relationship

Under Maryland law, it is anticipated that doctors will provide their patients with competent care. Thus, if a doctor fails to properly perform their professional duties and a patient suffers harm as a result, the doctor may be found liable for medical malpractice. Doctors only owe duties to their patients,…

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Court Discusses Expert Testimony in Maryland Medical Malpractice Cases

While there are exceptions, expert testimony is generally needed to establish the standard of care and causation in Maryland medical malpractice cases. Thus, if a plaintiff pursuing medical malpractice claims fails to offer the opinion of an expert, their claim may be dismissed, as shown in a recent opinion issued…

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Court Explains Timeliness of Objections in Medical Malpractice Cases

In medical malpractice cases, parties not only have to establish their respective positions but also must abide by any applicable rules of procedure. If they fail to do so, they may waive the right to assert claims or defenses. This was illustrated in a recent opinion issued in a medical…

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Court Discusses Federal Jurisdiction Over Medical Malpractice Claims

Federal courts have limited jurisdiction. In other words, they can only hear cases that set forth federal questions or set forth claims that meet the minimum amount of controversy and arise between diverse citizens. As such, medical malpractice claims typically do not fall within the purview of the federal courts.…

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