Generally, plaintiffs in medical malpractice cases must pursue claims against all parties at the same time. While they have the right to amend their complaints to add additional defendants, they must do so within a certain timeframe. There are exceptions for good cause, though, that allow for later amendments. Recently,…
While there are risks associated with any procedure, some harm that arises following surgery is not caused by a known danger but is instead the result of errors made by the surgeon during the procedure. Such mistakes can lead to devastating injuries that, in some cases, are unfortunately fatal. People…
Parties in medical malpractice cases typically rely heavily on expert testimony and other evidence to establish their positions; if a party is precluded from offering certain evidence, they may be unable to prove their assertions. As such, it is not uncommon for parties in medical malpractice cases to file motions…
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…
In Maryland, claims alleging medical malpractice must be filed within the time constraints set forth by the pertinent statute of limitations. Otherwise, the injured party may waive the right to recover damages. In cases involving claims against a federally funded facility, in addition to filing a lawsuit within the allotted…
It is broadly understood that a party harmed by medical negligence must pursue claims against the health care provider that caused the alleged harm within the applicable statute of limitations. While normally the statute begins to run when the injury occurs, sometimes it will not accrue until the injury is…
In any lawsuit in which a patient alleges he or she suffered harm due to medical malpractice, the plaintiff must establish that the treating doctor breached the applicable standard of care. Simply because a patient suffers harm, however, does not mean that the doctor should be liable for negligence. This…
Medical malpractice cases often hinge on the persuasiveness and credibility of each party’s expert. Thus, it is not uncommon for either party to attempt to discredit an expert, either by showing that the expert lacks the appropriate credentials to set forth an opinion or that the expert deviated from the…
Under Maryland law, filing a certificate from a health care provider is a prerequisite to any plaintiff wishing to pursue a medical malpractice lawsuit against a board-certified health care provider. Not only must the plaintiff file a certificate, but also the certificate must be from a provider in the same…
It is not uncommon for people to travel to another city or state to seek medical treatment. Under normal circumstances, traveling for medical care does not present any concerns, but when the care provided causes the patient harm, an issue can arise as to what state’s laws apply in determining…