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Court Discusses Procedural Rules for Pursuing Medical Malpractice Claims

Timely and coordinated healthcare is essential, particularly when vulnerable patients rely on managed care systems for home-based support. In a recent medical malpractice case, the plaintiff alleged that a healthcare provider’s failure to act on a care assessment contributed to a patient’s decline and eventual death. While the complaint raised concerns about medical negligence in care coordination, the case was ultimately dismissed due to a failure to meet the legal requirements for bringing such claims. If you believe that care mismanagement harmed your loved one, a Baltimore medical malpractice attorney can help you understand the procedural and substantive steps necessary to bring a viable claim.

Factual History and Procedural Background

It is reported that the plaintiff’s mother, who was dually enrolled in Medicare and Medicaid, was assessed by a contractor acting on behalf of the government. The contractor determined she met the “nursing facility level of care” and required the assistance of a personal care aide. The plaintiff contended that this Level of Care (LOC) Assessment was transmitted to the healthcare provider through a system designed to ensure that healthcare entities receive and act on such assessments in real-time.

Allegedly, the defendant claimed it never received the LOC Assessment and, as a result, failed to provide the home-based services prescribed. It is further alleged that this failure led to a month-long lapse in care from late August through mid-September 2023, contributing to the patient’s worsening condition and her death in October 2023. The plaintiff filed suit, asserting claims for negligence and breach of contract. The case was later removed to federal court on diversity grounds.

It is reported that the defendant moved to dismiss on multiple procedural grounds, including lack of subject matter jurisdiction and failure to state a claim. The plaintiff, proceeding without counsel, sought to amend the complaint and correct service deficiencies, but the court ultimately declined to allow the case to proceed.

Procedural Rules for Pursuing Medical Malpractice Claims

In assessing the defendant’s motion to dismiss, the court focused primarily on the plaintiff’s legal standing to bring claims based on injuries allegedly suffered by his deceased mother. Under the applicable law, a negligence claim stemming from a patient’s death must be brought by a duly appointed personal representative of the decedent’s estate. The court emphasized that this requirement is strictly enforced and cannot be satisfied merely by a familial relationship.

Allegedly, the plaintiff conceded that he had not been appointed as the personal representative by the probate court. Instead, he brought the claim in his individual capacity despite asserting injuries that were uniquely attributable to his mother. As a result, the court concluded that he lacked standing, which requires plaintiffs to assert their own legal rights and show a personal stake in the controversy.

The court also noted that there is a narrow exception to the general standing requirement when a third party has a close relationship with the injured individual, and there is a demonstrated hindrance to that individual asserting their own rights. However, this exception did not apply to the claims asserted in this case, which were survival and wrongful death claims clearly subject to statutory control. Accordingly, the court dismissed the case for lack of subject matter jurisdiction and denied the plaintiff’s motion to amend the complaint, finding that any amendment would be futile absent proper standing.

Connect with a Skilled Baltimore Medical Malpractice Attorney Who Understands the Law

Even when medical negligence appears clear, procedural missteps can prevent families from holding healthcare providers accountable. If you are interested in pursuing a medical malpractice claim against a healthcare provider, it is smart to talk to an attorney.  The skilled Baltimore medical malpractice attorneys at Arfaa Law Group can guide you through every step of this process and help ensure your case is built on a solid legal foundation. Call us at (410) 889-1850 or fill out our online contact form to schedule a consultation.

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