It is an unfortunate fact that people confined to federal facilities are often the victims of incompetent medical care. In such instances, they have the right to seek compensation for their losses. As with any other civil claim asserted under Maryland law, they must abide by procedural rules, and if they neglect to do so, their claims may be dismissed. If you sustained harm at the hands of a neglectful health care provider, it is in your best interest to confer with a Maryland medical malpractice attorney to discuss your rights.
The Plaintiff’s Harm
It is reported that the plaintiff was confined to a federal facility. When he first arrived, he told a staff member that he required a special diet due to health issues. Regardless, he received a normal diet. Throughout the course of his confinement, he requested medical care for various issues, including a swollen and bloody eye following an assault, a facial fracture, and other issues, but was denied treatment each time.
It is alleged that the plaintiff filed a lawsuit seeking claims against the nurse that worked in the facility, the medical provider that offered care in the facility, and other entities, alleging he was denied medical care and seemed to allege that the plaintiff was the victim of medical malpractice. One set of defendants filed an answer followed by a motion for judgment on the pleadings, while another filed a motion to dismiss or, in the alternative, a motion for summary judgment. The plaintiff did not file a response to either motion. The court, upon reviewing the plaintiff’s complaint and the defendants’ motions and briefs, found in favor of the defendants and granted their motions.
Pursuing Medical Malpractice Claims Under Maryland Law
The court ultimately dismissed the plaintiff’s complaint in its entirety. Specifically, the court stated that to the extent that the complaint set forth claims of medical malpractice against the defendant, they were subject to dismissal. The court explained that pursuant to Maryland law, medical malpractice claims must be presented to the Maryland Health Claims Arbitration Board prior to a complaint being filed in court if the plaintiff is seeking over $30,000 in compensation. In the subject case, the court found that nothing in the plaintiff’s complaint supported the inference that the plaintiff had complied with this requirement. As such, the court dismissed his claims.
Meet with an Experienced Maryland Medical Malpractice Attorney
People that seek medical treatment in federal facilities have the right to receive adequate care, and if they do not, they may be able to recover damages via medical malpractice claims. If you were hurt by inadequate treatment from a health care provider, it is smart to meet with an attorney to discuss your potential claims. The experienced Maryland attorneys of Arfaa Law Group can assess the facts of your case and assist you in pursuing the maximum amount of damages recoverable under the law. You can contact us via our online form or by calling us at (410) 889-1850 to set up a meeting.