The law protects victims of medical negligence in that it allows them to pursue and recover damages for their losses. In accordance with the law, though, they must also comply with procedural requirements, including providing appropriate notice, and must set forth their claims with sufficient specificity in order to avoid dismissal, as discussed in a recent medical malpractice opinion. If you need assistance seeking compensation for harm caused by negligent doctors, it is wise to meet with a Baltimore medical malpractice lawyer promptly.
History of the Case
It is alleged that the plaintiff filed a handwritten medical malpractice complaint against the defendant pharmacy, alleging that he received the wrong medication from the defendant, resulting in adverse reactions. The plaintiff’s complaint lacked specific details regarding the cause of action but sought $3,000,000 in damages.
Reportedly, the defendant removed the case to federal court based on diversity jurisdiction and promptly moved to dismiss the complaint under Rule 12(b)(6), contending that the plaintiff’s claims effectively constituted medical malpractice, subject to the prevailing law. Further, the defendant argued that the plaintiff failed to comply with the mandatory 90-day notice requirement before filing suit.
Sufficiency of Medical Malpractice Claims
The court reviewed the defendant’s motion to dismiss, focusing on the plaintiff’s failure to adhere to the notice provision. Under the applicable law, any person intending to file a medical malpractice action against a healthcare provider must notify the defendant at least 90 days before filing suit.
Despite the lack of a clear definition of “medical malpractice” in the law in question, the court adopted the interpretation from prior cases, affirming that pharmacies and pharmacists fall within the statute’s scope. As the plaintiff did not provide the defendant with the required notice, his complaint failed to comply with statutory prerequisites.
While the law allows courts to waive the notice requirement in the interest of justice, the plaintiff did not demonstrate a good faith effort to justify such waiver. The court noted that the plaintiff’s pro se status did not absolve him of the obligation to comply with procedural rules. Moreover, enforcing the notice requirement would not unduly burden the plaintiff, given that the statute of limitations had not expired, allowing him to refile his complaint after fulfilling the notice prerequisites.
Consequently, the court granted the defendant’s motion to dismiss the plaintiff’s complaint, advising him to initiate a new lawsuit by providing the defendant with the required notice and ensuring the complaint’s legibility.
Consult a Skilled Maryland Medical Malpractice Attorney
People harmed by negligent medical care can often recover damages in medical malpractice cases, but they must comply with pleading standards and procedural rules; otherwise, their claims may be dismissed. If you suffered losses due to the carelessness of a healthcare provider, it is prudent to consult an attorney regarding your possible claims. The skilled Baltimore medical malpractice lawyers at Arfaa Law Group possess the knowledge and resources needed to present a winning case, and if you hire us, we will work tirelessly on your behalf. To arrange a conference, you can reach us through our online form or by calling (410) 889-1850.