Medical malpractice cases often hinge on expert testimony to establish whether a healthcare provider’s actions deviated from the standard of care and whether those actions directly caused harm. If a party fails to comply with procedural rules, however, they may be precluded from introducing expert testimony, as discussed in a recent Maryland case. If you or a loved one suffered due to medical negligence, it is essential to consult an experienced Baltimore medical malpractice attorney to ensure compliance with procedural rules and maximize the chances of a successful outcome.
Case Setting
It is alleged that the plaintiffs, a married couple, filed a medical malpractice lawsuit against multiple healthcare providers, alleging that negligent treatment led to delayed diagnosis and worsened health outcomes. The patient sought medical attention for persistent facial pain and swelling between 2018 and 2021 but was not referred for timely oncological testing. By 2022, the patient was diagnosed with metastatic parotid gland cancer, which required aggressive treatment. The failure to diagnose the condition earlier resulted in severe and permanent injuries.
During the litigation, plaintiffs faced challenges related to expert witness disclosures. The court had set deadlines for the submission of expert reports under Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure, but it is reported that plaintiffs failed to provide timely disclosures for three expert witnesses. Defendants moved to exclude the testimony of these experts and requested sanctions under Rule 37(c)(1), which allows courts to exclude improperly disclosed evidence unless the failure to disclose was substantially justified or harmless.
Grounds for Precluding Expert Testimony
The court examined whether plaintiffs’ failure to meet expert disclosure deadlines warranted the exclusion of expert testimony. Under federal discovery rules, failure to comply with scheduling orders can result in significant sanctions, including barring expert witnesses from testifying. However, courts also consider whether alternative sanctions may be more appropriate to ensure that cases are resolved on their merits rather than on procedural technicalities.
The court determined that while plaintiffs had failed to meet the expert disclosure deadlines, outright exclusion of expert testimony would be too severe a sanction at that stage. Instead, the court allowed plaintiffs a final opportunity to provide the required disclosures, warning that continued noncompliance would result in the exclusion of expert testimony. In doing so, the court emphasized that Maryland law requires expert testimony in most medical malpractice claims to establish causation and standard-of-care violations.
Further, the court evaluated whether the lower court’s scheduling order had been reasonable and whether the plaintiffs had demonstrated good cause for their delay. The court found that plaintiffs had not provided a compelling justification for the missed deadlines but also acknowledged that the exclusion of key expert witnesses could effectively dismiss their case. The court cited prior decisions cautioning against excessive reliance on procedural dismissals when less severe sanctions could address discovery.
Ultimately, the court affirmed the trial court’s decision to permit plaintiffs one last opportunity to comply with expert disclosure requirements while allowing defendants to seek lesser sanctions, such as cost reimbursement for delays. The case was remanded for further proceedings, with the court stressing that future violations would not be tolerated.
Consult a Dedicated Baltimore Medical Malpractice Attorney
Successfully litigating a medical malpractice case requires meticulous compliance with procedural rules, particularly regarding expert testimony and discovery deadlines. If you or a loved one were injured by medical negligence, it is smart to consult an attorney regarding what you can do to protect your rights. At Arfaa Law Group, our dedicated Baltimore medical malpractice attorneys are committed to advocating for victims of medical errors. Contact our office at (410) 889-1850 or complete our online form to schedule a consultation and discuss your legal options.