Unfortunately, it is not uncommon for the negligence of healthcare providers to harm patients. People who suffer such injuries may be able to pursue medical malpractice claims against the parties responsible for their damages and in some instances, may be able to pursue other claims as well. Regardless of the nature of their claims, they must comply with any jurisdictional and procedural requirements to avoid unintentionally waiving their rights, as discussed in a recent Maryland ruling. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.
Case Setting
It is reported that the plaintiff, acting without legal representation, filed an initial complaint against the defendant, claiming medical malpractice and negligence. She alleged that the defendant failed to provide appropriate medical care when she sought treatment for a severe asthma attack at the defendant’s emergency facility. She further claimed that this failure, motivated by racial discrimination, led to lasting health issues, including traumatic vertigo and symptoms of acute coronary artery disease. The plaintiff based her case on federal question jurisdiction but did not initially cite a specific statute.
Reportedly, the court noted that the Emergency Medical Treatment and Labor Act (EMTALA) might be relevant and directed the plaintiff to clarify the basis for federal jurisdiction. In response, the plaintiff amended her complaint to include an EMTALA violation along with her state-law claims of medical malpractice and neglect. The defendant then moved to dismiss the amended complaint, arguing primarily that the plaintiff’s claims were improperly presented as an EMTALA issue when they were actually state-law malpractice claims, which required arbitration before court action. The plaintiff did not respond to the motion to dismiss.
Prerequisites to Filing Medical Malpractice Claims
The court reviewed the defendant’s motion to dismiss under the standard that tests the sufficiency of the complaint. In evaluating the case, the court accepted all well-pleaded allegations as true and construed the plaintiff’s pro se complaint liberally. The court determined that the plaintiff had indeed presented a valid EMTALA claim, distinct from her medical malpractice claims. The EMTALA claim was allowed to proceed as the defendant had not challenged it on any other grounds.
However, the court found that the plaintiff’s claims of medical malpractice and neglect were subject to the Maryland Health Care Malpractice Claims Act (HCMCA), which mandates arbitration before court action. Since the plaintiff had not sought arbitration before filing her lawsuit, as required by the HCMCA, the court concluded that the malpractice claims were procedurally barred.
Consequently, the court dismissed the plaintiff’s claims of medical malpractice and neglect but allowed the EMTALA claim to move forward. The defendant’s request for a hearing was denied.
Connect with an Experienced Maryland Attorney
Medical professionals are expected to perform their duties with care, but when they act irresponsibly, patients can endure serious injuries, potentially leading to a malpractice claim. If you’ve been harmed by a healthcare provider’s negligence, speaking with an attorney could help you understand your rights. The experienced Baltimore medical malpractice lawyers at Arfaa Law Group are ready to analyze your case and advise you on the best course of action. To arrange a meeting, reach out via our online contact form or call us at (410) 889-1850.