People who suffer harm due to the incompetence of their healthcare providers will often seek compensation via medical malpractice claims. While many people pursuing such claims will present their evidence to a jury, others will ask a judge to rule on issues of liability and damages; this was demonstrated in…
Maryland imposes strict requirements on parties that wish to pursue medical malpractice claims. Specifically, among other things, the Maryland Code dictates that a person that wants to seek damages from a health care provider for harm related to their treatment must first fulfill certain procedural requirements. If they neglect to…
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…
Under the Emergency Medical Treatment and Active Labor Act, a federal statute, healthcare providers are essentially prohibited from refusing to provide critical care to patients in emergency situations simply because the patient does not have health insurance. While the EMTALA does not supplant state medical malpractice laws, it can provide…
Pursuant to Maryland law, people harmed by medical malpractice have the right to seek compensation via civil claims. Parties that file medical malpractice lawsuits must comply with procedural rules, however, otherwise their claims may be dismissed, regardless of whether they have merit. This was emphasized recently when a Maryland court…
Maryland law affords people the right to pursue medical malpractice claims without the assistance of an attorney. All parties pursuing such claims must comply with the applicable rules of procedure; however, otherwise, their claims may be dismissed, as illustrated recently in a Maryland case. As such, in most instances, it…
In the majority of medical malpractice cases, the plaintiff will aver that the defendant acted negligently rather than intentionally. Thus, a plaintiff generally must establish, among other things, that the defendant owed them a duty in order to establish liability in a medical malpractice case; if they cannot, their claim…
Cancer is a devastating illness, but in many instances, patients can go into remission with treatment. Metastatic cancer, however, is usually fatal, and while treatment can help slow the progression of the disease, it cannot offer a cure. As such, a doctor’s delays in providing treatment to a patient with…
Under Maryland law, it is anticipated that doctors will provide their patients with competent care. Thus, if a doctor fails to properly perform their professional duties and a patient suffers harm as a result, the doctor may be found liable for medical malpractice. Doctors only owe duties to their patients,…
While there are exceptions, expert testimony is generally needed to establish the standard of care and causation in Maryland medical malpractice cases. Thus, if a plaintiff pursuing medical malpractice claims fails to offer the opinion of an expert, their claim may be dismissed, as shown in a recent opinion issued…