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…
There are risks associated with most medical care, and doctors typically inform their patients of such risks before proceeding with treatment. Simply because a physician informs their patient of the potential complications that could arise during a procedure does not mean that they cannot be held liable for medical malpractice,…
People suffering from cancer and other critical illnesses typically expect their doctors to offer treatment that alleviates their disease or extends their life. Unfortunately, not all physicians provide their patients with competent care, and their negligence often diminishes their patients’ chances of achieving good outcomes. Recently, a Maryland court addressed…
In medical malpractice cases, parties not only have to establish their respective positions but also must abide by any applicable rules of procedure. If they fail to do so, they may waive the right to assert claims or defenses. This was illustrated in a recent opinion issued in a medical…
Federal courts have limited jurisdiction. In other words, they can only hear cases that set forth federal questions or set forth claims that meet the minimum amount of controversy and arise between diverse citizens. As such, medical malpractice claims typically do not fall within the purview of the federal courts.…
Most people that serve on juries in Maryland medical malpractice cases lack independent knowledge regarding the standard of care that applies to physicians or what is required under the standard. As such, a plaintiff alleging that they suffered harm because of a doctor’s negligence will typically need to retain an…
Expert testimony is a critical component of Maryland medical malpractice cases. As such, if a defendant successfully moves to preclude a plaintiff’s expert from testifying, it most likely will be devastating to the plaintiff’s case. This was demonstrated in a recent opinion delivered by a Maryland court, in which the…