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…
Pursuant to Maryland law, a plaintiff that wishes to pursue medical malpractice claims must comply with the requirements of the Maryland Health Care Malpractice Claims Act (the Act). Among other things, Act requires plaintiffs to file a statement of a qualified expert prior to proceeding with civil claims. While the…
College athletes generally accept the risk that they may suffer injuries in a game. If an injured student receives incompetent medical care, their injuries may become exacerbated. Simply because a student waives the right to seek damages from a university for harm suffered while playing a sport does not mean…
Under Maryland law, a plaintiff pursuing medical malpractice claims must comply with certain prerequisites. For example, they must file a statement of claim, certificate of qualified expert and report, and claim form with the Maryland Health Claims Alternative Dispute Resolution Office (HCADRO) within six months of the date of harm.…
The duties and standards of care imposed on medical professionals are not within the understanding of the average person. As such, in most Maryland medical malpractice cases, the plaintiff will need to hire an expert to explain such matters to the jury and to establish causation. There are requirements a…