Doctors often make patients sign consent forms before they render treatment. Many people sign such forms without reading the terms, which in some cases results in the unwitting waiver of the right to pursue claims against the doctor. Merely because a party signs a blanket waiver does not automatically mean…
Baltimore Medical Malpractice Lawyer Blog
Maryland Court Discusses a Hospital’s Vicarious Liability Under the Doctrine of Apparent Agency
It is not uncommon for Maryland hospitals to hire doctors to work as independent contractors in their emergency rooms. If such physicians make mistakes that ultimately make mistakes that harm patients, the hospital typically will not be held vicariously liable for the doctor’s negligence. There are exceptions, though, such as…
Maryland Court Discusses Liability for Failure to Obtain Informed Consent
While many people undergo surgery without any complications, there are risks associated with most procedures, and problems that arise during what seems like a routine procedure can result in lifelong impairment. To ensure that their patients adequately understand the potential issues that they could face, doctors have an obligation to…
Maryland Court Discusses Grounds for Granting Summary Judgment in Dental Malpractice Cases
For various reasons, many medical malpractice cases never proceed to trial; some are settled while others are resolved via summary judgment. Either party can seek a summary judgment and the burden of proof is the same for both plaintiffs and defendants. Recently, a Maryland court discussed what a party must…
Maryland Court Discusses Superseding and Intervening Causes in Medical Malpractice Cases
Doctors accused of committing medical malpractice will often try to avoid liability by claiming factors other than their negligence caused their patients harm. For example, they may argue that an outside force intervened and brought about the injury in question, thereby superseding their fault. Recently, a Maryland court examined superseding…
Maryland Court Discusses Liability for a Delayed Diagnosis
Advances in medicine have greatly improved the treatment options for many people suffering from cancer. A prompt diagnosis is key to a good prognosis, however. Thus, missed or delayed diagnosis often negatively impacts a person’s health and long-term survival rates, and doctors that fail to diagnose their patients with cancer…
Maryland Court Discusses Medical Negligence and Deliberate Indifference
Patients generally anticipate that their treatment providers will provide them with thorough and adequate care. If a physician carelessly neglects to live up to such an expectation, it may cause their patient to suffer significant harm. Additionally, depending on the environment in which the doctor’s negligence occurs, it may be…
Federal Court Discusses Establishing Jurisdiction in Medical Malpractice Cases
People aggrieved by incompetent medical care have the right to seek damages from the providers responsible for their harm via medical malpractice claims. There are fees associated with pursuing such claims, though, and some people may be hesitant to file them out of fear that they cannot afford the costs.…
Plaintiff Awarded $5 Million in Damages in Maryland Medical Malpractice Case
Doctors undergo years of training and education to ensure that they possess the knowledge and skills needed to provide their patients with competent care. Despite this fact, doctors can commit errors in judgment that cause their patients to suffer lifelong harm. Fortunately, Maryland law permits patients injured by negligent medical…
Court Discusses Medical Malpractice Claims Under the Federal Tort Claims Act
While most people pursue medical malpractice claims with the assistance of attorneys, some are tempted to seek compensation on their own to save money. In many cases, though, the decision to proceed pro se has unfortunate consequences. This was illustrated in a recent opinion in which the court dismissed the…