It is not uncommon for people treated in federal facilities to suffer harm due to incompetent medical care. While people injured by the medical negligence of federal employees have the right to pursue damages, they generally must comply with the rules set forth under the Federal Tort Claims Act (the…
Doctors that fail to provide their patients with competent care may be deemed liable for medical malpractice. While there are multiple elements a plaintiff seeking damages for medical malpractice must establish, the core element is a doctor-patient relationship. If a plaintiff cannot establish that such a relationship existed, it will…
Many medications cause known side effects. Typically, however, a doctor prescribing a drug will determine the benefits outweigh the dangers of taking them. Doctors cannot make this determination for their patients, though, and therefore they have an obligation to advise them of the risks of harm associated with the treatment…
In Medical malpractice cases, the records, notes, and charts produced by the defendant doctor are often key in establishing liability. Not all materials created by doctors are discoverable, however, as some are protected from disclosure by privilege. In a recent Maryland ruling issued in a hospital malpractice case, a court…
While people generally do not think of bankruptcy and medical malpractice claims as related, a recent ruling issued in a Maryland medical malpractice case suggests otherwise. Specifically, the court found the doctrine of judicial estoppel barred a plaintiff’s medical malpractice claims due to the position she took in an unrelated…
In Maryland, dental malpractice claims, like other allegations of medical malpractice, must typically be proven via expert testimony. Thus, if a court deems a plaintiff’s expert testimony inadmissible, it will likely result in a ruling in favor of the defendant. If an expert report is sufficient under the evidentiary standards,…
Medical malpractice actions are generally complex, and Maryland law imposes greater evidentiary and pleading standards on plaintiffs pursuing negligence claims against medical providers. A plaintiff that fails to abide by the obligations imposed by the Maryland Health Care Malpractice Claims Act (HCMCA) runs the risk of having his or her…
People suffering from mental illnesses often require medication to manage their symptoms and enable them to lead typical lives. Thus, if a doctor fails to prescribe a patient necessary psychiatric medication and the patient suffers harm as a result, it may constitute medical malpractice. In Maryland, medical malpractice claims generally…
While people typically think of malpractice cases arising in the context of treatment for conditions of the body, dentists can be liable for malpractice as well. Dental malpractice claims, like other claims against health care providers, must be filed within the statutory time frame; otherwise, the injured party may waive…
People harmed by the incompetence of their doctors have the right to pursue compensation via medical malpractice claims. As plaintiffs are the parties that institute cases, they generally get to determine where the case will be filed and what court will preside over the matter. Defendants have the right to…