Doctors tending to expectant mothers have a duty to advise them of treatment risks and alternatives. If they do not, and a mother makes an uninformed decision during delivery, it can result in a tragic birth injury that causes permanent impairment. If a mother is adequately advised of the potential…
In medical malpractice lawsuits, medical documents and images detailing the plaintiff’s treatment are essential to proving liability. As such, if a defendant refuses to produce certain records, it can greatly impair a plaintiff’s ability to present a compelling case. In some instances, though, a defendant is permitted to withhold evidence,…
Paramedics and EMTs often provide people suffering from critical health issues with medical assistance. Emergency medical professionals have broad immunity under Maryland law and typically can only be held liable for harm suffered by people in their care in cases involving gross negligence. In a recent Maryland opinion, a court…
Typically, people suffering from critical medical issues will visit an emergency department of a hospital. Medical professionals working in emergency departments triage patients according to the severity of their complaints, and it is unfortunately not uncommon for a patient to have to wait for an extended period of time prior…
Defendants in medical malpractice cases usually will not admit liability. Instead, in many instances, they will seek to have the claims against them dismissed. To avoid dismissal, a plaintiff must set forth certain factual allegations in the initial pleading and then obtain the evidence needed to support those assertions via…
Medical malpractice claims are generally more complex than other matters, and those asserted against employees of the federal government are especially complicated. Thus, plaintiffs pursuing medical negligence cases against federally employed defendants must take special care to follow proper procedures; otherwise, their claims may be terminated. This was demonstrated in…
People harmed by negligent medical care have the right to seek compensation from the providers that caused their harm. There are certain requirements a person must comply with prior to pursuing medical malpractice claims, though, and the failure to do so can result in the waiver of the right to…
Many people with critical health issues require blood transfusions. Blood donors typically undergo thorough screenings, and their donations are tested before they are given to patients, but sometimes errors occur that result in patients becoming ill due to contaminated blood. People hurt by tainted transfusions may be able to recover…
In medical malpractice cases, as in all other matters, it is vital that the plaintiff receive a fair trial before an impartial judge. Thus, a plaintiff who believes a judge harbors an implicit bias can file a motion seeking recusal. It is equally important that a plaintiff follow the proper…
Breast cancer is one of the leading causes of death in women, and early detection is critical to an increased chance of survival. While Maryland does not recognize a loss of chance of a favorable outcome as a viable claim in wrongful death cases, a practitioner can be held liable…