Maryland has specific laws regarding the procedures a person must comply with in the pursuit of damages for medical malpractice. If an injured party fails to comply with the requirements, it may result in a dismissal of the claim. However, a failure to abide by the proper procedure does not…
Baltimore Medical Malpractice Lawyer Blog
Maryland Court Highlights the Differences Between Medical Negligence and Informed Consent Claims
In Maryland, there are numerous acts that may give rise to a medical malpractice lawsuit. For example, a patient may pursue claims against a practitioner for failing to properly diagnose the patient in a timely manner or operating on the wrong part of the patient’s body, which may constitute medical…
Court Discusses Exhaustion of Remedies Under the Federal Tort Claims Act in a Maryland Medical Malpractice Case
Many medical facilities throughout Maryland receive funding from the federal government. Simply because an entity is federally funded does not mean it is immune from medical malpractice claims. However, a plaintiff seeking damages for malpractice that occurred at a health care facility that is considered a government establishment must comply…
Maryland Court Discusses Who May Sign a Certificate of a Qualified Expert and Report in Medical Malpractice Cases
In an attempt to reduce frivolous claims, the Maryland legislature enacted the Maryland Health Care Malpractice Claim Act (the Act), which requires, in part, that a person who wishes to pursue medical malpractice claims must file a statement of claim and a Certificate of a Qualified Expert and Report (CQE)…
Maryland Court Discusses What Law Applies in Survival Actions and Wrongful Death Claims Filed by Out of State Parties
When a person dies because of medical malpractice, the person’s family has the right to seek damages via a civil lawsuit. Specifically, the family members may seek compensation via a wrongful death and survival action. While generally the location of the harm is in the same jurisdiction as the deceased…
Court Discusses Procedural Requirements for Pursuing Medical Malpractice Claims under the Federal Tort Claims Act
Seeking damages for harm caused by negligent medical care is typically a complicated process that few people possess the skills to navigate without the assistance of an attorney. For example, pro se parties that pursue medical malpractice claims without the benefit of legal counsel are often unaware of the procedural…
Court Discusses Medical Malpractice Claims Under the Maryland Tort Claims Act
While some medical malpractice claims involve straightforward facts, in other instances, the circumstances surrounding a party’s harm are complicated, and it is not immediately clear who is responsible or what steps are necessary to pursue damages. Any time a person is harmed by negligent healthcare, however, it is prudent for…
Understanding the Impact of COVID-19 on a Health Care Provider’s Medical Malpractice Liability
The COVID-19 pandemic has infiltrated every aspect of life throughout Maryland, including the process of seeking and obtaining medical treatment. As many states have issued orders limiting or eliminating liability for medical professionals, people throughout Maryland may be uncertain regarding their rights to pursue medical malpractice claims against a healthcare…
Maryland Court Discusses Evidence Sufficient to Establish a Breach of the Standard of Care in Medical Malpractice Cases
In any lawsuit in which a patient alleges he or she suffered harm due to medical malpractice, the plaintiff must establish that the treating doctor breached the applicable standard of care. Simply because a patient suffers harm, however, does not mean that the doctor should be liable for negligence. This…
Maryland Court Discusses Liability Imposed on Paramedics for Negligent Medical Care
Not all healthcare professionals are doctors. For example, paramedics provide medical care to patients throughout Maryland on a regular basis. While paramedics can be held liable for harm caused by negligent medical care, similar to doctors, the standard of care imposed on paramedics differs from the standard imposed on doctors,…