If a person who has been harmed by medical malpractice wishes to pursue a claim against the provider that caused his or her harm, the person must pursue the claim promptly. In other words, if a person delays, the applicable statute of limitations may bar the person from recovering damages.…
In any case in which an injured party wishes to pursue damages, it is essential for the party to comply with the procedural rules set forth under Maryland law. Medical malpractice cases differ from other civil lawsuits, however, in that they have their own separate set of rules with regard…
When people hear the phrase “medical malpractice,” they often think of harm caused by a surgeon or primary care physician, but medical malpractice also encompasses harm by practitioners in other fields, such as dentists. Recently, the Court of Special Appeals of Maryland analyzed what constitutes sufficient proof of dental negligence…
Under Maryland law, filing a certificate from a health care provider is a prerequisite to any plaintiff wishing to pursue a medical malpractice lawsuit against a board-certified health care provider. Not only must the plaintiff file a certificate, but also the certificate must be from a provider in the same…
In Maryland, the essential elements of a medical malpractice claim are a breach of the applicable standard of care and harm caused by the breach. Thus, even if a physician commits an egregious act, it may not be considered malpractice if the plaintiff cannot establish the elements required to impose…
There are specific requirements set forth by the Maryland Health Care Malpractice Claims Act (“the Act”) that must be complied with by anyone wishing to pursue a medical malpractice claim. In part, the Act sets forth deadlines for when a plaintiff must file a claim with the Health Care Alternative…
It is not uncommon for people to travel to another city or state to seek medical treatment. Under normal circumstances, traveling for medical care does not present any concerns, but when the care provided causes the patient harm, an issue can arise as to what state’s laws apply in determining…
Medical malpractice cases arising out of a doctor’s failure to diagnose a patient often involve complicated issues and conflicting positions regarding what harm the patient sustained due to the delay in receiving a proper diagnosis. Thus, in cases in which the patient alleges a doctor committed malpractice by failing to…
Generally, many states allow for the tolling of the statutes of limitations in medical malpractice cases under certain circumstances, such as when the patient’s harm is not discovered until a later date. Many states also have a statute of repose, which limits an injured patient’s right to recover under a…
In Maryland medical malpractice cases, the plaintiff must show that the defendant care provider deviated from the applicable standard of care. Generally, this requires the introduction of an expert opinion. It is not uncommon for both parties in a medical malpractice case to attempt to introduce evidence to impair the…