Many people struggle to conceive children or carry a pregnancy to term. Luckily, advances in medicine and technology allow people to become parents in non-traditional ways, including through the use of a gestational carrier. There are risks associated with working with a gestational carrier, however, including the possibility that the…
Expert testimony is essential in Maryland medical malpractice cases as it helps the jury to understand complex medical issues and determine whether the defendant breached the standard of care, causing harm to the plaintiff. Thus, if a plaintiff is precluded from offering expert testimony, it may be devastating to their…
Dentists, like all healthcare providers, have an obligation under Maryland law to abide by the standard of care imposed on their profession. If they deviate from the standard of care and cause a patient to suffer harm, they can be found liable for any damages that arise out of their…
Many people in Maryland receive medical care in federally funded facilities. If the care they receive is inadequate, and they suffer harm as a result, they have the right to seek damages via medical malpractice claims. Such claims must be pleaded carefully, however, as pleading errors can result in the…
During the COVID-19 pandemic, Maryland and other jurisdictions issued orders and laws impacting healthcare provider liability. While many of the orders and laws are no longer in effect, their ramifications are still present, as they can operate to bar medical malpractice claims. This was demonstrated recently when a court dismissed…
There are arguably benefits to pursuing claims in federal court; the process is more streamlined, cases generally move quicker, and parties must exchange disclosures, so they understand the issues early on. Only certain cases can proceed in federal court, though, and generally, those cases do not include medical malpractice claims.…
Pharmacists are considered health care providers under Maryland law. As such, if they fail to abide by the standard of care they can be held liable for any harm caused by their negligence. Typically, to demonstrate that a pharmacist committed malpractice, a plaintiff must show that the pharmacist breached a…
Pursuant to Maryland law, parties that wish to pursue medical malpractice claims must submit a certificate of qualified expert in conjunction with their complaint. If they fail to meet this requirement, their complaint will most likely be dismissed. While the expert providing the certificate must meet certain requirements, they do…
Pursuant to state and federal law, parties are permitted to pursue civil lawsuits, including medical malpractice claims, without the assistance of an attorney. Medical malpractice cases are challenging, however, and parties that file them without legal counsel are likely to make mistakes that impact their right to recover damages. This…
Parties in medical malpractice cases typically rely heavily on expert testimony and other evidence to establish their positions; if a party is precluded from offering certain evidence, they may be unable to prove their assertions. As such, it is not uncommon for parties in medical malpractice cases to file motions…