Articles Posted in Maryland Medical Malpractice Law

Advances in reproductive technology not only allow people who have trouble conceiving to become parents but also allow people to take the steps necessary to avoid passing on genetic disorders. If a reproductive endocrinologist errs when providing medical services, they can be held accountable for any harm they cause, but proving liability can be challenging, as demonstrated in a recent Maryland case. If you were hurt by the carelessness of a physician, it is wise to speak to an experienced Baltimore medical malpractice attorney regarding your rights.

Factual Background and Procedural History

It is reported that the plaintiffs, a married couple, sought in vitro fertilization (IVF) treatment to conceive a child without the genetic disorder Duchenne Muscular Dystrophy (DMD), a condition that affected their other children. They underwent IVF at the defendant fertility clinic, where genetic testing was performed to identify embryos free of DMD. Allegedly, the plaintiffs were assured that only healthy embryos would be preserved and transferred while the embryos carrying the genetic disorder would be discarded.

It is alleged that in 2020, the plaintiffs returned to the clinic to proceed with the transfer of their last remaining healthy embryo. However, unbeknownst to them, the clinic had not discarded the embryos carrying DMD, and embryologists mistakenly selected and transferred an embryo affected by the disorder. The plaintiffs later learned of the error when a physician at a government-affiliated hospital informed them of the mistake. Continue Reading ›

In Maryland, incarcerated individuals who receive substandard medical care may have legal recourse against healthcare providers under state medical malpractice laws. However, such cases often involve complex procedural hurdles, including compliance with the state’s medical malpractice filing requirements and statutory limitations. A recent decision from a Maryland court highlights these challenges while also demonstrating that the courts will aim to protect a plaintiff’s right to pursue medical negligence claims. If you sustained injuries due to inadequate medical care, it is advisable to meet with a Baltimore medical malpractice attorney as soon as possible.

Facts and Procedure of the Case

It is reported that the plaintiff filed a lawsuit against two healthcare providers contracted to deliver medical services at the federal facility where he was housed. The plaintiff alleged that both entities failed to diagnose and treat his multiple sclerosis (MS) in a timely manner, causing him prolonged suffering and exacerbation of his condition. He contended that his repeated complaints about symptoms were ignored and that necessary diagnostic testing was not performed.

It is alleged that the plaintiff initially filed an amended complaint asserting claims under the Eighth Amendment and Maryland’s Declaration of Rights, as well as a claim under precedent that allows lawsuits against government entities for unconstitutional policies. However, the court dismissed the constitutional claims, leaving only the claim against the healthcare providers. The plaintiff later sought to file a second amended complaint to add medical malpractice claims under Maryland law, contending that the providers negligently failed to diagnose and treat his MS. Continue Reading ›

Medical malpractice claims against government entities, such as the Federal Bureau of Prisons (BOP), are often difficult to establish due to strict legal requirements under the Federal Tort Claims Act (FTCA). This was highlighted by a recent decision out of Maryland in which the court ultimately upheld a finding that the plaintiff did not meet the burden of proof for his claims. If you or a loved one has suffered harm due to medical negligence in a correctional facility, you should talk to an experienced Baltimore medical malpractice attorney to clarify your legal rights.

Case Setting

It is reported that the plaintiff, an inmate in federal custody since 2009, filed suit against the United States and the Federal Bureau of Prisons, alleging medical malpractice under the FTCA. The plaintiff had been diagnosed with open-angle glaucoma before entering custody, and his vision was already substantially impaired at the time of his incarceration. Over the years, he underwent multiple transfers between facilities and received various treatments, including eye surgeries and prescription eye drops.

It is alleged that the plaintiff sought consistent medical assistance to administer his prescription eye drops, which he claimed were necessary to prevent further vision deterioration. He also requested additional accommodations, including braille instruction, darker tinted glasses, and a specialized lock for visually impaired individuals. The plaintiff contended that the failure to provide him with these accommodations, as well as the delay in scheduling a recommended laser surgery, directly contributed to his worsening eyesight. Continue Reading ›

In Maryland, people seeking treatment from a healthcare provider have the right to expect competent care, even if incarcerated. If they subsequently receive substandard care, and suffer harm as a result, they may be able to pursue claims against the parties responsible for their harm, but establishing liability can be challenging, as demonstrated in a recent Maryland case. If you or a loved one has been harmed due to inadequate medical treatment, it is in your best interest to consult a knowledgeable Baltimore medical malpractice attorney who can help you understand your rights and options.

Factual Background and Procedural History

It is reported that the plaintiff, an inmate at a Maryland correctional facility, filed a lawsuit alleging both medical malpractice and deliberate indifference to his serious medical needs. The plaintiff contended that facility medical providers failed to diagnose and properly treat his pulmonary sarcoidosis for over a year. According to the allegations, he first presented with a persistent dry cough, chest pain, and breathing difficulties in May 2016. He was initially prescribed an expectorant and later an albuterol inhaler, but his symptoms did not improve.

It is alleged that medical personnel ordered diagnostic tests, including chest x-rays and a pulmonary evaluation at the University of Maryland Medical System (UMMS). A CT scan performed in March 2017 reportedly suggested pulmonary sarcoidosis, yet subsequent biopsies were inconclusive. The plaintiff was not definitively diagnosed until an endobronchial ultrasound in July 2017 confirmed granulomatous lymphadenitis, a condition associated with sarcoidosis. He was then prescribed prednisone in August 2017, which allegedly improved his symptoms. Continue Reading ›

Victims hurt by negligent medical treatment will often pursue claims against their providers. While they may be able to seek damages via other claims as well, they must offer facts sufficient to support such causes of action; otherwise, they will be dismissed. This was illustrated in a recent ruling in which the court found that the plaintiff’s medical malpractice claims were adequate to proceed, but his claims asserting violations of consumer protection laws were vague and general and, therefore, must be dismissed. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.

History of the Case

It is alleged that the plaintiff, acting as power of attorney for the patient, filed a lawsuit against a hospital and three of its doctors, alleging negligence in the emergency medical care provided to the individual in June 2022. The patient, after experiencing severe chest pains, was transferred to the hospital, where he was diagnosed with an ascending aortic dissection and underwent emergency surgery. Post-surgery, the patient exhibited symptoms of confusion and disorientation, which the doctors noted but delayed in ordering an MRI to assess the potential neurological damage.

Reportedly, the MRI, conducted a week later, revealed that the patient had suffered a stroke, leading to significant long-term impairments. The plaintiff initially filed a complaint with two counts: medical malpractice and negligent infliction of emotional distress. The negligent infliction of emotional distress claim was later withdrawn and replaced with a consumer protection claim. The defendants moved to dismiss the consumer protection claim, leading to the court’s review. Continue Reading ›

Medical malpractice can cause grave injuries that not only cause physical and emotional pain but also significant financial losses. Victims of medical malpractice can often recover damages for their harm via civil lawsuits, but the amount recoverable depends, in part, on the type of compensation granted and statutory damages caps. For example, in a recent Maryland case, a woman was awarded $1.5 million for harm sustained in an improperly performed gallbladder surgery, but her damages will be reduced in accordance with Maryland law. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.

The Facts of the Case

It is reported that a medical malpractice suit adjudicated by a jury in St. Mary’s County resulted in a $1.5 million verdict against a hospital and its surgeon. The plaintiff, a woman who underwent gallbladder removal surgery, alleged that the surgeon had negligently left part of her gallbladder behind during the procedure. Following the initial surgery, the plaintiff experienced severe abdominal pain and multiple emergency visits. A CT scan performed in July 2021 revealed the presence of a remnant gallbladder.

Allegedly, subsequent medical evaluations and an additional surgery in April 2022 confirmed the remnant, which contributed to ongoing pain and required further surgical intervention. The hospital contended that the surgical difficulty was due to the patient’s unusual anatomy, though this was not documented in the surgical report. The plaintiff’s case included claims of negligence, asserting that the surgeon failed to recognize and address the incomplete removal and did not inform her of the partial procedure. Continue Reading ›

Unfortunately, it is not uncommon for the negligence of healthcare providers to harm patients. People who suffer such injuries may be able to pursue medical malpractice claims against the parties responsible for their damages and in some instances, may be able to pursue other claims as well. Regardless of the nature of their claims, they must comply with any jurisdictional and procedural requirements to avoid unintentionally waiving their rights, as discussed in a recent Maryland ruling. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.

 Case Setting

It is reported that the plaintiff, acting without legal representation, filed an initial complaint against the defendant, claiming medical malpractice and negligence. She alleged that the defendant failed to provide appropriate medical care when she sought treatment for a severe asthma attack at the defendant’s emergency facility. She further claimed that this failure, motivated by racial discrimination, led to lasting health issues, including traumatic vertigo and symptoms of acute coronary artery disease. The plaintiff based her case on federal question jurisdiction but did not initially cite a specific statute.

Reportedly, the court noted that the Emergency Medical Treatment and Labor Act (EMTALA) might be relevant and directed the plaintiff to clarify the basis for federal jurisdiction. In response, the plaintiff amended her complaint to include an EMTALA violation along with her state-law claims of medical malpractice and neglect. The defendant then moved to dismiss the amended complaint, arguing primarily that the plaintiff’s claims were improperly presented as an EMTALA issue when they were actually state-law malpractice claims, which required arbitration before court action. The plaintiff did not respond to the motion to dismiss. Continue Reading ›

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