Articles Posted in Maryland Medical Malpractice Law

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In many medical malpractice cases, medical records from entities that are not parties to the case will be relevant to establishing or refuting liability. If a party is unable to obtain such records, therefore, it may detrimentally affect the outcome of his or her case. As such, it is critical for all parties to comply with the rules of procedure when subpoenaing outside parties. This was demonstrated in a recent Maryland medical malpractice case in which the court held that a patient information system did not have to comply with a subpoena issued by the defendant because the defendant did not comply with the Maryland Rules in issuing the subpoena. If you were injured because of negligent medical care, it is advisable to consult a trusted Maryland medical malpractice attorney regarding what evidence you may need to produce to recover damages.

Procedural Background

It is reported that the plaintiff filed a medical malpractice lawsuit against the defendant treatment providers, arising out of the defendants’ treatment of the plaintiff with opioid pain medication. The defendants then served the patient information system (PIS) with a subpoena, seeking the plaintiff’s medical records. The PIS objected to the subpoena, arguing that compliance would violate state and federal law and would require it to breach contractual agreements with healthcare providers.

Allegedly, three months after the PIS filed the objection, the defendants responded, stating that the PIS should be ordered to comply with the subpoena, but did not serve the response on the PIS. The trial court issued an order requiring compliance, and the PIS appealed, arguing that the defendant’s response was procedurally improper and untimely. The appellate court agreed and reversed the trial court ruling. Continue Reading ›

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People housed in federal facilities unfortunately often suffer a variety of injuries, including losses caused by incompetent medical care. Thus, if they proceed to pursue claims against the parties responsible for their harm, their lawsuit may include not only claims but also other causes of action. If a plaintiff’s complaint sets forth causes of action arising out of both state and federal law, they will most likely file it in federal courts. While the federal courts can resolve medical malpractice claims arising out of state law if they accompany federal question claims, if the court subsequently dismisses the plaintiff’s federal claims, it will most likely decline to hear their state claims as well. This was illustrated in an opinion recently set forth by a Maryland court, in which the court dismissed the plaintiff’s medical malpractice claims for procedural reasons rather than their lack of merit. If you were injured by incompetently rendered health care in a facility operated by the federal government, you have the right to seek compensation, and it is advisable to confer with a skilled Maryland medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm

It is alleged that the plaintiff was living in a federal facility located in Maryland. While there, the defendant, a staff member of the facility, forged the plaintiff’s signature on a blood draw waiver, which resulted in the cancellation of his blood draw. He asserted he suffered mental distress as a result and subsequently filed numerous state and federal claims, including medical negligence, against the defendant and other staff members in the federal district court. The defendants moved to dismiss his claims. The court granted the motion as to the federal claims then addressed his medical negligence claims.

Federal Court’s Supplemental Jurisdiction Over Medical Malpractice Claims

The court held that to the extent that the plaintiff’s complaint set forth claims that the defendant engaged in medical negligence, it would not exercise supplemental jurisdiction over them. The court explained that pursuant to the Federal Rules of Civil Procedure, a federal district court has the authority to decline to exercise supplemental jurisdiction over claims if the court has already dismissed all of the claims over which it had original jurisdiction. Continue Reading ›

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Many medical facilities throughout Maryland are operated or funded by the federal government. As such, if a patient suffers harm due to incompetent care received in a federal facility, they may be able to assert claims for damages caused by the negligent health care provider pursuant to the Federal Tort Claims Act. While claims against federal facilities and their employees generally must be brought in federal court, medical malpractice claims arising out of state law must be pursued in state court, as discussed in a recent Maryland ruling. If you were injured by the incompetence of a doctor, it is advisable to speak to a knowledgeable Maryland medical malpractice lawyer to evaluate your options.

The Plaintiff’s Harm

It is alleged that the plaintiff was treated at the defendant facility with the defendant doctor for mental health issues. The defendant doctor prescribed the plaintiff medication, which he alleged caused him to suffer migraines, issues concentrating, and bloody urine. Additionally, he asserted that the defendant doctor prescribed him other medication that caused weight gain and blurred vision.

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In Maryland, healthcare providers that provide incompetent treatment can be held accountable for any damages that subsequently arise from their incompetence via medical malpractice claims asserted in state court. Patients pursuing medical malpractice claims against their doctors must comply with the procedural requirements established by Maryland law, however. If they do not, their claims may be dismissed, regardless of whether they are valid. This was demonstrated recently in a Maryland ruling in which the court affirmed the dismissal of the plaintiff’s case due to her failure to comply with the Maryland Health Care Malpractice Claims Act (HCMCA). If you sustained losses due to the carelessness of your doctor, it is smart to confer with an experienced Maryland medical malpractice lawyer as soon as possible.

The Plaintiff’s Allegations

Allegedly, the plaintiff’s daughter died in December 2017. The medical examiner determined that she died due to Diltiazem intoxication and ruled the death a suicide. Following the decedent’s death, however, the plaintiff found a prescription provided to the decedent by the defendant doctor for a daily dosage of 480 mg of Diltiazem. Thus, the plaintiff filed a medical malpractice lawsuit against the defendant, alleging the decedent’s Diltiazem intoxication was provoked by the defendant’s prescription. The defendant moved to dismiss the plaintiff’s complaint on the grounds that she failed to comply with the requirements of the HCMCA prior to pursuing her claims. The trial court granted the defendant’s motion, and the plaintiff filed an appeal.

The Maryland Health Care Malpractice Claims Act

On appeal, the appellate court affirmed the trial court ruling. The appellate court explained that the HCMCA demands that all claims against a health care provider in which the plaintiff seeks damages for a medical injury must be filed with the Health Care Alternative Dispute Resolution Office (HCADRO). Among other things, the HCADRO administers a non-binding arbitration procedure. Pursuant to Maryland law, if a plaintiff files a medical malpractice lawsuit without first filing a claim with the HCMCA, the court must dismiss the case. In the subject action, the plaintiff alleged that the defendants, all of whom were health care providers, negligently treated her daughter, thereby causing her death. Continue Reading ›

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While it rarely occurs, it is possible for a medical provider that causes a patient harm to commit other grievances as well. As such, a person harmed by medical malpractice may assert numerous causes of action in one lawsuit against the provider that caused their harm, and in many instances, such matters are pursued in the federal courts. Whether the federal courts will exercise jurisdiction over state medical malpractice claims depends on multiple factors, as discussed in a recent Maryland ruling in which the court ultimately dismissed the plaintiff’s case in its entirety. If you were harmed by a negligent healthcare provider, you have the right to seek damages for your losses, and you should speak to a skilled Maryland medical malpractice lawyer as soon as possible.

Procedural History of the Case

It is reported that the plaintiff was housed in a federal facility when he sustained an injury to his left hand. He sought treatment for his injury from a nurse in the facility. He was diagnosed with a “boxer’s fracture” and treated with an arm sling, a wrap, and a splint. At some point, he refractured his finger. He alleges that after his second fracture, he did not receive pain medication or a wrap to stabilize his finger for three weeks.

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Notwithstanding claims asserted under the Federal Tort Claims Act, medical malpractice claims are typically pursued in state court. In some instances, however, a plaintiff will set forth claims that sound in medical malpractice in a lawsuit that is filed in federal court and largely asserts federal claims. While the federal courts generally are permitted to exercise jurisdiction over state medical malpractice claims, they typically decline to do so. This was illustrated in a recent case in which the court dismissed the plaintiff’s lawsuit, which included both federal claims and state medical malpractice claims in its entirety. If you suffered harm due to inadequate medical care, you might be able to pursue claims for damages from your provider, and you should consult a Maryland medical malpractice attorney to assess your options for seeking compensation.

The Facts of the Case

It is reported that while the plaintiff was staying in a long-term facility operated by the defendant, he sustained a bladder and urinary tract infection. He subsequently suffered complications due to the infection and had to be hospitalized due to blood clots in his bladder. He ultimately filed a lawsuit against the defendant, asserting multiple federal claims, as well as state medical malpractice claims. The defendant moved to dismiss the complaint in its entirety, arguing that the plaintiff failed to set forth facts, that if proven, would allow him to recover under any theory of liability. The court granted the defendant’s motion.

A Federal Court’s Jurisdiction Over Medical Malpractice Claims

In dismissing the plaintiff’s complaint, the court expressly declined to exercise supplemental jurisdiction over his medical negligence allegations. The court explained that, pursuant to the Federal Rules of Civil Procedure, a district court could decline to exercise supplemental jurisdiction over a state law claim if it has dismissed all of the related claims over which it had original jurisdiction. Continue Reading ›

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Some people harmed by incompetent medical care wish to seek compensation from their providers but are reluctant to hire an attorney due to misapprehensions regarding the cost of legal representation. Medical malpractice cases are typically complex, however, and involve an intricate interplay of legal and factual issues. As such, people who attempt to pursue medical malpractice claims without the assistance of an attorney may unknowingly fail to take the actions necessary to preserve their rights. This was demonstrated in a recent Maryland opinion issued in a case in which the plaintiff’s convoluted complaint that included medical malpractice claims and other assertions was ultimately dismissed. If you were injured due to the reckless acts of a physician, it is in your best interest to meet with a Maryland medical malpractice lawyer to discuss your potential claims.

Factual and Procedural Background of the Case

It is reported that the plaintiff was hospitalized, after which he was transferred to the defendant’s facility, a treatment center that offered patients physical rehabilitation and medical services. He was admitted to the facility for approximately six months. He was then involuntarily discharged for failing to make payments for services rendered by the defendant. He subsequently filed a pro se lawsuit against the defendant, asserting numerous claims sounding in civil rights violations, discrimination, and medical malpractice. The defendant moved to dismiss the plaintiff’s claims, arguing that he failed to set forth allegations sufficient to establish any plausible claim for relief. Alternatively, the defendant argued that two of the plaintiff’s claims, which sounded in malpractice, must be dismissed because he did not exhaust his administrative procedures as required under the Maryland Health Care Malpractice Claims Act.

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Many medical facilities are funded and operated by the federal government. Patients who suffer harm due to incompetent care rendered in such a facility may be able to recover damages, but they typically must comply with the requirements imposed by the Federal Tort Claims Act (FTCA), as their claims will ultimately be pursued against the federal government. The duties that arise out of the FTCA are strictly construed, and the failure to abide by such obligations may be fatal to a plaintiff’s claim. This was demonstrated in a recent opinion issued by the United States Court of Appeals for the Fourth Circuit in which the court affirmed the dismissal of the plaintiff’s medical malpractice case. If you suffered harm due to the negligence of a health care provider, it is sensible to consult a Maryland medical malpractice lawyer promptly to prevent the inadvertent waiver of your right to recover damages.

The Facts of the Case

Reportedly, the decedent underwent treatment at a federally funded hospital. He subsequently died due to complications from liver cancer. The plaintiff, the decedent’s wife, filed a lawsuit against the federal government, seeking damages for the decedent’s death, pursuant to the FTCA. The plaintiff alleged, in part, that the defendant’s doctors negligently failed to screen the decedent for liver cancer. The defendant moved for summary judgment, arguing that the plaintiff’s claims were barred by the applicable statute of limitations. The court granted the motion, and the plaintiff appealed.

Notice Requirements Under the FTCA

After reviewing the pleadings and evidence of record, the appellate court affirmed the trial court ruling. The court explained that absent a waiver, the United States is shielded from liability in civil lawsuits via sovereign immunity. The FTCA acts as a waiver of such immunity but only allows parties to pursue claims against the government if they comply with certain terms and conditions.

While the government consents to suits seeking damages for the harm caused by its employees while acting in the scope of their employment, such claims are barred unless they are presented to the appropriate federal agency, in writing, within two years of the date when the claim accrues.  The court elaborated that a claim accrues when the plaintiff either knows or reasonably should know of both the harm suffered and the cause of the harm. In the subject case, the trial court determined that the plaintiff’s claims accrued in 2011, but she failed to file her administrative tort claim until 2014. Thus, her claims were barred by the statute of limitations. Continue Reading ›

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It is not uncommon for people treated in federal facilities to suffer harm due to incompetent medical care. While people injured by the medical negligence of federal employees have the right to pursue damages, they generally must comply with the rules set forth under the Federal Tort Claims Act (the FTCA) and any other applicable laws; otherwise, their claims may be dismissed. This was explained in a recent ruling in which a Maryland court illustrated the pre-requisites for pursuing medical malpractice claims in federal court. If you suffered damages due to the carelessness of your treatment provider, it is advisable to meet with a Maryland medical malpractice lawyer to evaluate your options for pursuing compensation.

History of the Case

It is reported that the plaintiff, who lived in a federal facility, fell from his bed and injured his leg. He visited the medical department, where he was examined and underwent an x-ray. He was informed that his x-ray did not indicate any injuries to his leg and knee and was directed to exercise. A month later, he returned to the medical center as his pain had increased to the point where he could no longer walk but was merely diagnosed with a muscle strain.

Allegedly, an additional x-ray taken approximately nine months after his fall indicated he suffered from avascular necrosis in his right hip and would need to undergo a hip replacement. He then filed a lawsuit against his treatment providers and the federal government, asserting, among other things, medical malpractice claims under the FTCA. The defendants moved to dismiss the claims, arguing that the plaintiff failed to comply with the proper procedure for pursuing such claims. Continue Reading ›

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In Maryland, there are statutory procedural requirements parties must comply with prior to pursuing medical malpractice claims. People that fail to abide by the rules may be denied the right to seek damages from their medical providers. Recently, a Maryland court addressed the issue of whether the dismissal of a medical malpractice case was appropriate where a plaintiff fulfilled his duties as to some, but not all, of the claims he asserted. If you were harmed by inadequate medical care, it is advisable to meet with a Maryland medical malpractice lawyer promptly to avoid waiving your right to pursue damages.

Background of the Case

It is alleged that the plaintiff was treated by the defendants for various medical conditions. In 2010, he tested positive for hepatitis B and hepatitis C. He was not treated for hepatitis C for two years after his diagnosis, however, and believed that his treatment for hepatitis B was inadequate. Thus, he filed a medical malpractice lawsuit against the defendants, alleging the care they provided fell below the applicable standard. The defendants then filed motions to dismiss the plaintiff’s complaint alleging, in part, that the plaintiff should not be permitted to proceed on the claims related to the treatment of his hepatitis B, as he failed to comply with the procedural requirements established by Maryland law.

Requirements Under the Maryland Health Care Malpractice Claims Act (HCMCA)

In Maryland, all lawsuits and claims against a health care provider for harm caused by medical negligence must be pursued in accordance with the HCMCA. There are several conditions a plaintiff must comply with prior to filing a medical malpractice claim. First, they must file a certificate of a qualified expert with the Health Care Alternative Dispute Resolution Office (HCADRO), setting forth the applicable standard of care and the manner in which the standard was breached. Continue Reading ›

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