Patients generally anticipate that their treatment providers will provide them with thorough and adequate care. If a physician carelessly neglects to live up to such an expectation, it may cause their patient to suffer significant harm. Additionally, depending on the environment in which the doctor’s negligence occurs, it may be grounds for pursuing claims that the doctor acted with deliberate indifference, in violation of their patient’s constitutional rights. There are key distinctions between medical negligence and deliberate indifference claims, however, and it is critical that a plaintiff hurt by a doctor’s recklessness carefully consider which claims they choose to pursue; otherwise, they may waive their right to recover damages. This was demonstrated recently in a Maryland case in which the court dismissed the plaintiff’s claims, finding that the sounded in medical negligence rather than deliberate indifference. If you were harmed by incompetent medical care, it is wise to talk to a Maryland medical malpractice lawyer about your potential claims.
The Facts of the Case
It is reported that the plaintiff was confined to a federal facility. During his confinement, he received medical care for numerous issues, including high blood pressure, leg pain, and asthma. He allegedly suffered harm due to the negligence of his treatment provider, and filed a federal lawsuit against them, arguing that the inadequacies of their care amounted to a violation of his constitutional rights. The defendants filed a motion to dismiss or, in the alternative for summary judgment, arguing that the plaintiff failed to set forth assertions that would allow him to recover under his claims.
Distinctions Between Medical Negligence and Deliberate Indifference
The court explained that the plaintiff’s claims that he did not receive his blood pressure medication or undergo regular blood pressure checks were not adequate to demonstrate a violation of his constitutional rights. Specifically, such assertions sounded in negligence, and would solely allow him to pursue medical malpractice claims against the defendants, rather than deliberate indifference claims. Continue Reading ›