Articles Posted in Maryland Medical Malpractice Law

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The duties and standards of care imposed on medical professionals are not within the understanding of the average person. As such, in most Maryland medical malpractice cases, the plaintiff will need to hire an expert to explain such matters to the jury and to establish causation. There are requirements a person must meet to qualify to testify as an expert, though, as discussed in a recent Maryland ruling. If you were hurt by a negligent doctor, you should speak to a trusted Maryland medical malpractice attorney about what evidence you must produce to recover damages.

The Plaintiff’s Harm

It is alleged that the defendant surgically extracted the plaintiff’s wisdom teeth. Prior to the procedure, the defendant advised the plaintiff she may experience complications, including numbness and tingling. After the surgery, the plaintiff could not speak or move her tongue. She was advised that her condition would improve over time, but it did not. She still had paresthesia at her follow-up appointment weeks later.

Reportedly, six months after the surgery, the plaintiff was treated by a different oral surgeon who diagnosed her with neurotmesis. The plaintiff filed a medical malpractice lawsuit against the defendant and named two experts who would provide expert testimony on her behalf. The defendant argued that the plaintiff’s experts’ testimony was inadmissible and, therefore, judgment should be entered in his favor as a matter of law. The court granted his motion, and the plaintiff appealed. Continue Reading ›

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While many people undergo surgery without any complications, there are risks associated with most procedures, and problems that arise during what seems like a routine procedure can result in lifelong impairment. To ensure that their patients adequately understand the potential issues that they could face, doctors have an obligation to advise patients of the potential consequences of surgery prior to getting their permission to proceed. If they fail to do so, they may be liable for the failure to obtain informed consent, as demonstrated in a recent opinion issued in a Maryland medical malpractice case. If you suffered harm due to the negligence of a doctor, it is smart to talk to a Maryland medical malpractice lawyer about your potential claims.

Factual and Procedural Background of the Case

It is reported that the plaintiffs’ infant son underwent a routine tonsil removal and bilateral implantation of tubes in his ears. During the surgery, the infant went into cardiac arrest and suffered a lack of oxygen to the brain, causing him to suffer permanent brain damage. The plaintiffs subsequently instituted a medical malpractice lawsuit against the defendants, the doctors who performed the surgery, pursuant to the Federal Tort Claims Act.

Allegedly, they asserted, in part, a lack of informed consent claim in which they alleged that the defendants failed to disclose the material consequences and risks associated with the surgery in consideration of the fact that the infant had sickle cell anemia and reactive airway disease. The court subsequently set forth findings of fact and conclusions of law. Continue Reading ›

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Doctors accused of committing medical malpractice will often try to avoid liability by claiming factors other than their negligence caused their patients harm. For example, they may argue that an outside force intervened and brought about the injury in question, thereby superseding their fault. Recently, a Maryland court examined superseding and intervening causes in a medical malpractice case in which the defendant relied on the defense to avoid liability. If you were harmed by the negligence of a doctor, you might be owed compensation, and you should speak to an assertive Maryland medical malpractice lawyer about your possible claims.

Facts of the Case

It is alleged that the decedent visited the defendant, an anesthesiologist and pain management doctor, for treatment of chronic pain in her neck and arm. The defendant administered an epidural steroid injection to the plaintiff. In the week after the injection, the decedent began experiencing double vision, balance issues, nausea, and vomiting.  She was admitted to the hospital but rapidly declined, and she passed away approximately two weeks after the injection.

Reportedly, the decedent’s cause of death was determined to be fungal meningitis. The plaintiff filed a medical malpractice lawsuit against the defendant, arguing that she negligently used drugs from a compounding pharmacy and that such drugs caused the decedent’s illness and eventual demise. The defendant argued that the pharmacy’s conduct was a superseding and intervening cause of the decedent’s death and requested a jury instruction on such causes. The court granted her request, and the jury ultimately found that the defendant was negligent, but the pharmacy’s acts were the superseding and intervening cause of the decedent’s death. The plaintiff appealed. Continue Reading ›

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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 ›

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It is well-established that people who suffer harm in the context of medical care generally must produce expert opinions that both establish the standard of care and link a breach of the standard to their injuries. If a plaintiff in a medical malpractice case fails to provide an expert report, their claims may be dismissed, as demonstrated in a recent ruling issued in a Maryland case. If you were hurt by the inappropriate acts of a treatment provider, you could be owed monetary damages, and it is prudent to meet with a Maryland medical malpractice lawyer as soon as possible.

The Facts of the Case

It is reported that the plaintiff, a veteran with disabilities, visited the Veterans Affairs medical center for care. During her visit, an employee entered the examination room when she was partially undressed and undergoing a medical procedure. He then proceeded to make inappropriate telephone calls to her. The plaintiff filed a lawsuit against the defendant federal government, alleging professional negligence and other claims.

Allegedly, the plaintiff asserted that the defendant’s employee’s negligent conduct caused her to suffer psychological and physical injuries. The defendant filed a motion asking the court to dismiss the plaintiff’s claims via summary judgment on the grounds that she failed to provide medical expert evidence establishing causation. Continue Reading ›

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Expert testimony is an essential component of Maryland medical malpractice cases. Specifically, as issues like the standard of care imposed on medical professionals and causation in the context of medical harm are beyond the understanding of the average person, medical experts are needed to help jurors gain the insight required to resolve the ultimate issues of the case. If an expert’s testimony is lacking, it may result in a dismissal of the plaintiff’s claims. In a recent Maryland medical malpractice opinion, a court discussed what constitutes sufficient expert testimony to support a verdict for the plaintiff. If you sustained losses due to the negligence of your doctor, you could be owed compensation, and you should speak to a Maryland medical malpractice lawyer promptly.

Factual and Procedural History

Allegedly, the plaintiff suffered from a uterine fibroid, which caused her significant pain. She underwent a myomectomy performed by the defendant, but her symptoms worsened. She visited an emergency room where testing showed signs of an infection. She subsequently underwent a second surgery, which showed she suffered a perforated colon. She returned to the hospital a week later for a third surgery in which it was revealed she had a perforated rectum as well.

It is reported that the plaintiff instituted a lawsuit against the defendant, alleging he committed medical malpractice. During the trial, the defendant moved for judgment in his favor as a matter of law on the grounds the plaintiff’s expert failed to establish causation. The court denied his motion, and the jury found in favor of the plaintiff. The defendant then renewed his motion and filed a motion to alter the judgment. Continue Reading ›

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Typically, people who lose loved ones due to incompetent medical treatment can choose where to pursue medical malpractice claims against the parties that caused their losses. In some instances, though, the courts will transfer a case to another venue. Recently, a Maryland court discussed the factors weighed in determining whether a change of venue is appropriate in a wrongful death and medical malpractice case filed in Maryland. If you lost a loved one due to negligent medical care, you could be owed compensation, and you should speak to a Maryland medical malpractice lawyer regarding your options.

History of the Case

It is alleged that the defendants treated the decedent before his death, which was caused by an occlusive pulmonary embolism. The decedent resided in Maryland prior to his death, but the defendants treated him in Washington D.C. The plaintiff filed a wrongful death and medical malpractice lawsuit against the defendants in the United States District Court for the District of Maryland.

Reportedly, the defendants moved to transfer the case to the United States District Court for the District of Columbia, arguing that the only connection to Maryland was that the decedent lived there prior to his death. The plaintiff opposed the motion, noting that after discharging the decedent from their facility, the defendants continued to provide care for the decedent in Maryland through an intermediary. Continue Reading ›

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It is not uncommon for patients to change medical providers over the course of their care. Thus, if a provider initially tasked with treating a patient commits medical malpractice, it is possible that a subsequent health care professional could continue the pattern of negligent care, further harming the patient. Each provider’s liability must be independently established in a medical malpractice case, however. This was discussed in a recent Maryland opinion in which the claims against the plaintiff’s second care provider were dismissed after the court found that, as a matter of law, the plaintiff could not recover damages from the second practitioner. If you were hurt by incompetent medical care, you could be owed compensation, and it is advisable to consult a Maryland medical malpractice attorney regarding your options.

The Plaintiff’s Treatment and Claims

It is reported that the plaintiff, who was detained at a federal facility, received care from the defendants during his confinement. Specifically, the first defendant cared for the plaintiff from 2014 through 2018, while the second defendant cared for him from 2019 forward. In 2014, he underwent a procedure during which ureteral stents were placed in his kidneys. He was scheduled to return for a follow-up procedure to remove the stents, but it was delayed for approximately two and a half years.

Allegedly, during the time in which his second surgery was delayed, the stents caused him to develop large kidney stones, renal obstruction, infection, and severe damage to his kidneys. Thus, he filed a medical malpractice lawsuit against the defendants. The second defendant filed a motion to dismiss, arguing the plaintiff failed to set forth facts sufficient to establish liability. Continue Reading ›

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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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