Articles Posted in Maryland Medical Malpractice Law

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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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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.

Continue Reading ›

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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.

Continue Reading ›

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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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