Articles Posted in Medical Malpractice

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Doctors faced with claims that they committed medical malpractice will often deny liability. In some instances, they will assert that other factors caused the plaintiff’s injuries and may go so far as to argue that the plaintiff is responsible for the harm they allegedly suffered.  As demonstrated in a recent Maryland birth injury case, however, the argument that the plaintiff assumed the risk of harm is not valid in a medical malpractice case. If your child suffered harm at birth due to the negligence of a doctor, it is advisable to contact a skilled Maryland medical malpractice lawyer to discuss what evidence you must produce to recover compensation.

The Facts of the Case

It is reported that the plaintiff mother presented to the labor and delivery unit of a hospital when she was thirty-three weeks pregnant. At the time, she had high blood pressure and was experiencing vaginal bleeding. The defendant induced labor, but after four hours, she noticed the fetus’s heart rate was dropping. As such, she made the decision to perform a non-emergency cesarean section. She began to perform the procedure, but seven minutes passed between the time she made the incision in the uterus and when the infant was delivered.

Allegedly, the infant was born without a heart rate and needed 22 minutes of resuscitation. Tragically, he passed away a short time later. The plaintiff mother filed a medical malpractice lawsuit against the defendant on behalf of herself and the infant’s estate. The defendant argued that the plaintiff assumed the risk of harm and was contributorily negligent, and the plaintiff filed a motion for summary judgment on the issues. Continue Reading ›

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In the United States legal system, parties will typically pursue claims arising out of state law in state court. While federal courts will handle state law claims in some cases, they are courts of limited jurisdiction. Thus, they will often decline to exercise jurisdiction over certain matters, like medical malpractice claims. This was demonstrated recently in a Maryland case in which the court dismissed the plaintiff’s medical malpractice lawsuit that she filed in the United States District Court for the District of Maryland. If you were harmed by incompetent medical care, you may be owed compensation, and it is in your best interest to meet with a dedicated Maryland medical malpractice lawyer to assess your potential claims.

The Facts of the Case

It is alleged that the plaintiff sought treatment at the defendant hospital. The precise nature of the plaintiff’s ailment and subsequent care was not explained in the court’s opinion. Regardless, it is clear that she suffered harm, which she argued arose out of medical negligence. As such, she filed a medical malpractice complaint against the defendant in the United States District Court for the District of Maryland. After reviewing the complaint, however, the court determined that it must be dismissed.

Federal Jurisdiction Over Medical Malpractice Claims

The court explained that federal courts have limited jurisdiction. As such, they can only handle cases if they possess the power to do so, as granted by the Constitution or a statute. If a party decides to pursue a matter in federal court, then they must allege that the federal court has subject matter jurisdiction over the case, and if the court’s jurisdiction is challenged, must prove that it is valid. 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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The medical care offered to people who are housed in federal facilities, unfortunately, is often inadequate. People who sustain injuries due to such incompetent care have the right to pursue claims against the parties responsible for their harm, however. In many instances, such claims will arise under both state and federal law. While a plaintiff is permitted to pursue state law medical malpractice claims and allegations that the defendant violated their civil rights in one lawsuit, there are often practical challenges with asserting both claims in one case. This was demonstrated recently in an opinion issued by a Maryland court in a matter in which it dismissed the plaintiff’s federal complaint, which included medical malpractice claims. If you were injured by a reckless healthcare provider, you might be owed compensation, and it is in your best interest to confer with a Maryland medical malpractice lawyer regarding your potential claims.

The Facts of the Case

It is reported that the plaintiff was housed in a facility owned by the defendant. He alleged that during his stay, he received inadequate medical care for his anxiety, depression, and post-traumatic stress disorder. He subsequently filed a pro se federal lawsuit against the defendant, arguing his civil rights were violated. The plaintiff’s complaint also asserted medical negligence claims that arose out of state law. The defendant moved to dismiss the plaintiff’s case in its entirety. After reviewing the complaint, the defendant’s motion, and the plaintiff’s response, the court found in favor of the defendant and dismissed the plaintiff’s claims.

Medical Malpractice Claims Asserted in Federal Lawsuits

While the court discussed the factual sufficiency of the plaintiff’s federal claims, it did not do so for the plaintiff’s medical malpractice claims. Instead, it merely declined to exercise supplemental jurisdiction over them due to the fact that it dismissed all claims over which it has original jurisdiction. The court noted that the claims were not dismissed with prejudice, and therefore, the plaintiff could pursue them in state court if he so pleased. Continue Reading ›

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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 Medical malpractice cases, the records, notes, and charts produced by the defendant doctor are often key in establishing liability. Not all materials created by doctors are discoverable, however, as some are protected from disclosure by privilege. In a recent Maryland ruling issued in a hospital malpractice case, a court discussed what materials are privileged in medical malpractice claims pursued against the United States government. If you suffered injuries due to a careless physician, it is smart to speak to a skilled Maryland medical malpractice lawyer to discuss what evidence you must produce to recover damages.

The History of the Case

It is reported that the plaintiffs filed a medical malpractice case against the United States government alleging their minor child suffered harm due to negligent care provided by anesthesiologists when he underwent surgery at a federally owned hospital. One of the anesthesiologists testified during his deposition that he wrote himself an email following the surgery, setting forth his recollections regarding the procedure. The plaintiffs requested the email in discovery, after which the anesthesiologist advised he had written it to the other anesthesiologist involved in the procedure.

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People harmed by the incompetence of their doctors have the right to pursue compensation via medical malpractice claims. As plaintiffs are the parties that institute cases, they generally get to determine where the case will be filed and what court will preside over the matter. Defendants have the right to request that cases be transferred to other counties, though, via motions for transfer for forum non conveniens. The courts must evaluate numerous factors to determine if a transfer is appropriate, and if they fail to do so, any transfer may be overturned, as demonstrated in a recent opinion issued in a Maryland primary malpractice case. If you were injured by the errors of a primary care physician, it is in your best interest to speak to a Maryland medical malpractice lawyer to discuss your options.

History of the Case

It is alleged that the plaintiff visited the defendant primary care practice with complaints of pain, redness, and swelling in her left foot. She was seen by a nurse practitioner and diagnosed with gout. She visited the defendant medical express center with similar complaints two days later and was advised that she had cellulitis and a wound infection.

It is reported that three days later, the plaintiff went to the emergency department of a hospital due to a worsening of her symptoms. She was diagnosed with gas gangrene, and her foot was amputated. She subsequently filed a medical malpractice lawsuit against the defendants in Baltimore City. The defendants filed a motion for transfer to Baltimore County for forum non conveniens. The court granted the motion, and the plaintiff appealed. Continue Reading ›

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There are numerous claims a person harmed by incompetent medical care may pursue. For example, a person may assert a medical malpractice claim or failure to obtain a patient’s informed consent claim. While parties can pursue both claims in one action, they each have different elements that must be proven to recover damages. As such, it may be improper for a defendant to introduce evidence that a defendant obtained a plaintiff’s informed consent prior to a procedure in a matter in which she is solely asserting a medical malpractice claim. The ramifications of evidence relevant to other claims were the topic of a recent Maryland opinion in a surgical malpractice case in which the plaintiff argued the trial court erred in admitting improper evidence. If you suffered harm because of a negligently performed procedure, it is smart to meet with a Maryland surgical malpractice lawyer regarding your options for seeking damages.

The Plaintiff’s Claims

It is reported that the defendant performed a surgical repair of the plaintiff’s hernia. She was discharged with instructions and a prescription for pain medication. The evening after she was discharged, she experienced abdominal pain and was advised to fill her prescription. Five days later, she returned to the hospital with complaints of pain, nausea, vomiting, and constipation. She was transferred to the emergency department, where it was determined that she was suffering from a perforated colon.

Allegedly, she underwent an emergency procedure to repair the perforation, and the record noted she was suffering from a missed colotomy. She had to undergo several additional procedures to repair her harm. She subsequently filed a lawsuit against the defendant, asserting a medical malpractice claim. Prior to trial, she filed a motion asking the court to preclude the defendant from introducing evidence of informed consent and that the harm suffered was a known risk of the procedure. The court denied the motion as premature, but during the trial, such evidence was introduced. The jury issued a defense verdict, and the plaintiff appealed, arguing the admission of informed consent evidence was improper. Continue Reading ›

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Stage IV metastatic breast cancer is a devastating disease for which, tragically, there is no cure. As such, many people lose their lives to metastatic breast cancer each year. While stage IV breast cancer is not curable, it is treatable, and some people are able to live for several years after they are diagnosed. If they are robbed of the opportunity to undergo treatment due to medical negligence, though, their family members cannot recover wrongful death damages after their passing, as demonstrated in a recent Maryland opinion delivered in an oncology malpractice case. If you lost a loved one due to the incompetence of an oncologist, it is smart to meet with a knowledgeable Maryland medical malpractice attorney to evaluate your potential claims.

The Decedent’s Harm

It is reported that in 2006, the decedent was diagnosed with stage III cancer in her left breast. She underwent a mastectomy, radiation, and chemotherapy. For the next three years, her CT scans were normal. In April 2013, however, she underwent a CT scan that indicated new and possibly cancerous lesions that were not present in previous studies. The radiologist forwarded the report from the 2013 CT scan to the defendant, the decedent’s treating oncologist, who did not prescribe any follow-up tests or advise any of her providers.

Allegedly, in February 2016, the decedent was diagnosed with Stage IV cancer after she injured her shoulder. She died a year and a half later. The plaintiff, her husband, then instituted a wrongful death lawsuit against the defendant, arguing that if the decedent had been diagnosed in 2013, she would have lived an additional two and a half years. The trial court granted summary judgment in favor of the defendant, stating the plaintiff failed to present a viable wrongful death claim. The plaintiff appealed. Continue Reading ›

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