Articles Posted in Medical Malpractice

People who seek medical care have the right to receive timely and suitable treatment, regardless of the setting in which the care is provided. Sadly, many people housed in federal facilities fall victim to missed and delayed diagnoses, inappropriate treatment, and other acts of medical malpractice. While people harmed by such medical errors have the right to pursue claims against the parties that caused their injuries, they must adequately support such claims, or else they may be dismissed at the outset, as illustrated in a recent Maryland case. If you endured losses due to inadequate medical treatment, it is advisable to speak with a Baltimore medical malpractice attorney about your possible claims as soon as possible.

Procedural and Factual History

It is alleged that the plaintiff, who was housed in a federal facility, filed a medical malpractice lawsuit against the defendant, the medical director of the facility, alleging that the defendant was negligent in providing appropriate medical care. The plaintiff experienced chronic pain and mobility issues, which he claimed were inadequately addressed by the defendant.

According to the plaintiff, the failure to provide timely treatment and necessary interventions resulted in prolonged suffering and worsened his medical condition. Despite seeking medical assistance multiple times within the facility, the plaintiff argued that the treatment provided was substandard and amounted to negligence. After exhausting internal remedies, the plaintiff pursued legal action, asserting that the defendant’s failure to provide adequate medical care constituted medical malpractice. Continue Reading ›

People harmed by recklessly performed procedures have a right to pursue claims against the providers responsible for their harm. Under Maryland law, though, they must institute any claims within the statute of limitations. In a recent case, a Maryland court discussed the statute of limitations in medical malpractice cases, ultimately ruling that the plaintiff failed to show the statute should be tolled in his case. If you suffered losses due to the ineptitude of your healthcare provider, you may be able to recover damages in a civil lawsuit, and you should speak to a Baltimore medical malpractice attorney.

Setting of the Case

It is reported that the plaintiff, acting pro se, claimed that his treating physician failed to meet the standard of care during a procedure and subsequent care in October 2015, which resulted in injury to his bile ducts. The plaintiff alleged that a corrective surgery performed on November 20, 2015, exposed the medical malpractice by the defendants, including the physician. Subsequently, the plaintiff sought compensatory and punitive damages from the defendants. In November 2023, however, the court dismissed the plaintiff’s claims as untimely.

It is alleged that the court held that the claims were time-barred under Maryland law because the plaintiff was aware of the alleged medical negligence no later than November 2015, yet initiated the action more than five years later. The court also ruled that Maryland law did not toll the statute of limitations because the plaintiff failed to provide specific factual allegations demonstrating how the defendants’ alleged fraud kept him ignorant of his cause of action and why there was a delay in discovering the alleged fraud despite his diligence. The plaintiff subsequently sought reconsideration of the court’s decision. Continue Reading ›

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Veterans will often seek medical care from federally funded veterans’ organizations. If the care they receive is negligent and subsequently causes them to suffer injuries, they may be able to pursue claims against the federal government. They must comply with any applicable procedural processes, however, or it could negatively impact their claims, as discussed in a recent medical malpractice case. If you sustained harm due to incompetent medical care, you may be owed damages, and you should meet with a Baltimore medical malpractice lawyer. 

Case Setting

It is reported that the plaintiff, alleging injury due to the federal government’s veteran’s organization’s neglect of his doctor’s recommendations, filed a suit against the United States and the veteran’s organization. He claimed to suffer from Complex Regional Pain Syndrome, for which a non-veteran’s organization doctor had devised a treatment plan that included centralized care at a specialized facility. Despite recommendations from this doctor and the plaintiff’s physical therapists, the veteran’s organization allegedly did not respond, leading to a deterioration in the plaintiff’s condition.

It is alleged that the plaintiff supported his claims with exhibits showing physical symptoms, including a lower temperature in his injured leg, a sore on his injured foot, and atrophication of the injured leg. Previously, the plaintiff had filed a lawsuit in March 2018 for $5 million, which was dismissed due to the Federal Tort Claims Act’s statute of limitations. An appeal upheld this dismissal. In June 2023, the plaintiff initiated the current lawsuit, seeking $50 million in damages for future medical care and complications from delayed treatment. The defendants moved to dismiss the case. Continue Reading ›

People seeking medical treatment have the right to competent care, regardless of where it occurs. If the care they receive is inadequate, they may be able to pursue claims against their providers. They must ensure that they allege the appropriate claims and follow any required procedures, however, otherwise their claims may be subject to dismissal, as demonstrated in a recent Maryland case. If you suffered losses due to substandard medical care, it is advisable to speak to a Baltimore medical malpractice lawyer regarding your claims.

Facts of the Case and Procedural History

It is alleged that the plaintiff, who was housed at a federal institution in Maryland, was attacked by another inmate, resulting in a foot wound and a broken leg. Nurse Holly Hoover evaluated and treated the wound but did not prescribe pain medication or order X-rays. The plaintiff continued to suffer significant pain. The defendant orthopedic surgeon, affiliated with the defendant health center, evaluated the plaintiff in February 2020 and diagnosed issues related to past injuries and surgeries. He recommended and performed surgery in December 2020, to remove abnormal bone growth but could not remove surgical hardware due to incompatible tools.

Reportedly, post-surgery, the plaintiff developed an infection, which he attributed to improper wound care by the medical staff at the correctional institution. The defendant internal medicine physician, saw the plaintiff once in April 2021 and prescribed Lyrica for pain management, but did not refer him for physical therapy. Subsequently, the plaintiff filed the Complaint, asserting claims of deliberate indifference to his medical needs under the Eighth Amendment and discrimination under the Equal Protection Clause of the Fourteenth Amendment. The defendants moved for summary judgment. Continue Reading ›

People who suffer harm due to medical care provided by federally funded healthcare providers will typically pursue medical malpractice claims against them under the Federal Tort Claims Act. If they do, it is critical for them to abide by any procedural requirements. It is important to note, though, that there is a distinction between statutory jurisdictional requirements and agency-specific procedural regulations, as discussed in a recent Maryland medical malpractice case in which the court affirmed that only statutory provisions dictated the jurisdictional bounds for Federal Tort Claims Act claims. If you were harmed by incompetent medical care at a federal facility, it is wise to speak to a Baltimore medical malpractice attorney about your rights.

Setting of the Case

It is reported that the plaintiffs, the decedent’s estate, spouse, and five children, filed a lawsuit under the Federal Tort Claims Act following the death of the decedent after medical treatment at a military medical center. Each plaintiff sought 25,000,000 in damages, except for one plaintiff who did not specify damages. The plaintiffs initially submitted administrative claims to the military, alleging negligence and seeking damages for wrongful death and survival, which the military subsequently denied.

People injured by incompetent medical care will often pursue claims against the physicians and entities responsible for their harm. If they do, they must ensure they set forth the proper allegations and follow any procedural rules to avoid dismissal of their actions, as illustrated in a recent Maryland medical malpractice case in which the court dismissed the pro se plaintiff’s lawsuit. If you were injured by medical negligence, it is smart to confer with a Baltimore medical malpractice lawyer to discuss your options.

Factual and Procedural Background

It is alleged that the plaintiff, who was in custody of the federal government at a facility in Maryland, filed a civil suit asserting claims under the Federal Tort Claims Act. The defendants named in the suit included the United States, along with several individual defendants holding official and personal capacities, including physicians and others on the medical and administrative staff at the federal facility.

Reportedly, the plaintiff alleged medical negligence claims and other causes of action stemming from the management of the COVID-19 pandemic at the facility and inadequate medical treatment for his conditions, including asthma. After initial procedural maneuvers, including a dismissal of claims for injunctive relief and subsequent motions, the defendants filed a second motion to dismiss or for summary judgment. Continue Reading ›