Articles Posted in Medical Malpractice

When people visit the emergency department of a hospital, they anticipate that any conditions causing their symptoms will be accurately diagnosed. Unfortunately, this is not always the case, and a missed diagnosis can lead to years of complications and may be grounds for pursuing a medical malpractice claim. Recently, a Maryland court discussed when a claim arising out of a missed diagnosis begins to accrue in a matter in which the defendant argued the plaintiff’s claims were untimely. If you were injured by a missed diagnosis, it is wise to consult a Baltimore medical malpractice lawyer about your options.

Factual and Procedural History of the Case

It is alleged that the plaintiff was involved in a severe car accident in January 2017. He was transported to the defendant’s hospital, where he was diagnosed with a fracture of the right femur. He had fractures of the second and third metatarsals as well, but they were not detected at that time. Numerous doctors took over his orthopedic care, none of whom detected the toe fractures until April 2017. Despite continued pain and difficulty bearing weight on his right foot, subsequent assessments failed to identify the metatarsal fractures as the underlying issue until February 2018. By January 2019, further imaging confirmed malunions of the metatarsal fractures, leading to discussions about potential surgical interventions.

It is reported that the plaintiff filed a complaint against the defendant, alleging negligence in failing to inform him of his metatarsal fractures, not communicating this information to subsequent providers, and not providing appropriate treatment. The defendants moved for summary judgment, arguing that the claims were time-barred, as they accrued more than three years before the second complaint. The plaintiff contested this, arguing that his claims didn’t accrue until January 2019 when a CT scan revealed malunions. The court granted summary judgment, prompting the plaintiff’s appeal. Continue Reading ›

The federal government owns and operates several medical facilities in Maryland. Doctors who work for the federal government are held to the same standard of care as other practitioners. As such, they can generally be held liable for medical malpractice if they deviate from the standard and subsequently cause their patients harm. There are exceptions to the general rule, however, as demonstrated in a recent Maryland opinion in which the court affirmed the dismissal of the plaintiff’s claim as it found it occurred as a result of his military service. If you suffered harm at a federal facility, it is wise to meet with a Baltimore medical malpractice lawyer to evaluate your rights.

History of the Case

It is reported that the plaintiff underwent spinal surgery at a government hospital. The procedure was performed by military doctors, as he was a member of the military. Tragically, the plaintiff suffered life-altering complications, including a spinal injury, decubitus ulcers, and deep venous thrombosis, that caused permanent harm and required extensive treatment. The defendant subsequently commenced a medical malpractice claim against the federal government, pursuant to the Federal Tort Claims Act.

Allegedly, despite being on inactive status in the Air National Guard at the time of the surgery, the plaintiff had not been discharged from the military, nor was he on leave substantially similar to discharged or veteran status. The court found this status sufficient to bring the plaintiff’s injuries under the purview of the Feres doctrine. As such, the court dismissed the plaintiff’s claims for lack of subject matter jurisdiction. The plaintiff appealed. Continue Reading ›

Doctors regularly perform surgical procedures on patients for a variety of health conditions. If a patient subsequently suffers harm following what should be a routine procedure, it is likely due to medical errors on behalf of their surgeon. As such, they may be able to recover damages in a medical malpractice claim. Maryland law requires that in order to prove liability for medical malpractice, a plaintiff must demonstrate both the defendant’s negligence and harm resulting from such carelessness. If they do, however, any verdict in their favor should be upheld, as demonstrated in a recent ruling issued by a Maryland court in a medical malpractice case. If you suffered harm during a surgical procedure, it is important to understand your rights, and you should speak to a Baltimore medical malpractice lawyer regarding what claims you may be able to pursue.

Factual and Procedural History of the Case

It is alleged that the plaintiff commenced a medical malpractice claim against the defendant doctor and defendant medical center, alleging that she suffered injuries during what should have been a routine procedure to remove fibroids from her uterus. The case proceeded to trial; after the plaintiff presented her case, the defendant moved for judgment as a matter of law. The court denied the motion, and the jury found in favor of the plaintiff. The defendants then filed a renewed motion for judgment as a matter of law, which the court denied. The defendants appealed, contending that the plaintiff failed to present adequate evidence to support the jury’s conclusion that they were responsible for her injuries.

Proof of Causation in Medical Malpractice Cases

On appeal, the court affirmed the trial court ruling. In doing so, the court examined the case through the lens of Rule 50(b), which requires a determination of whether, viewing the evidence in the light most favorable to the prevailing party—in this case, the plaintiff—a reasonable jury could have reached the same conclusion. Continue Reading ›

People housed in state and federal facilities often require medical care for chronic and acute conditions. If the care they receive is substandard and causes them harm, the provider responsible for their injuries may be deemed liable for medical malpractice. As demonstrated in a recent Maryland ruling, however, they must offer adequate proof that the provider breached the applicable standard of care, otherwise their claims may be dismissed. If you were hurt by the carelessness of a doctor, it is wise to meet with a Baltimore medical malpractice attorney to evaluate your possible claims.

Procedural and Factual History of the Case

It is alleged that the plaintiff, who was self-represented and confined to a Maryland correctional facility, filed a lawsuit against the defendants, a warden and a psychologist who worked at the facility. The plaintiff set forth numerous claims, including inadequate medical care, and sought both damages and injunctive relief.  Both defendants filed separate Motions to Dismiss or, in the Alternative, for Summary Judgment, arguing, among other things, immunity, failure to exhaust administrative remedies, and lack of personal involvement in the causing the plaintiff’s harm.

Demonstrating Harm Caused by Inadequate Medical Care

After reviewing the motions, the court found no need for a hearing. Instead, it granted the defendants’ motions, treating them as motions for summary judgment. The court began by addressing the Eleventh Amendment, determining that claims against the defendants in their official capacities were barred by sovereign immunity. Continue Reading ›

Generally, Marylanders expect that when they visit medical professionals for treatment of acute or chronic conditions, they will receive competent care. As demonstrated by recent data, however, medical errors are on the rise in Maryland, and patients are suffering harm as a result of the oversights and omissions of health care providers. If you suffered harm because of negligent medical care, you may be able to recover damages, and you should talk to a Baltimore medical malpractice attorney about your rights.

Increase in Medical Errors in Maryland Health Care Settings

It is reported that a recent report issued by the Maryland Department of Health’s Office of Health Care Quality demonstrated a significant increase in medical errors causing death or serious injury in Maryland hospitals during fiscal year 2022. According to the report, there were over 800 adverse events. Most of these events were classified as “Level 1,” which indicates they caused the most severe outcomes.

Allegedly, the data also revealed a more than doubling of medical errors since fiscal year 2020, raising concerns about patient safety. The spike in errors is attributed in part to the strain on the healthcare system caused by the COVID-19 pandemic. The Maryland Hospital Association also attributed some of the increase to reporting requirements and emphasized transparency. However, patient rights advocates point to possible understaffing issues as a contributing factor. Continue Reading ›

State and federal law aims to protect the rights of all citizens. Thus, if a party who wishes to pursue medical malpractice claims against health care providers that caused them harm lacks the means to pay the fees associated with pursuing such claims, they can ask the court to permit them to proceed in forma pauperis. Even if a court grants such a request, it may ultimately dismiss a medical malpractice claim due to the litigant’s failure to comply with the applicable rules of procedure, as demonstrated in a recent ruling issued in a Maryland medical malpractice case. If you were hurt by the incompetence of a medical professional, you should meet with a Baltimore medical malpractice attorney to determine what damages you may be able to pursue.

Case Setting

It is alleged that the plaintiff filed a pro se complaint against the defendant government agency, the United States, and the State of Maryland, alleging medical malpractice and other claims. The plaintiff, who was currently unhoused, sought leave to use a P.O. box instead of a residence address. She also moved to seal her court records, aiming to protect her P.O. Box address and private information on a USB drive sent to the Clerk of Court. Finally, she alleged she could not afford to pay the applicable legal filing fees and filed a motion to proceed in forma pauperis. The court approved the sealing of the USB drive and the address but ultimately dismissed the case without prejudice.

Specificity of Medical Malpractice Complaints

While the court granted the plaintiff’s various motions, it determined that the complaint, which spanned 96 pages, could not survive. In doing so, the court emphasizes the necessity for pro se litigants to adhere to the Rules of Civil Procedure. Specifically, the court highlighted that Rule 8(a) requires a clear and concise statement of jurisdictional grounds and the claim. Continue Reading ›

In Maryland, people harmed by incompetent medical care may seek recourse by pursuing medical malpractice claims. Before initiating such claims, they must meet certain procedural prerequisites however. If they fail to do so, their claims may be dismissed, as discussed in a recent Maryland ruling. If you or a loved one suffered harm due to medical negligence, you should contact a Baltimore medical malpractice attorney to assess what measures you can take to protect your interests.

Factual and Procedural History of the Case

It is reported that the plaintiff filed a medical malpractice lawsuit against the defendant. The plaintiff claimed that during a blood-drawing procedure conducted by a medical student, he explicitly instructed the student not to search for a vein if they could not easily find one to draw blood.

Allegedly, the student ignored this instruction and placed the needle deep into the plaintiff’s right armpit. Because of this, the plaintiff suffered increased soreness and sharp pain. Before initiating his lawsuit, the plaintiff neglected to submit his claim to the Health Claims Arbitration Office (HCAO) before initiating the lawsuit in the circuit court. Consequently, the defendant moved to dismiss the complaint, asserting that it was filed prematurely. The trial court granted the defendant’s motion, dismissing the plaintiff’s claims. The plaintiff then filed an appeal. Continue Reading ›