Articles Posted in Medical Malpractice

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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 ›

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People who experience alarming symptoms will typically seek medical attention, in hopes of obtaining an accurate diagnosis and appropriate care. Sadly, however, doctors often fail patients by ignoring their symptoms until their health has deteriorated past the point of return. In such instances, the impacted patients can often recover substantial damages, as demonstrated by a recent Wicomico County verdict in excess of $3 million in a case arising out of a missed cancer diagnosis. While many cannot compensate for the loss of one’s health, it may alleviate some of the financial concerns associated with treating cancer. If you suffered harm due to a doctor’s failure to diagnose cancer, it is smart to talk to a Baltimore medical malpractice lawyer about your possible claims.

The Wicomico Case

It is reported that a recent medical malpractice lawsuit in Wicomico County, Maryland resulted in a record $3.38 million verdict, marking the largest of its kind in the county’s history. The case alleged that the defendant radiologist failed to appropriately evaluate, treat, and report the plaintiff’s medical condition, leading to a devastating progression from stage I to stage IV cancer. The jury, comprised of six individuals, unanimously ruled in favor of the plaintiff after careful consideration of the evidence presented.

According to the complaint, the plaintiff initially noticed a small lump in front of her right ear in March 2021. After consulting medical professionals and undergoing a contrast-enhanced soft tissue neck CT at Peninsula, the radiologist classified the scan’s results as a “normal variant” and did not recommend further testing or treatment. However, by July 2021, the plaintiff noticed that the mass had grown larger, prompting her to seek further medical attention. Subsequent testing revealed the progression of her cancer, necessitating surgery in January 2022. Continue Reading ›

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Many people in Baltimore entrust the care of their loved ones to nursing homes, with the anticipating that they will receive attentive care. Sadly, many nursing home residents are neglected, and such neglect often results in significant bodily injuries. When it does, it often constitutes grounds for pursuing malpractice claims against the nursing home. In a recent Baltimore nursing home malpractice case, a jury delivered a substantial verdict for the plaintiff, demonstrating that nursing homes will be held accountable for the harm they cause. If you or a loved one sustained injuries due to the carelessness of a nursing home, it is wise to confer with a Baltimore medical malpractice attorney regarding your rights.

The Case Against the Baltimore Nursing Home

Reportedly, a Baltimore City jury awarded damages in the amount of $1.5 million to a deceased Baltimore nursing home resident’s estate in a negligence and medical malpractice lawsuit. The jury found in favor of the plaintiff, represented by the personal representative for the estate, against the nursing home, alleging negligence in the care and treatment of the deceased individual, which led to his death.

Allegedly, the complaint stated that the resident died from a bone infection caused by pressure wounds that developed due to the nursing home staff’s failure to turn and reposition him, resulting in a stage 4 pressure ulcer. The complaint also highlighted staffing concerns and allegations of negligence, including the failure to treat the resident’s wounds and implement safety precautions. The nursing home denied the allegations, attributing the resident’s health conditions to the pressure ulcer and subsequent death, but the jury ultimately rejected their arguments, finding in favor of the plaintiff. Continue Reading ›

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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 ›

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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 ›

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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 ›

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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 ›

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Maryland’s federal court typically lacks original jurisdiction over medical malpractice matters. However, the court may exercise supplemental jurisdiction over these claims when they are part of the same case or controversy as claims that do fall within the court’s original jurisdiction. If the claims providing the original jurisdiction are dismissed, though, the federal court will often decline to retain supplemental jurisdiction over the medical malpractice claims, resulting in their dismissal as well. This was demonstrated in a recent Maryland medical malpractice case in which the court dismissed both the constitutional and state law claims asserted by the plaintiff. If you were harmed by a doctor employed by the federal government, you should talk to a Maryland medical malpractice attorney about what claims you may be able to pursue.

The Factual and Procedural History of the Case

It is alleged that the plaintiff, who was housed in a federal facility, experienced chest pains and was sent to the medical unit. Despite a history of heart problems, the defendant, a nurse, allegedly refused to provide an EKG or any treatment, violating established protocol. The plaintiff submitted an administrative remedy request, leading to an investigation confirming the nurse’s failure to follow protocol. The defendant presented the plaintiff’s medical records, showing a history of chest pain evaluations, consultations with specialists, and a recent visit where his vital signs were normal.

It is reported that the plaintiff filed a lawsuit alleging that the defendant’s neglectful actions violated his constitutional rights and amounted to medical malpractice. The defendant moved to dismiss the plaintiff’s complaint via summary judgment, arguing the plaintiff failed to offer sufficient evidence in support of his claims. Continue Reading ›

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Members of the military typically receive care from doctors employed by the Department of Defense. If the care they receive is inadequate and causes injuries or other harm, they may be able to pursue medical malpractice claims against the federal government. As with all medical malpractice cases, such claims must be brought in a timely manner; otherwise, they will be deemed waived. In a recent medical malpractice case, a court issued an opinion discussing the timeliness of medical malpractice claims against the military, ultimately finding that the plaintiff’s claims could proceed. If you were injured by incompetent medical treatment, it is smart to talk to a Maryland medical malpractice attorney about your rights.

Case History

Allegedly, the defendant performed a surgical procedure on the plaintiff. The plaintiff suffered complications, which led to multiple admissions and additional surgeries. The plaintiff subsequently filed a medical malpractice and informed consent claim against the defendant, alleging that the defendant breached the standard of care during knee surgery and failed to obtain informed consent.

It is reported that during the trial, the plaintiff’s expert witness testified that the defendant breached the national standard of care by opting for aggressive surgery when less invasive options were available. The jury ruled in favor of the plaintiff on the malpractice claim but rejected the informed consent claim. The defendant then moved for judgment in his favor as a matter of law, arguing that the plaintiff’s expert witness lacked a basis for knowledge of the national standard of care. The court denied the defendant’s motion, and the defendant appealed. Continue Reading ›

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Members of the military typically receive care from doctors employed by the Department of Defense. If the care they receive is inadequate and causes injuries or other harm, they may be able to pursue medical malpractice claims against the federal government. As with all medical malpractice cases, such claims must be brought in a timely manner; otherwise, they will be deemed waived. In a recent medical malpractice case, a court issued an opinion discussing the timeliness of medical malpractice claims against the military, ultimately finding that the plaintiff’s claims could proceed.  If you were injured by incompetent medical treatment, it is smart to talk to a Maryland medical malpractice attorney about your rights.

Factual and Procedural Background

It is alleged that in January 2019, while serving in the United States military, the decedent requested a medical screening for breast cancer. Despite recommendations from an oncologist for a diagnostic MRI based on family history, possession of the BRCA2 gene mutation, and physical symptoms, the decedent’s primary care physician incorrectly ordered a screening MRI.

It is reported that the decedent’s subsequent requests for the appropriate diagnostic procedures were denied by the Department of Defense’s health insurance, leading to a delayed breast cancer diagnosis. Ten months later, the decedent, now terminally ill, filed a medical malpractice claim with the Department of Defense. The claim was denied as untimely, and after exhausting administrative remedies, the plaintiff’s estate brought the case to court under the Administrative Procedure Act. The defendant moved to dismiss the plaintiff’s complaint. Continue Reading ›

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