Articles Posted in Medical Malpractice

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During the COVID-19 pandemic, Maryland and other jurisdictions issued orders and laws impacting healthcare provider liability. While many of the orders and laws are no longer in effect, their ramifications are still present, as they can operate to bar medical malpractice claims. This was demonstrated recently when a court dismissed a plaintiff’s medical malpractice claim arising out of the negligent treatment of COVID-19 in a patient who later passed away. If you lost a loved one or sustained injuries because of inadequate medical treatment, it is in your best interest to confer with a Maryland medical malpractice lawyer about what damages you may be able to recover.

The Facts of the Case

It is reported that the decedent was admitted to the defendant’s hospital for the treatment of asthma. She was on dialysis at the time as well. She was tested for COVID-19 upon admission, and her test results were negative. During her stay, however, she was placed in a room with a patient being treated for COVID-19. The decedent tested positive for COVID-19 shortly thereafter. She declined rapidly and was placed on a ventilator. Sadly, she succumbed to the illness; her cause of death was listed as pneumonia and COVID-19.

Allegedly, the plaintiff filed a wrongful death action against the defendant on behalf of the decedent’s estate. In her complaint she asserted a single count of medical malpractice, in which she alleged the defendant’s negligence in exposing the decedent to COVID-19 and failing to provide her with adequate care caused her death. The defendant moved to dismiss the plaintiff’s claims on the grounds that they were immune pursuant to COVID-19 laws in effect at the time of the decedent’s care. Continue Reading ›

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There are arguably benefits to pursuing claims in federal court; the process is more streamlined, cases generally move quicker, and parties must exchange disclosures, so they understand the issues early on. Only certain cases can proceed in federal court, though, and generally, those cases do not include medical malpractice claims. This was illuminated recently when a federal court dismissed a plaintiff’s medical malpractice claims, not due to lack of merit but because it lacked jurisdiction over his claims. If you were harmed by a careless physician, you have the right to seek redress, and you should meet with a Maryland medical malpractice lawyer to discuss the best manner to proceed.

Factual and Procedural Background of the Case

It is alleged that the plaintiff filed a lawsuit in federal court against the defendant, arguing that the doctors it employed failed to provide him with proper medical care or prescribe him with antibiotics, despite the fact that he was suffering from an infection. He also asserted that he was unjustly asked to leave the premises. In addition to filing his pro secomplaint, he filed an application to proceed in forma pauperis. The court ultimately decided to grant his in forma pauperis application but dismissed his claims without prejudice.

Medical Malpractice Claims Pursued in Federal Courts

The federal courts have limited subject matter jurisdiction, as set forth in the federal rules. In other words, pursuant to the applicable statutes, federal jurisdiction can only be exercised over matters that present federal questions or where the amount in controversy exceeds $75,000 and the parties are of diverse citizenship. In other words, no defendant and plaintiff can reside in the same jurisdiction. Continue Reading ›

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Pharmacists are considered health care providers under Maryland law. As such, if they fail to abide by the standard of care they can be held liable for any harm caused by their negligence. Typically, to demonstrate that a pharmacist committed malpractice, a plaintiff must show that the pharmacist breached a duty owed. As such, absent proof of a duty owed, the plaintiff’s claim will most likely fail. This was evident in a recent Maryland case in which the court ruled that a pharmacist had no duty to warn a patient of the dangers of taking a medication and dismissed her claim. If you were hurt by the carelessness of a pharmacist or doctor, it is advisable to talk to a Maryland medical malpractice lawyer about your rights.

The Facts of the Case

It is reported that the plaintiff suffered permanent harm after taking a medication she was prescribed after she was exposed to toxic mold. Specifically, she developed acute gastritis, which later became chronic, and was hospitalized several times. She subsequently filed a lawsuit against the manufacturer of the drug and the pharmacy that filled her prescription. As to the pharmacy, she alleged that it failed to warn her of the potential side effects of the medication, thereby causing her harm. The defendants moved to dismiss the plaintiff’s claims. The court granted the motions.

Duties Pharmacists Owe Patients

As to the pharmacy, the court held that the plaintiff failed to state a claim for which the court could grant relief. Specifically, her complaint did not set forth facts that, if proven to be true, demonstrated a plausible right to relief. The court noted that a plausible claim must be more than merely speculative or conceivable.

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Pursuant to Maryland law, parties that wish to pursue medical malpractice claims must submit a certificate of qualified expert in conjunction with their complaint. If they fail to meet this requirement, their complaint will most likely be dismissed. While the expert providing the certificate must meet certain requirements, they do not have to practice in the precise specialty as the defendant, as discussed in a recent Maryland case. If you were harmed by a careless physician, it is important to understand what evidence you must offer to recover damages, and you should speak to a Maryland medical malpractice attorney as soon as possible.

Procedural History of the Case

It is alleged that the defendant surgically removed the plaintiff’s dental implants and installed replacements. The procedure required the defendant to create bone grafts and place the implants. The procedure ultimately failed, causing the plaintiff extreme pain. The plaintiff developed an infection and had to undergo additional surgery to remediate the issues caused by the initial procedure.

Reportedly, the plaintiff filed a medical malpractice lawsuit against the defendant. In conjunction with his complaint, he submitted a certificate of qualified expert, as required under Maryland law. The defendant moved to strike the certificate and dismiss the plaintiff’s complaint on the grounds that the expert was not qualified. The court granted the defendant’s motion, and the plaintiff appealed. Continue Reading ›

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Pursuant to state and federal law, parties are permitted to pursue civil lawsuits, including medical malpractice claims, without the assistance of an attorney. Medical malpractice cases are challenging, however, and parties that file them without legal counsel are likely to make mistakes that impact their right to recover damages. This was demonstrated in a recent Maryland opinion delivered by the district court, in which it dismissed the plaintiff’s medical malpractice claims because of a lack of jurisdiction. If you were hurt by the negligence of your doctor, it is in your best interest to retain the assistance of a Maryland medical malpractice attorney to help you pursue damages.

History of the Case

It is alleged that the plaintiff filed a lawsuit against hospital employees in the United States District Court for the District of Maryland. The plaintiff’s complaint asserted that jurisdiction was proper because the defendants forced him to do things against his will. To his complaint, he attached a document that indicated he was discharged from a psychiatric program due to his failure to comply with the program rules and an order from a judge that committed him involuntarily to the hospital where the defendants worked. The plaintiff also moved to proceed in forma pauperis. The court granted the motion but also dismissed the plaintiff’s complaint.

Jurisdiction In Medical Malpractice Matters

In the opinion dismissing the complaint, the court explained that federal courts have limited jurisdiction. As such, a federal district court may only preside over a case if it possesses the authority granted by the Constitution and statutory law to do so. Thus, if a party wishes to proceed in federal court, they must allege and, if challenged, must show that the federal court can exercise subject matter jurisdiction over the case. Continue Reading ›

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Parties in medical malpractice cases typically rely heavily on expert testimony and other evidence to establish their positions; if a party is precluded from offering certain evidence, they may be unable to prove their assertions. As such, it is not uncommon for parties in medical malpractice cases to file motions in limine prior to trial, asking the courts to limit what evidence their opponents are permitted to introduce. In a recent Maryland medical malpractice case arising out of a negligently performed spinal surgery, a court explained the grounds for granting motions in limine. If you were injured due to the carelessness of your surgeon, it is wise to confer with a Maryland medical malpractice attorney about what claims you may be able to pursue.

The History of the Case

Allegedly, the defendant performed a lumbar endoscopic discectomy on the plaintiff. The plaintiff experienced extreme pain following the procedure. During a surgical follow-up visit, the defendant advised the plaintiff that she may have re-herniated one of the discs he repaired and that she had residual scar tissue surrounding her spine. The plaintiff underwent two additional procedures on her back that were performed by other physicians but continued to experience pain.

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People who suffer harm due to the incompetence of their healthcare providers will often seek compensation via medical malpractice claims. While many people pursuing such claims will present their evidence to a jury, others will ask a judge to rule on issues of liability and damages; this was demonstrated in a recent Maryland case in which the plaintiff alleged she suffered emotional and psychological injuries because of the tortious conduct of the defendant healthcare provider’s employee. If you were injured by the carelessness of a healthcare provider, it is wise to confer with a Maryland medical malpractice lawyer to discuss your options for seeking damages.

The Facts of the Case

It is alleged that the plaintiff was treated at a medical center operated by the defendant. The plaintiff was a veteran of the United States military who suffered from multiple health issues; the medical center provided veterans with medical care. During a treatment visit, one of the defendant’s employees walked in on the plaintiff’s medical exam without permission. The plaintiff was partially disrobed at the time and undergoing an examination.

Reportedly, the employee subsequently made numerous unsolicited phone calls to the plaintiff. The plaintiff subsequently filed a lawsuit against the defendant, asserting professional negligence, vicarious liability, and other claims pursuant to the Federal Tort Claims Act. The case proceeded to a bench trial, and after examining the evidence, the court issued findings of fact and conclusions of law. Continue Reading ›

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Maryland imposes strict requirements on parties that wish to pursue medical malpractice claims. Specifically, among other things, the Maryland Code dictates that a person that wants to seek damages from a health care provider for harm related to their treatment must first fulfill certain procedural requirements. If they neglect to do so, their claim will most likely be dismissed, as demonstrated in a recent opinion issued by a Maryland court. If you were harmed by inadequate medical treatment, it is wise to talk to a Maryland medical malpractice lawyer to determine your possible claims.

The Plaintiff’s Allegations

It is reported that the plaintiff and his wife sought fertility treatment from the defendant. They underwent an IVF procedure, during which ten eggs were retrieved and fertilized. Due to COVID-19, embryo transfers were prohibited for a period of time. The plaintiff requested and ultimately received a transfer of the couple’s embryos to another facility. Due to dissatisfaction with communication with the defendant, a dispute over charges, and other issues, the plaintiff filed a medical malpractice lawsuit asserting claims against the defendant. The defendant moved to dismiss the plaintiff’s complaint due to procedural defects. The court granted the motion, and the plaintiff appealed.

Procedural Requirements for Seeking Damages for Medical Malpractice

On appeal, the court affirmed the trial court ruling. The court explained that a plaintiff that wishes to pursue a medical malpractice case must submit a claim to the Health Care Alternative Dispute Resolution Office (HCADRO) Director. They must also file a Certificate of Qualified Expert with the HCADRO director. Filing the claim and certificate with the HCADRO director are conditions precedent that must be met prior to filing an action in court. Continue Reading ›

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Under the Emergency Medical Treatment and Active Labor Act, a federal statute, healthcare providers are essentially prohibited from refusing to provide critical care to patients in emergency situations simply because the patient does not have health insurance. While the EMTALA does not supplant state medical malpractice laws, it can provide a cause of action for pursuing claims against healthcare providers. Recently, a Maryland court discussed what a patient seeking damages under the EMTALA must prove to prevail. If you suffered harm due to insufficient care during a medical emergency, it is smart to speak to a Maryland medical malpractice attorney as soon as possible.

The Facts of the Case

It is reported that the plaintiff was bitten by a Cane Corso dog when he was walking around his neighborhood. He returned home, where he proceeded to have a panic attack. He then called an ambulance and was transported to the defendant’s hospital. When he was at the hospital, he was asked if he had health insurance and stated that he did not.

Allegedly, after the conversation, the plaintiff asserts that the hospital staff did not follow critical screening protocols or the standard screening or treatment for dog bites. He was ultimately discharged with medication. He continued to complain of pain and panic attacks as a result of the dog bite. He subsequently filed a lawsuit against the defendant, asserting EMTALA claims. The defendant then moved to dismiss the plaintiff’s lawsuit. Continue Reading ›

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Pursuant to Maryland law, people harmed by medical malpractice have the right to seek compensation via civil claims. Parties that file medical malpractice lawsuits must comply with procedural rules, however, otherwise their claims may be dismissed, regardless of whether they have merit. This was emphasized recently when a Maryland court affirmed the dismissal of a medical malpractice case due to the plaintiff’s failure to properly serve the defendant. If you sustained losses because of negligent medical care, you might be owed compensation, and you should speak to a Maryland medical malpractice attorney about what you must do to establish liability.

Procedural History of the Case

It is alleged that the plaintiff filed a pro se lawsuit against the defendant seeking damages for numerous causes of action, including medical malpractice. Three weeks after the plaintiff filed his complaint, the trial court issued a writ of summons for the defendant. Approximately four months later, the defendant filed a motion to dismiss the complaint due to insufficient process, insufficient service, and lack of jurisdiction. The court granted the defendant’s motion, and the plaintiff appealed.

Procedural Rules for Pursuing Maryland Medical Malpractice Claims

On appeal, the court affirmed the trial court ruling. The court noted that the plaintiff attempted to serve the defendant on three occasions. During the first attempt, he delivered a handwritten summons that did not include the court’s seal. In the second attempt, he delivered one page of the court-issued summons but not the entire summons or the complaint. Continue Reading ›

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