Medical Malpractice

Maryland Court Explains Procedural Requirements in Medical Malpractice Cases

Published on: December 27, 2022 | by Arfaa Law Group

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 ›

Maryland Court Discusses Claims Under the Emergency Medical Treatment and Active Labor Act

Published on: December 14, 2022 | by Arfaa Law Group

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 ›

Court Explains the Rules for Pursuing Maryland Medical Malpractice Claims

Published on: December 7, 2022 | by Arfaa Law Group

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 ›

Maryland Court Discusses the Procedural Rules that Apply to Medical Malpractice Cases

Published on: November 28, 2022 | by Arfaa Law Group

Maryland law affords people the right to pursue medical malpractice claims without the assistance of an attorney. All parties pursuing such claims must comply with the applicable rules of procedure; however, otherwise, their claims may be dismissed, as illustrated recently in a Maryland case. As such, in most instances, it is beneficial for a person harmed by negligent medical care to seek the assistance of an attorney. If you were harmed by an incompetent healthcare provider, it is prudent to talk to a Maryland medical malpractice attorney to determine what measures you can take to protect your interests.

The Plaintiff’s Allegations

It is reported that when the plaintiff was restrained in a federal facility, a nurse administered medication to him that was meant for another person with the same name. The drug, which was a treatment for hepatitis C, caused the plaintiff to suffer nausea, cramping, and diarrhea. He subsequently filed a federal lawsuit against the nurse, seeking compensation for her incompetence and malpractice. He filed a motion seeking permission to proceed in forma pauperis as well.

Procedural Rules Pertaining to Maryland Medical Malpractice Cases

While the court granted the plaintiff’s request to proceed in forma pauperis, it ultimately dismissed his lawsuit. It explained that the federal courts have limited jurisdiction and can only preside over matters posing a federal question or disputes between diverse parties where the amount in controversy meets the jurisdictional threshold. Continue Reading ›

Court Discusses the Evidence Needed to Establish Medical Negligence

Published on: November 22, 2022 | by Arfaa Law Group

In the majority of medical malpractice cases, the plaintiff will aver that the defendant acted negligently rather than intentionally. Thus, a plaintiff generally must establish, among other things, that the defendant owed them a duty in order to establish liability in a medical malpractice case; if they cannot, their claim may be dismissed, as demonstrated in a recent opinion delivered in a medical malpractice case. If you suffered harm because of inadequate medical care, it is essential to consult a Maryland medical malpractice lawyer to assess what evidence you must produce to recover compensation.

The Facts of the Case

It is reported that while the plaintiff was confined to a treatment facility, he willingly took a pill that was prescribed to another patient. He subsequently developed priapism and requested that a correctional officer call for medical treatment, but his requests went unheeded for an extended period of time. He asserts that the delays caused him to suffer permanent impotence. He subsequently filed a lawsuit against the defendant, the entity that operated the treatment center, alleging that its medical negligence caused his harm. The defendant then moved for summary judgment in its favor.

Evidence Needed to Establish Medical Negligence

The court granted the defendant’s motion and dismissed the plaintiff’s claims. The court explained that the plaintiff was required to offer evidence that demonstrated that the defendant was bound by a certain standard of care, it deviated from the standard, and the deviation caused the plaintiff’s harm. Continue Reading ›

Maryland Court Discusses Establishing Liability for Treatment Delays

Published on: November 15, 2022 | by Arfaa Law Group

Cancer is a devastating illness, but in many instances, patients can go into remission with treatment. Metastatic cancer, however, is usually fatal, and while treatment can help slow the progression of the disease, it cannot offer a cure. As such, a doctor’s delays in providing treatment to a patient with terminal cancer may not constitute malpractice, as demonstrated in a recent Maryland case. If you lost a loved one due to a doctor’s delays in diagnosing or treating a terminal illness, it is smart to speak to a Maryland medical malpractice lawyer about what claims you may be able to pursue.

The Facts of the Case

It is alleged that the decedent sought treatment for pian in his groin in 2013. He was subsequently diagnosed with prostate cancer. A bone scan in November 2014 showed that the cancer had spread to his hip. The cancer was reclassified as metastatic, which is fatal. The decedent treated with an oncologist for the next year and a half and then was incarcerated. During his confinement, his care was managed by the defendant health services company and its employees.

Reportedly, due to communication issues between the defendant and the decedent’s previous care providers, there was a three-month delay in prescribing and treating the decedent with a specific cancer drug. The decedent ultimately passed away, and the plaintiff brought medical malpractice claims and other causes of action against the defendant. The defendant then moved for summary judgment. The trial court granted the motion, and the plaintiff appealed. Continue Reading ›

Maryland Court Discusses Duties Imposed by the Doctor-Patient Relationship

Published on: November 6, 2022 | by Arfaa Law Group

Under Maryland law, it is anticipated that doctors will provide their patients with competent care. Thus, if a doctor fails to properly perform their professional duties and a patient suffers harm as a result, the doctor may be found liable for medical malpractice. Doctors only owe duties to their patients, however. As such, they cannot be deemed responsible for harm that arises outside of the treatment offered pursuant to a doctor-patient relationship, as shown in a recent medical malpractice ruling. If you were harmed by your healthcare provider’s recklessness, you may be owed compensation, and you should confer with a Maryland medical malpractice attorney about your potential claims.

The Facts of the Case

It is reported that the plaintiff wife underwent a cardiac ablation that was performed by the defendant. Two weeks after the ablation, she had a follow up visit with the defendant; she did not report any symptoms at that time. Eleven days later, though, she began experiencing symptoms of a stroke and was taken by ambulance to a hospital. A critical care specialist at the hospital called the defendant at the plaintiff husband’s urging and informed him of the plaintiff wife’s symptoms.

Allegedly, the specialist asked the defendant about the ablation and asked him if he had any ideas regarding the plaintiff’s symptoms. The defendant did not inform the specialist that an atrio-esophageal fistula (AEF) could be a side effect of an ablation and could cause the plaintiff wife’s symptoms. The plaintiff wife was subsequently diagnosed with AEF after she suffered a series of strokes that left her in a vegetative state. The plaintiffs instituted medical malpractice claims against the defendant, who moved for summary judgment on the grounds that there was no patient-doctor relationship at the time of the call from the specialist to the defendant. The trial court granted the motion, and the plaintiff husband appealed. Continue Reading ›

Court Discusses Expert Testimony in Maryland Medical Malpractice Cases

Published on: October 27, 2022 | by Arfaa Law Group

While there are exceptions, expert testimony is generally needed to establish the standard of care and causation in Maryland medical malpractice cases. Thus, if a plaintiff pursuing medical malpractice claims fails to offer the opinion of an expert, their claim may be dismissed, as shown in a recent opinion issued in a Maryland medical malpractice matter. If you were hurt by negligent medical care, you have the right to pursue damages, and it is smart to talk to a Maryland medical malpractice attorney as soon as possible.

The Plaintiff’s Claims

It is asserted that the plaintiff treated with numerous health care providers when he was confined to a state facility for chronic pain that he suffered following a car accident. He asserts that he suffered permanent injuries due to delays and inadequate care. As such, he filed a lawsuit against the defendants, the providers who treated him during his confinement, asserting medical malpractice and other claims. Prior to trial, the defendants moved for summary judgment on the grounds that the plaintiff failed to submit the opinion of a qualified expert in support of his claims.

The Use of Expert Testimony in Maryland Medical Malpractice Matters

The court granted the motion and dismissed the plaintiff’s medical malpractice claims. The court explained that expert testimony plays a key role in medical malpractice cases. Specifically, the prevailing belief is that in cases involving the negligence of a professional, expert testimony is usually needed to establish the standard of care, a breach of the standard, and causation. Continue Reading ›

Court Explains Timeliness of Objections in Medical Malpractice Cases

Published on: October 6, 2022 | by Arfaa Law Group

In medical malpractice cases, parties not only have to establish their respective positions but also must abide by any applicable rules of procedure. If they fail to do so, they may waive the right to assert claims or defenses. This was illustrated in a recent opinion issued in a medical malpractice case in which the court ruled that the defendant’s objection to the timeliness of the plaintiff’s appeal was itself untimely. If you suffered harm due to negligent medical care, it is advisable to contact a Maryland medical malpractice attorney as soon as possible to avoid waiving your right to pursue claims.

Procedural Background of the Case

It is reported that the plaintiff underwent abdominal surgeries at the defendant’s hospital in 2016 and 2017. Following the surgeries, she suffered numerous issues, including swelling and pain. She asserted that the defendant’s doctors performed unnecessary procedures and submitted a complaint to the hospital’s patient advocate seeking compensation, but it denied her request.

Allegedly, the plaintiff then filed a medical malpractice case against the defendant. The court dismissed it with prejudice, and she appealed. She sought to appeal the dismissal but did not file her notice within the time required, and the court dismissed it as untimely. She then sought leave to file a new medical malpractice complaint against the defendant. The court denied her motion, and she appealed. The defendant objected to her appeal as untimely. Continue Reading ›

Court Discusses Federal Jurisdiction Over Medical Malpractice Claims

Published on: September 28, 2022 | by Arfaa Law Group

Federal courts have limited jurisdiction. In other words, they can only hear cases that set forth federal questions or set forth claims that meet the minimum amount of controversy and arise between diverse citizens. As such, medical malpractice claims typically do not fall within the purview of the federal courts. While federal courts often do not have original jurisdiction over Maryland medical malpractice claims, they can exercise supplemental jurisdiction over them if they are filed in cases that also assert federal questions. If the federal question claims are dismissed, it is likely that the medical malpractice claims will be dismissed without prejudice as well, as discussed in a recent Maryland case. If you were hurt by a doctor’s negligent care, it is in your best interest to talk to a Maryland medical malpractice lawyer to determine what measures you must take to protect your interests.

Factual and Procedural Background of the Case

It is alleged that the plaintiff was confined to a federal facility. While there, he made numerous requests for treatment of chronic back and nerve pain, but his requests were denied. He subsequently filed a lawsuit against the doctor and nurse in charge of his medical care in the facility, stating, among other things, that their negligent failure to provide him with necessary medical care caused him harm. He asserted federal claims against the defendants as well. The defendants moved for summary judgment, arguing in part that the plaintiff’s medical malpractice claims should be dismissed because he failed to comply with the requirements imposed by the Maryland Health Care Malpractice Claims Act (the Act).