Articles Posted in Medical Malpractice

College athletes generally accept the risk that they may suffer injuries in a game. If an injured student receives incompetent medical care, their injuries may become exacerbated. Simply because a student waives the right to seek damages from a university for harm suffered while playing a sport does not mean they cannot pursue claims against a negligent health care provider that treats them after their injury, as demonstrated in a recent Maryland ruling. If you sustained injuries because of inadequate care you received in a hospital, you should consult a Maryland medical malpractice attorney to determine what claims you may be able to pursue.

Background of the Case

It is reported that the plaintiff played field hockey for the university she attended. During a game, she sustained a blow to the head. She subsequently sought treatment at a military primary care facility, where she was diagnosed with sinusitis. Her symptoms lingered, however, and she was eventually diagnosed with a concussion and post-concussive syndrome. She then filed a lawsuit naming the federal government as the defendant. In her complaint, she alleged that the doctor that treated her at the facility was negligent, and the government was vicariously liable for the harm caused by the doctor. The case proceeded to a bench trial.

The Court’s Findings

One of the primary issues at trial was whether the defendant could be held vicariously liable for the acts of the doctor that treated the plaintiff. The court noted that there was ample evidence that the treating physician breached the applicable standard of care and that the breach proximately caused the plaintiff’s harm. Specifically, he neglected to perform tests to determine if the plaintiff suffered a concussion or preclude her from playing in games or practice until her symptoms abated and his omissions proximately caused the plaintiff to suffer harm. Continue Reading ›

Under Maryland law, a plaintiff pursuing medical malpractice claims must comply with certain prerequisites. For example, they must file a statement of claim, certificate of qualified expert and report, and claim form with the Maryland Health Claims Alternative Dispute Resolution Office (HCADRO) within six months of the date of harm. As recently discussed by a Maryland court, however, the failure to do so will not automatically result in the dismissal of the plaintiff’s claims against the federal government in federal court. If you sustained losses due to a careless physician, you should meet with a Maryland medical malpractice attorney to discuss what steps you must take to protect your rights.

Background of the Case

It is alleged that the plaintiff, a veteran, sought treatment from a federally owned military hospital for plantar warts on his foot. He underwent a surgical removal of the warts after which he experienced extreme pain. His symptoms would not abate despite continuous treatment. He subsequently file an administrative claim related to his care with the Navy.

Doctors often make patients sign consent forms before they render treatment. Many people sign such forms without reading the terms, which in some cases results in the unwitting waiver of the right to pursue claims against the doctor. Merely because a party signs a blanket waiver does not automatically mean they will be precluded from filing medical malpractice claims, though, as demonstrated in a recent Maryland case. If you suffered harm due to a carelessly performed procedure, you have the right to seek compensation, and you should speak to a trusted Maryland medical malpractice lawyer about your potential claims.

The Facts and History of the Case

It is alleged that the plaintiff sought treatment from the defendant due to blurry vision. The defendant asked the plaintiff a few questions but only performed a cursory examination. The plaintiff returned to the defendant’s office three weeks later with similar complaints. The defendant examined him and determined he was suffering from a detached retina and needed emergency surgery.

It is reported that the plaintiff underwent the procedure but suffered permanent injuries in his left eye. He subsequently filed a medical malpractice lawsuit against the defendant. The defendant removed the case to federal court and then filed a motion to dismiss or alternatively a motion for summary judgment. Continue Reading ›

While most people pursue medical malpractice claims with the assistance of attorneys, some are tempted to seek compensation on their own to save money. In many cases, though, the decision to proceed pro se has unfortunate consequences. This was illustrated in a recent opinion in which the court dismissed the plaintiff’s medical malpractice claims due to her failure to comply with the procedural requirements established by the Federal Tort Claims Act (the Act). If you were injured by medical negligence, it is advisable to contact a Maryland medical malpractice lawyer to assess your options.

The Facts of the Case

It is reported that the plaintiff sought treatment at a federally funded medical facility. She alleges she was refused treatment for kidney stones, which ultimately caused her suffering and pain. She instituted a lawsuit against the medical facility without the assistance of an attorney, asserting a negligence claim. The United States moved to substitute itself as a defendant and to dismiss the plaintiff’s claims. Upon review of the pleadings, the court granted both motions.

Requirement Imposed by the Federal Tort Claims Act

The court explained that as the medical facility was federally funded and the plaintiff alleged that she was harmed by the facility’s employees while they were working in the scope of their employment, the United States was the proper defendant. The court dismissed the plaintiff’s claims, however, due to her failure to exhaust her administrative remedies as required under the Act. Continue Reading ›

Many health care facilities in and around Maryland are funded and operated by the federal government. As such, if a party wishes to pursue medical malpractice claims for harm caused by incompetent treatment in such facilities, they typically must comply with the Federal Tort Claims Act (FTCA), and if they fail to do so, their claims may be dismissed. This was illustrated in a recent ruling in which the court dismissed a pro se plaintiff’s medical malpractice claim due to his failure to exhaust his administrative remedies. If you were injured by inadequate medical treatment, you have the right to seek damages, and it is in your best interest to confer with a Maryland medical malpractice attorney.

The Plaintiff’s Reported Harm

It is alleged that the plaintiff received treatment from the defendant, a federally certified provider, while he was incarcerated. He alleged that the defendant’s employees offered him negligent care by failing to provide him with adequate pain medication or necessary tests. As such, he filed a medical malpractice claim against the defendant. The defendant moved the case to federal court, and the United States government moved to substitute itself as the defendant and to dismiss the plaintiff’s claims.

Requirements for Pursuing Medical Malpractice Claims Under the FTCA

The court ultimately granted the defendant’s motions. With regard to the plaintiff’s claims pertaining to the administration of pain medication, the court found that he failed to exhaust his administrative remedies as required by the FTCA. Specifically, he only filed one administrative tort claim, and it failed to describe the facts out of which the claim arose with sufficient specificity to allow the agency to investigate his claim. Thus, it was dismissed. Continue Reading ›

People who suffer harm due to incompetent medical care can seek damages via medical malpractice claims. Only treatment administered in the context of a medical relationship will give rise to liability, however. This was demonstrated in a ruling in which the court dismissed the plaintiff’s medical malpractice claims on the grounds that she could not prove that a treatment relationship existed. If you were hurt by an incompetent health care provider, you may be able to pursue a claim for damages, and you should consult a Maryland medical malpractice lawyer regarding your possible claims.

The Plaintiff’s Allegations

It is alleged that the plaintiff suffered an injury at work, after which she filed a disability claim. As part of the claim process, she underwent an independent medical examination, and her disability leave was managed by a nurse case manager. She attempted to return to work on numerous occasions but was advised she would not be released from the disability program until she authorized the release of her medical information. She ultimately returned to work but was terminated a few months later.

It is reported that the plaintiff, acting pro se, subsequently filed a lawsuit asserting medical negligence and malpractice claims against the supervisor of the nurse case manager responsible for handling her claim. The defendant moved the case to federal court and then moved to dismiss the plaintiff’s claims. Continue Reading ›