Nurse Negligence

Maryland Court Talks Federal Jurisdiction Over Medical Malpractice Claims

Published on: December 23, 2023 | by Arfaa Law Group

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 ›

Court Discusses Establishing the Existence of a Treatment Relationship in a Malpractice Case

Published on: September 24, 2021 | by Arfaa Law Group

Doctors that fail to provide their patients with competent care may be deemed liable for medical malpractice. While there are multiple elements a plaintiff seeking damages for medical malpractice must establish, the core element is a doctor-patient relationship. If a plaintiff cannot establish that such a relationship existed, it will most likely result in a dismissal of their claims. This was demonstrated in a recent case in which a pro se plaintiff sought damages for what she alleged constituted medical malpractice. If you were hurt by incompetent medical care, it is smart to speak to a Maryland medical malpractice lawyer regarding what evidence you must produce to recover damages.

The Plaintiff’s Allegations

It is reported that the plaintiff was an employee at the bank when she filed a claim for disability benefits through the bank’s disability program. The defendant nurse was the nurse case manager assigned with administering the plaintiff’s leave. She did not treat the plaintiff, however. The plaintiff and the bank’s insurer later disagreed as to whether she could return to work.

Allegedly, the plaintiff stated she incurred substantial medical costs and lost thirty percent of her salary for three months because she was not allowed to resume her job duties. She then filed a lawsuit against many of the parties associated with handling her disability claim, including the defendant nurse, who she alleged committed medical malpractice. The defendant nurse moved to dismiss the plaintiff’s claims on the grounds that she failed to state a claim for damages. The court ultimately ruled in favor of the nurse. Continue Reading ›

New Study Highlights Nurse Practitioners and Doctors Face Similar Liability Risks

Published on: March 27, 2018 | by Arfaa Law Group

Have you or someone you love been harmed by a medical mistake at a hospital? If so, you should reach out to a seasoned Baltimore hospital malpractice attorney who can help you understand your rights. At Arfaa Law Group, we can seek a settlement that is appropriate for the losses that you have incurred, but we are also prepared to advocate for your rights at trial if necessary. You can trust that we are prepared to aggressively assert your rights and get you the compensation you need to move on with your life.

A study recently issued by The Doctors Company reveals that the allegations in medical malpractice lawsuits against nurse practitioners (NPs) do not differ drastically from those made against primary care doctors. The study by the country’s largest physician-owned medical malpractice insurer is based on almost 1,500 claims filed against NPs and family medicine and internal medicine doctors between the dates of January 2011 and December 2015. The key findings from the study were as follows:

Diagnosis-related and medication-related claims were similar for NPs and primary care doctors;