It is not uncommon for people to travel to another city or state to seek medical treatment. Under normal circumstances, traveling for medical care does not present any concerns, but when the care provided causes the patient harm, an issue can arise as to what state’s laws apply in determining whether the patient’s care providers should be held liable. Recently the United States District Court for the District Court of Maryland discussed which state’s law should apply when there is a conflict in a case in which the defendant was treated in Maryland but lived in Pennsylvania. If you were harmed by out of state medical care, it is prudent to consult a proficient Maryland malpractice attorney regarding your options for seeking recourse for your injuries.
Facts Regarding the Plaintiff’s Decedent’s Treatment
It is alleged that the plaintiff’s decedent, who lived in Pennsylvania, traveled to Maryland to visit the defendant physicians who specialized in ear, nose, and throat surgery due to chronic nasal obstructions and difficulty swallowing. She underwent various tests, after which she was scheduled for a tonsillectomy, septoplasty, and reduction of turbinates. The decedent was noted to be potentially difficult to intubate, but she was intubated without issue and successfully extubated after surgery.
Reportedly the decedent was discharged home with directions to sleep with her head at a greater than 45-degree angle above her body, which she did. In the middle of the night, however, her husband found her unconscious and not breathing, and she was unable to be revived. An autopsy indicated cardiovascular disease, lung disease, and obesity were the causes of death and that no gross changes that indicated post-surgical complications were present. The plaintiff filed a medical malpractice lawsuit against the defendants in federal court in Pennsylvania that was transferred to the District Court of Maryland. Defendants then filed a motion for summary judgment. Continue Reading ›