Published by Arfaa Law Group
Victims hurt by negligent medical treatment will often pursue claims against their providers. While they may be able to seek damages via other claims as well, they must offer facts sufficient to support such causes of action; otherwise, they will be dismissed. This was illustrated in a recent ruling in which the court found that the plaintiff’s medical malpractice claims were adequate to proceed, but his claims asserting violations of consumer protection laws were vague and general and, therefore, must be dismissed. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.
History of the Case
It is alleged that the plaintiff, acting as power of attorney for the patient, filed a lawsuit against a hospital and three of its doctors, alleging negligence in the emergency medical care provided to the individual in June 2022. The patient, after experiencing severe chest pains, was transferred to the hospital, where he was diagnosed with an ascending aortic dissection and underwent emergency surgery. Post-surgery, the patient exhibited symptoms of confusion and disorientation, which the doctors noted but delayed in ordering an MRI to assess the potential neurological damage.
Reportedly, the MRI, conducted a week later, revealed that the patient had suffered a stroke, leading to significant long-term impairments. The plaintiff initially filed a complaint with two counts: medical malpractice and negligent infliction of emotional distress. The negligent infliction of emotional distress claim was later withdrawn and replaced with a consumer protection claim. The defendants moved to dismiss the consumer protection claim, leading to the court’s review.
Consumer Protection Claims in the Context of a Medical Malpractice Lawsuit
The court reviewed the defendants’ motion to dismiss, applying the legal standard for dismissal under Federal Rule of Civil Procedure 12(b)(6), which requires that a complaint state a claim that is plausible on its face.
The court noted that the consumer protection act in question prohibits unfair or deceptive trade practices, including misrepresentations about the quality of services. The plaintiff alleged that the hospital engaged in false advertising by misrepresenting the quality of its medical services through various promotional statements.
However, the court found that the statements cited by the plaintiff were non-actionable puffery, which are general, vague claims that are not measurable or likely to deceive a reasonable consumer. The court also noted that the plaintiff failed to substantiate how these statements were false or misleading. Consequently, the court granted the defendants’ motion to dismiss the claim, allowing the case to proceed solely on the medical malpractice claim.
Reach Out to an Assertive Maryland Lawyer
Negligence by doctors can result in profound consequences for patients, sometimes justifying a medical malpractice case. If you’ve experienced harm due to a physician’s carelessness, consulting a lawyer may be crucial to recovering compensation. The assertive Baltimore medical malpractice attorneys at Arfaa Law Group can review the details of your situation and help you determine the claims you can file. Schedule a consultation today by contacting us online or calling (410) 889-1850.