Published by Arfaa Law Group
People injured by incompetent medical care will often pursue claims against the physicians and entities responsible for their harm. If they do, they must ensure they set forth the proper allegations and follow any procedural rules to avoid dismissal of their actions, as illustrated in a recent Maryland medical malpractice case in which the court dismissed the pro se plaintiff’s lawsuit. If you were injured by medical negligence, it is smart to confer with a Baltimore medical malpractice lawyer to discuss your options.
Factual and Procedural Background
It is alleged that the plaintiff, who was in custody of the federal government at a facility in Maryland, filed a civil suit asserting claims under the Federal Tort Claims Act. The defendants named in the suit included the United States, along with several individual defendants holding official and personal capacities, including physicians and others on the medical and administrative staff at the federal facility.
Reportedly, the plaintiff alleged medical negligence claims and other causes of action stemming from the management of the COVID-19 pandemic at the facility and inadequate medical treatment for his conditions, including asthma. After initial procedural maneuvers, including a dismissal of claims for injunctive relief and subsequent motions, the defendants filed a second motion to dismiss or for summary judgment.
Medical Malpractice Claims Under Maryland Law
The court reviewed the case primarily through the lens of motions to dismiss under the Federal Rules of Civil Procedure, considering the sufficiency of the pleadings and the allegations made by the plaintiff. The court’s ruling addressed multiple facets of the plaintiff’s claims. First, regarding the conditions at the facility during the COVID-19 pandemic, the plaintiff alleged that the defendants failed to implement adequate safety measures, leading to his contraction of COVID-19 and subsequent “Long COVID” symptoms. The court found that these claims fell under the discretionary function exception of the FTCA, which shields the government from liability for discretionary actions.
Second, regarding the plaintiff’s medical treatment claims, specifically related to the denial of adequate care for his asthma and COVID-19 symptoms, the court considered whether these amounted to medical malpractice under Maryland law. The court acknowledged the requirement for a plaintiff to establish a breach of the standard of care and causation but found that the plaintiff’s allegations did not sufficiently meet this standard. Furthermore, the court addressed The plaintiff’s claim about the unauthorized opening of his legal mail, determining that he had failed to exhaust administrative remedies as required under the FTCA.
Ultimately, the court granted the defendants’ motion to dismiss the plaintiff’s claims, emphasizing the jurisdictional bars under the FTCA’s discretionary function exception, failure to exhaust administrative remedies, and inadequacy of pleadings to establish plausible claims for relief. However, the court allowed The plaintiff thirty days to amend his FTCA claims related to medical care deficiencies.
Consult with a Capable Maryland Medical Malpractice Lawyer
If you were harmed due to a doctor’s medical errors, it is beneficial to consult with a lawyer to evaluate your potential claims. The qualified Baltimore medical malpractice attorneys at Arfaa Law Group can analyze your potential claims and help you take the steps necessary to protect your rights. To set up a meeting, reach out through our online form or by calling (410) 889-1850.