Published by Arfaa Law Group
State and federal law aims to protect the rights of all citizens. Thus, if a party who wishes to pursue medical malpractice claims against health care providers that caused them harm lacks the means to pay the fees associated with pursuing such claims, they can ask the court to permit them to proceed in forma pauperis. Even if a court grants such a request, it may ultimately dismiss a medical malpractice claim due to the litigant’s failure to comply with the applicable rules of procedure, as demonstrated in a recent ruling issued in a Maryland medical malpractice case. If you were hurt by the incompetence of a medical professional, you should meet with a Baltimore medical malpractice attorney to determine what damages you may be able to pursue.
Case Setting
It is alleged that the plaintiff filed a pro se complaint against the defendant government agency, the United States, and the State of Maryland, alleging medical malpractice and other claims. The plaintiff, who was currently unhoused, sought leave to use a P.O. box instead of a residence address. She also moved to seal her court records, aiming to protect her P.O. Box address and private information on a USB drive sent to the Clerk of Court. Finally, she alleged she could not afford to pay the applicable legal filing fees and filed a motion to proceed in forma pauperis. The court approved the sealing of the USB drive and the address but ultimately dismissed the case without prejudice.
Specificity of Medical Malpractice Complaints
While the court granted the plaintiff’s various motions, it determined that the complaint, which spanned 96 pages, could not survive. In doing so, the court emphasizes the necessity for pro se litigants to adhere to the Rules of Civil Procedure. Specifically, the court highlighted that Rule 8(a) requires a clear and concise statement of jurisdictional grounds and the claim.
Here, the court found that it was clear that the plaintiff was bringing claims against the Social Security Administration, the United States, and the State of Maryland, alleging medical malpractice and denial of federal and state benefits. The court found, however, that the complaint lacked specificity and failed to establish a cognizable medical malpractice claim.
The court elaborated that the extensive and unclear nature of the plaintiff’s claims hampered their comprehensibility. Further, the court found the plaintiff’s demands for an injunction and unspecified damages to be overbroad. Consequently, despite granting the plaintiff’s application to proceed in forma pauperis, the court dismissed the case without prejudice for failure to satisfy Rule 8.
Talk to a Capable Maryland Attorney
People hurt by negligent health care providers have the right to pursue damages to compensate them for their losses, but medical malpractice cases are complicated and difficult to handle without the assistance of an attorney. If you were hurt by a careless physician, the capable Baltimore medical malpractice lawyers at Arfaa Law Group can inform you of your rights and aid you in pursuing the best legal outcome possible in your case. To arrange a consultation, you can contact us through our online form or by calling (410) 889-1850.