Published by Arfaa Law Group
Under Maryland law, people harmed by the carelessness of their treatment providers have the right to seek compensation for their losses. They must abide by the applicable procedural rules, however, and if they do not, their claims may be dismissed. This was illustrated in a recent matter filed in the United States District Court for the District of Maryland, in which the court dismissed the plaintiff’s medical malpractice claims. If you sustained injuries because of incompetent medical care, you might be owed damages, and you should speak to a Maryland medical malpractice lawyer to evaluate your options.
The Plaintiff’s Allegations
It is reported that the plaintiff underwent treatment at a clinic that offered low-cost medical care for residents of Montgomery County. He alleged that he was subject to unjust treatment and that he suffered harm due to the dental care provided by the defendant dentist. Thus, he filed a lawsuit with the United States District Court for the District of Maryland, asserting, among other things, a medical malpractice claim against the defendant dentist.
Allegedly, he argued that the defendant breached the applicable standard of care by failing to perform a tooth extraction. The defendant moved to dismiss the plaintiff’s medical malpractice claim on the grounds that the plaintiff failed to comply with the requirements for pursuing such claims as set forth under Maryland law.
Requirements for Pursuing a Medical Malpractice Claim in Maryland
Upon review, the court agreed with the defendant dentist and dismissed the plaintiff’s claims. The court explained that under Maryland’s Healthcare Malpractice Claims Act, a plaintiff must first file a claim with the Maryland Health Care Alternative Dispute Resolution office. The requirement is a precondition to filing a medical malpractice lawsuit. In other words, if the plaintiff fails to meet this requirement, the court cannot validly exercise jurisdiction over their claims.
In the subject case, the court agreed with the defendant dentist’s argument. Specifically, it found that there were no facts asserted in the plaintiff’s complaint that suggested he complied with the requirement that he first file a claim with the Maryland Health Care Alternative Dispute Resolution office and wait the required time period prior to filing his medical malpractice claims against the defendant. As the plaintiff did not abide by his statutory obligations, the court dismissed his medical malpractice claims. It did so without prejudice, however, thereby permitting him to pursue them in state court.
Confer with an Experienced Maryland Medical Malpractice Attorney
Doctors have an obligation to provide their patients with thorough and competent care, and if they fail to do so, they can be held liable for any harm that ensues. If you are the victim of medical negligence, it is wise to confer with an attorney to discuss what steps you must take to recover damages. The experienced Maryland attorneys of Arfaa Law Group can advise you of your potential claims and aid you in pursuing the best legal outcome available under the facts of your case. You can contact us via our online form or at (410) 889-1850 to set up a meeting.