Published by Arfaa Law Group
People who suffer harm due to the incompetence of their healthcare providers will often seek compensation via medical malpractice claims. While many people pursuing such claims will present their evidence to a jury, others will ask a judge to rule on issues of liability and damages; this was demonstrated in a recent Maryland case in which the plaintiff alleged she suffered emotional and psychological injuries because of the tortious conduct of the defendant healthcare provider’s employee. If you were injured by the carelessness of a healthcare provider, it is wise to confer with a Maryland medical malpractice lawyer to discuss your options for seeking damages.
The Facts of the Case
It is alleged that the plaintiff was treated at a medical center operated by the defendant. The plaintiff was a veteran of the United States military who suffered from multiple health issues; the medical center provided veterans with medical care. During a treatment visit, one of the defendant’s employees walked in on the plaintiff’s medical exam without permission. The plaintiff was partially disrobed at the time and undergoing an examination.
Reportedly, the employee subsequently made numerous unsolicited phone calls to the plaintiff. The plaintiff subsequently filed a lawsuit against the defendant, asserting professional negligence, vicarious liability, and other claims pursuant to the Federal Tort Claims Act. The case proceeded to a bench trial, and after examining the evidence, the court issued findings of fact and conclusions of law.
The Court’s Findings
As to the professional negligence claim, the court noted that medical professionals are held to the standard of care that prevails in their practice. Thus, to establish that a healthcare professional negligently performed their duties, a plaintiff must show that the defendant had a duty to comply with the standard of care, the defendant breached that duty, the plaintiff sustained an actual loss or injury, and the plaintiff’s harm proximately resulted from the defendant’s breach of the standard of care.
Pursuant to Maryland law, an employer may be held vicariously liable for the tortious behavior of an employee where the plaintiff shows the employee was acting in the course and scope of their duties.
In the subject case, the court found that the plaintiff produced adequate evidence to support her negligent supervision and professional negligence claims. As such, the court found in favor of the plaintiff on those claims and awarded her damages. It ruled in favor of the defendant on the remaining claims, however.
Talk to a Knowledgeable Maryland Medical Malpractice Attorney
People pursuing medical malpractice claims must decide if they want a judge or jury to resolve disputed issues; while most people proceed with juries, in some instances, it may be beneficial to try a case before a judge. If you were hurt by the carelessness of a healthcare provider, you have the right to pursue claims against them, and it is wise to talk to an attorney. The knowledgeable Maryland attorneys of Arfaa Law can advise you of your options and aid you in pursuing any compensation you may be owed. You can contact us by calling us at (410) 889-1850 or using our form online to set up a conference.