Baltimore Medical Malpractice Lawyer Blog

Expert testimony is essential in Maryland medical malpractice cases as it helps the jury to understand complex medical issues and determine whether the defendant breached the standard of care, causing harm to the plaintiff. Thus, if a plaintiff is precluded from offering expert testimony, it may be devastating to their claims. Not all medical professionals are qualified to testify as an expert, however. Rather, as demonstrated in a recent Maryland case, only providers that practice in the same specialty as the defendant or a related specialty will be permitted to testify on issues such as the standard of care and the defendant’s failure to uphold the standard. If you were hurt by the carelessness of a physician, you might be owed compensation, and it is smart to speak to a Maryland medical malpractice lawyer as soon as possible.

The Facts of the Case

It is reported that the plaintiff visited the defendant to obtain a chemical peel on the skin of her face. She subsequently suffered intense pain, chemical burns, and scarring. As such, she filed a lawsuit against the defendant, asserting claims of medical malpractice, failure to obtain informed consent, and other claims. The case proceeded to trial before a jury; during the trial, the court ruled that the plaintiff’s medical expert could not express an opinion about the standard of care for the chemical peel application because he was not board certified in a related specialty, as required by the Maryland Health Care Malpractice Claims Act. The plaintiff filed a motion for a new trial, which was denied by the court. The plaintiff and defendant both appealed.

Expert Testimony in Maryland Medical Malpractice Cases

On appeal, the court addressed the issue of whether the trial court erred in precluding the plaintiff’s medical expert from testifying. The court ultimately ruled that the trial court’s reasoning was sound and therefore affirmed the ruling. Maryland law provides that a healthcare provider may not be held liable for medical negligence unless it is established that the care given is not in accordance with the standards of practice among members of the same profession with similar training and experience in the same or similar communities at the time of the alleged act giving rise to the cause of action. Continue Reading ›

There are arguably benefits to pursuing claims in federal court; the process is more streamlined, cases generally move quicker, and parties must exchange disclosures, so they understand the issues early on. Only certain cases can proceed in federal court, though, and generally, those cases do not include medical malpractice claims. This was illuminated recently when a federal court dismissed a plaintiff’s medical malpractice claims, not due to lack of merit but because it lacked jurisdiction over his claims. If you were harmed by a careless physician, you have the right to seek redress, and you should meet with a Maryland medical malpractice lawyer to discuss the best manner to proceed.

Factual and Procedural Background of the Case

It is alleged that the plaintiff filed a lawsuit in federal court against the defendant, arguing that the doctors it employed failed to provide him with proper medical care or prescribe him with antibiotics, despite the fact that he was suffering from an infection. He also asserted that he was unjustly asked to leave the premises. In addition to filing his pro secomplaint, he filed an application to proceed in forma pauperis. The court ultimately decided to grant his in forma pauperis application but dismissed his claims without prejudice.

Medical Malpractice Claims Pursued in Federal Courts

The federal courts have limited subject matter jurisdiction, as set forth in the federal rules. In other words, pursuant to the applicable statutes, federal jurisdiction can only be exercised over matters that present federal questions or where the amount in controversy exceeds $75,000 and the parties are of diverse citizenship. In other words, no defendant and plaintiff can reside in the same jurisdiction. Continue Reading ›

Pursuant to state and federal law, parties are permitted to pursue civil lawsuits, including medical malpractice claims, without the assistance of an attorney. Medical malpractice cases are challenging, however, and parties that file them without legal counsel are likely to make mistakes that impact their right to recover damages. This was demonstrated in a recent Maryland opinion delivered by the district court, in which it dismissed the plaintiff’s medical malpractice claims because of a lack of jurisdiction. If you were hurt by the negligence of your doctor, it is in your best interest to retain the assistance of a Maryland medical malpractice attorney to help you pursue damages.

History of the Case

It is alleged that the plaintiff filed a lawsuit against hospital employees in the United States District Court for the District of Maryland. The plaintiff’s complaint asserted that jurisdiction was proper because the defendants forced him to do things against his will. To his complaint, he attached a document that indicated he was discharged from a psychiatric program due to his failure to comply with the program rules and an order from a judge that committed him involuntarily to the hospital where the defendants worked. The plaintiff also moved to proceed in forma pauperis. The court granted the motion but also dismissed the plaintiff’s complaint.

Jurisdiction In Medical Malpractice Matters

In the opinion dismissing the complaint, the court explained that federal courts have limited jurisdiction. As such, a federal district court may only preside over a case if it possesses the authority granted by the Constitution and statutory law to do so. Thus, if a party wishes to proceed in federal court, they must allege and, if challenged, must show that the federal court can exercise subject matter jurisdiction over the case. Continue Reading ›