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Doctors often make patients sign consent forms before they render treatment. Many people sign such forms without reading the terms, which in some cases results in the unwitting waiver of the right to pursue claims against the doctor. Merely because a party signs a blanket waiver does not automatically mean they will be precluded from filing medical malpractice claims, though, as demonstrated in a recent Maryland case. If you suffered harm due to a carelessly performed procedure, you have the right to seek compensation, and you should speak to a trusted Maryland medical malpractice lawyer about your potential claims.

The Facts and History of the Case

It is alleged that the plaintiff sought treatment from the defendant due to blurry vision. The defendant asked the plaintiff a few questions but only performed a cursory examination. The plaintiff returned to the defendant’s office three weeks later with similar complaints. The defendant examined him and determined he was suffering from a detached retina and needed emergency surgery.

It is reported that the plaintiff underwent the procedure but suffered permanent injuries in his left eye. He subsequently filed a medical malpractice lawsuit against the defendant. The defendant removed the case to federal court and then filed a motion to dismiss or alternatively a motion for summary judgment. Continue Reading ›

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It is not uncommon for Maryland hospitals to hire doctors to work as independent contractors in their emergency rooms. If such physicians make mistakes that ultimately make mistakes that harm patients, the hospital typically will not be held vicariously liable for the doctor’s negligence. There are exceptions, though, such as liability based on the doctrine of apparent agency, as demonstrated in a recent Maryland medical malpractice case. If you were injured due to negligent care in a hospital setting, you might be owed damages, and it is prudent to meet with a Maryland medical malpractice lawyer to determine your possible claims.

Facts of the Case

It is reported that the plaintiff visited the defendant hospital’s emergency room following a motorcycle collision that caused him to suffer critical harm. While at the hospital, he suffered further injuries due to the negligence of the trauma surgeon that operated on him. The plaintiff filed a lawsuit seeking damages from both the surgeon, for medical malpractice and the hospital, for vicarious liability.

Allegedly, the hospital argued that it could not be vicariously liable for the acts of the surgeon as he was an independent contractor, not an employee.  The case proceeded to trial, and the jury returned a verdict in favor of the plaintiff, finding that the surgeon was an agent of the hospital and the hospital was vicariously liable for his negligence. The hospital moved for judgment notwithstanding the verdict, and the court granted the motion. The plaintiff appealed. Continue Reading ›

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While many people undergo surgery without any complications, there are risks associated with most procedures, and problems that arise during what seems like a routine procedure can result in lifelong impairment. To ensure that their patients adequately understand the potential issues that they could face, doctors have an obligation to advise patients of the potential consequences of surgery prior to getting their permission to proceed. If they fail to do so, they may be liable for the failure to obtain informed consent, as demonstrated in a recent opinion issued in a Maryland medical malpractice case. If you suffered harm due to the negligence of a doctor, it is smart to talk to a Maryland medical malpractice lawyer about your potential claims.

Factual and Procedural Background of the Case

It is reported that the plaintiffs’ infant son underwent a routine tonsil removal and bilateral implantation of tubes in his ears. During the surgery, the infant went into cardiac arrest and suffered a lack of oxygen to the brain, causing him to suffer permanent brain damage. The plaintiffs subsequently instituted a medical malpractice lawsuit against the defendants, the doctors who performed the surgery, pursuant to the Federal Tort Claims Act.

Allegedly, they asserted, in part, a lack of informed consent claim in which they alleged that the defendants failed to disclose the material consequences and risks associated with the surgery in consideration of the fact that the infant had sickle cell anemia and reactive airway disease. The court subsequently set forth findings of fact and conclusions of law. Continue Reading ›

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For various reasons, many medical malpractice cases never proceed to trial; some are settled while others are resolved via summary judgment. Either party can seek a summary judgment and the burden of proof is the same for both plaintiffs and defendants. Recently, a Maryland court discussed what a party must prove to obtain judgment in their favor as a matter of law in a dental malpractice case. If you were harmed by a negligent dentist, you should meet with a trusted Maryland dental malpractice lawyer to discuss what damages you may be owed.

The Facts of the Case

It is reported that the plaintiff presented to the defendant’s office for potential treatment of dentition. The defendant’s employee discussed a treatment that would entail the removal of her remaining upper teeth and the use of a prosthesis that would be fitted onto dental implants in place of the teeth. The plaintiff consented to the procedure, even though she did not speak to an actual dentist during the visit.

Allegedly, the plaintiff underwent the procedure, after which she experienced poor fit, breakage, and loosening, among other things. The plaintiff filed a lawsuit against the defendant, asserting claims of dental malpractice. After the completion of discovery, the defendant moved for summary judgment. Continue Reading ›

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Doctors accused of committing medical malpractice will often try to avoid liability by claiming factors other than their negligence caused their patients harm. For example, they may argue that an outside force intervened and brought about the injury in question, thereby superseding their fault. Recently, a Maryland court examined superseding and intervening causes in a medical malpractice case in which the defendant relied on the defense to avoid liability. If you were harmed by the negligence of a doctor, you might be owed compensation, and you should speak to an assertive Maryland medical malpractice lawyer about your possible claims.

Facts of the Case

It is alleged that the decedent visited the defendant, an anesthesiologist and pain management doctor, for treatment of chronic pain in her neck and arm. The defendant administered an epidural steroid injection to the plaintiff. In the week after the injection, the decedent began experiencing double vision, balance issues, nausea, and vomiting.  She was admitted to the hospital but rapidly declined, and she passed away approximately two weeks after the injection.

Reportedly, the decedent’s cause of death was determined to be fungal meningitis. The plaintiff filed a medical malpractice lawsuit against the defendant, arguing that she negligently used drugs from a compounding pharmacy and that such drugs caused the decedent’s illness and eventual demise. The defendant argued that the pharmacy’s conduct was a superseding and intervening cause of the decedent’s death and requested a jury instruction on such causes. The court granted her request, and the jury ultimately found that the defendant was negligent, but the pharmacy’s acts were the superseding and intervening cause of the decedent’s death. The plaintiff appealed. Continue Reading ›

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Advances in medicine have greatly improved the treatment options for many people suffering from cancer. A prompt diagnosis is key to a good prognosis, however. Thus, missed or delayed diagnosis often negatively impacts a person’s health and long-term survival rates, and doctors that fail to diagnose their patients with cancer may be liable for medical malpractice. Recently, a Maryland court discussed what evidence a plaintiff must offer to establish that a delayed diagnosis caused actual harm, in a matter in which it ultimately dismissed the plaintiff’s claims. If you or a loved one suffered losses due to a doctor’s failure to offer a timely diagnosis, it is smart to meet with a Maryland medical malpractice lawyer to discuss your rights.

The Facts of the Case

It is reported that the decedent presented to the emergency department of a hospital in May 2015 with complaints of back pain, abdominal pain, and nausea. He underwent an examination and diagnostic imaging. The results of his tests were reviewed by the defendant, who determined that no abnormalities were present. The decedent was diagnosed with pancreatitis and discharged.

Allegedly, in November 2015, the decedent returned to the emergency department with complaints of abdominal pain, and additional images of his abdomen were obtained. Upon review of the images, the treating doctor observed a pancreatic body mass. The decedent was diagnosed with pancreatic cancer and died the following month. The plaintiff, as representative of the decedent’s estate, filed a medical malpractice lawsuit against the defendant, arguing that his failure to diagnose the decedent caused measurable harm. The defendant moved for summary judgment, and the court granted his motion. The plaintiff appealed. Continue Reading ›

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Patients generally anticipate that their treatment providers will provide them with thorough and adequate care. If a physician carelessly neglects to live up to such an expectation, it may cause their patient to suffer significant harm. Additionally, depending on the environment in which the doctor’s negligence occurs, it may be grounds for pursuing claims that the doctor acted with deliberate indifference, in violation of their patient’s constitutional rights. There are key distinctions between medical negligence and deliberate indifference claims, however, and it is critical that a plaintiff hurt by a doctor’s recklessness carefully consider which claims they choose to pursue; otherwise, they may waive their right to recover damages. This was demonstrated recently in a Maryland case in which the court dismissed the plaintiff’s claims, finding that the sounded in medical negligence rather than deliberate indifference. If you were harmed by incompetent medical care, it is wise to talk to a  Maryland medical malpractice lawyer about your potential claims.

The Facts of the Case

It is reported that the plaintiff was confined to a federal facility. During his confinement, he received medical care for numerous issues, including high blood pressure, leg pain, and asthma. He allegedly suffered harm due to the negligence of his treatment provider, and filed a federal lawsuit against them, arguing that the inadequacies of their care amounted to a violation of his constitutional rights. The defendants filed a motion to dismiss or, in the alternative for summary judgment, arguing that the plaintiff failed to set forth assertions that would allow him to recover under his claims.

Distinctions Between Medical Negligence and Deliberate Indifference

The court explained that the plaintiff’s claims that he did not receive his blood pressure medication or undergo regular blood pressure checks were not adequate to demonstrate a violation of his constitutional rights. Specifically, such assertions sounded in negligence, and would solely allow him to pursue medical malpractice claims against the defendants, rather than deliberate indifference claims. Continue Reading ›

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People aggrieved by incompetent medical care have the right to seek damages from the providers responsible for their harm via medical malpractice claims. There are fees associated with pursuing such claims, though, and some people may be hesitant to file them out of fear that they cannot afford the costs. Fortunately, the law allows people who meet certain requirements to proceed in forma pauperis, which means that they can avoid many of the financial obligations associated with seeking compensation for medical negligence. They must ensure that their claims are properly pled; however, and if they are not, both their request to proceed in forma pauperis and their claims may be dismissed. If you were harmed by the negligence of your treatment provider, it is in your best interest to confer with a skilled Maryland medical malpractice lawyer to discuss what you must show to recover damages.

The Facts of the Case

It is alleged that the plaintiff visited the emergency room of the defendant hospital in February 2022 with complaints of chest pain and difficulty breathing. He alleged that the defendant’s staff was gravely incompetent in that it failed to take or consider his complete medical history and painfully administered IV therapy. Further, he alleged that he was wrongfully discharged despite having pneumonia and fluid in his lungs.

It is reported that the defendant attributed the failings of the defendant’s staff to a pattern of racism towards people of color. He subsequently filed a federal lawsuit against the defendant and a petition to proceed in forma pauperis. Continue Reading ›

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Doctors undergo years of training and education to ensure that they possess the knowledge and skills needed to provide their patients with competent care. Despite this fact, doctors can commit errors in judgment that cause their patients to suffer lifelong harm. Fortunately, Maryland law permits patients injured by negligent medical care to pursue medical malpractice claims against their doctors, and patients that successfully establish liability may be awarded significant damages. While compensation alone cannot make up for the loss of a person’s health, it can validate the significance of their losses and help them obtain the resources needed to move forward in their lives. This was illustrated recently when a Maryland jury awarded a plaintiff in a medical malpractice case $5 million for harm suffered at the hands of her doctor. If you suffered injuries due to incompetent medical care, you have the right to pursue claims against your doctor, and you should speak with a Maryland medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm

It is alleged that the plaintiff sought treatment from the defendant in 2014 for abdominal pain and gastrointestinal issues. At their initial visit, she advised the defendant of her symptoms and that she had a family history of pancreatic cancer. The defendant, a gastroenterologist, recommended that the plaintiff undergo a diagnostic procedure that involved using a scope that was inserted through the mouth to examine the pancreas, liver, and other parts of the digestive system.

It is reported that the plaintiff consented to the procedure, but shortly after it was completed, she began to experience severe abdominal pain and visited the emergency department of a hospital. She was diagnosed with pancreatitis, which was deemed a result of the test. She subsequently filed a medical malpractice lawsuit against the defendant, alleging in part that she was hospitalized for almost a year and now has to take medication every time she eats to allow her body to break down her food. She further asserted that the defendant failed to obtain her informed consent in that he neglected to advise her that pancreatitis was a risk of the procedure. Continue Reading ›

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While most people pursue medical malpractice claims with the assistance of attorneys, some are tempted to seek compensation on their own to save money. In many cases, though, the decision to proceed pro se has unfortunate consequences. This was illustrated in a recent opinion in which the court dismissed the plaintiff’s medical malpractice claims due to her failure to comply with the procedural requirements established by the Federal Tort Claims Act (the Act). If you were injured by medical negligence, it is advisable to contact a Maryland medical malpractice lawyer to assess your options.

The Facts of the Case

It is reported that the plaintiff sought treatment at a federally funded medical facility. She alleges she was refused treatment for kidney stones, which ultimately caused her suffering and pain. She instituted a lawsuit against the medical facility without the assistance of an attorney, asserting a negligence claim. The United States moved to substitute itself as a defendant and to dismiss the plaintiff’s claims. Upon review of the pleadings, the court granted both motions.

Requirement Imposed by the Federal Tort Claims Act

The court explained that as the medical facility was federally funded and the plaintiff alleged that she was harmed by the facility’s employees while they were working in the scope of their employment, the United States was the proper defendant. The court dismissed the plaintiff’s claims, however, due to her failure to exhaust her administrative remedies as required under the Act. Continue Reading ›

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