Baltimore Medical Malpractice Lawyer Blog

Maryland Court Explains Requirements of the Health Care Malpractice Claims Act

Published on: December 14, 2021 | by Arfaa Law Group

In Maryland, healthcare providers that provide incompetent treatment can be held accountable for any damages that subsequently arise from their incompetence via medical malpractice claims asserted in state court. Patients pursuing medical malpractice claims against their doctors must comply with the procedural requirements established by Maryland law, however. If they do not, their claims may be dismissed, regardless of whether they are valid. This was demonstrated recently in a Maryland ruling in which the court affirmed the dismissal of the plaintiff’s case due to her failure to comply with the Maryland Health Care Malpractice Claims Act (HCMCA). If you sustained losses due to the carelessness of your doctor, it is smart to confer with an experienced Maryland medical malpractice lawyer as soon as possible.

The Plaintiff’s Allegations

Allegedly, the plaintiff’s daughter died in December 2017. The medical examiner determined that she died due to Diltiazem intoxication and ruled the death a suicide. Following the decedent’s death, however, the plaintiff found a prescription provided to the decedent by the defendant doctor for a daily dosage of 480 mg of Diltiazem. Thus, the plaintiff filed a medical malpractice lawsuit against the defendant, alleging the decedent’s Diltiazem intoxication was provoked by the defendant’s prescription. The defendant moved to dismiss the plaintiff’s complaint on the grounds that she failed to comply with the requirements of the HCMCA prior to pursuing her claims. The trial court granted the defendant’s motion, and the plaintiff filed an appeal.

The Maryland Health Care Malpractice Claims Act

On appeal, the appellate court affirmed the trial court ruling. The appellate court explained that the HCMCA demands that all claims against a health care provider in which the plaintiff seeks damages for a medical injury must be filed with the Health Care Alternative Dispute Resolution Office (HCADRO). Among other things, the HCADRO administers a non-binding arbitration procedure. Pursuant to Maryland law, if a plaintiff files a medical malpractice lawsuit without first filing a claim with the HCMCA, the court must dismiss the case. In the subject action, the plaintiff alleged that the defendants, all of whom were health care providers, negligently treated her daughter, thereby causing her death. Continue Reading ›

Maryland Court Discusses Federal Jurisdiction Over Medical Malpractice Claims

Published on: December 7, 2021 | by Arfaa Law Group

While it rarely occurs, it is possible for a medical provider that causes a patient harm to commit other grievances as well. As such, a person harmed by medical malpractice may assert numerous causes of action in one lawsuit against the provider that caused their harm, and in many instances, such matters are pursued in the federal courts. Whether the federal courts will exercise jurisdiction over state medical malpractice claims depends on multiple factors, as discussed in a recent Maryland ruling in which the court ultimately dismissed the plaintiff’s case in its entirety. If you were harmed by a negligent healthcare provider, you have the right to seek damages for your losses, and you should speak to a skilled Maryland medical malpractice lawyer as soon as possible.

Procedural History of the Case

It is reported that the plaintiff was housed in a federal facility when he sustained an injury to his left hand. He sought treatment for his injury from a nurse in the facility. He was diagnosed with a “boxer’s fracture” and treated with an arm sling, a wrap, and a splint. At some point, he refractured his finger. He alleges that after his second fracture, he did not receive pain medication or a wrap to stabilize his finger for three weeks.

Maryland Court Assesses Medical Malpractice Claims Asserted in Federal Lawsuits

Published on: November 26, 2021 | by Arfaa Law Group

The medical care offered to people who are housed in federal facilities, unfortunately, is often inadequate. People who sustain injuries due to such incompetent care have the right to pursue claims against the parties responsible for their harm, however. In many instances, such claims will arise under both state and federal law. While a plaintiff is permitted to pursue state law medical malpractice claims and allegations that the defendant violated their civil rights in one lawsuit, there are often practical challenges with asserting both claims in one case. This was demonstrated recently in an opinion issued by a Maryland court in a matter in which it dismissed the plaintiff’s federal complaint, which included medical malpractice claims. If you were injured by a reckless healthcare provider, you might be owed compensation, and it is in your best interest to confer with a Maryland medical malpractice lawyer regarding your potential claims.

The Facts of the Case

It is reported that the plaintiff was housed in a facility owned by the defendant. He alleged that during his stay, he received inadequate medical care for his anxiety, depression, and post-traumatic stress disorder. He subsequently filed a pro se federal lawsuit against the defendant, arguing his civil rights were violated. The plaintiff’s complaint also asserted medical negligence claims that arose out of state law. The defendant moved to dismiss the plaintiff’s case in its entirety. After reviewing the complaint, the defendant’s motion, and the plaintiff’s response, the court found in favor of the defendant and dismissed the plaintiff’s claims.

Medical Malpractice Claims Asserted in Federal Lawsuits

While the court discussed the factual sufficiency of the plaintiff’s federal claims, it did not do so for the plaintiff’s medical malpractice claims. Instead, it merely declined to exercise supplemental jurisdiction over them due to the fact that it dismissed all claims over which it has original jurisdiction. The court noted that the claims were not dismissed with prejudice, and therefore, the plaintiff could pursue them in state court if he so pleased. Continue Reading ›

Maryland Court Discusses Federal Court Jurisdiction Over Medical Malpractice Claims

Published on: November 20, 2021 | by Arfaa Law Group

Notwithstanding claims asserted under the Federal Tort Claims Act, medical malpractice claims are typically pursued in state court. In some instances, however, a plaintiff will set forth claims that sound in medical malpractice in a lawsuit that is filed in federal court and largely asserts federal claims. While the federal courts generally are permitted to exercise jurisdiction over state medical malpractice claims, they typically decline to do so. This was illustrated in a recent case in which the court dismissed the plaintiff’s lawsuit, which included both federal claims and state medical malpractice claims in its entirety. If you suffered harm due to inadequate medical care, you might be able to pursue claims for damages from your provider, and you should consult a Maryland medical malpractice attorney to assess your options for seeking compensation.

The Facts of the Case

It is reported that while the plaintiff was staying in a long-term facility operated by the defendant, he sustained a bladder and urinary tract infection. He subsequently suffered complications due to the infection and had to be hospitalized due to blood clots in his bladder. He ultimately filed a lawsuit against the defendant, asserting multiple federal claims, as well as state medical malpractice claims. The defendant moved to dismiss the complaint in its entirety, arguing that the plaintiff failed to set forth facts, that if proven, would allow him to recover under any theory of liability. The court granted the defendant’s motion.

A Federal Court’s Jurisdiction Over Medical Malpractice Claims

In dismissing the plaintiff’s complaint, the court expressly declined to exercise supplemental jurisdiction over his medical negligence allegations. The court explained that, pursuant to the Federal Rules of Civil Procedure, a district court could decline to exercise supplemental jurisdiction over a state law claim if it has dismissed all of the related claims over which it had original jurisdiction. Continue Reading ›

Court Explains Pleading Requirements in Maryland Medical Malpractice Claims

Published on: November 12, 2021 | by Arfaa Law Group

Some people harmed by incompetent medical care wish to seek compensation from their providers but are reluctant to hire an attorney due to misapprehensions regarding the cost of legal representation. Medical malpractice cases are typically complex, however, and involve an intricate interplay of legal and factual issues. As such, people who attempt to pursue medical malpractice claims without the assistance of an attorney may unknowingly fail to take the actions necessary to preserve their rights. This was demonstrated in a recent Maryland opinion issued in a case in which the plaintiff’s convoluted complaint that included medical malpractice claims and other assertions was ultimately dismissed. If you were injured due to the reckless acts of a physician, it is in your best interest to meet with a Maryland medical malpractice lawyer to discuss your potential claims.

Factual and Procedural Background of the Case

It is reported that the plaintiff was hospitalized, after which he was transferred to the defendant’s facility, a treatment center that offered patients physical rehabilitation and medical services. He was admitted to the facility for approximately six months. He was then involuntarily discharged for failing to make payments for services rendered by the defendant. He subsequently filed a pro se lawsuit against the defendant, asserting numerous claims sounding in civil rights violations, discrimination, and medical malpractice. The defendant moved to dismiss the plaintiff’s claims, arguing that he failed to set forth allegations sufficient to establish any plausible claim for relief. Alternatively, the defendant argued that two of the plaintiff’s claims, which sounded in malpractice, must be dismissed because he did not exhaust his administrative procedures as required under the Maryland Health Care Malpractice Claims Act.

Maryland Court Discusses Notice Requirements Under the FTCA

Published on: November 4, 2021 | by Arfaa Law Group

Many medical facilities are funded and operated by the federal government. Patients who suffer harm due to incompetent care rendered in such a facility may be able to recover damages, but they typically must comply with the requirements imposed by the Federal Tort Claims Act (FTCA), as their claims will ultimately be pursued against the federal government. The duties that arise out of the FTCA are strictly construed, and the failure to abide by such obligations may be fatal to a plaintiff’s claim. This was demonstrated in a recent opinion issued by the United States Court of Appeals for the Fourth Circuit in which the court affirmed the dismissal of the plaintiff’s medical malpractice case. If you suffered harm due to the negligence of a health care provider, it is sensible to consult a Maryland medical malpractice lawyer promptly to prevent the inadvertent waiver of your right to recover damages.

The Facts of the Case

Reportedly, the decedent underwent treatment at a federally funded hospital. He subsequently died due to complications from liver cancer. The plaintiff, the decedent’s wife, filed a lawsuit against the federal government, seeking damages for the decedent’s death, pursuant to the FTCA. The plaintiff alleged, in part, that the defendant’s doctors negligently failed to screen the decedent for liver cancer. The defendant moved for summary judgment, arguing that the plaintiff’s claims were barred by the applicable statute of limitations. The court granted the motion, and the plaintiff appealed.

Notice Requirements Under the FTCA

After reviewing the pleadings and evidence of record, the appellate court affirmed the trial court ruling. The court explained that absent a waiver, the United States is shielded from liability in civil lawsuits via sovereign immunity. The FTCA acts as a waiver of such immunity but only allows parties to pursue claims against the government if they comply with certain terms and conditions.

While the government consents to suits seeking damages for the harm caused by its employees while acting in the scope of their employment, such claims are barred unless they are presented to the appropriate federal agency, in writing, within two years of the date when the claim accrues. The court elaborated that a claim accrues when the plaintiff either knows or reasonably should know of both the harm suffered and the cause of the harm. In the subject case, the trial court determined that the plaintiff’s claims accrued in 2011, but she failed to file her administrative tort claim until 2014. Thus, her claims were barred by the statute of limitations. Continue Reading ›

Maryland Jury Awards Parents Over $1 Million in Birth Injury Wrongful Death Case

Published on: October 28, 2021 | by Arfaa Law Group

Many parents are apprehensive about the births of their children. While a variety of concerns may cause expectant parents anxiety, they rarely anticipate that they will lose their child due to the incompetence of their treatment providers. Unfortunately, some fetuses suffer harm before birth that is ultimately fatal, and in many cases, such injuries are caused by the recklessness of healthcare professionals. Parents who suffer the loss of their children at birth can often recover substantial damages, as demonstrated in a recent wrongful death verdict issued in a birth injury case in Baltimore. If your child suffered harm at birth due to the carelessness of a medical provider, it is in your best interest to speak to a knowledgeable Maryland birth injury lawyer as soon as possible to avoid waiving your right to seek redress.

The Plaintiff’s Allegations

It is reported that the mother arrived at the defendant hospital in active labor and at full term shortly after midnight on July 19, 2015. Four hours later, she began receiving doses of the hormone oxytocin to help her deliver. The fetus first displayed signs of cardiac distress around 9:00 am when a sensor indicated a heart rate of 160 beats per minute. The defendant directed the staff not to take any action, however.

According to the complaint, the mother began complaining of severe abdominal pain three and a half hours later. She was not taken to the operating room until 2:00 pm, though, at which time the defendant obstetrician-gynecologist performed an emergency cesarean section. Tragically, the baby was born with no detectable heart rate and resuscitation attempts were ineffective. In February 2018, the parents filed a wrongful death case against the hospital and the obstetrician-gynecologist. Continue Reading ›

Maryland Court Discusses Party’s Rights in Medical Malpractice Cases

Published on: October 22, 2021 | by Arfaa Law Group

Attorneys have a duty to advocate on behalf of their clients. Thus, if an attorney and their client disagree as to how to litigate a matter or an attorney does not feel it can adequately represent a client’s interests, it may withdraw from the case. In doing so, however, the attorney must comply with certain procedural rules; otherwise, it may adversely affect their client’s rights. In a ruling recently set forth in a medical malpractice case, a court explained a plaintiff’s recourse when an attorney withdraws from a case without following proper procedure. If you were harmed by medical negligence, it is smart to consult a skillful Maryland medical malpractice lawyer to assess your options for seeking compensation.

Procedural History of the Case

It is reported that the plaintiff sought treatment with the defendant for anorectal health issues. The defendant ultimately performed surgery on the plaintiff to alleviate his symptoms. The plaintiff asserts the defendant did not perform the procedure properly, causing him to suffer permanent harm, physical and emotional suffering and pain, and other damages. He filed a medical malpractice lawsuit against the defendant but failed to comply with the scheduling order.

Allegedly, after numerous discovery delays, the defendant moved for sanctions. The plaintiff’s attorney took responsibility for the delays but shortly thereafter moved to withdraw from the case. The court granted the motion but refused the plaintiff’s subsequent motion to extend discovery deadlines. The defendant then filed a motion to dismiss the case, and the court granted the motion. The plaintiff appealed. Continue Reading ›

Maryland Court of Appeals to Address Whether the Wrongful Death Act Allows for Damages for Reduced Life Expectancy

Published on: October 13, 2021 | by Arfaa Law Group

In an opinion delivered in July, the Court of Special Appeals of Maryland ruled that Maryland’s wrongful death statute must be strictly construed, and therefore, a decedent’s beneficiaries cannot recover damages by showing that the defendant’s negligence shortened the life of the decedent, unless they establish that the defendant also caused the decedent’s death. The ruling may be overturned, however, as the Court of Appeals recently agreed to examine the lower court finding to determine a patient’s terminal condition can give rise to a wrongful death claim based on the assertion that they would have lived years longer if the diagnosis had been made and life-prolonging therapy started sooner. If you suffered the loss of a loved one because of medical negligence, it is advisable to speak to a trusted Maryland medical malpractice lawyer to discuss what damages you may be owed.

The Decedent’s Family’s Appeal

It is reported that the Court of Appeals agreed this month to examine a lower court finding that said family members suing for wrongful death must establish that the doctor’s carelessness caused their loved one’s death, not just that they were denied additional time with them. The decedent’s family lost their appeal to the Court of Special Appeals, which dismissed their argument that she would have lived another 2 1/2 years if the defendant had correctly identified her deadly breast cancer in 2013.

The Previous Ruling

In July, the Maryland Court of Special Appeals held that the state’s wrongful death legislation must be strictly construed to apply solely when a wrongful act causes the death of another, as the law states. The court said in its ruling that the defendant’s alleged failure to diagnose the decedent’s fatal cancer did not cause her death because an accurate diagnosis would not have prevented her death from the disease. The court explained that, in a wrongful death suit, death is the only injury for which plaintiffs can sue. Continue Reading ›

Maryland Court Discusses Pursuing Damages Under the Federal Tort Claims Act

Published on: October 8, 2021 | by Arfaa Law Group

It is not uncommon for people treated in federal facilities to suffer harm due to incompetent medical care. While people injured by the medical negligence of federal employees have the right to pursue damages, they generally must comply with the rules set forth under the Federal Tort Claims Act (the FTCA) and any other applicable laws; otherwise, their claims may be dismissed. This was explained in a recent ruling in which a Maryland court illustrated the pre-requisites for pursuing medical malpractice claims in federal court. If you suffered damages due to the carelessness of your treatment provider, it is advisable to meet with a Maryland medical malpractice lawyer to evaluate your options for pursuing compensation.

History of the Case

It is reported that the plaintiff, who lived in a federal facility, fell from his bed and injured his leg. He visited the medical department, where he was examined and underwent an x-ray. He was informed that his x-ray did not indicate any injuries to his leg and knee and was directed to exercise. A month later, he returned to the medical center as his pain had increased to the point where he could no longer walk but was merely diagnosed with a muscle strain.

Allegedly, an additional x-ray taken approximately nine months after his fall indicated he suffered from avascular necrosis in his right hip and would need to undergo a hip replacement. He then filed a lawsuit against his treatment providers and the federal government, asserting, among other things, medical malpractice claims under the FTCA. The defendants moved to dismiss the claims, arguing that the plaintiff failed to comply with the proper procedure for pursuing such claims. Continue Reading ›