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Typically, medical malpractice claims are pursued in state court. In some cases, however, a defendant may attempt to move a case to federal court with the hopes that they will have a better chance of obtaining a verdict in their favor. The federal courts have limited jurisdiction, however, and can only preside over certain cases. Recently, a Maryland federal district court analyzed whether it had jurisdiction over lack of informed consent claims and other causes of action asserted in a class-action lawsuit relating to the implantation of defective medical devices. If you were injured by a doctor’s failure to advise you of the risks associated with a procedure, you have the right to seek compensation, and it is smart to meet with a Maryland medical malpractice lawyer to discuss what compensation you may be owed.

The Plaintiff’s Allegations

It is alleged that each of the fourteen plaintiffs underwent surgical fusion of their spines at the defendant medical center. The operations were performed by the defendant doctor, who employed hardware manufactured by the defendant company during the procedure. The plaintiffs asserted that the defendant doctor failed to advise the plaintiffs that the hardware was not cleared or approved by the Federal Food and Drug Administration (FDA) prior to implanting it. The plaintiffs subsequently suffered failure of the hardware and had to undergo surgical removal. They filed a class action lawsuit in Maryland state court against the defendants alleging lack of informed consent and other claims. The defendants then removed the case to federal court. The plaintiffs moved to remand the case back to state court.

A Federal Court’s Jurisdiction Over Lack of Informed Consent Claims

The court ultimately granted the plaintiff’s motion. The court explained that a party named as a defendant in a state civil lawsuit can remove the matter to federal court but only if the federal court can exercise jurisdiction over one or more of the claims. The party seeking to remove a case to federal court must establish the federal court’s jurisdiction. Continue Reading ›

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When people visit medical facilities for emergent care, they generally expect the care to be competent. Unfortunately, however, emergency medical staff can sometimes fail to address concerning symptoms causing a patient to suffer a rapid decline. In such cases, the injured party may be able to pursue claims against the parties responsible for their damages. While it may seem as if liability is clear in many medical malpractice cases, whether the treatment providers will be deemed negligent as a matter of law depends on the sufficiency of the evidence produced by the plaintiff, as discussed in a recent opinion delivered by a Maryland Court. If you sustained injuries due to the carelessness of a treatment provider, you may be owed damages, and you should contact a trusted Maryland medical malpractice lawyer to assess your options.

The Decedent’s Care

It is alleged that the decedent was treated at the defendants’ facility for psychiatric issues. The defendants did not provide non-psychiatric care; instead, if they observed that a patient suffered from issues that required medical attention, they would refer the patient to specialty care. While the decedent was an in-patient in the facility, he developed edema in his legs, pitting, and balance and mobility issues, and reported extreme pain. The defendants’ staff members did not physically assess his legs, however. The decedent died during his admission and the plaintiff filed a lawsuit against the defendants asserting medical negligence claims and other causes of action. The plaintiff then moved for a ruling in his favor via summary judgment.

Sufficiency of Medical Malpractice Allegations

The court declined to grant the plaintiff’s motion noting that he did not offer sufficient support for his claims that defendants should be held liable for medical negligence to garner judgment in his favor as a matter of law. Specifically, his assertions mostly included illustrations that showed the changes to the decedent’s body in the last days of his life. He also set forth statements alleging that the facts showed the defendants’ staff completely departed from the duty owed on the decedent’s last days and that the defendants’ failure to visualize the decedent’s legs and conduct pain assessments constituted negligence as a matter of law. Continue Reading ›

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People housed in federal facilities unfortunately often suffer a variety of injuries, including losses caused by incompetent medical care. Thus, if they proceed to pursue claims against the parties responsible for their harm, their lawsuit may include not only claims but also other causes of action. If a plaintiff’s complaint sets forth causes of action arising out of both state and federal law, they will most likely file it in federal courts. While the federal courts can resolve medical malpractice claims arising out of state law if they accompany federal question claims, if the court subsequently dismisses the plaintiff’s federal claims, it will most likely decline to hear their state claims as well. This was illustrated in an opinion recently set forth by a Maryland court, in which the court dismissed the plaintiff’s medical malpractice claims for procedural reasons rather than their lack of merit. If you were injured by incompetently rendered health care in a facility operated by the federal government, you have the right to seek compensation, and it is advisable to confer with a skilled Maryland medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm

It is alleged that the plaintiff was living in a federal facility located in Maryland. While there, the defendant, a staff member of the facility, forged the plaintiff’s signature on a blood draw waiver, which resulted in the cancellation of his blood draw. He asserted he suffered mental distress as a result and subsequently filed numerous state and federal claims, including medical negligence, against the defendant and other staff members in the federal district court. The defendants moved to dismiss his claims. The court granted the motion as to the federal claims then addressed his medical negligence claims.

Federal Court’s Supplemental Jurisdiction Over Medical Malpractice Claims

The court held that to the extent that the plaintiff’s complaint set forth claims that the defendant engaged in medical negligence, it would not exercise supplemental jurisdiction over them. The court explained that pursuant to the Federal Rules of Civil Procedure, a federal district court has the authority to decline to exercise supplemental jurisdiction over claims if the court has already dismissed all of the claims over which it had original jurisdiction. Continue Reading ›

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People housed in federal facilities are unfortunately often subject to extreme indifference at the hands of the medical professionals who work in such facilities. Further, they are frequently victims of medical malpractice. As such, it is not uncommon for them to assert medical malpractice and a variety of other claims against the negligent party in one complaint. While medical malpractice claims typically arise under state law, federal courts can adjudicate them alongside other claims in certain situations. If the other claims are dismissed, however, it is not uncommon for the court to dismiss the medical malpractice claims as well, regardless of whether they have merit. This was demonstrated recently in a lawsuit filed in the United States District Court for the District of Maryland. If you suffered harm because of the negligence of a health care provider, you could be owed compensation, and you should contact a trusted Maryland medical malpractice lawyer regarding your rights.

The Plaintiff’s Allegations

It is reported that the plaintiff was housed in a federal facility. While there, he suffered harm in two separate incidents involving health care providers. In the first incident, he was given medication that caused him to suffer an allergic reaction, which he was advised was a common side effect after the fact. In the second incident, he was exposed to COVID-19. He subsequently filed a lawsuit against the defendants, setting forth multiple claims, including medical malpractice. The defendants then moved to dismiss the case in its entirety.

Supplemental Jurisdiction Over State Medical Malpractice Claims

Much of the court’s opinion focused on issues other than the alleged medical malpractice. To the extent the plaintiff asserted medical malpractice claims, however, the court specifically declined to exercise additional jurisdiction over them. According to the Federal Rules of Civil Procedure, a district court may decline to exercise additional jurisdiction over a state law claim if it has already dismissed all connected claims over which it held original jurisdiction. Continue Reading ›

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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. Continue Reading ›

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Doctors faced with claims that they committed medical malpractice will often deny liability. In some instances, they will assert that other factors caused the plaintiff’s injuries and may go so far as to argue that the plaintiff is responsible for the harm they allegedly suffered.  As demonstrated in a recent Maryland birth injury case, however, the argument that the plaintiff assumed the risk of harm is not valid in a medical malpractice case. If your child suffered harm at birth due to the negligence of a doctor, it is advisable to contact a skilled Maryland medical malpractice lawyer to discuss what evidence you must produce to recover compensation.

The Facts of the Case

It is reported that the plaintiff mother presented to the labor and delivery unit of a hospital when she was thirty-three weeks pregnant. At the time, she had high blood pressure and was experiencing vaginal bleeding. The defendant induced labor, but after four hours, she noticed the fetus’s heart rate was dropping. As such, she made the decision to perform a non-emergency cesarean section. She began to perform the procedure, but seven minutes passed between the time she made the incision in the uterus and when the infant was delivered.

Allegedly, the infant was born without a heart rate and needed 22 minutes of resuscitation. Tragically, he passed away a short time later. The plaintiff mother filed a medical malpractice lawsuit against the defendant on behalf of herself and the infant’s estate. The defendant argued that the plaintiff assumed the risk of harm and was contributorily negligent, and the plaintiff filed a motion for summary judgment on the issues. Continue Reading ›

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In the United States legal system, parties will typically pursue claims arising out of state law in state court. While federal courts will handle state law claims in some cases, they are courts of limited jurisdiction. Thus, they will often decline to exercise jurisdiction over certain matters, like medical malpractice claims. This was demonstrated recently in a Maryland case in which the court dismissed the plaintiff’s medical malpractice lawsuit that she filed in the United States District Court for the District of Maryland. If you were harmed by incompetent medical care, you may be owed compensation, and it is in your best interest to meet with a dedicated Maryland medical malpractice lawyer to assess your potential claims.

The Facts of the Case

It is alleged that the plaintiff sought treatment at the defendant hospital. The precise nature of the plaintiff’s ailment and subsequent care was not explained in the court’s opinion. Regardless, it is clear that she suffered harm, which she argued arose out of medical negligence. As such, she filed a medical malpractice complaint against the defendant in the United States District Court for the District of Maryland. After reviewing the complaint, however, the court determined that it must be dismissed.

Federal Jurisdiction Over Medical Malpractice Claims

The court explained that federal courts have limited jurisdiction. As such, they can only handle cases if they possess the power to do so, as granted by the Constitution or a statute. If a party decides to pursue a matter in federal court, then they must allege that the federal court has subject matter jurisdiction over the case, and if the court’s jurisdiction is challenged, must prove that it is valid. Continue Reading ›

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Many medical facilities throughout Maryland are operated or funded by the federal government. As such, if a patient suffers harm due to incompetent care received in a federal facility, they may be able to assert claims for damages caused by the negligent health care provider pursuant to the Federal Tort Claims Act. While claims against federal facilities and their employees generally must be brought in federal court, medical malpractice claims arising out of state law must be pursued in state court, as discussed in a recent Maryland ruling. If you were injured by the incompetence of a doctor, it is advisable to speak to a knowledgeable Maryland medical malpractice lawyer to evaluate your options.

The Plaintiff’s Harm

It is alleged that the plaintiff was treated at the defendant facility with the defendant doctor for mental health issues. The defendant doctor prescribed the plaintiff medication, which he alleged caused him to suffer migraines, issues concentrating, and bloody urine. Additionally, he asserted that the defendant doctor prescribed him other medication that caused weight gain and blurred vision.

Continue Reading ›

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Mistakes made during labor and delivery can have devastating consequences, and in many instances, the harm suffered is permanent. While no amount of money can compensate for the loss of the ability to lead a healthy life, parents of children who suffer life-altering birth injuries can often recover significant compensation. This was demonstrated recently in a verdict issued by a Baltimore jury, awarding a family almost thirty-five million dollars for harm suffered by an infant shortly after birth. If your child suffered injuries at birth due to the negligence of their treatment providers, you might be owed damages, and you should consult an assertive Maryland medical malpractice lawyer to determine your rights.

The Infant’s Harm

It is reported that the mother delivered the plaintiff infant and his twin brother on August 19, 2007, which was approximately one month before they were due. The twin brother was born without complications, but the plaintiff infant had difficulty breathing after he was delivered. He was apneic as a result of his breathing issues and initially required ventilation via a bag mask valve. He was then able to breathe on his own and was admitted to an intensive care nursery at 5:00 am. Allegedly, he was healthy at that time.

Allegedly, the plaintiff infant suffered an apneic episode fifteen minutes later, however, and began having difficulty breathing. The hospital staff began to try different methods to improve his breathing but did not contact the on-call doctor until 5:40 am when the plaintiff infant’s condition rapidly worsened. He began to turn blue, and his oxygen levels were dangerously low. He ultimately had to be intubated and suffered brain damage, cerebral palsy, and other medical issues, which were caused by the lack of oxygen. Continue Reading ›

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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 ›

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