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When healthcare providers face liability for incompetent medical care, it is uncommon for them to admit fault. In some cases, they may go as far as to blame the plaintiffs for the injuries they sustained, arguing their carelessness caused or contributed to their harm. In Maryland and many other jurisdictions, contributory negligence is a valid defense. In a recent opinion issued in the federal court for the District of Columbia, the court explained what a defendant must show to establish a plaintiff’s contributory negligence in a medical malpractice case. If you were injured by a reckless physician, it is smart to meet with a trusted Maryland medical malpractice lawyer to discuss your potential claims.

The Plaintiff’s Injuries

It is reported that the plaintiff was a college student who played field hockey for her school. She suffered a concussion during a game, after which she visited the team trainer, who made an appointment for her to be seen by the defendant, the team physician. The defendant examined the plaintiff but did not believe she sustained a concussion and advised her to sit out for two games but did not offer any other treatment.

Allegedly, several months later, the plaintiff was treated with a neurologist who determined that, contrary to the defendant’s assertions, the plaintiff suffered a concussion and now had post-concussive syndrome. Thus, the plaintiff filed a lawsuit against the university and the defendant alleging, among other things, medical negligence claims. Following discovery, the parties moved for summary judgment. The defendants argued that the plaintiff was contributorily negligent and therefore should be denied the recovery of damages as a matter of law. Continue Reading ›

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It is not uncommon for injuries caused by medical malpractice to occur simultaneously with other harm. In such cases, the injured party may be able to pursue numerous causes of action in a single lawsuit. Depending on where the matter is filed, though, the dismissal of one claim may result in the court’s refusal to preside over the remaining claims. This was demonstrated in a recent Maryland case in which the court declined to exercise jurisdiction over state medical malpractice claims after dismissing federal claims. If you suffered harm because of negligent medical care, it is advisable to speak to a seasoned Maryland medical malpractice lawyer about your options for seeking compensation.

The Plaintiff’s Harm

It is reported that the plaintiff was living in a federally owned facility when he fell down the stairs. He immediately began to experience pain and swelling in his right foot and ankle and visited the medical unit of the facility. He was provided a muscle rub and an ace bandage and advised to call the medical unit if his symptoms worsened. He was not advised to follow up and did not undergo any x-rays. His symptoms became more severe, and numerous days later, he was taken to the hospital, where it was determined that he suffered a fracture.

The plaintiff filed a lawsuit against the defendant in the Maryland district court, alleging violation of his Eighth Amendment rights against the wanton and unnecessary infliction of pain. He filed a supplemental complaint as well, alleging medical malpractice claims against the defendant and arguing that the court had supplemental jurisdiction over such claims. The defendant moved to dismiss the plaintiff’s Eighth Amendment claims on the grounds he had not alleged sufficient facts that, if proven to be true, would allow him to recover compensation. The court granted the defendant’s motion to dismiss, then began to analyze the plaintiff’s medical malpractice claim. Continue Reading ›

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Parents anticipating the birth of their children typically do not expect problems to arise during their delivery. Tragically, however, some infants die shortly after they are born due to errors made by medical professionals. While parents who lose their children due to birth injuries have the right to seek compensation for their losses, when the paternity of a deceased child is not clear, it may impact the father’s right to pursue claims against negligent healthcare providers. This was demonstrated in a recent Maryland ruling, in which the court affirmed the dismissal of the putative father’s claims. If your child sustained an injury at birth, it is prudent to speak to a Maryland birth injury attorney about your rights as soon as possible.

The History of the Case

It is reported that the mother, how was expecting twins, was treated by the defendant obstetricians throughout her pregnancy. The twins were delivered by the defendants, and sadly, one twin died shortly thereafter. The paternity of the twins was disputed, and the plaintiff filed an action to establish paternity. A DNA test revealed him to be the father, but the court did not issue an order to that effect.

Allegedly, the mother explored the option of filing a medical malpractice lawsuit and entered into a stipulation with the defendant in which the defendant agreed to toll the statute of limitations for a wrongful death claim. The mother later filed claims against the defendant. The plaintiff moved to intervene, but the mother objected to the motion on the grounds that it was untimely. His motion was denied, and he appealed. Continue Reading ›

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Frequently, there are multiple healthcare providers involved with the care of expectant mothers. For example, they may be treated by doctors, nurses, and in hospital settings. As such, if a child suffers a birth injury due to negligent prenatal care, the infant’s parents may be able to pursue malpractice claims against multiple entities. As shown in a recent Maryland case, though, plaintiffs must prove that each practitioner violated the applicable standard of care, and if they do not, some or all of their claims may be dismissed. If your child sustained an injury at birth because of incompetent medical care, it is wise to meet with a trusted Maryland birth injury lawyer to discuss your possible claims.

The Mother’s Care and Subsequent Claims

It is reported that the plaintiff mother was pregnant with the plaintiff infant and was treated by the defendant doctor throughout her pregnancy. She visited the defendant doctor when she was 37 weeks pregnant, which was considered full term, and reported reduced fetal movement. Her blood pressure was elevated, and a urinalysis revealed protein in her urine. She was then sent to the defendant hospital for further evaluation. After she was admitted, the defendant nurse took her blood pressure four times and noted it was increasing, and additional testing indicated she had protein in her urine.

Allegedly, the plaintiff mother was discharged that day. Four days later, she again visited the defendant doctor due to reduced fetal movement. Her blood pressure was elevated, and there was protein in her urine. As such, the defendant doctor proceeded with an emergency Caesarean section. The plaintiff infant was diagnosed with hypoxic-ischemic encephalopathy, which was caused by insufficient oxygen during birth. The plaintiffs then filed a medical malpractice lawsuit against the defendants, asserting their negligence caused the plaintiff infant to suffer birth injuries. The defendants moved for summary judgment, arguing the plaintiff failed to establish they breached the applicable standard of care. The court granted the motion as to the defendant hospital, and defendant nurse and the plaintiffs appealed. Continue Reading ›

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When a doctor improperly performs a dental procedure, it can lead to decay, tooth loss, and lasting pain. Thus, a person harmed by a negligent dentist may be able to recover damages via a malpractice lawsuit. As with malpractice claims against doctors, though, people seeking compensation for harm caused by careless dentists must comply with jurisdictional and procedural rules; otherwise, their claims may be denied. This was demonstrated in a recent opinion in which the court dismissed the plaintiff’s claims because of his failure to abide by the conditions precedent under Maryland law. If you were harmed by a careless dentist, it is smart to speak to a Maryland medical malpractice lawyer to determine whether you may be owed compensation.

The Plaintiff’s Injuries

It is reported that the defendant performed oral surgery on the plaintiff, which involved exposing the bone under his bottom gum, grinding it down, and closing the gum with sutures. After the surgery, the plaintiff’s lower dentures no longer fit properly. He was then advised that the surgery should not have been performed and that he would need dental implants. As such, he filed a lawsuit against the defendant in federal court, arguing he committed malpractice by performing the surgery.  The defendant filed a motion to dismiss, arguing that the court lacked jurisdiction over the claims. The court ultimately granted the motion.

Pursuing Malpractice Claims in Maryland Federal Courts

Federal courts have limited jurisdiction. Thus, they must assume that a matter lies outside of their jurisdiction unless proven otherwise. The party asserting that jurisdiction is proper bears the burden of establishing subject matter jurisdiction. Typically, federal courts can only hear claims arising out of federal questions or where there is a diversity of citizenship, which requires the parties to be residents of different states and the amount in controversy exceeds $75,000. In the subject case, the court noted that the plaintiff had not alleged diversity jurisdiction or that the parties were citizens of different states. As such, the court found that diversity jurisdiction had not been established. Continue Reading ›

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Many Maryland veterans seek treatment from medical centers dedicated to caring for people who have served in the military. Such facilities are typically funded by the federal government, and therefore, any patient harmed by negligent medical care received at these centers will bring claims against the treating physician under the Federal Tort Claims Act (the Act). While the Act allows parties to pursue claims against a doctor that commits malpractice, exceptions to the Act may limit claims against the hospitals that employ negligent practitioners. The discretionary function exception to the Act was the topic of a recent Maryland opinion, in a case in which the court ultimately dismissed the plaintiff’s negligent hiring and supervision claims. If you are the victim of a doctor’s negligence, it is in your best interest to meet with a Maryland medical malpractice lawyer to discuss your potential claims as soon as possible.

The Plaintiff’s Harm

Allegedly, the plaintiff presented to the defendant facility for numerous mental health disorders. He began treating with a therapist, and the two eventually began a sexual relationship. The therapist often insisted that the plaintiff engage in sexual relations with her, advising him that it was a way to cure intimacy issues that stemmed from his childhood.

Reportedly, the plaintiff ended the relationship with the therapist after approximately a year and filed a medical malpractice lawsuit, asserting, in part, negligent hiring, supervision, and retention claims against the facility.  The defendant moved to dismiss the plaintiff’s claims on the grounds they were barred by the discretionary function exception of the Act. The trial court granted the motion, and the plaintiff appealed. Continue Reading ›

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Most laypeople do not have independent knowledge regarding the level of care doctors must provide to their patients. Thus, in a case in which a plaintiff alleges that a physician breached the applicable standard of care and committed malpractice, the plaintiff typically must provide an expert report in support of his or her position. The need for expert testimony in a medical malpractice case was the topic of a recent opinion issued in a case in which the plaintiff asserted medical negligence claims against the defendant. If you suffered injuries because of inept medical treatment, you might be owed damages, and you should speak to a Maryland medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm

Reportedly, the plaintiff received care at a hospital managed by an agency of the federal government for an ulcer. He was prescribed medication and discharged but later developed periodontitis. He then filed a medical malpractice lawsuit against the federal government pursuant to the Federal Tort Claims Act, arguing that the medication caused his periodontitis and other harm. Following the close of discovery, the defendant moved for dismissal of the plaintiff’s claims via summary judgment, arguing in part that the plaintiff failed to produce expert testimony in support of his claims.

Expert Testimony in Medical Malpractice Cases

The court explained that, under the relevant law, the plaintiff was required to demonstrate the applicable standard of care, a departure from the standard by the defendant, and a causal relationship between the departure and the plaintiff’s harm. Typically, the court noted, each of these elements must be established by expert testimony in medical malpractice cases. Continue Reading ›

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In Maryland, there are statutory procedural requirements parties must comply with prior to pursuing medical malpractice claims. People that fail to abide by the rules may be denied the right to seek damages from their medical providers. Recently, a Maryland court addressed the issue of whether the dismissal of a medical malpractice case was appropriate where a plaintiff fulfilled his duties as to some, but not all, of the claims he asserted. If you were harmed by inadequate medical care, it is advisable to meet with a Maryland medical malpractice lawyer promptly to avoid waiving your right to pursue damages.

Background of the Case

It is alleged that the plaintiff was treated by the defendants for various medical conditions. In 2010, he tested positive for hepatitis B and hepatitis C. He was not treated for hepatitis C for two years after his diagnosis, however, and believed that his treatment for hepatitis B was inadequate. Thus, he filed a medical malpractice lawsuit against the defendants, alleging the care they provided fell below the applicable standard. The defendants then filed motions to dismiss the plaintiff’s complaint alleging, in part, that the plaintiff should not be permitted to proceed on the claims related to the treatment of his hepatitis B, as he failed to comply with the procedural requirements established by Maryland law.

Requirements Under the Maryland Health Care Malpractice Claims Act (HCMCA)

In Maryland, all lawsuits and claims against a health care provider for harm caused by medical negligence must be pursued in accordance with the HCMCA. There are several conditions a plaintiff must comply with prior to filing a medical malpractice claim. First, they must file a certificate of a qualified expert with the Health Care Alternative Dispute Resolution Office (HCADRO), setting forth the applicable standard of care and the manner in which the standard was breached. Continue Reading ›

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People harmed by incompetent medical care can seek damages from the health care providers that caused their injuries. They are only afforded one chance to prove liability, though. This means not only that plaintiffs cannot attempt to re-litigate a medical malpractice claim that has already been resolved but also that they are not permitted to pursue multiple medical malpractice claims arising out of the same set of facts. This was demonstrated in a recent opinion issued by a Maryland court, in which the court dismissed the plaintiff’s medical malpractice case due to claims splitting. If you suffered injuries due to neglectful care from a medical professional, it is smart to speak to a Maryland medical malpractice lawyer to discuss your potential claims.

The Plaintiff’s Claims

It is reported that the plaintiff underwent treatment with the defendant for a wound on his leg that would not heal. He was prescribed multiple tests and medications, but the wound did not improve. He continued to treatment and had ongoing symptoms of pain and swelling. He eventually filed a lawsuit against the defendant, setting forth numerous claims, including medical negligence. The defendant moved to dismiss the plaintiff’s claims on several grounds, including the fact that the plaintiff had a similar lawsuit pending in another court that arose out of the same alleged harm.

Splitting Medical Malpractice Claims

In its review of the plaintiff’s claims and the defendant’s motion, the court noted that when the plaintiff filed the subject case, he already had a lawsuit in another court in which he alleged harm caused by improper medical care in the context of treatment of his leg wound. The court explained that plaintiffs are typically not permitted to pursue the same claims in more than one simultaneous lawsuit. It elaborated that the rule against claim splitting bars plaintiffs from prosecuting their claims piecemeal. Instead, they are obligated to present all claims arising out of a single act in one lawsuit. Continue Reading ›

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Generally, parties in medical malpractice cases rely on expert testimony to support their positions. As such, if they can present evidence discrediting an expert, it may help to convince jurors to return verdicts in their favor. Not all evidence is admissible, however, as demonstrated in a recent Maryland opinion issued in a neurosurgeon malpractice case, in which the court found that the prejudicial nature of the proposed testimony outweighed its relevance. If you were harmed by a surgical procedure, you should speak to a Maryland medical malpractice lawyer as soon as possible to determine your rights.

The Plaintiff’s Harm

Allegedly, the plaintiff presented to the defendant neurosurgeon with complaints of pain in her lower back that radiated to her left leg and foot. The defendant recommended that she undergo a bilateral laminectomy, regardless of the fact that the plaintiff had no symptoms on the right side. The plaintiff underwent the surgery, after which she experienced neurological deficits, pain, and disability. She then filed a medical malpractice lawsuit against the defendant, alleging that the surgery on the right side of her spine violated the standard of care.

It is reported that prior to trial, the plaintiff filed a motion asking the court to preclude the defendant from questioning the plaintiff’s expert regarding his disciplinary history. The court granted the motion in spite of the defendant’s objections, and a jury ultimately found in favor of the plaintiff. The defendant filed an appeal, arguing that the trial court erred in granting the plaintiff’s motion. Continue Reading ›

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