Baltimore Medical Malpractice Lawyer Blog

Court Discusses Grounds for Granting Leave to Amend a Medical Malpractice Complaint

Published on: July 21, 2024 | by Arfaa Law Group

Generally, plaintiffs in medical malpractice cases must pursue claims against all parties at the same time. While they have the right to amend their complaints to add additional defendants, they must do so within a certain timeframe. There are exceptions for good cause, though, that allow for later amendments. Recently, a Maryland court discussed what constitutes good cause in a case in which it ultimately granted the plaintiff’s request for leave to amend. If you suffered losses due to the carelessness of your healthcare provider, you may be able to recover damages in a civil lawsuit, and you should speak to a Baltimore medical malpractice attorney.

Factual History and Procedural Setting

It is alleged that the defendant doctor performed plastic surgery on the plaintiff at the defendant hospital in June 2021. Post-surgery, the plaintiff was moved to the post-anesthesia care unit and subsequently to the medical/surgical recovery floor, where he was attended to by three physician assistants. The plaintiff alleged that the doctor and hospital staff’s negligence led to him developing bilateral compartment syndrome in his legs, resulting in over 16 surgeries and more than $4 million in medical bills. As such, in December 2022, the plaintiff filed a medical malpractice complaint against multiple defendants, including a doctor and a hospital.

Allegedly, in January 2023, the plaintiff filed an amended complaint reiterating the claims of medical malpractice against the defendant doctor, the defendant doctor’s practice, and the defendant hospital. Later, the hospital produced a document signed by the doctor indicating his supervisory role over the physician assistants. This document emerged months after the deadline for joining new parties or amending pleadings had passed. Continue Reading ›

Maryland Court Discusses the Statute of Limitations in Medical Malpractice Cases

Published on: July 14, 2024 | by Arfaa Law Group

People harmed by recklessly performed procedures have a right to pursue claims against the providers responsible for their harm. Under Maryland law, though, they must institute any claims within the statute of limitations. In a recent case, a Maryland court discussed the statute of limitations in medical malpractice cases, ultimately ruling that the plaintiff failed to show the statute should be tolled in his case. If you suffered losses due to the ineptitude of your healthcare provider, you may be able to recover damages in a civil lawsuit, and you should speak to a Baltimore medical malpractice attorney.

Setting of the Case

It is reported that the plaintiff, acting pro se, claimed that his treating physician failed to meet the standard of care during a procedure and subsequent care in October 2015, which resulted in injury to his bile ducts. The plaintiff alleged that a corrective surgery performed on November 20, 2015, exposed the medical malpractice by the defendants, including the physician. Subsequently, the plaintiff sought compensatory and punitive damages from the defendants. In November 2023, however, the court dismissed the plaintiff’s claims as untimely.

It is alleged that the court held that the claims were time-barred under Maryland law because the plaintiff was aware of the alleged medical negligence no later than November 2015, yet initiated the action more than five years later. The court also ruled that Maryland law did not toll the statute of limitations because the plaintiff failed to provide specific factual allegations demonstrating how the defendants’ alleged fraud kept him ignorant of his cause of action and why there was a delay in discovering the alleged fraud despite his diligence. The plaintiff subsequently sought reconsideration of the court’s decision. Continue Reading ›

Court Discusses Federal Jurisdiction in Medical Malpractice Cases

Published on: July 6, 2024 | by Arfaa Law Group

People with critical health concerns will often seek treatment from multiple providers. Unfortunately, it is not uncommon for more than one healthcare provider to offer negligent care that ultimately harms a patient. In such instances, the injured party can pursue claims against anyone involved in the treatment that ultimately led to their harm. In many instances, plaintiffs instituting such lawsuits without the assistance of an attorney will file them in federal court. Federal courts have limited jurisdiction, though, and if a pro se plaintiff does not demonstrate that a claim falls within the court’s purview, the court will likely dismiss their claims, as demonstrated in a recent ruling. If you sustained injuries due to incompetent medical care, it is in your best interest to talk to a Baltimore medical malpractice lawyer about your options for pursuing damages.

Factual and Procedural Background

It is alleged that the plaintiff initiated a lawsuit against the defendant medical center, which was located in Maine, and the defendant hospital, which was located in Washington DC, in federal court in August 2023. Initially, the court dismissed the complaint due to the absence of a substantial federal question. However, the court reconsidered this order upon the plaintiff’s motion, allowing him to refile the complaint with more detailed information regarding jurisdiction, legal claims, and the relief sought.

It is reported that the court gave the plaintiff until October 2023 to submit the amended complaint, but the plaintiff failed to do so. Despite not filing a new complaint, the plaintiff claimed to have served the defendants. The defendants subsequently filed motions to dismiss on various grounds, including lack of jurisdiction and failure to state a claim. Continue Reading ›

Maryland Court Discusses Federal Claims in Medical Malpractice Cases

Published on: June 29, 2024 | by Arfaa Law Group

When children suffer harm due to negligent medical care, their parents will often pursue claims against the providers responsible for their injuries on their behalf. In doing so, the parents must ensure they comply with any applicable rules as if they fail to do so, the court might dismiss their claims, as demonstrated in a recent Maryland medical malpractice ruling. If your child suffered injuries because of the carelessness of a doctor, it is smart to confer with a Baltimore medical malpractice lawyer as soon as possible.

History of the Case

It is alleged that before the minor plaintiff’s birth, doctors identified congenital defects in her trachea and esophagus. Immediately after birth, a surgeon from a national children’s medical center operated on the minor plaintiff at a military medical center in Maryland to correct these defects. Post-surgery, the minor plaintiff experienced severe complications, prompting her transfer to a children’s hospital in Massachusetts for further surgeries.

It is reported that the plaintiffs, alleging medical negligence during the initial surgery and subsequent care at WRMC, filed suit under the Federal Tort Claims Act, naming the military medical center and the surgeon as defendants and seeking damages against the United States. The Federal Tort Claims Act mandates that claimants exhaust administrative remedies, including presenting claims with a specified “sum certain” of damages to the federal agency involved, before suing in federal court. The defendants moved to dismiss the plaintiff mother’s claims for lack of subject matter jurisdiction. Continue Reading ›

Maryland Court Discusses Service of Process in Medical Malpractice Cases

Published on: June 22, 2024 | by Arfaa Law Group

While most people harmed by medical negligence will retain an attorney to pursue claims against their providers, some choose to proceed pro se. While they have the right to do so, it is likely that they will commit procedural errors that could impact their claim, as demonstrated in a recent Maryland medical malpractice case. If you were hurt by reckless treatment, it is advisable to speak to a Baltimore medical malpractice lawyer regarding your rights.

Factual and Procedural Setting

It is reported that the plaintiff, a resident of New Jersey, filed a medical malpractice and assault lawsuit against the defendants, a hospital in Baltimore, and a urologist. The plaintiff, who was proceeding without legal representation, claimed that during his initial visit to the defendant doctor, the doctor was verbally abusive, demanding compliance with his expectations. Although the doctor later apologized, the plaintiff did not receive timely communication regarding his treatment.

Allegedly, during a subsequent appointment, the doctor made derogatory comments about the plaintiff’s profession as a chaplain and introduced an unidentified woman into the examination room. With the plaintiff’s consent, the doctor instructed the woman to perform a rectal examination, which caused the plaintiff significant distress due to past trauma, leading to severe health and emotional issues. The plaintiff initially sent a complaint letter to the hospital, which was acknowledged. He then filed the subject action. In response, the defendants filed a motion to dismiss the case on multiple grounds, including improper service and lack of jurisdiction.

Maryland Court Discusses Medical Malpractice Claims Against Federal Entities

Published on: June 15, 2024 | by Arfaa Law Group

Veterans will often seek medical care from federally funded veterans’ organizations. If the care they receive is negligent and subsequently causes them to suffer injuries, they may be able to pursue claims against the federal government. They must comply with any applicable procedural processes, however, or it could negatively impact their claims, as discussed in a recent medical malpractice case. If you sustained harm due to incompetent medical care, you may be owed damages, and you should meet with a Baltimore medical malpractice lawyer.

Case Setting

It is reported that the plaintiff, alleging injury due to the federal government’s veteran’s organization’s neglect of his doctor’s recommendations, filed a suit against the United States and the veteran’s organization. He claimed to suffer from Complex Regional Pain Syndrome, for which a non-veteran’s organization doctor had devised a treatment plan that included centralized care at a specialized facility. Despite recommendations from this doctor and the plaintiff’s physical therapists, the veteran’s organization allegedly did not respond, leading to a deterioration in the plaintiff’s condition.

It is alleged that the plaintiff supported his claims with exhibits showing physical symptoms, including a lower temperature in his injured leg, a sore on his injured foot, and atrophication of the injured leg. Previously, the plaintiff had filed a lawsuit in March 2018 for $5 million, which was dismissed due to the Federal Tort Claims Act’s statute of limitations. An appeal upheld this dismissal. In June 2023, the plaintiff initiated the current lawsuit, seeking $50 million in damages for future medical care and complications from delayed treatment. The defendants moved to dismiss the case. Continue Reading ›

Court Explains Causation in Maryland Medical Malpractice Cases

Published on: June 8, 2024 | by Arfaa Law Group

People experiencing critical health concerns will often visit emergency departments with the expectation that they will receive a timely diagnosis and appropriate care. Unfortunately, that is not always the case, and delayed and missed diagnoses can lead to grave harm. As discussed in a recent Maryland medical malpractice case, a plaintiff who demonstrates a defendant’s careless delays caused them harm may be able to recover damages. If you were hurt by negligent medical care, it is wise to confer with a Baltimore medical malpractice lawyer about your rights.

History of the Case

It is reported that the plaintiff presented to the defendant hospital with symptoms of severe swelling, pain, and immobility in her left hand and arm, which progressively worsened over four days. Despite consultations and some imaging, no definitive diagnosis was made, and appropriate urgent surgical actions were not taken. On the fifth day, the plaintiff sought treatment at another medical center, where she was diagnosed and treated, but by then, significant and irreversible tissue damage had occurred.

Allegedly, the plaintiff, accompanied by her spouse, filed a lawsuit alleging medical malpractice claims against several medical professionals at the defendant hospital and the defendant hospital itself, claiming their failure to promptly diagnose and treat her necrotizing fasciitis led to permanent disability and loss of consortium. A subset of the defendants moved for summary judgment. They contended that even if their standard of care was breached, it did not cause the plaintiff’s permanent injuries. The plaintiffs opposed the motion. Continue Reading ›

Maryland Court Discusses Medical Malpractice Claim Requirements

Published on: May 29, 2024 | by Arfaa Law Group

People seeking medical treatment have the right to competent care, regardless of where it occurs. If the care they receive is inadequate, they may be able to pursue claims against their providers. They must ensure that they allege the appropriate claims and follow any required procedures, however, otherwise their claims may be subject to dismissal, as demonstrated in a recent Maryland case. If you suffered losses due to substandard medical care, it is advisable to speak to a Baltimore medical malpractice lawyer regarding your claims.

Facts of the Case and Procedural History

It is alleged that the plaintiff, who was housed at a federal institution in Maryland, was attacked by another inmate, resulting in a foot wound and a broken leg. Nurse Holly Hoover evaluated and treated the wound but did not prescribe pain medication or order X-rays. The plaintiff continued to suffer significant pain. The defendant orthopedic surgeon, affiliated with the defendant health center, evaluated the plaintiff in February 2020 and diagnosed issues related to past injuries and surgeries. He recommended and performed surgery in December 2020, to remove abnormal bone growth but could not remove surgical hardware due to incompatible tools.

Reportedly, post-surgery, the plaintiff developed an infection, which he attributed to improper wound care by the medical staff at the correctional institution. The defendant internal medicine physician, saw the plaintiff once in April 2021 and prescribed Lyrica for pain management, but did not refer him for physical therapy. Subsequently, the plaintiff filed the Complaint, asserting claims of deliberate indifference to his medical needs under the Eighth Amendment and discrimination under the Equal Protection Clause of the Fourteenth Amendment. The defendants moved for summary judgment. Continue Reading ›

Exhaustion Requirements in Federal Medical Malpractice Claims

Published on: May 22, 2024 | by Arfaa Law Group

People who suffer harm due to medical care provided by federally funded healthcare providers will typically pursue medical malpractice claims against them under the Federal Tort Claims Act. If they do, it is critical for them to abide by any procedural requirements. It is important to note, though, that there is a distinction between statutory jurisdictional requirements and agency-specific procedural regulations, as discussed in a recent Maryland medical malpractice case in which the court affirmed that only statutory provisions dictated the jurisdictional bounds for Federal Tort Claims Act claims. If you were harmed by incompetent medical care at a federal facility, it is wise to speak to a Baltimore medical malpractice attorney about your rights.

Setting of the Case

It is reported that the plaintiffs, the decedent’s estate, spouse, and five children, filed a lawsuit under the Federal Tort Claims Act following the death of the decedent after medical treatment at a military medical center. Each plaintiff sought 25,000,000 in damages, except for one plaintiff who did not specify damages. The plaintiffs initially submitted administrative claims to the military, alleging negligence and seeking damages for wrongful death and survival, which the military subsequently denied.

Court Discusses Medical Malpractice Claims Under Maryland Law

Published on: May 15, 2024 | by Arfaa Law Group

People injured by incompetent medical care will often pursue claims against the physicians and entities responsible for their harm. If they do, they must ensure they set forth the proper allegations and follow any procedural rules to avoid dismissal of their actions, as illustrated in a recent Maryland medical malpractice case in which the court dismissed the pro se plaintiff’s lawsuit. If you were injured by medical negligence, it is smart to confer with a Baltimore medical malpractice lawyer to discuss your options.

Factual and Procedural Background

It is alleged that the plaintiff, who was in custody of the federal government at a facility in Maryland, filed a civil suit asserting claims under the Federal Tort Claims Act. The defendants named in the suit included the United States, along with several individual defendants holding official and personal capacities, including physicians and others on the medical and administrative staff at the federal facility.

Reportedly, the plaintiff alleged medical negligence claims and other causes of action stemming from the management of the COVID-19 pandemic at the facility and inadequate medical treatment for his conditions, including asthma. After initial procedural maneuvers, including a dismissal of claims for injunctive relief and subsequent motions, the defendants filed a second motion to dismiss or for summary judgment. Continue Reading ›