In cases where doctors harm their patients, most often, the harm is unintentional. However, in some situations, a physician’s actions may be so egregious that they are considered deliberate. Typically, claims of deliberate indifference to a patient’s medical needs arise in the context of medical treatment provided to incarcerated individuals. It’s essential to recognize the distinctions between deliberate indifference and medical malpractice claims, as highlighted in a recent Maryland case. If you have been injured as a result of a doctor’s negligent or intentional actions, it is advisable to consult with a Maryland medical malpractice attorney to assess the potential claims you may be able to pursue.
Case Background
It is alleged that the plaintiff, who is housed in a federal facility in Maryland, filed a lawsuit against the defendant. He claimed, in part, that in July 2020, he injured his right knee while attempting to access the top bunk in his cell using a plastic chair provided to him. He alleged that despite seeking medical attention for over a year, he received minimal treatment, including Tylenol, and was promised referrals to providers that never materialized. He also claimed that in July 2022, he was attacked by other inmates, aggravating his knee injury. His lawsuit asserted, among other things, that the defendant violated his Eighth Amendment rights by failing to provide timely and appropriate care for his knee condition. The defendant moved to dismiss his claims.
Deliberate Indifference Versus Medical Malpractice
The court granted the defendant’s motion. In doing so, the court explained that in order to establish a claim for denial of medical care under the Eighth Amendment, a plaintiff must demonstrate that the defendant’s actions or omissions were done with deliberate indifference to a serious medical need. Continue Reading ›