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Medical malpractice cases often hinge on expert testimony to establish whether a healthcare provider’s actions deviated from the standard of care and whether those actions directly caused harm. If a party fails to comply with procedural rules, however, they may be precluded from introducing expert testimony, as discussed in a recent Maryland case. If you or a loved one suffered due to medical negligence, it is essential to consult an experienced Baltimore medical malpractice attorney to ensure compliance with procedural rules and maximize the chances of a successful outcome.

Case Setting

It is alleged that the plaintiffs, a married couple, filed a medical malpractice lawsuit against multiple healthcare providers, alleging that negligent treatment led to delayed diagnosis and worsened health outcomes. The patient sought medical attention for persistent facial pain and swelling between 2018 and 2021 but was not referred for timely oncological testing. By 2022, the patient was diagnosed with metastatic parotid gland cancer, which required aggressive treatment. The failure to diagnose the condition earlier resulted in severe and permanent injuries.

During the litigation, plaintiffs faced challenges related to expert witness disclosures. The court had set deadlines for the submission of expert reports under Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure, but it is reported that plaintiffs failed to provide timely disclosures for three expert witnesses. Defendants moved to exclude the testimony of these experts and requested sanctions under Rule 37(c)(1), which allows courts to exclude improperly disclosed evidence unless the failure to disclose was substantially justified or harmless.

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Vaccine-related injury claims often involve complex legal hurdles, particularly when federal immunity statutes like the Public Readiness and Emergency Preparedness (PREP) Act come into play. The PREP Act provides broad legal protections for entities involved in vaccine administration, significantly impacting the ability of plaintiffs to seek damages in traditional courts. A recent federal appellate decision underscores the difficulty of overcoming these statutory protections in vaccine litigation. If you or a loved one suffered harm from a vaccine, it is smart to meet with an experienced Baltimore medical malpractice attorney to understand your options.

Facts and Procedure of the Case

It is alleged that the plaintiffs, parents of a deceased minor, filed a lawsuit against the defendant, a pharmaceutical company, along with government and medical entities, claiming that the administration of a COVID-19 vaccine caused the minor’s death. The minor received two doses of the vaccine at a pediatric clinic and later developed flu-like symptoms, which ultimately resulted in cardiac failure and death. The plaintiffs contended that the vaccine caused myocarditis, leading to fatal heart complications.

It is reported that the plaintiffs asserted claims under the PREP Act, alleging willful misconduct by the defendant in the production and distribution of the vaccine. Additionally, they pursued state tort law claims, including wrongful death and medical malpractice, against both the pharmaceutical company and the healthcare providers involved in administering the vaccine. The defendants moved to dismiss the claims, arguing that the PREP Act provides immunity against such lawsuits and that the plaintiffs failed to exhaust the required administrative remedies. The court granted the defendants’ motion and the plaintiff appealed. Continue Reading ›

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In medical malpractice claims, plaintiffs must adhere to procedural requirements to ensure their cases are properly heard by the courts. When these requirements are not met, courts may dismiss the claim even before addressing its merits. A recent Maryland case highlights the importance of complying with federal pleading standards and the necessity of presenting clear and substantive allegations in medical malpractice lawsuits. If you or a loved one has been harmed due to medical negligence, it is crucial to consult an experienced Baltimore medical malpractice attorney to determine how to protect your rights.

History of the Case

It is alleged that the plaintiff filed a medical malpractice lawsuit against the defendant, the United States Government, claiming negligence related to medical treatment received through the Veterans Affairs (VA) healthcare system. The plaintiff alleged that VA medical providers engaged in conduct amounting to malpractice, including improper prescription practices and exposing the plaintiff to toxic substances. The plaintiff further claimed that these actions led to severe physical harm, emotional distress, and long-term health complications.

It is reported that the plaintiff’s complaint included allegations unrelated to medical malpractice, such as accusations of fraud and interference with business trademarks. The plaintiff also sought an extraordinarily high amount in damages, totaling one trillion dollars. However, the complaint lacked specific factual details regarding the medical treatment in question, the providers involved, or a clear timeline of events. Continue Reading ›

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Advances in reproductive technology not only allow people who have trouble conceiving to become parents but also allow people to take the steps necessary to avoid passing on genetic disorders. If a reproductive endocrinologist errs when providing medical services, they can be held accountable for any harm they cause, but proving liability can be challenging, as demonstrated in a recent Maryland case. If you were hurt by the carelessness of a physician, it is wise to speak to an experienced Baltimore medical malpractice attorney regarding your rights.

Factual Background and Procedural History

It is reported that the plaintiffs, a married couple, sought in vitro fertilization (IVF) treatment to conceive a child without the genetic disorder Duchenne Muscular Dystrophy (DMD), a condition that affected their other children. They underwent IVF at the defendant fertility clinic, where genetic testing was performed to identify embryos free of DMD. Allegedly, the plaintiffs were assured that only healthy embryos would be preserved and transferred while the embryos carrying the genetic disorder would be discarded.

It is alleged that in 2020, the plaintiffs returned to the clinic to proceed with the transfer of their last remaining healthy embryo. However, unbeknownst to them, the clinic had not discarded the embryos carrying DMD, and embryologists mistakenly selected and transferred an embryo affected by the disorder. The plaintiffs later learned of the error when a physician at a government-affiliated hospital informed them of the mistake. Continue Reading ›

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In Maryland, incarcerated individuals who receive substandard medical care may have legal recourse against healthcare providers under state medical malpractice laws. However, such cases often involve complex procedural hurdles, including compliance with the state’s medical malpractice filing requirements and statutory limitations. A recent decision from a Maryland court highlights these challenges while also demonstrating that the courts will aim to protect a plaintiff’s right to pursue medical negligence claims. If you sustained injuries due to inadequate medical care, it is advisable to meet with a Baltimore medical malpractice attorney as soon as possible.

Facts and Procedure of the Case

It is reported that the plaintiff filed a lawsuit against two healthcare providers contracted to deliver medical services at the federal facility where he was housed. The plaintiff alleged that both entities failed to diagnose and treat his multiple sclerosis (MS) in a timely manner, causing him prolonged suffering and exacerbation of his condition. He contended that his repeated complaints about symptoms were ignored and that necessary diagnostic testing was not performed.

It is alleged that the plaintiff initially filed an amended complaint asserting claims under the Eighth Amendment and Maryland’s Declaration of Rights, as well as a claim under precedent that allows lawsuits against government entities for unconstitutional policies. However, the court dismissed the constitutional claims, leaving only the claim against the healthcare providers. The plaintiff later sought to file a second amended complaint to add medical malpractice claims under Maryland law, contending that the providers negligently failed to diagnose and treat his MS. Continue Reading ›

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Medical malpractice claims against government entities, such as the Federal Bureau of Prisons (BOP), are often difficult to establish due to strict legal requirements under the Federal Tort Claims Act (FTCA). This was highlighted by a recent decision out of Maryland in which the court ultimately upheld a finding that the plaintiff did not meet the burden of proof for his claims. If you or a loved one has suffered harm due to medical negligence in a correctional facility, you should talk to an experienced Baltimore medical malpractice attorney to clarify your legal rights.

Case Setting

It is reported that the plaintiff, an inmate in federal custody since 2009, filed suit against the United States and the Federal Bureau of Prisons, alleging medical malpractice under the FTCA. The plaintiff had been diagnosed with open-angle glaucoma before entering custody, and his vision was already substantially impaired at the time of his incarceration. Over the years, he underwent multiple transfers between facilities and received various treatments, including eye surgeries and prescription eye drops.

It is alleged that the plaintiff sought consistent medical assistance to administer his prescription eye drops, which he claimed were necessary to prevent further vision deterioration. He also requested additional accommodations, including braille instruction, darker tinted glasses, and a specialized lock for visually impaired individuals. The plaintiff contended that the failure to provide him with these accommodations, as well as the delay in scheduling a recommended laser surgery, directly contributed to his worsening eyesight. Continue Reading ›

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In Maryland, people seeking treatment from a healthcare provider have the right to expect competent care, even if incarcerated. If they subsequently receive substandard care, and suffer harm as a result, they may be able to pursue claims against the parties responsible for their harm, but establishing liability can be challenging, as demonstrated in a recent Maryland case. If you or a loved one has been harmed due to inadequate medical treatment, it is in your best interest to consult a knowledgeable Baltimore medical malpractice attorney who can help you understand your rights and options.

Factual Background and Procedural History

It is reported that the plaintiff, an inmate at a Maryland correctional facility, filed a lawsuit alleging both medical malpractice and deliberate indifference to his serious medical needs. The plaintiff contended that facility medical providers failed to diagnose and properly treat his pulmonary sarcoidosis for over a year. According to the allegations, he first presented with a persistent dry cough, chest pain, and breathing difficulties in May 2016. He was initially prescribed an expectorant and later an albuterol inhaler, but his symptoms did not improve.

It is alleged that medical personnel ordered diagnostic tests, including chest x-rays and a pulmonary evaluation at the University of Maryland Medical System (UMMS). A CT scan performed in March 2017 reportedly suggested pulmonary sarcoidosis, yet subsequent biopsies were inconclusive. The plaintiff was not definitively diagnosed until an endobronchial ultrasound in July 2017 confirmed granulomatous lymphadenitis, a condition associated with sarcoidosis. He was then prescribed prednisone in August 2017, which allegedly improved his symptoms. Continue Reading ›

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The tragic loss of a loved one due to alleged medical negligence can have devastating consequences. Recently, a Howard County jury awarded a historic multi-million verdict in a medical malpractice and wrongful death case involving a 22-year-old college student. The verdict demonstrates the importance of retaining an attorney who understands the elements of such claims and can gather the evidence needed to demonstrate liability. If you or a loved one suffered harm due to the carelessness of a physician, it is important to understand your rights, and you should speak to an attorney as soon as possible.

Summary of the Case

It is reported that in December 2021, the decedent, a 22-year-old college student, died unexpectedly while visiting his mother’s home during a holiday break. An autopsy determined the cause of death to be blood clots. Weeks prior to his death, the decedent had informed the defendant, his hematologist, that he was running low on his prescribed anticoagulant medication. Instead of renewing the prescription, the defendant reportedly instructed the decedent to complete his remaining doses and switch to a low-dose aspirin regimen. Tragically, this change allegedly contributed to the fatal blood clots.

It is alleged that the plaintiffs, the decedent’s parents, filed medical malpractice and wrongful death claims against the defendant and the medical group employing him. They alleged that the defendant’s decision to change the decedent’s medication regimen breached the applicable standard of care, ultimately leading to his untimely death. The jury found in favor of the plaintiffs, awarding $3.77 million to the decedent’s mother, $3 million to his father, and $500,000 to the decedent’s estate. Continue Reading ›

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In Maryland, informed consent and medical malpractice are distinct claims that carry different burdens of proof. As such, whether a healthcare provider obtained a patient’s informed consent is generally irrelevant to a medical malpractice claim. There are few exceptions, though, as discussed in a recent Maryland medical negligence case in which a decedent’s family sought compensation following her death. If you or a loved one suffered harm because of incompetent medical care, you may be owed damages, and it is smart to talk to a trusted Baltimore medical malpractice attorney as soon as possible.

Factual Background and Procedural Setting

It is reported that the decedent, a patient suffering from multiple sclerosis and associated complications, was admitted to the defendant healthcare center for treatment of infected ulcers. Her condition reportedly deteriorated over two weeks of hospitalization, during which her treatment plan shifted to hospice care. Allegedly, the family was neither informed of this change nor consented to hospice care, resulting in increased dosages of narcotic painkillers and the discontinuation of antibiotics. The patient’s condition worsened, and she passed away.

Reportedly, the patient’s family filed a wrongful death and survival action, asserting that the hospital breached the standard of care by failing to secure informed consent and improperly administering pain medication. The hospital denied liability, contending that the patient’s treatment conformed to accepted medical standards and that her death was attributable to her underlying medical conditions. The jury found in favor of the plaintiffs, and the defendant appealed. Continue Reading ›

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While medical malpractice cases often stand alone, it is not uncommon for a plaintiff to pursue medical negligence and product liability claims in the same action. As discussed in a recent Maryland ruling in which the plaintiff sought damages following a hip replacement, such actions are generally permissible as long as the plaintiff complies with procedural and jurisdictional rules. If you suffered harm due to an improperly performed procedure, it is advisable to talk to a Baltimore medical malpractice attorney about your possible claims.

Factual and Procedural Setting

It is reported that the plaintiff underwent a total hip replacement procedure at a Maryland hospital. During the procedure, a medical device manufactured by one of the defendants was implanted. Approximately two and a half years later, the device reportedly failed, necessitating a revision surgery. Allegedly, the replacement device also failed within days, leading to additional complications and injuries, including permanent disability.

Reportedly, the plaintiff initially filed a medical negligence lawsuit in state court against non-diverse defendants, including his healthcare providers. As the case proceeded, the plaintiff added claims against diverse parties, including the manufacturers and distributors of the medical device, alleging product defects. The case involved causes of action for medical negligence, informed consent, strict liability, breach of warranty, and violations of consumer protection laws. Continue Reading ›

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