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In Maryland, plaintiffs in medical malpractice cases must file a certificate of a qualified expert who attests to the defendants’ deviations from the applicable standard of care and their role as the proximate cause of the alleged injury. If a plaintiff fails to meet this requirement or their certificate is defective, their claim will most likely be dismissed. As discussed in a recent Maryland case, however, if a plaintiff files a valid certificate of a qualified expert, it cannot subsequently be deemed invalid due to the expert’s actions. If you suffered damages due to medical negligence, it is wise to meet with a Maryland medical malpractice attorney about what damages you may be able to recover.

Factual and Procedural Setting of the Case

It is reported that the decedent visited a hospital emergency room in May 2000, complaining of weakness and fatigue. The attending physician diagnosed her with mild anemia and prescribed iron supplements. Two days later, the decedent visited her primary care physician, who diagnosed her with mild congestive heart failure.

Allegedly, six days after her initial visit, the decedent was admitted to the hospital with acute abdominal pain and died later that evening. In 2002, the decedent’s daughters filed a claim against the attending physician, the primary care physician, and the hospital, alleging medical malpractice. The certifying physician identified deviations from the standard of care by the defendants. In a subsequent deposition, however, she deferred the opinion of whether the attending physician or the hospital departed from the standard. As such, the attending physician and the hospital moved for the dismissal of the claims against them on the grounds that the certificate of qualified expert was invalid. The trial court granted the motion, and the plaintiff appealed. On appeal, the intermediate court reversed the trial court ruling. The defendants then appealed. Continue Reading ›

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Maryland’s federal court typically lacks original jurisdiction over medical malpractice matters. However, the court may exercise supplemental jurisdiction over these claims when they are part of the same case or controversy as claims that do fall within the court’s original jurisdiction. If the claims providing the original jurisdiction are dismissed, though, the federal court will often decline to retain supplemental jurisdiction over the medical malpractice claims, resulting in their dismissal as well. This was demonstrated in a recent Maryland medical malpractice case in which the court dismissed both the constitutional and state law claims asserted by the plaintiff. If you were harmed by a doctor employed by the federal government, you should talk to a Maryland medical malpractice attorney about what claims you may be able to pursue.

The Factual and Procedural History of the Case

It is alleged that the plaintiff, who was housed in a federal facility, experienced chest pains and was sent to the medical unit. Despite a history of heart problems, the defendant, a nurse, allegedly refused to provide an EKG or any treatment, violating established protocol. The plaintiff submitted an administrative remedy request, leading to an investigation confirming the nurse’s failure to follow protocol. The defendant presented the plaintiff’s medical records, showing a history of chest pain evaluations, consultations with specialists, and a recent visit where his vital signs were normal.

It is reported that the plaintiff filed a lawsuit alleging that the defendant’s neglectful actions violated his constitutional rights and amounted to medical malpractice. The defendant moved to dismiss the plaintiff’s complaint via summary judgment, arguing the plaintiff failed to offer sufficient evidence in support of his claims. Continue Reading ›

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Members of the military typically receive care from doctors employed by the Department of Defense. If the care they receive is inadequate and causes injuries or other harm, they may be able to pursue medical malpractice claims against the federal government. As with all medical malpractice cases, such claims must be brought in a timely manner; otherwise, they will be deemed waived. In a recent medical malpractice case, a court issued an opinion discussing the timeliness of medical malpractice claims against the military, ultimately finding that the plaintiff’s claims could proceed. If you were injured by incompetent medical treatment, it is smart to talk to a Maryland medical malpractice attorney about your rights.

Case History

Allegedly, the defendant performed a surgical procedure on the plaintiff. The plaintiff suffered complications, which led to multiple admissions and additional surgeries. The plaintiff subsequently filed a medical malpractice and informed consent claim against the defendant, alleging that the defendant breached the standard of care during knee surgery and failed to obtain informed consent.

It is reported that during the trial, the plaintiff’s expert witness testified that the defendant breached the national standard of care by opting for aggressive surgery when less invasive options were available. The jury ruled in favor of the plaintiff on the malpractice claim but rejected the informed consent claim. The defendant then moved for judgment in his favor as a matter of law, arguing that the plaintiff’s expert witness lacked a basis for knowledge of the national standard of care. The court denied the defendant’s motion, and the defendant appealed. Continue Reading ›

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Members of the military typically receive care from doctors employed by the Department of Defense. If the care they receive is inadequate and causes injuries or other harm, they may be able to pursue medical malpractice claims against the federal government. As with all medical malpractice cases, such claims must be brought in a timely manner; otherwise, they will be deemed waived. In a recent medical malpractice case, a court issued an opinion discussing the timeliness of medical malpractice claims against the military, ultimately finding that the plaintiff’s claims could proceed.  If you were injured by incompetent medical treatment, it is smart to talk to a Maryland medical malpractice attorney about your rights.

Factual and Procedural Background

It is alleged that in January 2019, while serving in the United States military, the decedent requested a medical screening for breast cancer. Despite recommendations from an oncologist for a diagnostic MRI based on family history, possession of the BRCA2 gene mutation, and physical symptoms, the decedent’s primary care physician incorrectly ordered a screening MRI.

It is reported that the decedent’s subsequent requests for the appropriate diagnostic procedures were denied by the Department of Defense’s health insurance, leading to a delayed breast cancer diagnosis. Ten months later, the decedent, now terminally ill, filed a medical malpractice claim with the Department of Defense. The claim was denied as untimely, and after exhausting administrative remedies, the plaintiff’s estate brought the case to court under the Administrative Procedure Act. The defendant moved to dismiss the plaintiff’s complaint. Continue Reading ›

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Maryland has particular rules that parties who wish to pursue medical malpractice claims must follow. Specifically, they must produce a certificate of a qualified expert asserting that the defendant breached the standard of care and that said breach proximately caused their harm. If the plaintiff fails to meet this requirement, or their expert’s certificate is deemed inadequate, their claims may be dismissed, as demonstrated by a recent ruling issued in a Maryland medical malpractice case. If you suffered losses because of inadequate medical care, it is wise to talk to a Maryland medical malpractice attorney at your earliest convenience.

 Case Setting

It is alleged that in March 2018, the plaintiff sought medical help due to chest pain and pressure. Despite initial assurances from emergency medical personnel, the plaintiff asserted that there was a delay in cardiac intervention at the defendant hospital, causing damage to his heart. After filing the HCADRO claim, the plaintiff waived arbitration and, in January 2022, submitted a Certificate of Qualified Expert and a report prepared by the plaintiff’s expert, challenging the sufficiency of the defendant doctor’s actions. By April 2022, HCADRO issued an order to transfer the case.

It is reported that following these proceedings, the plaintiff, still representing himself, filed a complaint in the circuit court on June 24, 2022, against the defendant doctor and defendant hospital. Both defendants filed motions to dismiss, asserting, among other things, that the plaintiff’s expert’s Certificate of Qualified Expert, claiming it did not establish a breach of the standard of care or causation. Despite the plaintiff’s subsequent motion for an extension of time to respond, the court granted both of the defendants’ motions to dismiss and the plaintiff appealed. Continue Reading ›

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In Maryland, if a doctor negligently performs a surgical procedure in a hospital, both the doctor and the hospital may be liable for the patient’s harm. Determining the proper parties to sue in a medical malpractice case can be challenging, though, as in some matters, parties will take measures to conceal their relationships. As explained in a recent Maryland medical malpractice case, a plaintiff pursuing a claim for fraudulent concealment must set forth certain allegations. If you incurred damages because of an improperly performed procedure, it is important to contact a Maryland medical malpractice attorney about your options.

Facts and Procedure of the Case

It is alleged that the plaintiff underwent surgery for gallbladder disease, which was performed by the defendant. He subsequently developed complications, allegedly due to the negligence of the defendant. The plaintiff also asserted that the defendants failed to inform him of the risks of surgery and did not obtain informed consent. After a series of surgeries and evaluations, the plaintiff filed a claim in the Maryland Health Care Alternative Dispute Resolution Office (HCADRO) in 2018, followed by the current medical negligence action against the defendant in 2023.

It is reported that the plaintiff also argued that the hospital where the defendant performed the surgery fraudulently concealed its relationship with the defendant and conspired to commit fraud against the plaintiff. The defendant filed a motion to dismiss, arguing that the claims were time-barred under Maryland law. Continue Reading ›

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Under Maryland law, people harmed by incompetent medical care have the right to assert medical malpractice claims against the providers responsible for their losses. They must act promptly, however, because if they wait too long to seek compensation, they may waive the right to do so. It may not always be clear when harm arises, and the statute of limitation begins to run, though. As explained in a recent Maryland medical malpractice case, a cause of action accrues when negligence first causes a patient harm. If you were hurt by ineffectual medical care, it is advisable to contact a Maryland medical malpractice attorney to discuss your possible claims.

Facts of the Case

It is alleged that the plaintiff began experiencing numbness in her hands in 2008. That same year, she consulted the defendant and underwent MRI studies. In 2010, she developed balance and pronunciation issues, leading to another MRI and consultation with the defendant. Over the years, she experienced various symptoms, leading to a diagnosis of multiple sclerosis in 2017. In 2020, the plaintiff filed a medical negligence claim against the defendant. The defendants moved for summary judgment, asserting that the claims were time-barred under the statute of limitations. The trial court granted the defendant’s motion, and the plaintiff appealed.

Statute of Limitations in Medical Malpractice Cases

On appeal, the court viewed the facts of the case in a light most favorable to the plaintiff but ultimately affirmed the trial court ruling. In doing so, the court noted that the central issue was the determination of when the injury occurred for statute of limitations purposes. The defendants argued that the symptoms the plaintiff experienced in 2011 constituted an injury, making her claim time-barred. The plaintiff contended that the harm sufficient to trigger the statute of limitations did not occur until her MS diagnosis in 2017. Continue Reading ›

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In medical malpractice cases, to establish liability and damages the plaintiff will typically have to retain one or more medical experts. As such, it is not uncommon for a defendant to try to defeat a plaintiff’s claims by arguing that their expert should not be permitted to testify. As discussed in a recent medical malpractice ruling, the courts engage in a multi-step process when faced with challenges to the admissibility of expert opinions. If you suffered losses due to the carelessness of a doctor or dentist, it is wise to meet with a Maryland medical malpractice attorney promptly.

The Facts of the Case

It is reported that the plaintiffs brought a medical malpractice suit against the defendant, alleging negligence in the dental care administered to plaintiff-wife. The claim asserted that a proper biopsy and diagnosis by the defendant in August or December 2015 could have prevented a subsequent neck dissection and radiation therapy.

Reportedly, the defendant moved for summary judgment on the grounds that the opinions of the plaintiffs’ expert witness were inadmissible. First, the defendant contended that the plaintiff’s expert could not provide admissible evidence to establish causation. Second, the defendant asserted that the plaintiffs had not demonstrated the existence of any causation evidence related to a specific appointment. Lastly, the defendant argued that the plaintiffs failed to provide evidence that the defendant breached the standards of care during certain treatments. Continue Reading ›

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It is not uncommon for parties in medical malpractice actions to ultimately settle instead of proceeding to trial. In such instances, the settlement agreement is enforceable. As such, if the defendant does not make payments as required under the agreement, the plaintiff can file a complaint for confessed judgment in order to recover the amount owed in the settlement, as discussed in a recent Maryland case. If you were harmed by the negligence of a healthcare provider, it is smart to contact a Maryland medical malpractice lawyer to discuss your rights.

Procedural Setting of the Case

It is alleged that the plaintiff filed a Complaint for Confessed Judgment against the defendant doctor and medical practice in August 2023. The case was referred to the undersigned to a court which subsequently noted uncertainty about its subject matter jurisdiction over the dispute and allowed the plaintiff to submit an Amended Complaint addressing the jurisdictional issue. The plaintiff complied by submitting an Amended Complaint for Confessed Judgment.

Reportedly, the background of the case involved a medical negligence lawsuit initiated by the plaintiff against the defendants in April 2014. In July 2020, a settlement agreement was reached during a settlement conference, and the court dismissed the case, documenting the settlement terms. The settlement agreement required the defendants to make payments to the plaintiff in installments. The dispute in the present case arose when the defendants failed to make the seventh and eighth installments, leading to the Amended Complaint. Continue Reading ›

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The law does not require people pursuing medical malpractice claims to be represented by an attorney. In most instances, though, it is prudent for people harmed by incompetent medical care to seek legal counsel, otherwise, they may unintentionally waive their right to recover damages by making procedural errors. This was illustrated in a recent Maryland case in which the court dismissed the plaintiff’s complaint for failing to meet the federal pleading standards. If you sustained losses because of deficient medical care, it is in your best interest to meet with a Maryland medical malpractice lawyer about your options for seeking justice.

Case History

It is reported that the plaintiff filed a medical malpractice complaint pro se, and submitted an application for leave to proceed in forma pauperis. The plaintiff appeared to allege personal injury at the defendant’s nursing facility, medical malpractice at a hospital in Chicago, and the termination of her worker’s compensation benefits by the state of Illinois.

Allegedly, the complaint also mentioned legal malpractice without clear connections to the named defendants. The allegations further deteriorated, with the plaintiff asserting that a “microchip” had been implanted inside her, unnamed individuals were plotting her murder, and she had been targeted for other reasons. The court reviewed her complaint to determine if it met the pleading requirements established by federal law. Continue Reading ›

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