Baltimore Medical Malpractice Lawyer Blog

Court Explains Choice of Law in Medical Malpractice Cases

Published on: May 30, 2023 | by Arfaa Law Group

Generally, a party injured by incompetent medical care has the right to pursue medical malpractice claims in the jurisdiction of their choosing. They cannot, however, dictate what state’s laws apply. Instead, as demonstrated in a recent opinion, when more than one state has an interest in the resolution of the matter, the courts will conduct a choice of law analysis. If you were injured due to negligent medical treatment, it is in your best interest to speak to a Maryland medical malpractice lawyer about your potential claims.

Case Background

It is reported that the plaintiff had long-term disability benefits, which were terminated in January 2020. He appealed the decision, and a “peer review” by the defendant doctor was conducted. After submitting a rebuttal to the report by defendant doctor, the plaintiff’s appeal was denied. However, after undergoing an Independent Medical Examination, the termination of his benefits was reversed.

It is alleged that the plaintiff brought a lawsuit following the termination of his disability benefits. The complaint alleged one count of medical malpractice against the defendant doctor. The doctor subsequently filed a motion for judgment on the pleadings to dismiss the count against him. The magistrate recommended that the court grant the defendant doctor’s motion and the court adopted his recommendation. The plaintiff appealed. Continue Reading ›

Court Clarifies Duties a Doctor Owes a Patient

Published on: May 20, 2023 | by Arfaa Law Group

Generally speaking, doctors owe their patients two duties: they must treat them in accordance with the standard of care and advise them of the consequences of any proposed treatment. If a doctor breaches either duty, they may be held accountable for any harm that ensues. As discussed in a recent ruling, however, they generally cannot pursue a claim for breach of fiduciary duty against a doctor that fails to uphold either duty. If you or a loved one suffered harm due to incompetent medical care, it is wise to meet with a Maryland medical malpractice lawyer to determine your rights.

Case Background

It is alleged that the plaintiffs filed a lawsuit against the defendant hospital and defendant doctor on behalf of their incapacitated daughter. In their complaint, they set forth claims of medical malpractice, breach of fiduciary duty, and failure to provide sufficient warning. They alleged that the defendants intentionally deceived their daughter by not informing her that the medical devices used in her treatment were not approved by the Food and Drug Administration. The defendants requested a judgment as a matter of law regarding the count that alleged a breach of fiduciary duty.

Duties a Doctor Owes a Patient

The court ultimately granted the defendants’ motion and dismissed the plaintiffs’ breach of fiduciary duty claim. The court explained that the defendant doctor had two legally recognized duties towards the plaintiffs’ daughter as her doctor: (1) to treat her in the same manner that a reasonably prudent doctor with his specialty would have done in similar circumstances, and (2) to inform her of the consequences of a proposed treatment. Continue Reading ›

Maryland Court Discusses the Need for Expert Testimony in Medically Complex Cases

Published on: May 13, 2023 | by Arfaa Law Group

Generally, a plaintiff pursuing medical malpractice claims will require expert testimony. Not all harm that occurs in a medical environment constitutes malpractice, however. Regardless, in cases involving medically complex injuries, expert testimony is typically necessary nonetheless, as demonstrated in a recent Maryland opinion. If you were injured due to the negligence of a healthcare provider, it is in your best interest to talk to a Maryland medical malpractice lawyer about whether you may be able to recover damages.

Factual and Procedural History

It is reported that the plaintiff hit her head on a wall-mounted cabinet while standing up from a chair in an observation room at the defendant’s hospital, where her son was receiving treatment. Three years later, she filed a lawsuit against the defendant, claiming severe physical and mental injuries due to their negligence in the construction and maintenance of the cabinet and failure to warn her of the danger.

Allegedly, during discovery, it was revealed that the plaintiff had been injured in a car accident and work-related incidents prior to the incident at the defendant’s hospital. The defendant then filed a motion for summary judgment, arguing that they plaintiff failed to provide evidence of breach of duty, actual injury, and causal relation to the incident. They claimed that expert testimony was required for causation and damages, which the plaintiff had not provided. The court granted the defendant’s motion, and the plaintiff appealed. Continue Reading ›

Maryland Court Discusses Standing in Medical Malpractice Cases

Published on: May 6, 2023 | by Arfaa Law Group

In Maryland, if people die due to complications caused by the negligence of their healthcare providers, their loved ones may be able to seek compensation via wrongful death claims. Only certain parties have the right to pursue such claims, however. In a recent Maryland medical malpractice case, the court analyzed whether there was adequate evidence of a common law marriage so as to grant a purported wife standing to pursue wrongful death claims, ultimately determining that there was. If you lost a loved one because of incompetent medical care, it is wise to speak to a Maryland medical malpractice lawyer about your possible claims.

Background of the Case

It is reported that the plaintiff filed a wrongful death lawsuit against the defendant doctor and defendant hospital. In his complaint, the plaintiff asserted that the decedent was his wife under Pennsylvania common law. The defendant doctor filed a motion to dismiss, arguing that the plaintiff lacked standing to bring the wrongful death claim because he and the decedent were not married under Pennsylvania law. The trial court agreed with the defendant and dismissed the complaint. In doing so, the court stated that the plaintiff failed to provide enough evidence to establish a genuine dispute about his alleged common-law marriage. The plaintiff appealed.

Maryland Court Discusses the Procedure for Pursuing Medical Malpractice Claims

Published on: April 27, 2023 | by Arfaa Law Group

People harmed by negligent medical care will often seek damages from the parties responsible for their losses via medical malpractice claims. Under Maryland law, however, before filing a complaint, a plaintiff must file a claim with the Health Care Malpractice Claims office, and if they fail to do so, they may be precluded from proceeding with their lawsuit, as demonstrated in a recent Maryland case. If you were injured by an incompetent doctor, you might be able to recover damages, and you should speak with a Maryland medical malpractice lawyer as soon as possible.

Facts of the Case

It is reported that the plaintiff suffered harm during a stay at the defendant’s facility. Specifically, she was injured in two accidents; in the first, she fell from the bed due to the facility’s alleged failure to secure the mattress properly, and in the second, she fell again while being lifted to the bed. She then filed a lawsuit against the defendant three days before the statute of limitations expired.

Allegedly, the defendant moved to dismiss the case, arguing that the plaintiff did not file her claims in the Health Care Malpractice Claims office (HCMCO), as required by Maryland’s Health Care Malpractice Claims Act (the Act). The trial court granted the defendant’s motion to dismiss, and the plaintiff appealed. Continue Reading ›

Court Discusses the Discovery Rule in Medical Malpractice Cases

Published on: April 21, 2023 | by Arfaa Law Group

People that suffer adverse consequences due to inadequate medical care will often seek compensation via medical malpractice claims. In order for their claims to proceed, they must file them within the applicable statute of limitations. There are circumstances that allow for the tolling of the statute of limitations, however. For example, as demonstrated in a recent medical malpractice case, the discovery rule applied to toll the statute of limitations when the plaintiff’s doctor misled her regarding her symptoms. If you were hurt by an improperly performed procedure, it is advisable to confer with a Maryland medical malpractice lawyer promptly.

The Plaintiff’s Claims

It is reported that in 2008, the plaintiff sought treatment from the defendant due to headaches. The defendant recommended a surgical procedure, advising that it would relieve the pain but cause numbness behind each ear. The plaintiff underwent the procedure but was left with severe, disabling pain.

It is alleged, however, that the doctor assured the person that her condition was not unusual and that some people require a second surgery. The plaintiff decided against a further procedure. She was unaware of any wrongdoing until she searched online for articles about the doctor and discovered that other people had filed lawsuits for medical malpractice for similar surgery. She subsequently filed a lawsuit against the defendant in 2016, asserting medical malpractice, lack of informed consent, and negligence claims. The defendant moved to dismiss the plaintiff’s claims on the grounds that they were prohibited by the statute of limitations. Continue Reading ›

Court Examines Damages in Maryland Medical Malpractice Cases

Published on: April 14, 2023 | by Arfaa Law Group

In most medical malpractice cases, the defendant will contest both liability and damages. In some instances, though, the defendant will concede fault but will argue that the plaintiff failed to adequately support their request for damages or that certain compensation should not be granted. Recently, a Maryland court addressed the issue of whether a plaintiff should be able to make a per diem request in closing arguments when the defendant had been precluded from presenting evidence regarding the plaintiff’s medical bills or lost wages at trial, ultimately ruling that the request was proper. If you were hurt by a negligent doctor, it is smart to talk to a Maryland medical malpractice lawyer about what damages you may be able to recover.

Facts of the Case

It is reported that the plaintiff, a former inmate, sued the defendant, a company that provides medical services to correctional facilities, for misdiagnosing his fractured wrist, which later required extensive surgery. The defendant admitted liability, and the case went to trial on damages. The plaintiff sought non-economic damages only, and the court granted his motion to exclude evidence of medical bills and lost wages. During the trial, the plaintiff’s expert testified that the delay in treatment caused a permanent injury.

Maryland Court Dismisses Malpractice Claim Against Dentist

Published on: April 7, 2023 | by Arfaa Law Group

In Maryland, dentists are considered healthcare providers, which means, among other things, they can be held liable for medical malpractice. A plaintiff pursuing medical malpractice claims against a dentist must not only offer evidence sufficient to demonstrate liability, but they must also comply with the applicable rules of procedure. If they fail to do so, their claim may be dismissed, as demonstrated in a recent ruling issued in a dental malpractice case filed in a Maryland federal court. If you suffered harm due to the carelessness of a dentist, it is wise to confer with a Maryland medical malpractice lawyer about what claims you may be able to pursue.

Case History

It is alleged that the plaintiff suffered harm due to inadequate dental care that he received while incarcerated. He subsequently filed a lawsuit in federal court, alleging the dentist was negligent. He also requested to proceed with the lawsuit without paying the filing fee because of his status. The court granted his in forma pauperis request but decided to dismiss the case based on the grounds that it did not meet the requirements necessary for a successful claim.

Pursuing Medical Malpractice Claims Against Dentists Under Maryland Law

The court noted that the plaintiff claimed that the defendant denied his constitutional right to adequate medical care but failed to set forth facts sufficient to support his claim. While the plaintiff alleged negligence on the part of the defendant, the court pointed out that negligence or malpractice is not enough to make a constitutional claim for inadequate medical care. Continue Reading ›

Court Discusses Inquiry Notice in Maryland Medical Malpractice Cases

Published on: March 31, 2023 | by Arfaa Law Group

In Maryland, people injured by the negligence of healthcare providers have the right to pursue medical malpractice claims. They must do so within the time proscribed by the statute of limitations, however, otherwise, their claim may be dismissed. As discussed in a recent Maryland ruling, the statutory period generally begins to run when the plaintiff knows or has reason to know of their claim. If you were injured by improperly rendered medical care, it is smart to speak to a Maryland medical malpractice lawyer promptly to avoid waiving your right to recover damages.

The Facts of the Case

It is reported that the defendant performed hip replacement surgery on the plaintiff in April 2010. The plaintiff experienced pain and complications immediately after the procedure. She continued to treat with a different orthopedic surgeon, who, in December 2010, opined, recommended revision surgery. In January 2014, the plaintiff filed a medical malpractice lawsuit against the defendant, alleging he negligently performed the hip replacement surgery.

Allegedly, the defendant moved for summary judgment asserting that, as a matter of law, the plaintiff had inquiry notice of her claims against him in December 2010, and therefore, her claims were barred by the statute of limitations. The court found in favor of the defendant and granted his motion. The plaintiff appealed. Continue Reading ›

Maryland Court Discusses Rebuttal Evidence in Medical Malpractice Cases

Published on: March 22, 2023 | by Arfaa Law Group

Many people struggle to conceive children or carry a pregnancy to term. Luckily, advances in medicine and technology allow people to become parents in non-traditional ways, including through the use of a gestational carrier. There are risks associated with working with a gestational carrier, however, including the possibility that the carrier’s underlying health conditions may lead to complications during pregnancy. Thus, they typically must undergo a stringent screening process; if a doctor fails to vet a gestational carrier appropriately, it can lead to serious issues and, as demonstrated in a recent Maryland case, likely constitutes malpractice. If you were harmed by a doctor’s recklessness, it is in your best interest to contact a Maryland medical malpractice lawyer about your possible claims.

Procedural History of the Case

It is reported that the plaintiffs entered into a gestational carrier contract with a woman who failed to disclose her pregnancy complications. The plaintiffs’ doctor proceeded with an embryo transfer without receiving prior medical records or clearance from the carrier’s regular obstetrician, which resulted in the carrier developing severe preeclampsia and delivering prematurely at 25 weeks. The infant died 21 days after birth. The plaintiffs filed a medical malpractice lawsuit against the doctor and the fertility center, and the case proceeded to trial. The jury ultimately awarded the plaintiffs over $40 million. The defendants appealed on numerous grounds, including the assertion that the trial court admitted improper rebuttal evidence from the plaintiff mother.

Rebuttal Evidence in Medical Malpractice Cases

On appeal, the defendants argued that the trial court erred by allowing the plaintiff mother to provide improper rebuttal testimony that addressed matters already addressed in the plaintiffs’ case-in-chief. The plaintiffs disagreed, arguing that the defendant’s testimony went beyond plaintiff mother direct testimony by introducing new evidence, and it was necessary that plaintiff mother was able to rebut her testimony so the jury would not be left with an “erroneous impression.” Continue Reading ›