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Medical professionals have a duty to act promptly when diagnostic imaging reveals potentially life-threatening conditions. In cases involving delay in diagnosis, the success of a medical malpractice claim often hinges on expert testimony linking that delay to a patient’s injury or death. A recent decision from a Maryland court illustrates the high bar plaintiffs must meet to establish causation through expert evidence. If you lost a loved one due to a delay in diagnosis or treatment, you should speak to a knowledgeable Baltimore medical malpractice attorney about your rights.

Factual Allegations and Procedural History

It is alleged that the decedent, a 66-year-old woman with Stage IV uterine cancer, died from sepsis at a Maryland hospital in October 2020. According to the estate, the decedent’s death was caused by medical negligence on the part of a radiologist who misread abdominal x-rays during her third visit to the hospital in less than 48 hours. It is reported that during that third visit, the decedent underwent several abdominal x-rays to confirm the placement of a nasogastric tube. The defendant radiologist interpreted one x-ray as showing proper tube placement without other findings. Later, the radiologist reviewed a subsequent image and noted free air under the diaphragm, indicating possible bowel perforation. An addendum was then added to the earlier x-ray to reflect the same.

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 ›

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 ›

Doctors undergo years of training and education to ensure that they possess the knowledge and skills needed to provide their patients with competent care. Despite this fact, doctors can commit errors in judgment that cause their patients to suffer lifelong harm. Fortunately, Maryland law permits patients injured by negligent medical care to pursue medical malpractice claims against their doctors, and patients that successfully establish liability may be awarded significant damages. While compensation alone cannot make up for the loss of a person’s health, it can validate the significance of their losses and help them obtain the resources needed to move forward in their lives. This was illustrated recently when a Maryland jury awarded a plaintiff in a medical malpractice case $5 million for harm suffered at the hands of her doctor. If you suffered injuries due to incompetent medical care, you have the right to pursue claims against your doctor, and you should speak with a Maryland medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm

It is alleged that the plaintiff sought treatment from the defendant in 2014 for abdominal pain and gastrointestinal issues. At their initial visit, she advised the defendant of her symptoms and that she had a family history of pancreatic cancer. The defendant, a gastroenterologist, recommended that the plaintiff undergo a diagnostic procedure that involved using a scope that was inserted through the mouth to examine the pancreas, liver, and other parts of the digestive system.

It is reported that the plaintiff consented to the procedure, but shortly after it was completed, she began to experience severe abdominal pain and visited the emergency department of a hospital. She was diagnosed with pancreatitis, which was deemed a result of the test. She subsequently filed a medical malpractice lawsuit against the defendant, alleging in part that she was hospitalized for almost a year and now has to take medication every time she eats to allow her body to break down her food. She further asserted that the defendant failed to obtain her informed consent in that he neglected to advise her that pancreatitis was a risk of the procedure. Continue Reading ›

Attorneys have a duty to advocate on behalf of their clients. Thus, if an attorney and their client disagree as to how to litigate a matter or an attorney does not feel it can adequately represent a client’s interests, it may withdraw from the case. In doing so, however, the attorney must comply with certain procedural rules; otherwise, it may adversely affect their client’s rights. In a ruling recently set forth in a medical malpractice case, a court explained a plaintiff’s recourse when an attorney withdraws from a case without following proper procedure. If you were harmed by medical negligence, it is smart to consult a skillful Maryland medical malpractice lawyer to assess your options for seeking compensation.

Procedural History of the Case

It is reported that the plaintiff sought treatment with the defendant for anorectal health issues. The defendant ultimately performed surgery on the plaintiff to alleviate his symptoms. The plaintiff asserts the defendant did not perform the procedure properly, causing him to suffer permanent harm, physical and emotional suffering and pain, and other damages. He filed a medical malpractice lawsuit against the defendant but failed to comply with the scheduling order.

Allegedly, after numerous discovery delays, the defendant moved for sanctions. The plaintiff’s attorney took responsibility for the delays but shortly thereafter moved to withdraw from the case. The court granted the motion but refused the plaintiff’s subsequent motion to extend discovery deadlines. The defendant then filed a motion to dismiss the case, and the court granted the motion. The plaintiff appealed. Continue Reading ›

In an opinion delivered in July, the Court of Special Appeals of Maryland ruled that Maryland’s wrongful death statute must be strictly construed, and therefore, a decedent’s beneficiaries cannot recover damages by showing that the defendant’s negligence shortened the life of the decedent, unless they establish that the defendant also caused the decedent’s death. The ruling may be overturned, however, as the Court of Appeals recently agreed to examine the lower court finding to determine a patient’s terminal condition can give rise to a wrongful death claim based on the assertion that they would have lived years longer if the diagnosis had been made and life-prolonging therapy started sooner. If you suffered the loss of a loved one because of medical negligence, it is advisable to speak to a trusted Maryland medical malpractice lawyer to discuss what damages you may be owed.

The Decedent’s Family’s Appeal

It is reported that the Court of Appeals agreed this month to examine a lower court finding that said family members suing for wrongful death must establish that the doctor’s carelessness caused their loved one’s death, not just that they were denied additional time with them. The decedent’s family lost their appeal to the Court of Special Appeals, which dismissed their argument that she would have lived another 2 1/2 years if the defendant had correctly identified her deadly breast cancer in 2013.

The Previous Ruling

In July, the Maryland Court of Special Appeals held that the state’s wrongful death legislation must be strictly construed to apply solely when a wrongful act causes the death of another, as the law states. The court said in its ruling that the defendant’s alleged failure to diagnose the decedent’s fatal cancer did not cause her death because an accurate diagnosis would not have prevented her death from the disease. The court explained that, in a wrongful death suit, death is the only injury for which plaintiffs can sue. Continue Reading ›

Many medications cause known side effects. Typically, however, a doctor prescribing a drug will determine the benefits outweigh the dangers of taking them. Doctors cannot make this determination for their patients, though, and therefore they have an obligation to advise them of the risks of harm associated with the treatment they recommend. If they do not, they may be held responsible for losses their patients subsequently suffer, even if they arise out of established risks. Lack of informed consent claims must be filed in a timely manner; however, otherwise, they may be time-barred, as demonstrated in a recent ruling issued by a Maryland court. If you sustained injuries due to your doctor’s failure to advise of the risks associated with a treatment, you should meet with a knowledgeable Maryland medical malpractice lawyer to discuss what claims you may be able to pursue.

The Plaintiff’s Harm

It is reported that in 2010, the plaintiff was treated by the defendant pulmonologist due to complaints of shortness of breath and a chronic cough. The defendant diagnosed the plaintiff with numerous lung conditions and initial treated him with a steroid. When the plaintiff did not improve, the defendant doctor prescribed Cytoxan. He slowly began to improve and continued to take the medication until May 2013.

Allegedly, the plaintiff married in 2016. After trying to conceive for a year with no success, he visited a fertility specialist, who determined he had no viable sperm. The specialist attributed this to Cytoxan toxicity. The plaintiff then filed a lack of informed consent claim against the defendant. The defendant moved for dismissal, arguing the plaintiff’s claims were barred by the statute of limitations. Continue Reading ›

While people generally do not think of bankruptcy and medical malpractice claims as related, a recent ruling issued in a Maryland medical malpractice case suggests otherwise. Specifically, the court found the doctrine of judicial estoppel barred a plaintiff’s medical malpractice claims due to the position she took in an unrelated bankruptcy matter. While the plaintiff’s waiver of the right to pursue malpractice claims was inadvertent, the case highlights the consequences of failing to disclose potential causes of action in other forums. If you were harmed by medical malpractice, it is in your best interest to meet with a trusted Maryland medical malpractice lawyer to determine what measures you can employ to protect your interests.

History of the Case

It is reported that in 2012 the defendant performed abdominal surgery on the plaintiff.  The plaintiff suffered numerous side effects following the surgery, and in early 2016, she filed a lawsuit against the defendant, alleging medical negligence and failure to obtain informed consent.

Allegedly, although the plaintiff did not pursue medical malpractice claims against the defendant until 2016, she admitted she knew as early as the summer of 2013 that she intended to sue the defendant. In 2014, in between her surgery and subsequent malpractice suit, she filed a petition for bankruptcy. In her petition, she indicated that she had no contingent or unliquidated claims of any kind. In 2017, the defendant moved to dismiss the plaintiff’s claims, arguing they were barred by the doctrine of judicial estoppel. The court granted the motion, and the plaintiff appealed. Continue Reading ›

In Maryland, dental malpractice claims, like other allegations of medical malpractice, must typically be proven via expert testimony. Thus, if a court deems a plaintiff’s expert testimony inadmissible, it will likely result in a ruling in favor of the defendant. If an expert report is sufficient under the evidentiary standards, however, it should not be deemed inadmissible, even if the expert did not review the plaintiff’s treating records prior to issuing the report, as explained in a recent ruling issued by a Maryland appellate court in a dental malpractice case. If you were hurt by incompetent dental care, it is smart to speak to a Maryland dental malpractice lawyer about your options for seeking compensation.

The Plaintiff’s Harm

It is reported that the defendant performed surgical removal of the plaintiff’s wisdom teeth. Following the procedure, the plaintiff experienced a permanent loss of feeling in her tongue. As such, she filed a dental malpractice lawsuit against the defendant, alleging he negligently severed her lingual nerves during the surgery. The defendant moved for summary judgment, and the court granted the motion, dismissing the plaintiff’s claims. The plaintiff then appealed.

Sufficiency of Expert Opinions in Dental Malpractice Cases

In granting the defendant’s motion for summary judgment, the trial court relied in part on the defendant’s assertion that the plaintiff’s expert opinion was unreliable because he did not review the medical records from her treating providers. The appellate court explained that juries could not infer medical negligence without testimony from experts, as issues relating to the standard of care and medical causation are beyond the understanding of the average layperson. Continue Reading ›

Generally, when a defendant physician is accused of committing medical malpractice, the physician will refute the allegations throughout the process of litigation but will participate in defense of the plaintiff’s claims. A plaintiff in a medical malpractice case may seemingly be left with no recourse, however, if the defendant physician leaves the country and refuses to participate in the case. Recently, a federal appellate court discussed whether the insurer of a physician accused of medical malpractice can be held liable for damages assessed against the physician after the physician fled the country. If you were harmed by medical malpractice, it is important to retain an attorney who will fight diligently to protect your interests.

Facts of the Case

Allegedly, the defendant doctor treated the plaintiff’s decedent for shortness of breath and chest pain. While the defendant administered a stress test and EKG to the decedent and prescribed him a beta-blocker, the defendant did not advise the decedent to seek any other medical attention or visit a cardiologist. The decedent died due to a cardiac event eight days after he visited the defendant. The plaintiff subsequently advised the defendant’s malpractice insurer that she intended to file a medical malpractice lawsuit against the defendant, and provided the insurer with a copy of the complaint. The insurer retained an attorney to represent the defendant, but he was unable to locate the defendant, who moved to Pakistan and had no plans to return.