Baltimore Medical Malpractice Lawyer Blog

Maryland Court Discusses Medical Malpractice Claims Under the Federal Tort Claims Act

Published on: February 28, 2023 | by Arfaa Law Group

Many people in Maryland receive medical care in federally funded facilities. If the care they receive is inadequate, and they suffer harm as a result, they have the right to seek damages via medical malpractice claims. Such claims must be pleaded carefully, however, as pleading errors can result in the dismissal of a plaintiff’s case, as illustrated in a recent opinion issued by a Maryland court. If you suffered harm because of negligent health care, you should speak to a Maryland medical malpractice lawyer about your possible claims.

The Plaintiff’s Allegations

It is reported that the plaintiff filed a complaint alleging medical malpractice and negligence claims against the United States of America and numerous individual defendants pursuant to the Federal Tort Claims Act (the Act). The claims alleged that the individually named defendants failed to provide the defendant with adequate medical care following surgery to repair dislocated and fractured bones in his left hand, causing his injury to worsen when he was housed in a federal facility. The defendants moved, inter alia, to dismiss the plaintiff’s claims against the individually named defendants on the grounds that they were barred by the Act.

Pursuing Medical Malpractice Claims Under the Federal Tort Claims Act

The court granted the defendants’ motion to the extent that it sought dismissal of the claims against the individual defendants. In its opinion, the court explained that the Act must be narrowly construed. Thus, pursuant to the Act, any claim alleging harm caused by the negligence of federal employees may not be brought against individual employees of the federal government who were acting within the scope of their employment when the allegedly harmful conduct occurred. Continue Reading ›

Court Discusses Immunity for the Treatment of COVID-19

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

During the COVID-19 pandemic, Maryland and other jurisdictions issued orders and laws impacting healthcare provider liability. While many of the orders and laws are no longer in effect, their ramifications are still present, as they can operate to bar medical malpractice claims. This was demonstrated recently when a court dismissed a plaintiff’s medical malpractice claim arising out of the negligent treatment of COVID-19 in a patient who later passed away. If you lost a loved one or sustained injuries because of inadequate medical treatment, it is in your best interest to confer with a Maryland medical malpractice lawyer about what damages you may be able to recover.

The Facts of the Case

It is reported that the decedent was admitted to the defendant’s hospital for the treatment of asthma. She was on dialysis at the time as well. She was tested for COVID-19 upon admission, and her test results were negative. During her stay, however, she was placed in a room with a patient being treated for COVID-19. The decedent tested positive for COVID-19 shortly thereafter. She declined rapidly and was placed on a ventilator. Sadly, she succumbed to the illness; her cause of death was listed as pneumonia and COVID-19.

Allegedly, the plaintiff filed a wrongful death action against the defendant on behalf of the decedent’s estate. In her complaint she asserted a single count of medical malpractice, in which she alleged the defendant’s negligence in exposing the decedent to COVID-19 and failing to provide her with adequate care caused her death. The defendant moved to dismiss the plaintiff’s claims on the grounds that they were immune pursuant to COVID-19 laws in effect at the time of the decedent’s care. Continue Reading ›

Federal Court Discusses Jurisdiction in Medical Malpractice Claims

Published on: February 12, 2023 | by Arfaa Law Group

There are arguably benefits to pursuing claims in federal court; the process is more streamlined, cases generally move quicker, and parties must exchange disclosures, so they understand the issues early on. Only certain cases can proceed in federal court, though, and generally, those cases do not include medical malpractice claims. This was illuminated recently when a federal court dismissed a plaintiff’s medical malpractice claims, not due to lack of merit but because it lacked jurisdiction over his claims. If you were harmed by a careless physician, you have the right to seek redress, and you should meet with a Maryland medical malpractice lawyer to discuss the best manner to proceed.

Factual and Procedural Background of the Case

It is alleged that the plaintiff filed a lawsuit in federal court against the defendant, arguing that the doctors it employed failed to provide him with proper medical care or prescribe him with antibiotics, despite the fact that he was suffering from an infection. He also asserted that he was unjustly asked to leave the premises. In addition to filing his pro secomplaint, he filed an application to proceed in forma pauperis. The court ultimately decided to grant his in forma pauperis application but dismissed his claims without prejudice.

Medical Malpractice Claims Pursued in Federal Courts

The federal courts have limited subject matter jurisdiction, as set forth in the federal rules. In other words, pursuant to the applicable statutes, federal jurisdiction can only be exercised over matters that present federal questions or where the amount in controversy exceeds $75,000 and the parties are of diverse citizenship. In other words, no defendant and plaintiff can reside in the same jurisdiction. Continue Reading ›

Maryland Court Discusses Duties Pharmacists Owe Patients

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

Pharmacists are considered health care providers under Maryland law. As such, if they fail to abide by the standard of care they can be held liable for any harm caused by their negligence. Typically, to demonstrate that a pharmacist committed malpractice, a plaintiff must show that the pharmacist breached a duty owed. As such, absent proof of a duty owed, the plaintiff’s claim will most likely fail. This was evident in a recent Maryland case in which the court ruled that a pharmacist had no duty to warn a patient of the dangers of taking a medication and dismissed her claim. If you were hurt by the carelessness of a pharmacist or doctor, it is advisable to talk to a Maryland medical malpractice lawyer about your rights.

The Facts of the Case

It is reported that the plaintiff suffered permanent harm after taking a medication she was prescribed after she was exposed to toxic mold. Specifically, she developed acute gastritis, which later became chronic, and was hospitalized several times. She subsequently filed a lawsuit against the manufacturer of the drug and the pharmacy that filled her prescription. As to the pharmacy, she alleged that it failed to warn her of the potential side effects of the medication, thereby causing her harm. The defendants moved to dismiss the plaintiff’s claims. The court granted the motions.

Duties Pharmacists Owe Patients

As to the pharmacy, the court held that the plaintiff failed to state a claim for which the court could grant relief. Specifically, her complaint did not set forth facts that, if proven to be true, demonstrated a plausible right to relief. The court noted that a plausible claim must be more than merely speculative or conceivable.

Court Discusses Expert Requirements in Maryland Medical Malpractice Cases

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

Pursuant to Maryland law, parties that wish to pursue medical malpractice claims must submit a certificate of qualified expert in conjunction with their complaint. If they fail to meet this requirement, their complaint will most likely be dismissed. While the expert providing the certificate must meet certain requirements, they do not have to practice in the precise specialty as the defendant, as discussed in a recent Maryland case. If you were harmed by a careless physician, it is important to understand what evidence you must offer to recover damages, and you should speak to a Maryland medical malpractice attorney as soon as possible.

Procedural History of the Case

It is alleged that the defendant surgically removed the plaintiff’s dental implants and installed replacements. The procedure required the defendant to create bone grafts and place the implants. The procedure ultimately failed, causing the plaintiff extreme pain. The plaintiff developed an infection and had to undergo additional surgery to remediate the issues caused by the initial procedure.

Reportedly, the plaintiff filed a medical malpractice lawsuit against the defendant. In conjunction with his complaint, he submitted a certificate of qualified expert, as required under Maryland law. The defendant moved to strike the certificate and dismiss the plaintiff’s complaint on the grounds that the expert was not qualified. The court granted the defendant’s motion, and the plaintiff appealed. Continue Reading ›

Maryland Court Discusses Jurisdiction In Medical Malpractice Matters

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

Pursuant to state and federal law, parties are permitted to pursue civil lawsuits, including medical malpractice claims, without the assistance of an attorney. Medical malpractice cases are challenging, however, and parties that file them without legal counsel are likely to make mistakes that impact their right to recover damages. This was demonstrated in a recent Maryland opinion delivered by the district court, in which it dismissed the plaintiff’s medical malpractice claims because of a lack of jurisdiction. If you were hurt by the negligence of your doctor, it is in your best interest to retain the assistance of a Maryland medical malpractice attorney to help you pursue damages.

History of the Case

It is alleged that the plaintiff filed a lawsuit against hospital employees in the United States District Court for the District of Maryland. The plaintiff’s complaint asserted that jurisdiction was proper because the defendants forced him to do things against his will. To his complaint, he attached a document that indicated he was discharged from a psychiatric program due to his failure to comply with the program rules and an order from a judge that committed him involuntarily to the hospital where the defendants worked. The plaintiff also moved to proceed in forma pauperis. The court granted the motion but also dismissed the plaintiff’s complaint.

Jurisdiction In Medical Malpractice Matters

In the opinion dismissing the complaint, the court explained that federal courts have limited jurisdiction. As such, a federal district court may only preside over a case if it possesses the authority granted by the Constitution and statutory law to do so. Thus, if a party wishes to proceed in federal court, they must allege and, if challenged, must show that the federal court can exercise subject matter jurisdiction over the case. Continue Reading ›

Maryland Court Discusses Motions in Limine in Medical Malpractice Cases

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

Parties in medical malpractice cases typically rely heavily on expert testimony and other evidence to establish their positions; if a party is precluded from offering certain evidence, they may be unable to prove their assertions. As such, it is not uncommon for parties in medical malpractice cases to file motions in limine prior to trial, asking the courts to limit what evidence their opponents are permitted to introduce. In a recent Maryland medical malpractice case arising out of a negligently performed spinal surgery, a court explained the grounds for granting motions in limine. If you were injured due to the carelessness of your surgeon, it is wise to confer with a Maryland medical malpractice attorney about what claims you may be able to pursue.

The History of the Case

Allegedly, the defendant performed a lumbar endoscopic discectomy on the plaintiff. The plaintiff experienced extreme pain following the procedure. During a surgical follow-up visit, the defendant advised the plaintiff that she may have re-herniated one of the discs he repaired and that she had residual scar tissue surrounding her spine. The plaintiff underwent two additional procedures on her back that were performed by other physicians but continued to experience pain.

Maryland Court Issues Findings in a Medical Malpractice

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

People who suffer harm due to the incompetence of their healthcare providers will often seek compensation via medical malpractice claims. While many people pursuing such claims will present their evidence to a jury, others will ask a judge to rule on issues of liability and damages; this was demonstrated in a recent Maryland case in which the plaintiff alleged she suffered emotional and psychological injuries because of the tortious conduct of the defendant healthcare provider’s employee. If you were injured by the carelessness of a healthcare provider, it is wise to confer with a Maryland medical malpractice lawyer to discuss your options for seeking damages.

The Facts of the Case

It is alleged that the plaintiff was treated at a medical center operated by the defendant. The plaintiff was a veteran of the United States military who suffered from multiple health issues; the medical center provided veterans with medical care. During a treatment visit, one of the defendant’s employees walked in on the plaintiff’s medical exam without permission. The plaintiff was partially disrobed at the time and undergoing an examination.

Reportedly, the employee subsequently made numerous unsolicited phone calls to the plaintiff. The plaintiff subsequently filed a lawsuit against the defendant, asserting professional negligence, vicarious liability, and other claims pursuant to the Federal Tort Claims Act. The case proceeded to a bench trial, and after examining the evidence, the court issued findings of fact and conclusions of law. Continue Reading ›

Maryland Court Explains Procedural Requirements in Medical Malpractice Cases

Published on: December 27, 2022 | by Arfaa Law Group

Maryland imposes strict requirements on parties that wish to pursue medical malpractice claims. Specifically, among other things, the Maryland Code dictates that a person that wants to seek damages from a health care provider for harm related to their treatment must first fulfill certain procedural requirements. If they neglect to do so, their claim will most likely be dismissed, as demonstrated in a recent opinion issued by a Maryland court. If you were harmed by inadequate medical treatment, it is wise to talk to a Maryland medical malpractice lawyer to determine your possible claims.

The Plaintiff’s Allegations

It is reported that the plaintiff and his wife sought fertility treatment from the defendant. They underwent an IVF procedure, during which ten eggs were retrieved and fertilized. Due to COVID-19, embryo transfers were prohibited for a period of time. The plaintiff requested and ultimately received a transfer of the couple’s embryos to another facility. Due to dissatisfaction with communication with the defendant, a dispute over charges, and other issues, the plaintiff filed a medical malpractice lawsuit asserting claims against the defendant. The defendant moved to dismiss the plaintiff’s complaint due to procedural defects. The court granted the motion, and the plaintiff appealed.

Procedural Requirements for Seeking Damages for Medical Malpractice

On appeal, the court affirmed the trial court ruling. The court explained that a plaintiff that wishes to pursue a medical malpractice case must submit a claim to the Health Care Alternative Dispute Resolution Office (HCADRO) Director. They must also file a Certificate of Qualified Expert with the HCADRO director. Filing the claim and certificate with the HCADRO director are conditions precedent that must be met prior to filing an action in court. Continue Reading ›

Court Discusses Pursuing Medical Malpractice Claims Under Maryland Law

Published on: December 20, 2022 | by Arfaa Law Group

It is an unfortunate fact that people confined to federal facilities are often the victims of incompetent medical care. In such instances, they have the right to seek compensation for their losses. As with any other civil claim asserted under Maryland law, they must abide by procedural rules, and if they neglect to do so, their claims may be dismissed. If you sustained harm at the hands of a neglectful health care provider, it is in your best interest to confer with a Maryland medical malpractice attorney to discuss your rights.

The Plaintiff’s Harm

It is reported that the plaintiff was confined to a federal facility. When he first arrived, he told a staff member that he required a special diet due to health issues. Regardless, he received a normal diet. Throughout the course of his confinement, he requested medical care for various issues, including a swollen and bloody eye following an assault, a facial fracture, and other issues, but was denied treatment each time.

It is alleged that the plaintiff filed a lawsuit seeking claims against the nurse that worked in the facility, the medical provider that offered care in the facility, and other entities, alleging he was denied medical care and seemed to allege that the plaintiff was the victim of medical malpractice. One set of defendants filed an answer followed by a motion for judgment on the pleadings, while another filed a motion to dismiss or, in the alternative, a motion for summary judgment. The plaintiff did not file a response to either motion. The court, upon reviewing the plaintiff’s complaint and the defendants’ motions and briefs, found in favor of the defendants and granted their motions. Continue Reading ›