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Medical malpractice claims are often legally complex and require expert testimony on numerous medical issues and standards. In Maryland, they are procedurally complex as well, and if parties fail to abide by the applicable procedural rules, their claims may be dismissed. This was confirmed in a recent ruling issued in a Maryland case, in which the court found that the plaintiff’s claim was properly dismissed for being filed outside of the statute of limitations. If you suffered injuries due to the negligence of your healthcare provider, it is in your best interest to talk to a Baltimore medical malpractice lawyer as soon as possible to protect your right to pursue damages.

Case Setting

It is reported that the decedent, a long-term resident of a nursing home owned by the defendant, had a G-Tube for nutrition and hydration. In January 2018, the G-Tube became dislodged, prompting an assessment by a nurse. Although an appointment with a gastroenterologist was scheduled, the defendant later canceled it. In April 2018, the decedent was again evaluated by a provider employed by the defendant due to G-Tube issues, but no further actions were taken.

Allegedly, in May 2018, the plaintiff was taken to a gastroenterology clinic, where an immediate hospital examination was recommended. She was subsequently admitted to the hospital, and her condition worsened, leading to her death in June 2018. In August 2020, the plaintiff filed a complaint alleging medical negligence against the defendant. Continue Reading ›

When people visit the emergency department of a hospital, they anticipate that any conditions causing their symptoms will be accurately diagnosed. Unfortunately, this is not always the case, and a missed diagnosis can lead to years of complications and may be grounds for pursuing a medical malpractice claim. Recently, a Maryland court discussed when a claim arising out of a missed diagnosis begins to accrue in a matter in which the defendant argued the plaintiff’s claims were untimely. If you were injured by a missed diagnosis, it is wise to consult a Baltimore medical malpractice lawyer about your options.

Factual and Procedural History of the Case

It is alleged that the plaintiff was involved in a severe car accident in January 2017. He was transported to the defendant’s hospital, where he was diagnosed with a fracture of the right femur. He had fractures of the second and third metatarsals as well, but they were not detected at that time. Numerous doctors took over his orthopedic care, none of whom detected the toe fractures until April 2017. Despite continued pain and difficulty bearing weight on his right foot, subsequent assessments failed to identify the metatarsal fractures as the underlying issue until February 2018. By January 2019, further imaging confirmed malunions of the metatarsal fractures, leading to discussions about potential surgical interventions.

It is reported that the plaintiff filed a complaint against the defendant, alleging negligence in failing to inform him of his metatarsal fractures, not communicating this information to subsequent providers, and not providing appropriate treatment. The defendants moved for summary judgment, arguing that the claims were time-barred, as they accrued more than three years before the second complaint. The plaintiff contested this, arguing that his claims didn’t accrue until January 2019 when a CT scan revealed malunions. The court granted summary judgment, prompting the plaintiff’s appeal. Continue Reading ›

The federal government owns and operates several medical facilities in Maryland. Doctors who work for the federal government are held to the same standard of care as other practitioners. As such, they can generally be held liable for medical malpractice if they deviate from the standard and subsequently cause their patients harm. There are exceptions to the general rule, however, as demonstrated in a recent Maryland opinion in which the court affirmed the dismissal of the plaintiff’s claim as it found it occurred as a result of his military service. If you suffered harm at a federal facility, it is wise to meet with a Baltimore medical malpractice lawyer to evaluate your rights.

History of the Case

It is reported that the plaintiff underwent spinal surgery at a government hospital. The procedure was performed by military doctors, as he was a member of the military. Tragically, the plaintiff suffered life-altering complications, including a spinal injury, decubitus ulcers, and deep venous thrombosis, that caused permanent harm and required extensive treatment. The defendant subsequently commenced a medical malpractice claim against the federal government, pursuant to the Federal Tort Claims Act.

Allegedly, despite being on inactive status in the Air National Guard at the time of the surgery, the plaintiff had not been discharged from the military, nor was he on leave substantially similar to discharged or veteran status. The court found this status sufficient to bring the plaintiff’s injuries under the purview of the Feres doctrine. As such, the court dismissed the plaintiff’s claims for lack of subject matter jurisdiction. The plaintiff appealed. Continue Reading ›

Doctors regularly perform surgical procedures on patients for a variety of health conditions. If a patient subsequently suffers harm following what should be a routine procedure, it is likely due to medical errors on behalf of their surgeon. As such, they may be able to recover damages in a medical malpractice claim. Maryland law requires that in order to prove liability for medical malpractice, a plaintiff must demonstrate both the defendant’s negligence and harm resulting from such carelessness. If they do, however, any verdict in their favor should be upheld, as demonstrated in a recent ruling issued by a Maryland court in a medical malpractice case. If you suffered harm during a surgical procedure, it is important to understand your rights, and you should speak to a Baltimore medical malpractice lawyer regarding what claims you may be able to pursue.

Factual and Procedural History of the Case

It is alleged that the plaintiff commenced a medical malpractice claim against the defendant doctor and defendant medical center, alleging that she suffered injuries during what should have been a routine procedure to remove fibroids from her uterus. The case proceeded to trial; after the plaintiff presented her case, the defendant moved for judgment as a matter of law. The court denied the motion, and the jury found in favor of the plaintiff. The defendants then filed a renewed motion for judgment as a matter of law, which the court denied. The defendants appealed, contending that the plaintiff failed to present adequate evidence to support the jury’s conclusion that they were responsible for her injuries.

Proof of Causation in Medical Malpractice Cases

On appeal, the court affirmed the trial court ruling. In doing so, the court examined the case through the lens of Rule 50(b), which requires a determination of whether, viewing the evidence in the light most favorable to the prevailing party—in this case, the plaintiff—a reasonable jury could have reached the same conclusion. Continue Reading ›

People who experience alarming symptoms will typically seek medical attention, in hopes of obtaining an accurate diagnosis and appropriate care. Sadly, however, doctors often fail patients by ignoring their symptoms until their health has deteriorated past the point of return. In such instances, the impacted patients can often recover substantial damages, as demonstrated by a recent Wicomico County verdict in excess of $3 million in a case arising out of a missed cancer diagnosis. While many cannot compensate for the loss of one’s health, it may alleviate some of the financial concerns associated with treating cancer. If you suffered harm due to a doctor’s failure to diagnose cancer, it is smart to talk to a Baltimore medical malpractice lawyer about your possible claims.

The Wicomico Case

It is reported that a recent medical malpractice lawsuit in Wicomico County, Maryland resulted in a record $3.38 million verdict, marking the largest of its kind in the county’s history. The case alleged that the defendant radiologist failed to appropriately evaluate, treat, and report the plaintiff’s medical condition, leading to a devastating progression from stage I to stage IV cancer. The jury, comprised of six individuals, unanimously ruled in favor of the plaintiff after careful consideration of the evidence presented.

According to the complaint, the plaintiff initially noticed a small lump in front of her right ear in March 2021. After consulting medical professionals and undergoing a contrast-enhanced soft tissue neck CT at Peninsula, the radiologist classified the scan’s results as a “normal variant” and did not recommend further testing or treatment. However, by July 2021, the plaintiff noticed that the mass had grown larger, prompting her to seek further medical attention. Subsequent testing revealed the progression of her cancer, necessitating surgery in January 2022. Continue Reading ›

Many people in Baltimore entrust the care of their loved ones to nursing homes, with the anticipating that they will receive attentive care. Sadly, many nursing home residents are neglected, and such neglect often results in significant bodily injuries. When it does, it often constitutes grounds for pursuing malpractice claims against the nursing home. In a recent Baltimore nursing home malpractice case, a jury delivered a substantial verdict for the plaintiff, demonstrating that nursing homes will be held accountable for the harm they cause. If you or a loved one sustained injuries due to the carelessness of a nursing home, it is wise to confer with a Baltimore medical malpractice attorney regarding your rights.

The Case Against the Baltimore Nursing Home

Reportedly, a Baltimore City jury awarded damages in the amount of $1.5 million to a deceased Baltimore nursing home resident’s estate in a negligence and medical malpractice lawsuit. The jury found in favor of the plaintiff, represented by the personal representative for the estate, against the nursing home, alleging negligence in the care and treatment of the deceased individual, which led to his death.

Allegedly, the complaint stated that the resident died from a bone infection caused by pressure wounds that developed due to the nursing home staff’s failure to turn and reposition him, resulting in a stage 4 pressure ulcer. The complaint also highlighted staffing concerns and allegations of negligence, including the failure to treat the resident’s wounds and implement safety precautions. The nursing home denied the allegations, attributing the resident’s health conditions to the pressure ulcer and subsequent death, but the jury ultimately rejected their arguments, finding in favor of the plaintiff. Continue Reading ›

Cosmetic procedures, generally, aim to improve people’s appearances. Nonetheless, they are medical treatments that must be rendered with appropriate skill and care. If they are not, complications can arise, and the responsible parties may be liable for malpractice. In many instances, it is not immediately clear who is involved in performing such procedures. Thus, it sometimes becomes necessary to amend medical malpractice complaints. In a recent Maryland ruling, the court discussed when such amendments are permitted. If you sustained harm due to an improperly performed surgical procedure, it is smart to meet with a Baltimore medical malpractice attorney to evaluate your options.

Factual and Procedural Background

It is reported that the plaintiff initiated a medical malpractice lawsuit against several parties, including the defendant doctor and the defendant hospital, after undergoing plastic surgery at the defendant hospital in June 2021. The plaintiff alleged negligence claims against the defendant doctor and the hospital’s employees, arguing their carelessness caused her to develop bilateral compartment syndrome and incur extensive medical expenses.

Allegedly, during discovery, the hospital produced a document, signed by the defendant doctor, indicating his supervisory role over physician assistants caring for his patients. The plaintiff sought to amend the complaint to assert that the defendant doctor was an ostensible agent of the hospital despite the deadline for amendments having passed. The defendant hospital opposed the motion, arguing the amendment was untimely and allowing it would be prejudicial. Continue Reading ›

The COVID-19 pandemic was an unprecedented event that changed most aspects of people’s lives, including their expectations with regard to medical care. Specifically, during the pandemic, Maryland passed a law providing statutory immunity to medical providers acting in good faith during the health emergency.  In a recent Maryland ruling issued in a medical malpractice case, a court discussed the parameters of this statute, ultimately dismissing the plaintiff’s claims against the defendant. If you were hurt by inadequate medical care, it is wise to meet with a Baltimore medical malpractice lawyer to weigh your potential claims.

History of the Case

It is reported that the plaintiff, who experienced medical issues at the onset of the COVID-19 pandemic in 2020, visited the emergency department at the defendant medical center twice in April. During the first visit, she exhibited symptoms consistent with COVID-19 and reported potential exposure to the virus. Despite this, she was not tested for COVID-19 due to the testing criteria in place at the time. On her subsequent visit three days later, she again displayed symptoms suggestive of COVID-19 but was discharged without being tested.

It is alleged that following further medical complications, the plaintiff instituted a medical malpractice lawsuit against the defendant medical center alleging negligence. The defendant medical center sought summary judgment arguing they had statutory immunity under Maryland law, as they acted in good faith under a catastrophic health emergency proclamation. The circuit court granted the defendant medical center’s motion, prompting the plaintiff ‘s appeal. Continue Reading ›

People housed in state and federal facilities often require medical care for chronic and acute conditions. If the care they receive is substandard and causes them harm, the provider responsible for their injuries may be deemed liable for medical malpractice. As demonstrated in a recent Maryland ruling, however, they must offer adequate proof that the provider breached the applicable standard of care, otherwise their claims may be dismissed. If you were hurt by the carelessness of a doctor, it is wise to meet with a Baltimore medical malpractice attorney to evaluate your possible claims.

Procedural and Factual History of the Case

It is alleged that the plaintiff, who was self-represented and confined to a Maryland correctional facility, filed a lawsuit against the defendants, a warden and a psychologist who worked at the facility. The plaintiff set forth numerous claims, including inadequate medical care, and sought both damages and injunctive relief.  Both defendants filed separate Motions to Dismiss or, in the Alternative, for Summary Judgment, arguing, among other things, immunity, failure to exhaust administrative remedies, and lack of personal involvement in the causing the plaintiff’s harm.

Demonstrating Harm Caused by Inadequate Medical Care

After reviewing the motions, the court found no need for a hearing. Instead, it granted the defendants’ motions, treating them as motions for summary judgment. The court began by addressing the Eleventh Amendment, determining that claims against the defendants in their official capacities were barred by sovereign immunity. Continue Reading ›

Generally, Marylanders expect that when they visit medical professionals for treatment of acute or chronic conditions, they will receive competent care. As demonstrated by recent data, however, medical errors are on the rise in Maryland, and patients are suffering harm as a result of the oversights and omissions of health care providers. If you suffered harm because of negligent medical care, you may be able to recover damages, and you should talk to a Baltimore medical malpractice attorney about your rights.

Increase in Medical Errors in Maryland Health Care Settings

It is reported that a recent report issued by the Maryland Department of Health’s Office of Health Care Quality demonstrated a significant increase in medical errors causing death or serious injury in Maryland hospitals during fiscal year 2022. According to the report, there were over 800 adverse events. Most of these events were classified as “Level 1,” which indicates they caused the most severe outcomes.

Allegedly, the data also revealed a more than doubling of medical errors since fiscal year 2020, raising concerns about patient safety. The spike in errors is attributed in part to the strain on the healthcare system caused by the COVID-19 pandemic. The Maryland Hospital Association also attributed some of the increase to reporting requirements and emphasized transparency. However, patient rights advocates point to possible understaffing issues as a contributing factor. Continue Reading ›

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