In Maryland medical malpractice cases, a plaintiff must show that the defendant’s negligence caused the plaintiff’s harm. In cases in which the plaintiff alleges the defendant’s negligence caused the wrongful death due of a loved one, however, the defendant may be able to argue that the loss of chance doctrine operates to bar the recovery of compensation. The loss of chance doctrine is not always applicable, however, as discussed in a recent Maryland medical malpractice case in which the court explained the doctrine’s parameters. If you lost a loved one due to negligent medical care, it is in your best interest to speak to a skillful Maryland medical malpractice attorney to examine what damages you may be able to recover.
Facts of the Case
It is reported that the plaintiff’s decedent presented to the defendant doctor in February 2013, with complaints of pain in his tongue. The defendant performed a scrape biopsy, which did not indicate cancerous cells were present, but the pathologist noted that the sample was clinically suspicious and may not represent the entire lesion. No further actions were taken at that time, however. In May 2014, the plaintiff’s decedent visited the defendant a second time, and the defendant recommended an excisional biopsy, which was performed in June. The second biopsy revealed that the plaintiff’s decedent was suffering from invasive squamous cell cancer. The plaintiff’s decedent underwent aggressive treatment but ultimately passed away due to the cancer.
It is alleged that the plaintiff failed a medical malpractice lawsuit against the defendant, alleging that the defendant’s failure to diagnose the plaintiff’s decedent in February 2013 caused the decedent’s harm. Specifically, the lawsuit set forth survival and wrongful death claims. At trial, the defendant filed a motion for judgment at the close of the plaintiff’s case, arguing that the loss of chance doctrine barred the plaintiff’s claims. The trial court granted the defendant’s motion, and the plaintiff appealed. Continue Reading