Baltimore Medical Malpractice Lawyer Blog

Medical malpractice cases require jurors to determine whether a provider acted with the care and skill expected of a reasonably competent provider in a similar practice and under similar circumstances. In a recent Maryland case, the court considered whether general negligence instructions improperly influenced a jury that found a neurosurgeon liable for negligent treatment. The court upheld the verdict and explained how ordinary negligence principles relate to the professional standard governing health care providers. If negligent surgery or delayed treatment caused you harm, you should talk to a Baltimore medical malpractice attorney who can assess your potential claim.

Facts of the Case

Allegedly, a patient visited a neurosurgeon after developing numbness in two fingers and experiencing intermittent neck and shoulder pain. The surgeon recommended an operation. During the procedure, the surgeon removed damaged spinal discs and fused vertebrae in the patient’s neck.

Reportedly, an infection developed at the surgical site. The patient returned to the hospital and consulted several physicians, including the surgeon, before being hospitalized because of the infection. Years later, he continued to experience neck pain and a severely restricted range of motion.

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In a medical malpractice case, an expert must do more than identify care that may have fallen short. The expert must also explain how that care caused the injury the patient claims. A recent decision illustrates how unreliable reasoning and incomplete expert disclosures can end a case before trial. If you believe delayed diagnosis or treatment worsened your condition, it is advisable to consult a Baltimore medical malpractice attorney about preserving the evidence needed to prove causation.

Case Setting

Reportedly, the patient underwent emergency surgery in June 2022 for a tear in his ascending aorta. After the operation, intensive care staff noted confusion, followed by weakness in both legs. Neurology recommended imaging to investigate a possible stroke, but the hospital deferred an MRI because transport and reduced monitoring posed safety concerns while the patient remained unstable. An MRI performed several days later showed a stroke. The patient later described ongoing cognitive and physical difficulties, while the hospital maintained that his physical strength had substantially recovered.

Allegedly, the patient, through his power of attorney, sued the hospital and treating physicians in federal court. The complaint asserted that the providers delayed imaging, failed to manage blood pressure appropriately, and did not consider a lumbar drain soon enough, worsening the stroke’s effects. After discovery, the hospital asked the court to exclude two experts’ causation opinions. The trial court excluded both and granted summary judgment because the patient had no admissible expert testimony connecting the challenged care to lasting injury. The patient appealed those rulings. Continue Reading ›

Medical malpractice claims may become part of a bankruptcy estate when the underlying injury occurred before the patient filed for bankruptcy. In a recent case, the court considered whether a bankruptcy trustee could continue a medical malpractice action that the patient had failed to disclose during her bankruptcy case. The court allowed the trustee to pursue the claim for the benefit of creditors. If you were harmed by negligent medical care, a Baltimore medical malpractice attorney can evaluate your legal options.

Factual Setting and Procedural History

Allegedly, a patient underwent a total hysterectomy at a Washington, D.C. hospital in July 2015. She later maintained that the procedure had been performed improperly and caused injuries. In February 2019, she sent the hospital the notice required before filing a medical malpractice action.

A malpractice case can end before a jury hears it when expert proof falls short. That risk is acute when postoperative injuries require specialists to connect treatment with lasting harm. A recent federal appeal examined whether two experts reliably linked delayed stroke mitigation to permanent neurological injury. If you believe negligent hospital care caused life-changing complications, consult a Baltimore medical malpractice attorney promptly about preserving evidence and securing the expert support your claim may require.

Facts and Procedural History

Allegedly, a 42-year-old patient arrived at a hospital in June 2022 with severe chest pain and underwent emergency repair of an ascending aortic dissection. After six procedures concluded without identified complications, the patient entered intensive care in critical but stable condition. Confusion appeared the next day, followed by concern about altered brain activity and severe weakness in both legs. Neurology recommended magnetic resonance imaging and a head scan because of concern for a spinal cord stroke.

Reportedly, clinicians deferred the MRI because transport outside intensive care, reduced monitoring, and removal of wires used for blood-pressure management posed safety concerns. An MRI days later showed a stroke. The patient asserted that providers had not timely raised blood pressure or considered a lumbar drain. After rehabilitation, the patient claimed continuing limitations, while the defendants cited improved strength, mobility, and daily functioning. Continue Reading ›

A medical malpractice lawsuit can force an injured patient to undergo another examination, this time at the defense’s request. That prospect raises immediate questions about privacy, physical discomfort, and how far discovery should reach. A recent federal ruling in Maryland confronted those concerns when the defense sought a flexible laryngoscopy to examine claimed vocal cord paralysis. If a surgical injury has disrupted your breathing, voice, or daily life, speak with a Baltimore medical malpractice attorney about protecting your rights during the claim process. 

Case Setting

Allegedly, the plaintiff consulted a surgeon about the thyroid gland in September 2023 and underwent a total thyroidectomy the following month. After surgery, the plaintiff experienced respiratory distress and stridor, a high-pitched sound associated with a narrowed or obstructed upper airway. The surgeon ordered reintubation approximately three hours later. Following extubation two days afterward, the plaintiff continued to experience intermittent stridor, swallowing difficulty, and a weak voice while receiving intensive care.

Maryland medical malpractice claims must pass through a specialized pre-suit process before a claimant may pursue them in court. Missing an expert certificate or filing deadline can end a case without a decision on negligent care. This was demonstrated in a recent Maryland appellate decision that illustrated how strictly courts enforce those requirements. If you were injured by incompetent medical care, it is important to act promptly, and you should discuss your potential claims with a Baltimore medical malpractice attorney as soon as possible.

Facts and Procedural History

Allegedly, the plaintiff received emergency-room care on June 3, 2021, and an intravenous line may have been inserted improperly into the plaintiff’s hand. Acting without counsel, the plaintiff filed both a circuit court complaint and a document presenting the same claim to Maryland’s Health Care Alternative Dispute Resolution Office on April 19, 2024. The defendant hospital moved to dismiss the court action because the plaintiff had neither filed a certificate from a qualified expert nor waived arbitration as required by the Health Care Malpractice Claims Act.

Reportedly, the circuit court granted that motion on July 5, 2024. The plaintiff did not appeal but sent a letter requesting that the case remain on hold during a state medical board investigation. The letter lacked a certificate of service, and the court took no action. The administrative office later dismissed the claim because the plaintiff had not supplied the required certificate.

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