Prisoners rely entirely on correctional healthcare providers for medical treatment, and when care is delayed or denied, the consequences can be severe. As a recent Maryland medical malpractice ruling demonstrates, however, a successful lawsuit against prison medical staff requires more than allegations of inadequate treatment. Courts demand strict compliance with Maryland’s Health…
When patients enter an emergency room, they expect prompt evaluation and stabilization, regardless of insurance status, background, or appearance. Federal law, through the Emergency Medical Treatment and Labor Act (EMTALA), protects that expectation by requiring hospitals to provide appropriate medical screening and stabilization. Yet as a recent Maryland case demonstrates, proving…
When grieving families question the accuracy of a medical examiner’s conclusions, the stakes are deeply personal. Yet turning those concerns into a viable lawsuit is fraught with procedural hurdles, particularly when the defendant is a state agency. A recent Maryland decision illustrates how the doctrine of sovereign immunity and strict…
When a loved one seeks emergency care, families trust that medical professionals will act quickly and competently to prevent harm. Yet when that trust is broken, the consequences can be devastating. Medical negligence claims against federal healthcare providers present an additional layer of complexity, as both federal law and state…
In medical malpractice lawsuits involving reproductive care and genetic testing, plaintiffs must plead their claims with particularity. If they fail to articulate what standard of care applies and how a provider’s conduct violated it, the courts may dismiss the case at the pleading stage. This was demonstrated in a recent…
In Maryland, plaintiffs pursuing claims of medical malpractice must clearly allege a breach of the applicable standard of care along with facts supporting causation. If a complaint lacks this foundation, courts will dismiss the claim before discovery even begins. A recent decision issued by a Maryland court illustrates how a…
Medical malpractice plaintiffs in Maryland must meet strict evidentiary and procedural requirements to prevail at trial. One of the most critical requirements is the presentation of expert testimony to establish the standard of care, a breach of that standard, and causation. If the expert does not testify at trial and…
In Maryland, plaintiffs pursuing claims of medical malpractice must do more than allege poor outcomes; they must articulate a clear breach of the applicable standard of care and comply with statutory procedural requirements. Without these foundational elements, courts will dismiss the claim at the pleading stage, regardless of the severity…
When people seek emergency medical care following traumatic events, they rightfully expect competent, compassionate, and timely treatment. When care falls short of these expectations, the consequences can be severe, and it may constitute grounds for pursuing medical malpractice claims. It can be challenging to demonstrate liability in claims against healthcare…
Courts are generally reluctant to allow appeals of partial judgments while a case is still pending unless there is a compelling justification for doing so. A recent opinion issued in a Maryland medical malpractice case demonstrates the high bar litigants must meet to demonstrate that they should be permitted to…