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Articles Posted in Hospital Negligence

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Maryland Court Discusses the Need for Expert Testimony in Medical Malpractice Cases

Many people with critical health issues require blood transfusions. Blood donors typically undergo thorough screenings, and their donations are tested before they are given to patients, but sometimes errors occur that result in patients becoming ill due to contaminated blood. People hurt by tainted transfusions may be able to recover…

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Court Discusses Evidence Needed to Sustain Medical Negligence Claims

Advances in surgical methods allow patients to avoid many of the dangers traditionally associated with invasive procedures. Surgery is not completely without risk, though, and complications can arise that can lead to devastating harm, such as the loss of a limb. Recently, a federal district court discussed whether a defendant’s…

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The Statute of Limitations Under the Federal Tort Claim Act Explained

Generally, when people are harmed by incompetent medical care, the cause of their damages is readily apparent. In some instances, though, it may take months or years for the source of a person’s injury to be revealed. As such, the law often allows some leeway in when a plaintiff’s statute…

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Maryland Court Dismisses Medical Malpractice Claim Due to Inadequate Allegations of Negligence

There are many actions that can cause significant harm to hospital patients that do not clearly constitute medical malpractice. Thus, in any medical malpractice case, it is critical for the plaintiff to allege facts that demonstrate that the defendant breached the standard of care that applies to parties in the…

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Maryland Court Discusses Immunity For Hospitals Following Emergency Mental Health Evaluations

Physicians take an oath affirming that they will not harm the people they treat. Thus, a physician can be held liable for engaging in behavior that is harmful to their patients. Additionally, Maryland law allows physicians to be held accountable for failing to involuntarily admit a patient to prevent the…

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Court Discusses Exhaustion of Remedies Under the Federal Tort Claims Act in a Maryland Medical Malpractice Case

Many medical facilities throughout Maryland receive funding from the federal government. Simply because an entity is federally funded does not mean it is immune from medical malpractice claims. However, a plaintiff seeking damages for malpractice that occurred at a health care facility that is considered a government establishment must comply…

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Maryland Court Discusses Who May Sign a Certificate of a Qualified Expert and Report in Medical Malpractice Cases

In an attempt to reduce frivolous claims, the Maryland legislature enacted the Maryland Health Care Malpractice Claim Act (the Act), which requires, in part, that a person who wishes to pursue medical malpractice claims must file a statement of claim and a Certificate of a Qualified Expert and Report (CQE)…

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Maryland Court Rules that Cremation Does Not Constitute Spoliation in Medical Malpractice Cases

When people have to contend with the death of a loved one in Maryland, they are often focused on laying the departed loved one to rest and healing emotionally, rather than a potential lawsuit. Thus, an innocent act such a cremating a loved one’s remains may provide fodder for a…

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Maryland Court Discusses the Award of Costs in a Medical Malpractice Case

Medical malpractice cases are complex, and despite plaintiffs’ attorneys’ best efforts, juries do not always accurately understand the issues of liability and damages. Depending on what court presides over a medical malpractice case, when a jury finds in favor of the defendant, the plaintiff may not only suffer a loss…

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Maryland Court Discusses One Satisfaction Rule in Medical Malpractice Cases

It is not uncommon for a patient harmed by medical malpractice to have underlying claims arising out of the harm that caused the initial need for medical treatment. It is crucial for anyone harmed by negligent medical care to understand how any related claims may affect a potential claim against…

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