Medical malpractice litigation often turns on whether expert testimony on causation is sufficiently grounded in accepted scientific principles to be presented to a jury. In cases involving complex birth injuries, courts must evaluate competing expert opinions, examine the clinical literature, and determine whether the evidence meets the reliability threshold required…
Patients rely on their medical providers to communicate clearly about risks, alternatives, and potential complications so they can make informed choices about their care. When a provider fails to convey essential information before a procedure or delivery, the legal consequences may unfold years later in contentious litigation. A recent decision…
Patients place significant trust in medical professionals to explain the benefits and risks of treatment so they can make informed decisions about their care. When that communication breaks down, even routine procedures can give rise to confusion and uncertainty. People injured due to a doctor’s failure to obtain informed consent…
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 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…
When patients arrive at urgent care facilities with symptoms of serious medical distress, prompt and competent treatment is essential to prevent further harm. If they do not receive timely care, the consequences can be devastating, as demonstrated in a recent Maryland case. If you have suffered an injury due to…
Advances in reproductive technology not only allow people who have trouble conceiving to become parents but also allow people to take the steps necessary to avoid passing on genetic disorders. If a reproductive endocrinologist errs when providing medical services, they can be held accountable for any harm they cause, but…
In Maryland, incarcerated individuals who receive substandard medical care may have legal recourse against healthcare providers under state medical malpractice laws. However, such cases often involve complex procedural hurdles, including compliance with the state’s medical malpractice filing requirements and statutory limitations. A recent decision from a Maryland court highlights these…
Medical malpractice claims against government entities, such as the Federal Bureau of Prisons (BOP), are often difficult to establish due to strict legal requirements under the Federal Tort Claims Act (FTCA). This was highlighted by a recent decision out of Maryland in which the court ultimately upheld a finding that…