Typically, people pursuing medical malpractice claims will file their lawsuits in the state where their harm occurred, but that is not always the case. While plaintiffs generally have the right to determine where to file their lawsuits, when the court presiding over a matter sits in a different state than…
Maryland law allows people who suffer harm due to negligently rendered medical care to seek compensation in a medical malpractice lawsuit. Even if there is ample evidence of inadequate treatment, however, medical professionals will often seek to have the claims against them dismissed prior to trial. As recently explained by…
People harmed by negligent medical care will often seek damages from the parties responsible for their losses via medical malpractice claims. Under Maryland law, however, before filing a complaint, a plaintiff must file a claim with the Health Care Malpractice Claims office, and if they fail to do so, they…
In most medical malpractice cases, the defendant will contest both liability and damages. In some instances, though, the defendant will concede fault but will argue that the plaintiff failed to adequately support their request for damages or that certain compensation should not be granted. Recently, a Maryland court addressed the…
In Maryland, dentists are considered healthcare providers, which means, among other things, they can be held liable for medical malpractice. A plaintiff pursuing medical malpractice claims against a dentist must not only offer evidence sufficient to demonstrate liability, but they must also comply with the applicable rules of procedure. If…
Many people struggle to conceive children or carry a pregnancy to term. Luckily, advances in medicine and technology allow people to become parents in non-traditional ways, including through the use of a gestational carrier. There are risks associated with working with a gestational carrier, however, including the possibility that the…
Many people in Maryland receive medical care in federally funded facilities. If the care they receive is inadequate, and they suffer harm as a result, they have the right to seek damages via medical malpractice claims. Such claims must be pleaded carefully, however, as pleading errors can result in the…
Maryland imposes strict requirements on parties that wish to pursue medical malpractice claims. Specifically, among other things, the Maryland Code dictates that a person that wants to seek damages from a health care provider for harm related to their treatment must first fulfill certain procedural requirements. If they neglect to…
It is an unfortunate fact that people confined to federal facilities are often the victims of incompetent medical care. In such instances, they have the right to seek compensation for their losses. As with any other civil claim asserted under Maryland law, they must abide by procedural rules, and if…
Under the Emergency Medical Treatment and Active Labor Act, a federal statute, healthcare providers are essentially prohibited from refusing to provide critical care to patients in emergency situations simply because the patient does not have health insurance. While the EMTALA does not supplant state medical malpractice laws, it can provide…