People who served in the military are eligible to receive medical care at military hospitals. Military hospitals differ from non-government institutions in numerous ways. For example, establishing liability for medical malpractice for harm caused by incompetent care in a military hospital requires different proof than in cases involving non-government hospitals.…
Articles Posted in Medical Malpractice
Court Explains Requirements for Pursuing Medical Malpractice Claims Under the FTCA
Many health care facilities in and around Maryland are funded and operated by the federal government. As such, if a party wishes to pursue medical malpractice claims for harm caused by incompetent treatment in such facilities, they typically must comply with the Federal Tort Claims Act (FTCA), and if they…
Court Discusses the Elements of Medical Malpratice Claims
People who suffer harm due to incompetent medical care can seek damages via medical malpractice claims. Only treatment administered in the context of a medical relationship will give rise to liability, however. This was demonstrated in a ruling in which the court dismissed the plaintiff’s medical malpractice claims on the…
Maryland Court Discusses Venue in Medical Malpractice Cases
Nurses, like doctors, can be held liable if they carelessly perform their duties and cause people harm. Malpractice lawsuits against nurses must be pursued in the appropriate forum, however, and if they are not, the defendant can ask the court to transfer the case to another venue. There can be…
Maryland Court Explains Liability for Subsequent Harm in Medical Malpractice Cases
It is not uncommon for patients to change medical providers over the course of their care. Thus, if a provider initially tasked with treating a patient commits medical malpractice, it is possible that a subsequent health care professional could continue the pattern of negligent care, further harming the patient. Each…
Maryland Court Discusses Negligent Medical Care Following Work Injuries
Medical malpractice cases are typically more complicated than other civil lawsuits, due to the complexities of the nature of the plaintiff’s harm. Additionally, in some instances, the plaintiff will not only have pending claims against the negligent healthcare providers but also against a person or entity that caused an injury…
Court Discusses Subpoenas in Maryland Medical Malpractice Cases
In many medical malpractice cases, medical records from entities that are not parties to the case will be relevant to establishing or refuting liability. If a party is unable to obtain such records, therefore, it may detrimentally affect the outcome of his or her case. As such, it is critical…
Maryland Court Explains Grounds for Striking an Expert in a Medical Malpractice Case
Expert testimony is an essential component of medical malpractice cases. In other words, as the standard of care that applies to medical professionals and the duties imposed under the standard are beyond the purview of most jurors, parties need medical experts to clarify the issues and support their claims. Parties…
Court Discusses Summary Judgment in Favor of Plaintiffs in Medical Malpractice Cases
When people visit medical facilities for emergent care, they generally expect the care to be competent. Unfortunately, however, emergency medical staff can sometimes fail to address concerning symptoms causing a patient to suffer a rapid decline. In such cases, the injured party may be able to pursue claims against the…
Federal Court in Maryland Declines to Hear Medical Negligence Claims
People housed in federal facilities unfortunately often suffer a variety of injuries, including losses caused by incompetent medical care. Thus, if they proceed to pursue claims against the parties responsible for their harm, their lawsuit may include not only claims but also other causes of action. If a plaintiff’s complaint…