The COVID-19 pandemic has infiltrated every aspect of life throughout Maryland, including the process of seeking and obtaining medical treatment. As many states have issued orders limiting or eliminating liability for medical professionals, people throughout Maryland may be uncertain regarding their rights to pursue medical malpractice claims against a healthcare…
In any lawsuit in which a patient alleges he or she suffered harm due to medical malpractice, the plaintiff must establish that the treating doctor breached the applicable standard of care. Simply because a patient suffers harm, however, does not mean that the doctor should be liable for negligence. This…
A case recently decided by the United States District Court for the District of Maryland highlighted the importance of complying with procedural requirements in pursuing a medical malpractice claim. Specifically, the court, in evaluating whether to grant leave to amend a complaint to include medical malpractice claims to a plaintiff…
In some instances, it is clear that a health care provider’s actions or failure to act can provide a basis for a viable medical malpractice claim, but in other cases, the law is unsettled as to whether a provider’s behavior would fall under the umbrella of medical malpractice. For example,…
Medical malpractice cases differ from other civil lawsuits in a variety of ways. For example, in many states, including Pennsylvania, a plaintiff is required to file a certification from a qualified medical professional that indicates the plaintiff’s claim has merit. Although plaintiffs may be tempted to couch medical malpractice allegations…
In some instances, a plaintiff will not only suffer harm due to one instance of medical malpractice but will be injured by multiple negligent providers. Unless the instances of harm are in some way related, however, damages for each harmful event must typically be pursued separately. Recently, the United States…
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…
Medical malpractice cases often hinge on the persuasiveness and credibility of each party’s expert. Thus, it is not uncommon for either party to attempt to discredit an expert, either by showing that the expert lacks the appropriate credentials to set forth an opinion or that the expert deviated from the…
If a person who has been harmed by medical malpractice wishes to pursue a claim against the provider that caused his or her harm, the person must pursue the claim promptly. In other words, if a person delays, the applicable statute of limitations may bar the person from recovering damages.…
In Maryland, the essential elements of a medical malpractice claim are a breach of the applicable standard of care and harm caused by the breach. Thus, even if a physician commits an egregious act, it may not be considered malpractice if the plaintiff cannot establish the elements required to impose…