Generally, a party injured by incompetent medical care has the right to pursue medical malpractice claims in the jurisdiction of their choosing. They cannot, however, dictate what state’s laws apply. Instead, as demonstrated in a recent opinion, when more than one state has an interest in the resolution of the…
Generally speaking, doctors owe their patients two duties: they must treat them in accordance with the standard of care and advise them of the consequences of any proposed treatment. If a doctor breaches either duty, they may be held accountable for any harm that ensues. As discussed in a recent…
In Maryland, if people die due to complications caused by the negligence of their healthcare providers, their loved ones may be able to seek compensation via wrongful death claims. Only certain parties have the right to pursue such claims, however. In a recent Maryland medical malpractice case, the court analyzed…
People that suffer adverse consequences due to inadequate medical care will often seek compensation via medical malpractice claims. In order for their claims to proceed, they must file them within the applicable statute of limitations. There are circumstances that allow for the tolling of the statute of limitations, however. For…
In Maryland, people injured by the negligence of healthcare providers have the right to pursue medical malpractice claims. They must do so within the time proscribed by the statute of limitations, however, otherwise, their claim may be dismissed. As discussed in a recent Maryland ruling, the statutory period generally begins…
Expert testimony is essential in Maryland medical malpractice cases as it helps the jury to understand complex medical issues and determine whether the defendant breached the standard of care, causing harm to the plaintiff. Thus, if a plaintiff is precluded from offering expert testimony, it may be devastating to their…
During the COVID-19 pandemic, Maryland and other jurisdictions issued orders and laws impacting healthcare provider liability. While many of the orders and laws are no longer in effect, their ramifications are still present, as they can operate to bar medical malpractice claims. This was demonstrated recently when a court dismissed…
There are arguably benefits to pursuing claims in federal court; the process is more streamlined, cases generally move quicker, and parties must exchange disclosures, so they understand the issues early on. Only certain cases can proceed in federal court, though, and generally, those cases do not include medical malpractice claims.…
Pharmacists are considered health care providers under Maryland law. As such, if they fail to abide by the standard of care they can be held liable for any harm caused by their negligence. Typically, to demonstrate that a pharmacist committed malpractice, a plaintiff must show that the pharmacist breached a…
Pursuant to Maryland law, parties that wish to pursue medical malpractice claims must submit a certificate of qualified expert in conjunction with their complaint. If they fail to meet this requirement, their complaint will most likely be dismissed. While the expert providing the certificate must meet certain requirements, they do…