When individuals are held in detention, they depend on medical professionals to provide safe and attentive care for their known health conditions. A recent decision by a Maryland court highlights the importance of proper medical documentation and treatment planning when a patient reports allergies or adverse drug reactions. If you or a loved one suffered injury due to negligent medical care in a correctional or institutional setting, it is in your best interest to talk to a Baltimore medical malpractice attorney as soon as possible.
Case Background
It is alleged that the plaintiff, a pretrial detainee at the Baltimore County Detention Center, submitted more than ten sick call requests between March and April 2024 seeking treatment for severe allergies. Despite these requests, he reportedly did not receive the prescribed medication, Zyrtec, on a consistent basis. On April 4, 2024, the plaintiff complained of worsening symptoms and was evaluated by the defendant, a registered nurse employed at the facility. The nurse noted the presence of rashes on the plaintiff’s face, neck, and back and prescribed Benadryl and another medication, Diflucan.
It is alleged that later that day, the plaintiff was placed in medical quarantine and informed that he would not be released unless he complied with the prescribed treatment. The plaintiff asserted that when he took Benadryl, he suffered an adverse reaction that included hives, throat swelling, and loss of consciousness. He maintained that he had previously warned medical staff that Benadryl aggravated his symptoms, yet the medication was prescribed and administered despite that known sensitivity. The plaintiff alleged that the nurse acted with deliberate indifference to his serious medical needs in violation of the Fourteenth Amendment and that her actions caused lasting harm. He sought monetary damages totaling $500,000.
Medical Malpractice vs Deliberate Indifference
It is reported that the defendant filed a motion to dismiss or, alternatively, for summary judgment, arguing that the plaintiff failed to state a constitutional claim and did not meet Maryland’s procedural requirements for bringing a malpractice action. The court examined the record and noted that because the plaintiff was a pretrial detainee rather than a convicted prisoner, his claims arose under the Due Process Clause of the Fourteenth Amendment rather than the Eighth Amendment. Under this standard, a plaintiff must show that he faced a serious medical need, that the defendant’s response was objectively unreasonable, and that the conduct caused injury.
The court explained that negligence alone does not constitute deliberate indifference. However, evidence that a provider knowingly disregarded a substantial risk of harm can satisfy the constitutional standard. In this case, the medical records and the plaintiff’s sworn statements indicated that he had warned the nurse about his allergy to Benadryl and that she prescribed it nonetheless. Because a factual dispute remained regarding whether the nurse was aware of the allergy at the time she issued the prescription, the court held that summary judgment was inappropriate and allowed the deliberate indifference claim to proceed.
It is reported that the court dismissed the plaintiff’s state-law medical malpractice claim for failure to comply with the Health Care Malpractice Claims Act. The statute requires that all malpractice actions against healthcare providers first be filed with the Health Care Alternative Dispute Resolution Office before proceeding in court. In addition, plaintiffs must file a certificate of a qualified expert attesting to a departure from accepted medical standards. The plaintiff in this case did not complete either step. Accordingly, the court dismissed the malpractice claim without prejudice, meaning it could potentially be refiled if the statutory requirements are met.
Meet with a Trusted Baltimore Medical Malpractice Attorney
If you or someone you love has suffered preventable harm due to negligent medical treatment, the dedicated Baltimore medical malpractice attorneys at Arfaa Law Group can help you understand your rights and pursue the compensation you deserve. Call our office at (410) 889-1850 or complete our online contact form to schedule a consultation. We proudly represent clients throughout Baltimore, Towson, and across the State of Maryland.